Criminal History Record Screening for Authorized Noncriminal Justice Purposes, 36027-36028 [05-12327]
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Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Rules and Regulations
List of Subjects in 28 CFR Part 901
§ 901.3 Approval of delayed fingerprint
submission requests.
Crime, Health, Privacy, Safety.
(a) A state may, based upon exigent
circumstances, apply for delayed
I Accordingly, part 901 of title 28 of the
Code of Federal Regulations is revised to submission of fingerprints supporting
requests for III records by agencies
read as follows:
authorized to access and receive
criminal history records under Public
PART 901—FINGERPRINT
Law 92–544. Such applications must be
SUBMISSION REQUIREMENTS
sent to the Compact Council Chairman
Sec.
and include information sufficient to
901.1 Purpose and authority.
fully describe the emergency nature of
901.2 Interpretation of fingerprint
the situation in which delayed
submission requirements.
submission authority is being sought,
901.3 Approval of delayed fingerprint
the risk to health and safety of the
submission requests.
individuals involved, and the reasons
901.4 Audits.
why the submission of fingerprints
Authority: 42 U.S.C. 14616.
contemporaneously with the search
request is not feasible.
§ 901.1 Purpose and authority.
(b) In evaluating requests for delayed
The Compact Council is established
submissions, the Compact Council must
pursuant to the National Crime
utilize the following criteria:
Prevention and Privacy Compact
(1) The risk to health and safety; and
(Compact), title 42, U.S.C., chapter 140,
(2) The emergency nature of the
subchapter II, section 14616. The
request.
purpose of these provisions is to
(c) Upon approval of the application
interpret the Compact, as it applies to
by the Compact Council, the authorized
the required submission of fingerprints, agency may conduct a III name check
along with requests for Interstate
pending submission of the fingerprints.
Identification Index (III) records, by
The fingerprints must be submitted
agencies authorized to access and
within the time frame specified by the
receive criminal history records under
Compact Council. For the purposes of
Public Law 92–544, and to establish
this part, ‘‘time frame’’ means the
protocols and procedures applicable to
number of days that elapse between the
the III and its use for noncriminal
date on which the name search was
justice purposes.
conducted and the date on which the
state repository either positively
§ 901.2 Interpretation of fingerprint
identifies the fingerprint subject or
submission requirements.
forwards the fingerprints to the FBI or
(a) Article V of the Compact requires
the date a Federal agency forwards the
the submission of fingerprints or other
fingerprints to the FBI.
approved forms of positive
(d) Once a specific proposal has been
identification with requests for criminal approved by the Compact Council,
history record checks for noncriminal
another state may apply for delayed
justice purposes. The requirement for
fingerprint submission consistent with
the submission of fingerprints may be
the approved proposal, provided that
satisfied in two ways:
the state has a related Public Law 92–
544 approved state statute, by
(1) The fingerprints should be
submitting the application to the FBI
submitted contemporaneously with the
request for criminal history information, Compact Officer, 1000 Custer Hollow
Road, Module C–3, Clarksburg, WV
or
26306–0001.
(2) For purposes approved by the
(e) Part 901 is also applicable to any
Compact Council, a delayed submission
federal agency authorized to access
of fingerprints may be permissible
criminal history records pursuant to
under exigent circumstances.
Federal statute or Executive Order for
(b) A preliminary III name based
noncriminal justice purposes.
check may be made pending the receipt
§ 901.4 Audits.
of the delayed submission of the
fingerprints. The state repository may
(a) Audits of authorized State agencies
authorize terminal access to authorized
that access the III System shall be
agencies designated by the state, to
conducted by the State’s Compact
enable them to conduct such checks.
Officer or, in the absence of a Compact
Such access must be made pursuant to
Officer, the chief administrator for the
the security policy set forth by the
criminal history record repository. The
state’s Criminal Justice Information
responsible Federal CJIS Systems
Services (CJIS) Systems Agency
Officer shall ensure that similar audits
(formerly known as the Control
are conducted of authorized Federal
Terminal Agency).
agencies. Such audits shall be
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15:52 Jun 21, 2005
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36027
conducted to verify adherence to the
provisions of part 901 and the FBI’s CJIS
Security Policy.
