[Federal Register Volume 70, Number 32 (Thursday, February 17, 2005)]
[Proposed Rules]
[Pages 8048-8050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3041]


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NATIONAL CRIME PREVENTION AND PRIVACY COMPACT COUNCIL

28 CFR Part 904

[NCPPC 108]


Criminal History Record Screening for Authorized Noncriminal 
Justice Purposes

AGENCY: National Crime Prevention and Privacy Compact Council.

ACTION: Proposed rule, with request for comments.

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SUMMARY: The Compact Council, established pursuant to the National 
Crime Prevention and Privacy Compact (Compact), is publishing a rule 
proposing to establish criminal history record screening standards for 
criminal history record information received from the Interstate 
Identification Index (III) for authorized noncriminal justice purposes.

[[Page 8049]]


DATES: Submit comments on or before March 21, 2005.

ADDRESSES: Send all written comments concerning this proposed rule to 
the Compact Council Office, 1000 Custer Hollow Road, Module C3, 
Clarksburg, WV 26306; Attention: Todd C. Commodore. Comments may also 
be submitted by fax at (304)625-5388. To ensure proper handling, please 
reference ``Record Screening Procedures Docket No. 108'' on your 
correspondence. You may view an electronic version of this proposed 
rule at http://www.regulations.gov. You may also comment via electronic 
mail at [email protected] or by using the http://www.regulations.gov 
comment form for this regulation. When submitting comments 
electronically you must include NCPPC Docket No. 108 in the subject 
box.

FOR FURTHER INFORMATION CONTACT: Ms. Donna M. Uzzell, Compact Council 
Chairman, Florida Department of Law Enforcement, PO Box 1489, 
Tallahassee, FL 32302, telephone number (850) 410-7100.

SUPPLEMENTARY INFORMATION: The National Crime Prevention and Privacy 
Compact, 42 U.S.C. 14611-16, establishes uniform standards and 
processes for the interstate and Federal-state exchange of criminal 
history records for noncriminal justice purposes. The Compact was 
approved by the Congress on October 9, 1998, (Pub. L. 105-251) and 
became effective on April 28, 1999, when ratified by the second state.
    Article VI of the Compact establishes a Compact Council ``which 
shall have the authority to promulgate rules and procedures governing 
the use of the III system for noncriminal justice purposes, not to 
conflict with FBI administration of the III system for criminal justice 
purposes''. The Council is proposing this rule under the authority of 
Compact Article VI.
    The Compact requires that each Party State appoint a Compact 
officer to regulate the in-state use of records received by means of 
the III system from the FBI or from other Party States. Since January 
2003, Nonparty States may sign a memorandum of understanding (MOU) with 
the Compact Council voluntarily binding the Signatory Nonparty States 
to the Council's rules, procedures, and standards for the noncriminal 
justice use of the III System. The MOUs between Nonparty States and the 
Compact Council are one mechanism to ensure system policy compliance 
until the states become Compact signatories. In order to implement 
Article IV(c), which provides inter alia that records obtained under 
the Compact by the requesting jurisdiction may only be used for the 
purpose requested and that the receiving jurisdiction must delete 
entries that may not legally be used for a particular noncriminal 
justice purpose, the Compact Council is proposing this rule to ensure 
that only legally authorized records are used for particular 
noncriminal justice purposes. This proposed rule will also facilitate 
national uniformity in criminal history record screening and editing 
practices applicable to information received via the III System for 
noncriminal justice purposes.

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.

    Accordingly, title 28 of the Code of Federal Regulations, chapter 
IX is proposed to be 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

[[Page 8050]]

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: January 29, 2005.
Donna M. Uzzell,
Compact Council Chairman.
[FR Doc. 05-3041 Filed 2-16-05; 8:45 am]
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