[Federal Register Volume 86, Number 217 (Monday, November 15, 2021)]
[Notices]
[Pages 63076-63077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24725]


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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 Oklahoma proposal.

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SUMMARY: As a result of the Coronavirus (COVID-19) pandemic, the 
National Crime Prevention and Privacy Compact Council (Compact Council) 
approves a proposal submitted by the Oklahoma State Bureau of 
Investigation, under the previously approved Florida proposal as 
amended by the subsequent Florida proposal, requesting access to the 
Interstate Identification Index (III) System, maintained by the Federal 
Bureau of Investigation (FBI), on a delayed fingerprint submission 
basis for emergency child placement purposes.

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 Oklahoma 
proposal makes such a request when conducting criminal history record 
checks in connection with temporary placement of children in exigent 
circumstances. 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 Oklahoma proposal temporarily expands the 15-calendar day 
requirement as noted in the amended Florida proposal during the 
coronavirus pandemic. The Oklahoma 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 a person presents a risk to children during exigent 
circumstances when time is of the essence. Pursuant to the Oklahoma 
proposal, such name-based checks will be followed by the submission of 
the person'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.
    Authority: 34 U.S.C. 40316.

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

Proposal From Oklahoma 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 Oklahoma State Bureau of Investigation requests 
temporary approval under the previously approved Florida Proposal 
published in the Federal Register (FR) Notice dated May 21, 2001 (66 FR 
28004), as amended by the subsequent Florida Proposal dated August 8, 
2003 (68 FR 47369), which was submitted pursuant to the National Crime 
Prevention and Privacy Compact (Compact) Council's (Council) 
Fingerprint Submission Requirements Rule (Rule) (Title 28, Code of 
Federal Regulations [CFR], Part 901). The previously approved proposal 
provided for the delayed submission of fingerprints to the FBI within 
15-calendar days of conducting preliminary Interstate Identification 
Index (III) name-based checks when conducting criminal history record 
checks in

[[Page 63077]]

connection with the temporary placement of children during exigent 
circumstances. This request is for the sole purpose of temporarily 
expanding the ``15-calendar days'' to as soon as possible, but not 
later than 180-calendar days during the Coronavirus pandemic, or 90-
calendar days from the expiration of the state's emergency declaration, 
whichever occurs sooner. 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, it is imperative that a preliminary 
III name-based check be conducted.
    The preliminary III name-based check and submission of follow-up 
fingerprints shall be conducted in accordance with state laws and 
procedures. The state will continue to be responsible for submitting 
the follow-up fingerprints in the time frame specified by the Council.
    The individual(s) 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.
    All other provisions of the approved original Florida Proposal and 
the approved amended Florida Proposal will remain intact, including the 
Council's policy guidance for use of the Rule.
    Those state agencies previously authorized access to the III 
pursuant to 28 CFR 901.3, wishing to take advantage of the extended 
time frame, must submit new written requests to the FBI Compact 
Officer. Approvals to utilize this amended 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. 2021-24725 Filed 11-12-21; 8:45 am]
BILLING CODE 4410-02-P