(b) Authorized agencies shall cause to
be collected an appropriate record of
each instance of III System access
through a manual or electronic log. The
log shall be maintained for a minimum
one-year period to facilitate the audits
and compliance reviews. Such records
shall be maintained in accordance with
the CJIS Security Policy. (For
information on this security policy,
contact your CJIS Systems Officer.)
(c) The audit and compliance reviews
must include mechanisms to determine
whether fingerprints were submitted
within the time frame specified by the
Compact Council.
(d) In addition to the audits as stated
above, the FBI CJIS Audit staff shall also
conduct routine systematic compliance
reviews of State repositories, Federal
agencies, and as necessary other
authorized III System user agencies.
Dated: May 12, 2005.
Donna M. Uzzell,
Compact Council Chairman.
[FR Doc. 05–12326 Filed 6–21–05; 8:45 am]
BILLING CODE 4410–02–P
NATIONAL CRIME PREVENTION AND
PRIVACY COMPACT COUNCIL
28 CFR Part 904
[NCPPC 109]
Criminal History Record Screening for
Authorized Noncriminal Justice
Purposes
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
(Compact), is publishing a rule to
establish criminal history record
screening standards for criminal history
record information received from the
Interstate Identification Index (III) for
authorized noncriminal justice
purposes.
DATES: This rule is effective on July 22,
2005.
FOR FURTHER INFORMATION CONTACT: Ms.
Donna M. Uzzell, Compact Council
Chairman, Florida Department of Law
Enforcement, P. O. Box 1489,
Tallahassee, FL 32302, telephone
number (850) 410–7100.
SUPPLEMENTARY INFORMATION: This
document finalizes the Compact
Council rule proposed in the Federal
Register on February 17, 2005. The
E:\FR\FM\22JNR1.SGM
22JNR1
36028
Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Rules and Regulations
Compact Council accepted comments
on the proposed rule until March 21,
2005; however, no comments were
received.
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/Federal
compact which was approved and
enacted into law 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
specifically provides that the Council
shall prescribe rules and procedures for
the effective and proper use of the III
System for noncriminal justice
purposes, and mandates that such rules,
procedures, or standards established by
the Council shall 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. Accordingly, no
actions are deemed necessary under the
provisions of the Unfunded Mandates
Reform Act of 1995.
VerDate jul<14>2003
15:52 Jun 21, 2005
Jkt 205001
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
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 of
the Small Business Regulatory
Enforcement Fairness Act) does not
apply. See 5 U.S.C. 804.
List of Subjects in 28 CFR Part 904
Crime, Health, Privacy.
Accordingly, title 28 of the Code of
Federal Regulations, chapter IX is
amended by adding part 904 to read as
follows:
I
PART 904—STATE CRIMINAL
HISTORY RECORD SCREENING
STANDARDS
Sec.
904.1 Purpose and authority.
904.2 Interpretation of the criminal history
record screening requirement.
904.3 State criminal history record
screening standards.
Authority: 42 U.S.C. 14616.
§ 904.1
Purpose and authority.
Pursuant to the National Crime
Prevention and Privacy Compact
(Compact), title 42, U.S.C., chapter 140,
subchapter II, section 14616, Article IV
(c), the Compact Council hereby
establishes record screening standards
for criminal history record information
received by means of the III System for
noncriminal justice purposes.
§ 904.2 Interpretation of the criminal
history record screening requirement.
Compact Article IV(c) provides that
‘‘Any record obtained under this
Compact may be used only for the
official purposes for which the record
was requested.’’ Further, Article
III(b)(1)(C) requires that each Party State
appoint a Compact officer who shall
‘‘regulate the in-State use of records
received by means of the III System
from the FBI or from other Party States.’’
