[Federal Register Volume 70, Number 119 (Wednesday, June 22, 2005)]
[Proposed Rules]
[Pages 36087-36088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12330]



[[Page 36087]]

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NATIONAL CRIME PREVENTION AND PRIVACY COMPACT COUNCIL

28 CFR Part 905

[NCPPC 111]


Qualification Requirements for Participation in the National 
Fingerprint File Program

AGENCY: National Crime Prevention and Privacy Compact Council.

ACTION: Proposed rule.

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SUMMARY: The Compact Council (Council), established pursuant to the 
National Crime Prevention and Privacy Compact (Compact) Act of 1998, is 
publishing a proposed rule requiring a Compact Party to meet minimum 
qualification standards while participating in the National Fingerprint 
File (NFF) Program.

DATES: Submit comments on or before July 22, 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 ``NFF Program Qualification Requirements Docket No. 
111'' 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. 111 in the 
subject box.

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

SUPPLEMENTARY INFORMATION: This proposed rule requires all Compact 
Parties to comply with minimum qualification standards while 
participating in the NFF Program. The standards entitled ``National 
Fingerprint File Qualification Requirements'' are published in the 
Notices section of today's Federal Register; hereafter, interested 
parties should acquire a copy of the most current NFF Qualification 
Requirements by contacting the Compact Council Office at the address 
shown above.

Background

    Compact Article VI establishes a Council which has the authority to 
promulgate rules and procedures governing the use of the Interstate 
Identification Index (III) System for noncriminal justice purposes, not 
to conflict with the FBI administration of the III System for criminal 
justice purposes. An integral part of the III System is the National 
Fingerprint File (NFF), which the Compact defines as ``a database of 
fingerprints, or other uniquely personal identifying information, 
relating to an arrested or charged individual maintained by the FBI to 
provide positive identification of record subjects indexed in the III 
System.'' The Council believes the promulgation of this rule and its 
accompanying notice will clarify for current and future NFF Program 
participants the requirements by which a participant's NFF performance 
will be measured. The notice related to this proposed rule contains two 
sets of Qualification Requirements--one applicable to State NFF 
participants and an analogous set for the FBI's NFF participation. The 
following paragraphs provide justification for both State and FBI 
participation in the NFF.

Party State NFF Participation

    Compact Article III outlines the responsibilities of the Compact 
Parties. Article III(b)(3) provides that each Compact Party State shall 
participate in the NFF. See 42 U.S.C. 14616, Article III. The Compact 
does not set out a time line for NFF participation; to date, six 
Compact Party States participate in the NFF, while an additional ten 
are in various stages of preparation to join the NFF Program. The FBI 
Criminal Justice Information Services (CJIS) Division's staff provides 
training and guidance to criminal history record repository staff as 
the State prepares for NFF participation.
    The CJIS Audit staff will measure a State's performance in the NFF 
Program using audit criteria that align with the State NFF 
Qualification Requirements. The Council published a proposed rule on 
February 17, 2005, establishing sanctions for noncompliance with its 
rules, procedures, and standards for the noncriminal justice use of the 
III System. The sanctions process outlined therein will be used by the 
Council to address noncompliance findings related to the noncriminal 
justice use of III, while noncompliance findings related to the 
criminal justice use of III will continue to be addressed by the CJIS 
Advisory Policy Board (APB).

FBI NFF Participation

    The FBI CJIS Division has maintained the NFF since its inception in 
1991 as a pilot project. The CJIS Division remains an integral part of 
the NFF Program which, when fully implemented, will result in a 
national decentralized criminal history record system. Article II of 
the Compact requires the FBI to, among other things, permit use of the 
National Identification Index and the NFF by each Party State. Article 
II also establishes an obligation for all Compact Parties to adhere to 
the Compact and the Compact Council's related rules, procedures, and 
standards.
    Compact Article III requires the FBI Director-appointed Compact 
Officer to ensure the Department of Justice and other agencies and 
organizations that submit criminal history search requests to the FBI 
comply with the provisions of the Compact and with the Council's rules, 
procedures, and standards governing the use the III System for 
noncriminal justice purposes. Audit reports of the FBI's criminal 
history record repository will be provided to the Council, which will 
use the results to ensure CJIS Division compliance with the FBI NFF 
Qualification Requirements. (The FBI and its CJIS APB maintain purview 
over the criminal justice use of the III system. The APB has endorsed 
the referenced NFF Qualification Requirements and will be consulted in 
any future revisions.)

Administrative Procedures and Executive Orders

Administrative Procedure Act

    The Compact Council, composed of 15 members including 11 state and 
local governmental representatives, is authorized to promulgate rules, 
procedures, and standards for the effective and proper use of the III 
System for noncriminal justice purposes. The Compact Council is 
publishing this rule in compliance with the mandate that rules, 
procedures, or standards established by the Council 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

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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 (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 905

    Crime, Privacy, Information, Safety.

    Accordingly, title 28 of the Code of Federal Regulations is 
proposed to be amended by adding Part 905 to read as follows:

PART 905--NATIONAL FINGERPRINT FILE (NFF) PROGRAM QUALIFICATION 
REQUIREMENTS

Sec.
905.1 Definition.
905.2 Purpose and authority.
905.3 Participation in the NFF Program.

    Authority: 42 U.S.C. 14616.


Sec.  905.1  Definition.

    ``National Fingerprint File'' means a database of fingerprints, or 
other uniquely personal identifying information, relating to an 
arrested or charged individual maintained by the FBI to provide 
positive identification of record subjects indexed in the III System.


Sec.  905.2  Purpose and authority.

    The purpose of this part 905 is to require each National 
Fingerprint File (NFF) participant to meet the standards set forth in 
the NFF Qualification Requirements as established by the Compact 
Council (Council). The Council is established pursuant to the National 
Crime Prevention and Privacy Compact Act (Compact), title 42, U.S.C., 
14616.


Sec.  905.3  Participation in the NFF Program.

    Each NFF Program participant shall meet the standards set forth in 
the NFF Qualification Requirements as established by the Council and 
endorsed by the FBI's Criminal Justice Information Services Advisory 
Policy Board; however, such standards shall not interfere or conflict 
with the FBI's administration of the III, including the NFF, for 
criminal justice purposes. Each participant's performance will be 
audited and measured by criteria designed to assess compliance with 
those requirements. Measurements by which to determine compliance to 
the NFF Qualification Requirements are outlined in the FBI and State 
Sampling Standards. (For a copy of the standards, contact the FBI 
Compact Officer, 1000 Custer Hollow Road, Module C-3, Clarksburg, WV 
26306-0001.)

    Dated: May 12, 2005.
Donna M. Uzzell,
Compact Council Chairman.
[FR Doc. 05-12330 Filed 6-21-05; 8:45 am]
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