[Federal Register Volume 68, Number 182 (Friday, September 19, 2003)]
[Notices]
[Pages 54922-54923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23916]


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NATIONAL CRIME PREVENTION AND PRIVACY COMPACT COUNCIL


Fingerprint Submission Requirement Rule

AGENCY: National Crime Prevention and Privacy Compact Council.

ACTION: Notice of the Compact Council's approval of a Transportation 
Security Administration proposal to utilize the Fingerprint Submission 
Requirements Rule, Title 28 Code of Federal Regulations (CFR), part 
901.

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    Authority: 42 U.S.C. 14616.

SUMMARY: Pursuant to 28 CFR part 901, the Compact Council (Council), 
established by the National Crime Prevention and Privacy Compact Act of 
1998 (Compact), has approved a proposal from the Transportation 
Security Administration (TSA) to access the Interstate Identification 
Index (III) System on a delayed fingerprint submission basis for 
conducting criminal history record checks on individuals requesting 
issuance or renewal of a hazardous materials (hazmat) endorsement on a 
commercial driver's license (CDL). (See attached Proposal.) The TSA 
requested approval of its proposal to conduct preliminary III name-
based checks as a responsive and timely avenue to support security 
threat assessments on all individuals seeking a hazmat endorsement as 
mandated by section 1012 of the Uniting and Strengthening America by 
Providing Appropriate Tools Required to Intercept and Obstruct 
Terrorism Act of 2001 (USA PATRIOT Act). The approval of TSA's proposal 
is a temporary measure to be used while its infrastructure for 
fingerprint-based criminal history record checks is being developed.
    This notice and TSA's proposal act as companion documents to 
facilitate TSA's interim final rule published in the Federal Register 
on May 5, 2003 (49 CFR parts 1570 and 1572, 68 FR 23852). The TSA 
interim final rule was published in coordination with the Federal Motor 
Carrier Safety Administration's (FMCSA) interim final rule published in 
the Federal Register on the same date (49 CFR parts 383 and 384, 68 FR 
23844). The FMCSA interim final rule amends the Federal Motor Carrier 
Safety Regulations governing commercial drivers licenses to prohibit 
states from issuing, renewing, transferring, or upgrading a commercial 
driver's license with a hazmat endorsement unless the Department of 
Justice has first conducted a background records check of the applicant 
and the TSA has determined that the applicant does not pose a security 
threat warranting denial of the hazmat endorsement.

FOR FURTHER INFORMATION CONTACT: Todd C. Commodore, FBI CJIS Division, 
1000 Custer Hollow Road, Module C3, Clarksburg, WV 26306; Telephone 
(304) 625-2803; e-mail [email protected]; Fax number (304) 625-5388.

SUPPLEMENTARY INFORMATION: See attached proposal.

    Dated: July 15, 2003.
Wilbur W. Rehmann,
Chairman, Compact Council. [FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][NOTICES][NOTICE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/SUBJECT][/
PREAMB][SUPLINF][HED]*[/HED]

Formal Request Memorandum to the Compact Council

    The Transportation Security Administration (TSA) seeks approval 
under Parts 901.2 and 901.3 of title 28, Code of Federal 
Regulations, for access to the National Crime Information Center 
(NCIC) (including the Interstate Identification Index (III)), on a 
delayed fingerprint submission basis, so that name-based criminal 
history records checks can be conducted expeditiously on certain 
commercial truck drivers. The USA PATRIOT Act, Pub. L. 107-56, 
Section 1012, et seq.; 49 U.S.C. 5103a)\1\ requires a background 
check for any individual authorized or seeking to carry hazardous 
materials (hazmat). TSA will carry out this statutory provision as 
set forth below.
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    \1\ In pertinent part, the Act reads:
    A. 5103a(a) Limitation.
    (1) Issuance of licenses. A State may not issue to any 
individual a license to operate a motor vehicle transporting in 
commerce a hazardous material unless the Secretary of Transportation 
has first determined, upon receipt of a notification under 
subsection (c)(1)(B), that the individual does not pose a security 
risk warranting denial of the license* * *.
    (c) Background records check.
    (1) In general. Upon the request of a State regarding issuance 
of a license described in subsection (a)(1) to an individual, the 
Attorney General--
    (A) shall carry out a background records check regarding the 
individual; and
    (B) upon completing the background records check, shall notify 
the Secretary of Transportation of the completion and results of the 
background records check.
    (2) Scope. A background records check regarding an individual 
under this subsection shall consist of the following:
    (A) A check of the relevant criminal history databases.
    (B) In the case of an alien, a check of the relevant data bases 
to determine the status of the alien under the immigration laws of 
the United States.
    (C) As appropriate, a check of the relevant international 
databases through Interpol-U.S. National Central Bureau or other 
appropriate means.
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    A. Name-based background checks will be initiated on [effective 
date of the rule]. If the background check discloses a conviction or 
incarceration for a disqualifying offense within the time periods 
specified in the Interim Final Rule, TSA will notify the individual 
that he or she is disqualified from