To ensure compliance with this
requirement, Compact Officers receiving
records from the FBI or other Party
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).
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§ 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: May 12, 2005.
Donna M. Uzzell,
Compact Council Chairman.
[FR Doc. 05–12327 Filed 6–21–05; 8:45 am]
BILLING CODE 4410–02–P
DEPARTMENT OF DEFENSE
Department of the Army
32 CFR Part 637
RIN 0702–AA44
Military Police Investigations
Department of the Army, DoD.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Department of the Army
is publishing our rule concerning
military police investigations. The
regulation prescribes policies and
procedures on types and categories of
offenses investigated by Military Police
and DA Civilian detectives/
investigators.
Effective Date: July 22, 2005.
Headquarters, Department
of the Army, Office of the Provost
DATES:
ADDRESSES:
E:\FR\FM\22JNR1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 119 (Wednesday, June 22, 2005)]
[Rules and Regulations]
[Pages 36027-36028]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12327]
-----------------------------------------------------------------------
NATIONAL CRIME PREVENTION AND PRIVACY COMPACT COUNCIL
28 CFR Part 904
[NCPPC 109]
Criminal History Record Screening for Authorized Noncriminal
Justice Purposes
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 (Compact), is publishing a rule to
establish criminal history record screening standards for criminal
history record information received from the Interstate Identification
Index (III) for authorized noncriminal justice purposes.
DATES: This rule is effective on July 22, 2005.
FOR FURTHER INFORMATION CONTACT: Ms. Donna M. Uzzell, Compact Council
Chairman, Florida Department of Law Enforcement, P. O. Box 1489,
Tallahassee, FL 32302, telephone number (850) 410-7100.
SUPPLEMENTARY INFORMATION: This document finalizes the Compact Council
rule proposed in the Federal Register on February 17, 2005. The
[[Page 36028]]
Compact Council accepted comments on the proposed rule until March 21,
2005; however, no comments were received.
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/
Federal compact which was approved and enacted into law 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 specifically provides that the Council shall prescribe rules
and procedures for the effective and proper use of the III System for
noncriminal justice purposes, and mandates that such rules, procedures,
or standards established by the Council shall 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.
Accordingly, 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 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 of the Small Business Regulatory Enforcement Fairness
Act) does not apply. See 5 U.S.C. 804.
List of Subjects in 28 CFR Part 904
Crime, Health, Privacy.
0
Accordingly, title 28 of the Code of Federal Regulations, chapter IX is
amended by adding part 904 to read as follows:
PART 904--STATE CRIMINAL HISTORY RECORD SCREENING STANDARDS
Sec.
904.1 Purpose and authority.
904.2 Interpretation of the criminal history record screening
requirement.
904.3 State criminal history record screening standards.
Authority: 42 U.S.C. 14616.
Sec. 904.1 Purpose and authority.
Pursuant to the National Crime Prevention and Privacy Compact
(Compact), title 42, U.S.C., chapter 140, subchapter II, section 14616,
Article IV (c), the Compact Council hereby establishes record screening
standards for criminal history record information received by means of
the III System for noncriminal justice purposes.
Sec. 904.2 Interpretation of the criminal history record screening
requirement.
Compact Article IV(c) provides that ``Any record obtained under
this Compact may be used only for the official purposes for which the
record was requested.'' Further, Article III(b)(1)(C) requires that
each Party State appoint a Compact officer who shall ``regulate the in-
State use of records received by means of the III System from the FBI
or from other Party States.'' To ensure compliance with this
requirement, Compact Officers receiving records from the FBI or other
Party 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).
Sec. 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 Sec. 904.2 for all noncriminal justice purposes.
(b) Authorized officials performing record screening under Sec.
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 Sec. 904.3(a)
shall be performed in the same manner in which the state screens its
own records for noncriminal justice purposes.
Dated: May 12, 2005.
Donna M. Uzzell,
Compact Council Chairman.
[FR Doc. 05-12327 Filed 6-21-05; 8:45 am]
BILLING CODE 4410-02-P
