[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR50.12]

[Page 44-45]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 50--STATEMENTS OF POLICY--Table of Contents
 
Sec. 50.12  Exchange of FBI identification records.

    (a) The Federal Bureau of Investigation, hereinafter referred to as 
the FBI, is authorized to expend funds for the exchange of 
identification records with officials of federally chartered or insured 
banking institutions to promote or maintain the security of those 
institutions and, if authorized by state statute and approved by the 
Director of the FBI, acting on behalf of the Attorney General, with 
officials of state and local governments for purposes of employment and 
licensing, pursuant to section 201 of Public Law 92-544, 86 Stat. 1115. 
Also, pursuant to 15 U.S.C. 78q, 7 U.S.C. 21 (b)(4)(E), and 42 U.S.C. 
2169, respectively, such records can be exchanged with certain segments 
of the securities industry, with registered futures associations, and 
with nuclear power plants. The records also may be exchanged in other 
instances as authorized by federal law.
    (b) The FBI Director is authorized by 28 CFR 0.85(j) to approve 
procedures relating to the exchange of identification records. Under 
this authority, effective September 6, 1990, the FBI Criminal Justice 
Information Services (CJIS) Division has made all data on identification 
records available for such purposes. Records obtained under this 
authority may be used solely for the purpose requested and cannot be 
disseminated outside the receiving departments, related agencies, or 
other authorized entities. Officials at the governmental institutions 
and other entities authorized to submit fingerprints and receive FBI 
identification records under this authority must notify the individuals 
fingerprinted that the fingerprints will be used to check the criminal 
history records of the FBI. The officials making the determination of 
suitability for licensing or employment shall provide the applicants the 
opportunity to complete, or challenge the accuracy of, the information 
contained in the FBI identification record. These officials also must 
advise the applicants that procedures for obtaining a change, 
correction, or updating of an

[[Page 45]]

FBI identification record are set forth in 28 CFR 16.34. Officials 
making such determinations should not deny the license or employment 
based on information in the record until the applicant has been afforded 
a reasonable time to correct or complete the record, or has declined to 
do so. A statement incorporating these use-and-challenge requirements 
will be placed on all records disseminated under this program. This 
policy is intended to ensure that all relevant criminal record 
information is made available to provide for the public safety and, 
further, to protect the interests of the prospective employee/licensee 
who may be affected by the information or lack of information in an 
identification record.

[Order No. 2258-99, 64 FR 52229, Sept. 28, 1999]