Carriage of Concealed Weapons Pursuant to Public Law 108-277; the Law Enforcement Officers Safety Act of 2003, 2817-2819 [E7-150]
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jlentini on PROD1PC65 with PROPOSAL
Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Proposed Rules
the American Dietetic Association,
97(6):612–618, June 1997.
84. Fasano, A., I. Berti, T. Gerarduzzi, et
al., ‘‘Prevalence of Celiac Disease in At-Risk
and Not-At-Risk Groups in the United States.
A Large Multicenter Study,’’ Archives of
Internal Medicine, 163:286–292, 2003.
85. U.S. Census Bureau, Population
Division, ‘‘U.S. POPClock Projection,’’ Web
page, accessible at https://www.census.gov/
population/www/popclockus.html on August
18, 2005
86. Blast, A., National Foundation for
Celiac Awareness, Public Statement,
Transcript of the Center for Food Safety and
Applied Nutrition, Food and Drug
Administration Public Meeting on GlutenFree Food Labeling held in College Park, MD,
p. 287, August 19, 2005, accessible at https://
www.fda.gov/ohrms/dockets/dockets/
05n0279/05n-0279-tr00001-01-vol16.doc June
22, 2006. (Also see errata sheet for transcript
accessible at https://www.fda.gov/ohrms/
dockets/dockets/05n0279/05n-0279-tr0000102-erratta-vol16.doc June 22, 2006.)
87. Schluckebier, M., ‘‘Food Labeling
Concerns for CD/DH,’’ Presentation,
Transcript of the Center for Food Safety and
Applied Nutrition, Food and Drug
Administration Public Meeting on GlutenFree Food Labeling held in College Park, MD,
p. 200, August 19, 2005, accessible at https://
www.fda.gov/ohrms/dockets/dockets/
05n0279/05n-0279-tr00001-01-vol16.doc on
June 22, 2006. (Also see errata sheet for
transcript accessible at https://www.fda.gov/
ohrms/dockets/dockets/05n0279/05n-0279tr00001-02-erratta-vol16.doc on June 22,
2006.)
88. Bureau of Labor Statistics, U.S.
Department of Labor (USDL), ‘‘Employer
Costs for Employee Compensation
Summary,’’ USDL: 05–2279, December 9,
2005.
89. Kaukinen, K., P. Collin, K. Holm, et al.,
‘‘Wheat Starch-Containing Gluten-Free Flour
Products in the Treatment of Coeliac Disease
and Dermatitis Herpetiformis. A Long Term
Follow-Up Study,’’ Scandinavian Journal of
Gastroenterology, 34:163–169, 1999.
90. McCrae, W.M., M.A. Eastwood, M.R.
Martin, et al., ‘‘Neglected Coeliac Disease,’’
Lancet, 1:187–190, 1975.
91. Sdepanian V.L., I.C.A. Scaletsky, U.
Fagundes-Neto, et al., ‘‘Assessment of
Gliadin in Supposedly Gluten-Free Foods
Prepared and Purchased by Celiac Patients,’’
Journal of Pediatric Gastroenterology and
Nutrition, 32:65–70, January 2001.
92. Codex Alimentarius Commission, Food
and Agriculture Organization (FAO) of the
United Nations, World Health Organization
(WHO), Joint FAO/WHO Food Standards
Programme, Codex Committee on Nutrition
and Foods for Special Dietary Uses, Twentyfifth Session, ‘‘Proposed Draft Revised
Standard for Gluten-Free Food At Step 7,’’
Comments from Sweden, Finland, AOECS–
Association of European Coeliac Societies,
IWGA–International Wheat Gluten
Association, CX/NFSDU 03/4–Add. 1, pp. 1–
11, October 2003.
¨
93. Lohiniemi, S., M. Maki, K. Kaukinene,
et al., ‘‘Gastrointestinal Symptoms Rating
Scale in Coeliac Disease Patients on Wheat
Starch-Based Gluten-Free Diets,’’
VerDate Aug<31>2005
17:57 Jan 22, 2007
Jkt 211001
Scandinavian Journal of Gastroenterology,
September, 35(9):947–949, October 2000.