[[Page 54923]]

transporting hazmat. If the individual asserts that the results of 
the name-based background check are not accurate, the individual 
will submit fingerprints and/or relevant court documents so that the 
record may be corrected or the disqualifying offense may be 
verified.
    B. Drivers whose name-based background checks do not indicate a 
disqualifying offense or incarceration within the time periods 
specified in the Interim Final Rule will be required to submit 
fingerprints in the period between 180 days and 5 (five) years from 
the effective date of the Interim Final Rule, or when applying for a 
new or renewed hazmat endorsement of their Commercial Driver's 
License (CDL), whichever occurs first.
    C. If a name-based background check discloses that a driver is 
the subject of an outstanding felony want or warrant, TSA will 
ensure that the appropriate law enforcement agency is notified.
    Such criminal history records checks are to include the review 
of available law enforcement databases and records as determined 
necessary by the Administrator of the Transportation Security 
Administration. In addition, TSA will be accessing other data 
sources as part of its effort to conduct background checks on 
commercial truck drivers who are authorized to carry hazardous 
materials.
    TSA makes this request for the following reasons:
    [sbull] In accordance with the USA PATRIOT Act, TSA must process 
criminal history records checks on more than three million 
commercial truck drivers who transport hazardous materials.
    [sbull] Congress has determined that conducting background 
checks on commercial truck drivers transporting hazardous materials 
is a national priority. Given this urgency and the enormous volume 
of drivers to be checked, it is vital that TSA be given some 
latitude in conducting the background checks by first utilizing 
name-based checks while the infrastructure for fingerprint-based 
checks is put in place.
    [sbull] TSA believes there are considerable gains in security to 
be made by using name-based background checks followed by 
fingerprint-based checks.
    TSA proposes to carry out name-based background checks within 
the following parameters:
    A. At the first Compact Council meeting following the conduct of 
name-based background checks for at least 180 days (``180-day test 
period''), TSA shall report back to the Compact Council. During a 
period of 180 days, TSA will work with the following entities to 
develop a comprehensive infrastructure for capturing and processing 
fingerprints of hazmat CDL holders:
    a. The Compact Council;
    b. State central repositories;
    c. State Departments of Motor Vehicles (DMVs);
    d. The CJIS Division of the FBI, including its Advisory Policy 
Council;
    e. SEARCH;
    f. The International Association of Chiefs of Police (IACP); and
    g. The American Association of Motor Vehicle Administrators.
    B. The public will be notified in advance that drivers will be 
subject to a name-based background check. The mechanisms for 
notification will include the Federal Register and communications 
with the States, the trucking industry, and the driver corps.
    C. In no more than 180 days, TSA will have the infrastructure in 
place to begin fingerprinting all current HAZMAT drivers.
    D. All fees for fingerprint collection and processing will be 
borne by the individual subject to the background check, or by his 
or her employer.
    TSA proposes use of NCIC (including III) to determine whether 
applicants present a potential terrorist threat or may otherwise be 
a threat to transportation security. Given the terrorist threat 
level in transportation, existing statutory mandates, and the lack 
of adequate infrastructure to conduct fingerprint-based checks, TSA 
proposes to draw on the ability of NCIC (including III) to provide 
criminal history data on hazmat drivers.

Approved: March 13, 2003.

Francine J. Kerner,
Transportation Security Administration.

    Agreed to: March 13, 2003.

Wilbur W. Rehmann
Compact Council.
[FR Doc. 03-23916 Filed 9-18-03; 8:45 am]
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