[Federal Register Volume 86, Number 217 (Monday, November 15, 2021)]
[Notices]
[Pages 63077-63078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24723]


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NATIONAL CRIME PREVENTION AND PRIVACY COMPACT COUNCIL


Fingerprint Submission Requirements

AGENCY: National Crime Prevention and Privacy Compact Council.

ACTION: Notice of approval of the Colorado proposal.

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SUMMARY: The National Crime Prevention and Privacy Compact Council 
(Compact Council) approves a proposal submitted by the Colorado Bureau 
of Investigation requesting access to the Interstate Identification 
Index (III) System, maintained by the Federal Bureau of Investigation 
(FBI), on a delayed fingerprint submission basis for the sole purpose 
of conducting criminal history record checks of individuals, to include 
volunteers, for limited critical positions, as defined by the state, in 
response to the coronavirus (COVID-19) pandemic.

FOR FURTHER INFORMATION CONTACT: Inquiries may be addressed to Mrs. 
Chasity S. Anderson, FBI Compact Officer, Biometric Technology Center, 
1000 Custer Hollow Road, Clarksburg, West Virginia 26306, telephone 
304-625-2803.

SUPPLEMENTARY INFORMATION: Title 28, Code of Federal Regulations (CFR), 
part 901, specifically Sec.  901.3, gives authority to the Compact 
Council, established by the National Crime Prevention and Privacy 
Compact Act of 1998 (Compact), to approve proposals for delayed 
submission of fingerprints supporting requests for III records by 
agencies authorized to access and receive criminal history records 
under Public Law 92-544. The proposals must fully describe the 
emergency nature of the situation in which delayed submission authority 
is being sought, the risk to health and safety of the individuals 
involved, and the reasons why the submission of fingerprints 
contemporaneously with the search request is not feasible. The Colorado 
proposal makes such a request when conducting criminal history record 
checks of individuals, to include volunteers, for limited critical 
positions that have access to our nation's most vulnerable populations 
such as children, the elderly, and the disabled. Due to the national 
COVID-19 emergency and limiting close contact with another person, as 
well as the unavailability or limited availability of noncriminal 
justice fingerprinting services, the Colorado proposal temporarily 
allows for the delayed submission of fingerprints during the COVID-19 
pandemic.
    The Colorado proposal was submitted by email dated March 27, 2020, 
and approved by the Compact Council on November 4, 2020, pursuant to 28 
CFR 901.2 and 901.3. Access to the III System to conduct name-based 
criminal history record checks, followed by fingerprint submissions, 
provides a responsive and timely avenue to determine whether an 
applicant presents a risk to vulnerable populations. Pursuant to the 
Colorado proposal, such name-based checks must be followed by the 
submission of the applicant's fingerprints to the FBI as soon as 
possible, but not later than 180-calendar days from the date of the 
preliminary III name-based check, or 90-calendar days from the 
expiration of the state's emergency declaration, whichever occurs 
sooner. Should an individual refuse or fail to submit the follow-up 
fingerprints in the time frame specified by the Council, the individual 
will no longer be permitted to hold the position for which the 
preliminary name-based criminal history record check was conducted.
    Authority: 34 U.S.C. 40316.

    Dated: October 27, 2021.
Leslie Moore,
Compact Council Chairman.

Proposal From Colorado to the National Crime Prevention and Privacy 
Compact Council Under the Fingerprint Submission Requirements Rule

    As a result of the Coronavirus pandemic, and the declaration of a 
state of emergency, the Colorado Bureau of Investigation requests 
temporary approval under the National Crime Prevention and Privacy 
Compact Council's (Council) Fingerprint Submission Requirements Rule 
(Rule) (Title 28, Code of Federal Regulations [CFR], Part 901), to 
access the Interstate Identification Index (III) on a delayed 
fingerprint submission basis. This proposal is for the sole purpose of 
conducting criminal history record checks of individuals, to include 
volunteers, for limited critical positions, as defined by the state, in 
response to the Coronavirus pandemic (i.e., healthcare workers, child 
care workers, etc.) as specifically identified in a state statute 
previously approved pursuant to Public Law (Pub. L.) 92-544. In the 
absence of an approved Pub. L. 92-544 state statute, a state may 
utilize the National Child Protection Act/Volunteers for Children Act 
for those positions that the covered individual has responsibility for 
the safety and well-being of children, the elderly, or individuals with 
disabilities.

[[Page 63078]]

    In addition, the state recognizes the risk associated with a name-
based check; however, due to the national pandemic and the initiative 
to limit close contact with another person, as well as the 
unavailability or limited availability of noncriminal justice 
fingerprinting services, to protect the health and safety of children 
or other vulnerable populations it is imperative that a preliminary III 
name-based check be conducted.
    The use of the preliminary III name-based check shall be conducted 
by the State Identification Bureau or CJIS Systems Agency and will not 
replace the requirement for a noncriminal justice fingerprint-based 
background check to be conducted. The state will continue to be 
responsible for submitting the follow-up fingerprints in the time frame 
specified by the Council. In addition, the state will verify the use of 
the III name-based check and the time frame established for the delayed 
submission of fingerprints, in this situation, does not conflict with 
existing state laws.
    Pursuant to the Privacy Act of 1974 (Title 5, United States Code, 
Section 552a), the individual must be provided with an adequate written 
FBI Privacy Act statement when he/she provides the required personal 
information to perform the III name-based check. In addition, the 
individual must be informed in writing of his/her rights pursuant to 28 
CFR 50.12, including the right to access and amend his/her criminal 
history records.
    An individual will be required to be fingerprinted as soon as 
possible, but not later than 180-calendar days from the date of the 
preliminary III name-based check, or 90-calendar days from the 
expiration of the state's emergency declaration, whichever occurs 
sooner. Once obtained, the fingerprints must be immediately submitted 
to the state repository which will either positively identify the 
fingerprinted subject or will forward the fingerprints to the FBI. In 
addition, the agency must advise the individual that fingerprints are 
required to be submitted even if the individual is no longer employed 
or licensed.
    Should an individual refuse or fail to submit the follow-up 
fingerprints in the time frame specified by the Council, the individual 
will no longer be permitted to hold the position for which the 
preliminary III name-based check was conducted. Should this occur, the 
agency must abide by the Council's policy guidance for use of the Rule, 
as appropriate.
    Approvals to utilize this proposal will expire 30-calendar days 
from the date the state cancels its emergency declaration.
    If the Council does not approve this temporary proposal during its 
next public-held meeting, this temporary proposal will expire 
immediately.

[FR Doc. 2021-24723 Filed 11-12-21; 8:45 am]
BILLING CODE 4410-02-P