¨
94. Peraaho, M., K. Kaukinen, K. Paasikivi,
et al., ‘‘Wheat-Starch-Based Gluten-Free
Products in the Treatment of Newly Detected
Coeliac Disease: Prospective and
Randomized Study,’’ Alimentary
Pharmacology & Therapeutics, 17(4):587–
594, February 2003.
95. Faulkner-Hogg, K.B., W.S. Selby, and
R.H. Loblay, ‘‘Dietary Analysis in
Symptomatic Patients With Coeliac Disease
on a Gluten-Free Diet: The Role of Trace
Amounts of Gluten and Non-Gluten
Products,’’ Scandinavian Journal of
Gastroenterology, 34(38):784–789, August
1999.
List of Subjects in 21 CFR Part 101
Food labeling, Nutrition, Reporting
and recordkeeping requirements.
For the reasons discussed in the
preamble, the Food and Drug
Administration proposes to amend 21
CFR part 101 as follows:
PART 101—FOOD LABELING
1. The authority citation for 21 CFR
part 101 continues to read as follows:
Authority: 15 U.S.C. 1453, 1454, 1455; 21
U.S.C. 321, 331, 342, 343, 348, 371; 42 U.S.C.
243, 264, 271.
2. Section 101.91 is added to subpart
F to read as follows:
§ 101.91
Gluten-free labeling of food.
(a) Definitions. (1) The term
‘‘prohibited grain’’ means any one of the
following grains or their crossbred
hybrids (e.g., triticale, which is a cross
between wheat and rye):
(i) Wheat, including any species
belonging to the genus Triticum;
(ii) Rye, including any species
belonging to the genus Secale; or
(iii) Barley, including any species
belonging to the genus Hordeum.
(2) The term ‘‘gluten’’ means the
proteins that naturally occur in a
prohibited grain and that may cause
adverse health effects in persons with
celiac disease (e.g., prolamins and
glutelins).
(3) The labeling claim ‘‘gluten-free’’ or
similar claim (e.g., ‘‘free of gluten,’’
‘‘without gluten,’’ ‘‘no gluten’’) means
that the food bearing the claim in its
labeling does not contain any of the
following:
(i) An ingredient that is a prohibited
grain (e.g., spelt wheat);
(ii) An ingredient that is derived from
a prohibited grain and that has not been
processed to remove gluten (e.g., wheat
flour);
(iii) An ingredient that is derived from
a prohibited grain and that has been
processed to remove gluten (e.g., wheat
starch), if the use of that ingredient
results in the presence of 20 parts per
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2817
million (ppm) or more gluten in the
food (i.e., 20 micrograms or more gluten
per gram of food);
(iv) 20 ppm or more gluten.
(b) Requirements. (1) A food that
bears the claim ‘‘gluten-free’’ or similar
claim in its labeling and fails to meet
the conditions specified in paragraph
(a)(3) of this section will be deemed
misbranded.
(2) With the exception of foods made
from oats, a food that does not
inherently contain any gluten from a
prohibited grain (e.g., milk, corn, frozen
concentrated orange juice) and that
bears the claim ‘‘gluten-free’’ in its
labeling will be deemed misbranded
unless:
(i) The claim refers to all foods of that
same type (e.g., ‘‘milk, a gluten-free
food,’’ ‘‘all milk is gluten-free’’); and
(ii) The food does not contain 20 ppm
or more gluten.
(3) A food made from oats that bears
the claim ‘‘gluten-free’’ or similar claim
in its labeling will be deemed
misbranded if the claim refers to all
foods of the same type (e.g., ‘‘all oats are
gluten-free’’) or if the food contains 20
ppm or more gluten.
(c) Compliance. When compliance
with paragraph (b) of this section is
based on an analysis of the food, FDA
will use a method that can reliably
detect the presence of 20 ppm gluten in
a variety of food matrices, including
both raw and cooked or baked products.
Dated: January 16, 2007.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. E7–843 Filed 1–22–07; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF JUSTICE
Federal Bureau of Investigation
28 CFR Part 20
[Docket No. FBI 113; AG Order No. 2855–
2007]
RIN 1110–AA24
Carriage of Concealed Weapons
Pursuant to Public Law 108–277; the
Law Enforcement Officers Safety Act
of 2003
Federal Bureau of Investigation
(FBI), Department of Justice.
