Title: COMPACT COUNCIL
1(No Transcript)
2COMPACT 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
-
3NATIONAL 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
4NATIONAL 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
6NATIONAL 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 - Â
- (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 - Â
7Compact 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.
9NATIONAL CRIME PREVENTION AND PRIVACY COMPACT
- Exigent Circumstances Rule adopted by the
Compact Council and published in the Federal
Register on May 21, 2001 - Â
-
10NATIONAL 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. -
11NATIONAL CRIME PREVENTION AND PRIVACY COMPACT
- Â (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. - Â
12NATIONAL CRIME PREVENTION AND PRIVACY COMPACT
- USA Patriot Act,
- Homeland Security
- National Security
- Transportation Security Agency
- and the Compact Council
13NATIONAL 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. - Â
14NATIONAL 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. Â - 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.
15NATIONAL 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. - Â
16NATIONAL 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. - Â
17NATIONAL CRIME PREVENTION AND PRIVACY COMPACT
- Â 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.
18NATIONAL 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