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COMPACT COUNCIL

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COMPACT COUNCIL State Compact Council Members Diane Schenker AK Major Mark Huguley - SC John O Brien NJ David Sim KS Wilbur Rehmann MT, Chairman ... – PowerPoint PPT presentation

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Title: COMPACT COUNCIL


1
(No Transcript)
2
COMPACT COUNCIL
  • State Compact Council Members
  • Diane Schenker AK
  • Major Mark Huguley - SC
  • John OBrien NJ
  • David Sim KS
  • Wilbur RehmannMT, Chairman
  • Lt. Col. Jeffery Harmon--ME, Vice Chair
  • Paul HeppnerGA
  • Donna UzzellFL
  • Rusty FeatherstoneOK
  • Federal Compact Council Members
  • Mike KirkpatrickFBI
  • Kathy DillamanOPM
  • Winona VarnonOPM Investigations

3
NATIONAL CRIME PREVENTION AND PRIVACY COMPACT
  • Additional State Compact Officers
  • Daryl Riersgard - NV
  • Charlie Pruitt - AR
  • Susan Kitchen - CO
  • Julie LaTourneau MN
  • Michael Timmerman - AZ
  • Pam Ritchey IA
  • Lt. Michael Woodson - CT

4
NATIONAL CRIME PREVENTION AND PRIVACY COMPACT
  • Nineteen states have now passed the Compact
  • Alaska
  • Arizona
  • Arkansas
  • Colorado
  • Connecticut
  • Florida
  • Georgia
  • Iowa
  • Kansas
  • Maine
  • Minnesota
  • Montana
  • Nevada
  • New Jersey
  • Oklahoma
  • South Carolina
  • NORTH CAROLINA (2003)
  • TENNESSEE (2003)

ME
MN
MT
IA
CT
CO
NJ
KS
NV
OK
SC
AR
GA
AZ
FL
AK
5

National Crime Prevention and Privacy Compact
The III Compact defines non-criminal justice
purposes as (18) Noncriminal justice
purposes.-- The term "noncriminal justice
purposes" means uses of criminal history records
for purposes authorized by Federal or State law
other than purposes relating to criminal justice
activities, including employment suitability,
licensing determinations, immigration and
naturalization matters, and national security
clearances. Article 1 - Definitions
6
NATIONAL CRIME PREVENTION AND PRIVACY COMPACT
  • Article II of the Compact states
  • provide a legal framework for the establishment
    of a cooperative Federal-State system for the
    interstate and Federal-State exchange of criminal
    history records for noncriminal justice uses
  •  
  • (2) require the FBI to permit use of the
    National Identification Index and the National
    Fingerprint File by each Party State, and to
    provide, in a timely fashion, Federal and State
    criminal history records to requesting States, in
    accordance with the terms of this Compact and
    with rules, procedures, and standards established
    by the Council under Article VI
  •  

7
Compact Continued
  • (3) require Party States to provide information
    and records for the National Identification Index
    and the National Fingerprint File and to provide
    criminal history records, in a timely fashion, to
    criminal history record repositories of other
    States and the Federal Government for noncriminal
    justice purposes, in accordance with the terms of
    this Compact and with rules, procedures, and
    standards established by the Council under
    Article VI
  • (4) provide for the establishment of a
    Council to monitor III System operations and to
    prescribe system rules and procedures for the
    effective and proper operation of the III System
    for noncriminal justice purposes and

8
Compact Continued
  • (5) require the FBI and each Party State to
    adhere to III System standards concerning record
    dissemination and use, response times, system
    security, data quality, and other duly
    established standards, including those that
    enhance the accuracy and privacy of such records.

9
NATIONAL CRIME PREVENTION AND PRIVACY COMPACT
  • Exigent Circumstances Rule adopted by the
    Compact Council and published in the Federal
    Register on May 21, 2001
  •  

10
NATIONAL CRIME PREVENTION AND PRIVACY COMPACT
  • 28 CFR 901 May 21, 2001 states
  • (a) Article V of the Compact requires the
    submission of fingerprints or other approved
    forms of positive identification with requests
    for criminal history record checks for
    noncriminal justice purposes. The Compact Council
    finds that the requirement for the submission of
    fingerprints may be satisfied in two ways (1)
    The fingerprints should be submitted
    contemporaneously with the request for criminal
    history information, or (2) For purposes
    approved by the Compact Council, a delayed
    submission of fingerprints may be permissible
    under exigent circumstances.

11
NATIONAL CRIME PREVENTION AND PRIVACY COMPACT
  •  (b) The Compact Council further finds that a
    preliminary III name based check may be made
    pending the receipt of the delayed submission of
    the fingerprints. The state repository may
    authorize terminal access to authorized agencies
    designated by the state, to enable them to
    conduct such checks. Such access must be made
    pursuant to the security policy set forth by the
    state's Control Terminal Agency.
  •  

12
NATIONAL CRIME PREVENTION AND PRIVACY COMPACT
  • USA Patriot Act,
  • Homeland Security
  • National Security
  • Transportation Security Agency
  • and the Compact Council

13
NATIONAL CRIME PREVENTION AND PRIVACY COMPACT
  • Under the USA Patriot Act, which Congress passed
    in October 2001, the US Dept. of Transportation
    was charged with conducting background checks of
    every HazMat endorsed Commercial Drivers Licensee
    in the nation.
  • President Bush asked Congress to create a Dept.
    of Homeland Security which combined functions
    from existing federal agencies under one roof.
    The Transportation Security Agency was created in
    Homeland Security to oversee all security matters
    related to transportation on the land, sea or in
    the air. One of the functions of the new TSA
    was to conduct the background checks of HazMat
    drivers in the United States.
  •  

14
NATIONAL CRIME PREVENTION AND PRIVACY COMPACT
  • The TSA approached the Compact Council about
    utilizing the exigent circumstances rule for
    the delayed submission of fingerprints for HazMat
    drivers in January.  
  • The Council met in March 2003 and adopted a
    general proposal from the TSA. TSA subsequently
    made some changes in their HazMat proposal and
    the Council met in teleconference and agreed to
    the changes.

15
NATIONAL CRIME PREVENTION AND PRIVACY COMPACT
  • The Council insisted that the following three
    principles be contained in the TSA proposal
  • 1. After name-check background checks are
    conducted, fingerprints must be submitted to the
    FBI
  • 2. State central repositories and local law
    enforcement, along with the FBI, must be
    included in discussions for the development of
    the plan to take fingerprints and,
  • 3. States and local law enforcement must be able
    to charge a fee for taking prints and conducting
    background checks.
  •  

16
NATIONAL CRIME PREVENTION AND PRIVACY COMPACT
  • 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.
  •  

17
NATIONAL CRIME PREVENTION AND PRIVACY COMPACT
  •  The Council required TSA to report back to the
    Council during the planning and execution of the
    background checks in
  • order to review and
  • critique their progress.
  • At the June meeting of the
  • Compact Council we passed a resolution calling
    on Secretary of DHS, Tom Ridge to recognize that
    TSA has not fulfilled its obligations under the
    agreement and we asked Sec. Ridge to intervene
    and compel TSA to meet its Compact obligations.

18
NATIONAL CRIME PREVENTION AND PRIVACY COMPACT
  • Noncriminal Justice topics to be considered by
    the Compact Council or Compact Questions?
    Contact

Wilbur Rehmann, Chair wrehmann_at_state.mt.usMontana
DOJ (406) 444-6194
Todd Commodore, FBI-CJIStcommodo_at_leo.gov (304)
625-2803
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