ACTION: Notice of proposed rulemaking
with request for comments.
AGENCY:
SUMMARY: The Department of Justice
(the Department) is amending Title 28 of
the Code of Federal Regulations to
authorize access to FBI-maintained
criminal justice information systems for
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2818
Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Proposed Rules
jlentini on PROD1PC65 with PROPOSAL
the conduct of background checks for
the purpose of issuing identification
documents to retired law enforcement
officers.
DATES: Written comments must be
received on or before March 26, 2007.
ADDRESSES: All comments may be
submitted to Assistant General Counsel
Harold M. Sklar, Federal Bureau of
Investigation, CJIS Division, 1000 Custer
Hollow Road, Module E–3, Clarksburg,
West Virginia, 26306, or by telefacsimile
to (304) 625–3944. To ensure proper
handling, please reference FBI Docket
No. 113 on your correspondence. You
may view an electronic version of this
proposed rule at www.regulations.gov.
You may also comment via electronic
mail at enexreg@leo.gov or by using the
www.regulations.gov comment form for
this regulation. When submitting
comments electronically you must
include FBI Docket No. [2855–2007] in
the subject box.
FOR FURTHER INFORMATION CONTACT:
Assistant General Counsel Harold M.
Sklar, telephone number (304) 625–
2000.
SUPPLEMENTARY INFORMATION:
Background
The Department is amending part 20
of Title 28, ‘‘Criminal Justice
Information Systems,’’ to authorize
criminal justice agencies to access FBI
criminal history record information
appearing in the National Crime
Information Center (NCIC) Interstate
Identification Index (III) and the
Fingerprint Identification Record
System (FIRS) to support
implementation of Public Law 108–277.
On July 22, 2004, the Law
Enforcement Officers Safety Act of 2003
(Pub. L. 108–277) became law. Public
Law 108–277 amended Title 18, United
States Code, to exempt ‘‘qualified’’
current and retired law enforcement
officers (LEOs) from State laws
prohibiting the carrying of concealed
firearms (except when state law restricts
the possession of concealed firearms on
public property or permits private
property owners to restrict the
possession of concealed firearms on
their property). Under the new 18 U.S.C.
926C(d), retired LEOs seeking to
exercise this privilege are required to
possess photographic identification
issued by the criminal justice agency
(CJA) from which they retired from
service.
On January 31, 2005, the Attorney
General issued guidance on Public Law
108–277 mandating that Department of
Justice (DOJ) Criminal Justice
Components issue photographic
identification (ID cards) to its eligible
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16:24 Jan 22, 2007
Jkt 211001
retired LEOs that identify their status as
‘‘retired law enforcement officers’’ and
provide the date of retirement.
Additionally, various CJAs have asked
the FBI whether they may access the III
database to screen their retired LEOs
prior to issuing ID cards under the Act.
Section 534 of title 28, United States
Code, generally permits the
dissemination of III and FIRS
information to CJAs for ‘‘official use.’’
Section 534 is implemented in this
regard by 28 CFR part 20. Since 1974,
access to and dissemination of III
information under part 20 has been
largely restricted to ‘‘criminal justice
agencies for criminal justice purposes,
which purposes include the screening of
employees or applicants for
employment hired by criminal justice
agencies * * *.’’ 28 CFR 20.33(a)(1).
Although the term ‘‘criminal justice
purpose’’ referenced in § 20.33(a)(1) is
not specifically defined in the
regulations, it has traditionally been
considered to include activities within
the definition of ‘‘administration of
criminal justice’’ in § 20.3(b):
‘‘performance of any of the following
activities: Detection, apprehension,
detention, pretrial release, post-trial
release, prosecution, adjudication,
correctional supervision, or
rehabilitation of accused persons or
criminal offenders.’’ Taken together,
these regulations currently do not
clearly support access to III and FIRS for
the purpose of issuing identification
documents for retired LEOs.
