Notice2021-24725
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
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.
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 63076-63077]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
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