COMPACT COUNCIL

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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

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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

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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
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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
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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
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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

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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.
  

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NATIONAL CRIME PREVENTION AND PRIVACY COMPACT

• Exigent Circumstances Rule adopted by the
  Compact Council and published in the Federal
  Register on May 21, 2001
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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.

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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.
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NATIONAL CRIME PREVENTION AND PRIVACY COMPACT

• USA Patriot Act,
• Homeland Security
• National Security
• Transportation Security Agency
• and the Compact Council

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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.
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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.

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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.
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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.
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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.

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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 [phone]
Todd Commodore, FBI-CJIStcommodo_at_leo.gov (304)
625-2803