As a result, the FBI sought and
obtained the concurrence of the
Criminal Justice Information Services
Advisory Policy Board (CJIS APB) (a
body created pursuant to the Federal
Advisory Committee Act, § 2, 5 U.S.C.
App. 2) to amend the definition of
‘‘administration of criminal justice’’ to
include background checks conducted
for the purpose of issuing identification
documents to retired LEOs pursuant to
section 926C(d) of Public Law 108–277.
To provide regulatory consistency, we
also propose to relocate the reference in
§ 20.33(a)(1) to ‘‘the screening of
employees or applicants for
employment hired by criminal justice
agencies’’ to the definition of
‘‘administration of criminal justice’’
appearing at § 20.3(b). We are also
making clear in section 20.3(b) that the
term ‘‘criminal justice purpose’’
includes activities defined as the
‘‘administration of criminal justice.’’
This amendment will expressly
authorize access to the III and the FIRS
by Federal, state, and local CJAs for the
purpose of issuing identification
documents to eligible retired LEOs
pursuant to Public Law 108–277.
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Further, inasmuch as the definitions
appearing in 28 CFR 20.3 apply to both
28 CFR subparts B and C, this change
resolves any ambiguity about the
existing authority to access state
criminal justice systems (in the absence
of contrary state authority) to screen CJA
applicants and employees.
Applicable Administrative Procedures
and Executive Orders
Executive Order 12866—Regulatory
Planning and Review
The proposed rule has been drafted
and reviewed in accordance with
Executive Order 12866, section 1(b),
Principles of Regulation. The
Department has determined that this
rule is a significant regulatory action
under section 3(f) of Executive Order
12866.
Executive Order 13132—Federalism
This rule will not have a substantial,
direct effect on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with Executive Order 13132,
it is determined that this rule does not
have sufficient federalism implications
to warrant the preparation of a
Federalism Assessment.
Executive Order 12988—Civil Justice
Reform
The rule meets the applicable
standards set forth in sections 3(a) and
3(b)(2) of Executive Order 12988.
Regulatory Flexibility Act
The Attorney General, in accordance
with the Regulatory Flexibility Act (5
U.S.C. 601 et seq.), has reviewed this
rule and, by approving it, certifies that
this rule will not have a significant
economic impact on a substantial
number of small entities (5 U.S.C.
605(b)). This rule imposes minimal
costs on businesses, organizations, or
governmental jurisdictions (whether
large or small).
Unfunded Mandates Reform Act of 1995
This rule will not result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
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Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Proposed Rules
Small Business Regulatory Enforcement
Fairness Act of 1996
This rule is not a ‘‘major rule’’ as
defined by the Small Business
Regulatory Enforcement Fairness Act of
1996, 5 U.S.C. 804(2). This proposed
rule will not result in an annual effect
on the economy of $100 million or
more, a major increase in costs or prices,
or have significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of United States-based
companies to compete with foreignbased companies in domestic and
export markets.
Paperwork Reduction Act of 1995
The rule does not contain collection
of information requirements. Therefore,
clearance by the Office of Management
and Budget under the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq.,
is not required.
List of Subjects in 28 CFR Part 20
(ii) The screening of employees or
applicants for employment hired by
criminal justice agencies; and
(iii) The issuance of identification
documents to current and retired law
enforcement officers pursuant to Public
Law 108–277.
*
*
*
*
*
3. Section § 20.33 is amended by
revising paragraphs (a) introductory text
and (a)(1) to read as follows:
§ 20.33 Dissemination of criminal history
record information.
(a) Criminal history record
information contained in the III System
and the FIRS may be made available:
(1) To criminal justice agencies for
criminal justice purposes;
*
*
*
*
*
Dated: January 2, 2007.
Alberto R. Gonzales,
Attorney General.
[FR Doc. E7–150 Filed 1–22–07; 8:45 am]
BILLING CODE 4410–02–P
Classified information, Crime,
Intergovernmental relations,
Investigations, Law enforcement,
Privacy.
