Notice2021-24723
Fingerprint Submission Requirements
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 15, 2021
Issuing agencies
National Crime Prevention and Privacy Compact Council
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 217 (Monday, November 15, 2021)</title>
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[Federal Register Volume 86, Number 217 (Monday, November 15, 2021)]
[Notices]
[Pages 63077-63078]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
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