[Federal Register Volume 75, Number 51 (Wednesday, March 17, 2010)]
[Notices]
[Pages 12803-12804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5708]
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NATIONAL CRIME PREVENTION AND PRIVACY COMPACT COUNCIL
Fingerprint Submission Requirements Rule
Authority: 42 U.S.C. 14616.
AGENCY: National Crime Prevention and Privacy Compact Council.
ACTION: Notice.
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SUMMARY: Notice of the Compact Council's establishment of a process for
initiating noncriminal justice criminal history record checks during
times of emergencies and disasters under the authority of the
Fingerprint Submission Requirements Rule, title 28 Code of Federal
Regulations (CFR), part 901.
FOR FURTHER INFORMATION CONTACT: Gary S. Barron, FBI CJIS Division,
1000 Custer Hollow Road, Module D3, Clarksburg, WV 26306; telephone
(304) 625-2803; email [email protected]; fax number (304) 625-2539.
SUPPLEMENTARY INFORMATION: This notice provides the process that a
state or federal agency may utilize to request Compact Council approval
to conduct federal noncriminal justice criminal history record checks
of individuals who, during an existing or impending emergency or
disaster, will have access to children, the elderly, or disabled
persons (vulnerable populations). The Compact Council has approved
similar requests pursuant to the Fingerprint Submission Requirements
Rule (28 CFR, part 901) when health or safety of vulnerable populations
is at issue and time is of the essence. Health or safety issues will be
present during evacuation and relocation efforts.
As a prerequisite to receiving approval to initiate noncriminal
justice criminal history record checks under the exigent circumstances
described above, the President or authorized state executive officer(s)
must have declared a state of emergency or major disaster in the
jurisdiction from which individuals are being displaced, or to which
the individuals are being relocated. States eligible to make such
requests include the state or states in which the disaster has been
declared and the state(s) to which evacuees are relocated. The
appropriate federal or state official may submit the request to the FBI
Compact Officer, FBI Criminal Justice Information Services (CJIS)
Division, 1000 Custer Hollow Road, Clarksburg, WV 26306. The
appropriate federal/state officials authorized to make such requests
are: Federal/state CJIS Systems Officers (CSO), State Compact Officers
(SCO), State Identification Bureau (SIB) Chiefs, or an official who is
superior in the federal/state official's chain of command. The
authorized federal or state official may make initial contact by
telephone, agreeing to restrict dissemination of the results of exigent
name-based criminal history record checks to the receiving governmental
department or related governmental agency and to submit fingerprints
within 15 days of each name-based check, which must be part of a
follow-up e-mail or letter to the FBI Compact Officer.
The FBI Compact Officer will determine whether to approve the
request, consulting with the Compact Council if necessary. Upon
approval of the request, the FBI Compact Office will coordinate FBI
CJIS Division procedures and communicate detailed information to the
requesting official regarding operational procedures to be followed,
which may include: the issuance of a unique Originating Agency
Identifier (ORI) for use in conducting name-based checks of the
Interstate Identification Index (III) system and/or submission of the
follow-up fingerprints; a specific time frame that such exigent
criminal history record checks may be conducted; other requirements and
information needed for the CJIS Division to process the criminal
history record checks; and any additional guidance established by the
Compact Council or the CJIS Division.
Prior to conducting the exigent federal criminal history record
checks, a state statute authorizing fingerprint submissions to the FBI
for individuals
[[Page 12804]]
having unsupervised contact with children (or other vulnerable
population) would ideally have been submitted to the FBI and approved
pursuant to Public Law 92-544. However, in the absence of such approved
state statute, the FBI Compact Officer may determine that the National
Child Protection Act (NCPA)/Volunteers for Children Act (VCA) may be
used as authorization to access FBI-maintained criminal history record
information during emergencies and disasters. Authorized federal or
state officials must ensure, within reason, that a system is maintained
to track the name-based criminal history record checks of the III
system and the required follow-up fingerprint submissions during the
emergency period and to ensure name-based check results are
disseminated solely to government officials to be used for official
purposes.
Dated: February 23, 2010.
Liane M. Moriyama,
Compact Council Chairman.
[FR Doc. 2010-5708 Filed 3-16-10; 8:45 am]
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