Accordingly, part 20 of title 28 of the
Code of Federal Regulations is proposed
to be amended as follows:
DEPARTMENT OF DEFENSE
Office of the Secretary
[DoD–2006–OS–0033; 0790–AI10]
32 CFR Part 311
PART 20—CRIMINAL JUSTICE
INFORMATION SYSTEMS
Office of the Secretary Privacy
Program
1. The authority citation for part 20
continues to read as follows:
AGENCY:
ACTION:
Authority: 28 U.S.C. 534; Pub. L. 92–544,
86 Stat. 1115; 42 U.S.C. 3711, et seq.; Pub.
L. 99–169, 99 Stat. 1002, 1008–1011, as
amended by Pub. L. 99–569, 100 Stat. 3190,
3196; Pub. L. 101–410, 104 Stat. 890, as
amended by Pub. L. 104–134, 110 Stat. 1321.
2. Section 20.3 is amended by revising
paragraph (b) to read as follows:
jlentini on PROD1PC65 with PROPOSAL
§ 20.3
Definitions.
As used in these regulations:
*
*
*
*
*
(b) Administration of criminal justice
means the performance of any of the
following activities: Detection,
apprehension, detention, pretrial
release, post-trial release, prosecution,
adjudication, correctional supervision,
or rehabilitation of accused persons or
criminal offenders. The term ‘‘criminal
justice purpose’’ in 20 CFR 20.33(a)(1)
includes activities defined as the
‘‘administration of criminal justice.’’
The administration of criminal justice
also includes
(i) Criminal identification activities
and the collection, storage, and
dissemination of criminal history record
information;
VerDate Aug<31>2005
16:24 Jan 22, 2007
Jkt 211001
Department of Defense.
Proposed rule.
SUMMARY: This rule proposed updates
and implements policies and
procedures for the Privacy Act Program
in the Office of the Secretary of Defense
and organizations provided
administrative support by the
Washington Headquarters Services.
DATES: Comments must be received by
March 26, 2007.
ADDRESSES: You may submit comments,
identified by docket number and or RIN
number and title, by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Federal Docket Management
System Office, 1160 Defense Pentagon,
Washington, DC 20301–1160.
Instructions: All submissions received
must include the agency name and
docket number or Regulatory
Information Number (RIN) for this
Federal Register document. The general
policy for comments and other
submissions from members of the public
is to make these submissions available
for public viewing on the Internet at
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2819
https://regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
FOR FURTHER INFORMATION CONTACT:
Ms.
J. Irvin, 703–696–4940.
SUPPLEMENTARY INFORMATION:
Executive Order 12866, ‘‘Regulatory
Planning and Review’’
It has been determined that 32 CFR
part 311 is not a significant regulatory
action. The rule does not:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy; a section of the economy;
productivity; competition; jobs; the
environment; public health or safety; or
State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another Agency;
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs, or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in this Executive Order.
Unfunded Mandates Reform Act (Sec.
202, Pub. L. 104–4)
It has been certified that this rule does
not contain a Federal mandate that may
result in the expenditure by State, local
and tribal governments, in aggregate, or
by the private sector, of $100 million or
more in any one year.
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. 601)
It has been certified that this rule is
not subject to the Regulatory Flexibility
Act (5 U.S.C. 601) because it would not,
if promulgated, have a significant
economic impact on a substantial
number of small entities. Certification is
required.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
It has been certified that this rule does
impose reporting or recordkeeping
requirements under the Paperwork
Reduction Act of 1995. The reporting
and recordkeeping requirements have
been submitted to OMB for review.
Executive Order 13132, ‘‘Federalism’’
It has been certified that this rule does
not have federalism implications, as set
forth in Executive Order 13132. This
rule does not have substantial direct
effects on:
(1) The States;
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]]>Agencies
[Federal Register Volume 72, Number 14 (Tuesday, January 23, 2007)]
[Proposed Rules]
[Pages 2817-2819]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-150]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Federal Bureau of Investigation
28 CFR Part 20
[Docket No. FBI 113; AG Order No. 2855-2007]
RIN 1110-AA24
Carriage of Concealed Weapons Pursuant to Public Law 108-277; the
Law Enforcement Officers Safety Act of 2003
AGENCY: Federal Bureau of Investigation (FBI), Department of Justice.
ACTION: Notice of proposed rulemaking with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Department of Justice (the Department) is amending Title
28 of the Code of Federal Regulations to authorize access to FBI-
maintained criminal justice information systems for
[[Page 2818]]
the conduct of background checks for the purpose of issuing
identification documents to retired law enforcement officers.
DATES: Written comments must be received on or before March 26, 2007.
ADDRESSES: All comments may be submitted to Assistant General Counsel
Harold M. Sklar, Federal Bureau of Investigation, CJIS Division, 1000
Custer Hollow Road, Module E-3, Clarksburg, West Virginia, 26306, or by
telefacsimile to (304) 625-3944. To ensure proper handling, please
reference FBI Docket No. 113 on your correspondence. You may view an
electronic version of this proposed rule at www.regulations.gov. You
may also comment via electronic mail at enexreg@leo.gov or by using the
www.regulations.gov comment form for this regulation. When submitting
comments electronically you must include FBI Docket No. [2855-2007] in
the subject box.
FOR FURTHER INFORMATION CONTACT: Assistant General Counsel Harold M.
Sklar, telephone number (304) 625-2000.
SUPPLEMENTARY INFORMATION:
Background
The Department is amending part 20 of Title 28, ``Criminal Justice
Information Systems,'' to authorize criminal justice agencies to access
FBI criminal history record information appearing in the National Crime
Information Center (NCIC) Interstate Identification Index (III) and the
Fingerprint Identification Record System (FIRS) to support
implementation of Public Law 108-277.
On July 22, 2004, the Law Enforcement Officers Safety Act of 2003
(Pub. L. 108-277) became law. Public Law 108-277 amended Title 18,
United States Code, to exempt ``qualified'' current and retired law
enforcement officers (LEOs) from State laws prohibiting the carrying of
concealed firearms (except when state law restricts the possession of
concealed firearms on public property or permits private property
owners to restrict the possession of concealed firearms on their
property). Under the new 18 U.S.C. 926C(d), retired LEOs seeking to
exercise this privilege are required to possess photographic
identification issued by the criminal justice agency (CJA) from which
they retired from service.
On January 31, 2005, the Attorney General issued guidance on Public
Law 108-277 mandating that Department of Justice (DOJ) Criminal Justice
Components issue photographic identification (ID cards) to its eligible
retired LEOs that identify their status as ``retired law enforcement
officers'' and provide the date of retirement. Additionally, various
CJAs have asked the FBI whether they may access the III database to
screen their retired LEOs prior to issuing ID cards under the Act.
Section 534 of title 28, United States Code, generally permits the
dissemination of III and FIRS information to CJAs for ``official use.''
Section 534 is implemented in this regard by 28 CFR part 20. Since
1974, access to and dissemination of III information under part 20 has
been largely restricted to ``criminal justice agencies for criminal
justice purposes, which purposes include the screening of employees or
applicants for employment hired by criminal justice agencies * * *.''
28 CFR 20.33(a)(1).
Although the term ``criminal justice purpose'' referenced in Sec.
20.33(a)(1) is not specifically defined in the regulations, it has
traditionally been considered to include activities within the
definition of ``administration of criminal justice'' in Sec. 20.3(b):
``performance of any of the following activities: Detection,
apprehension, detention, pretrial release, post-trial release,
prosecution, adjudication, correctional supervision, or rehabilitation
of accused persons or criminal offenders.'' Taken together, these
regulations currently do not clearly support access to III and FIRS for
the purpose of issuing identification documents for retired LEOs.
As a result, the FBI sought and obtained the concurrence of the
Criminal Justice Information Services Advisory Policy Board (CJIS APB)
(a body created pursuant to the Federal Advisory Committee Act, Sec.
2, 5 U.S.C. App. 2) to amend the definition of ``administration of
criminal justice'' to include background checks conducted for the
purpose of issuing identification documents to retired LEOs pursuant to
section 926C(d) of Public Law 108-277. To provide regulatory
consistency, we also propose to relocate the reference in Sec.
20.33(a)(1) to ``the screening of employees or applicants for
employment hired by criminal justice agencies'' to the definition of
``administration of criminal justice'' appearing at Sec. 20.3(b). We
are also making clear in section 20.3(b) that the term ``criminal
justice purpose'' includes activities defined as the ``administration
of criminal justice.''
This amendment will expressly authorize access to the III and the
FIRS by Federal, state, and local CJAs for the purpose of issuing
identification documents to eligible retired LEOs pursuant to Public
Law 108-277. Further, inasmuch as the definitions appearing in 28 CFR
20.3 apply to both 28 CFR subparts B and C, this change resolves any
ambiguity about the existing authority to access state criminal justice
systems (in the absence of contrary state authority) to screen CJA
applicants and employees.
Applicable Administrative Procedures and Executive Orders
Executive Order 12866--Regulatory Planning and Review
The proposed rule has been drafted and reviewed in accordance with
Executive Order 12866, section 1(b), Principles of Regulation. The
Department has determined that this rule is a significant regulatory
action under section 3(f) of Executive Order 12866.
Executive Order 13132--Federalism
This rule will not have a substantial, direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Therefore, in accordance with Executive Order
13132, it is determined that this rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Executive Order 12988--Civil Justice Reform
The rule meets the applicable standards set forth in sections 3(a)
and 3(b)(2) of Executive Order 12988.
Regulatory Flexibility Act
The Attorney General, in accordance with the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.), has reviewed this rule and, by approving
it, certifies that this rule will not have a significant economic
impact on a substantial number of small entities (5 U.S.C. 605(b)).
This rule imposes minimal costs on businesses, organizations, or
governmental jurisdictions (whether large or small).
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
[[Page 2819]]
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a ``major rule'' as defined by the Small Business
Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 804(2). This
proposed rule will not result in an annual effect on the economy of
$100 million or more, a major increase in costs or prices, or have
significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
companies to compete with foreign-based companies in domestic and
export markets.
Paperwork Reduction Act of 1995
The rule does not contain collection of information requirements.
Therefore, clearance by the Office of Management and Budget under the
Paperwork Reduction Act, 44 U.S.C. 3501 et seq., is not required.
List of Subjects in 28 CFR Part 20
Classified information, Crime, Intergovernmental relations,
Investigations, Law enforcement, Privacy.
Accordingly, part 20 of title 28 of the Code of Federal Regulations
is proposed to be amended as follows:
PART 20--CRIMINAL JUSTICE INFORMATION SYSTEMS
1. The authority citation for part 20 continues to read as follows:
Authority: 28 U.S.C. 534; Pub. L. 92-544, 86 Stat. 1115; 42
U.S.C. 3711, et seq.; Pub. L. 99-169, 99 Stat. 1002, 1008-1011, as
amended by Pub. L. 99-569, 100 Stat. 3190, 3196; Pub. L. 101-410,
104 Stat. 890, as amended by Pub. L. 104-134, 110 Stat. 1321.
2. Section 20.3 is amended by revising paragraph (b) to read as
follows:
Sec. 20.3 Definitions.
As used in these regulations:
* * * * *
(b) Administration of criminal justice means the performance of any
of the following activities: Detection, apprehension, detention,
pretrial release, post-trial release, prosecution, adjudication,
correctional supervision, or rehabilitation of accused persons or
criminal offenders. The term ``criminal justice purpose'' in 20 CFR
20.33(a)(1) includes activities defined as the ``administration of
criminal justice.'' The administration of criminal justice also
includes
(i) Criminal identification activities and the collection, storage,
and dissemination of criminal history record information;
(ii) The screening of employees or applicants for employment hired
by criminal justice agencies; and
(iii) The issuance of identification documents to current and
retired law enforcement officers pursuant to Public Law 108-277.
* * * * *
3. Section Sec. 20.33 is amended by revising paragraphs (a)
introductory text and (a)(1) to read as follows:
Sec. 20.33 Dissemination of criminal history record information.
(a) Criminal history record information contained in the III System
and the FIRS may be made available:
(1) To criminal justice agencies for criminal justice purposes;
* * * * *
Dated: January 2, 2007.
Alberto R. Gonzales,
Attorney General.
[FR Doc. E7-150 Filed 1-22-07; 8:45 am]
BILLING CODE 4410-02-P
