National Crime Prevention and Privacy Compact Council Compact

National Crime Prevention and Privacy Compact Council

Compact States and Territories Status AK WA MT OR ID WY NV UT CA AZ MN SD WI IA NB CO IL KS OK NM TX MK VT NH ME ND HI MO AR PA IN OH KY NC SC MD DC GA LA FL GM AM WV VA NJ DE TN MS AL RI CT NY MI MA PR Compact States (27) MOU Signatory States (10) States Pending Legislation (4) VI

National Fingerprint File (NFF) Participants by EOY 2009* *Estimated by States AK WA MT OR ID WY NV UT CA AZ MN SD WI NB CO KS OK NM HI IA IL TX MK VT NH ME ND MO NY MI PA IN OH KY WV VA NC SC TN AR MS AL MA RI CT NJ DE MD DC GA LA FL GM PR AM VI III States-28 NFF Prep/III States-3 Non-III States-7 NFF States-20 NFF Prep/Non III State-1

Expanding Compact Ratification • Compact Council Nonparty State Seminar May 22, 2007 Louisville, Kentucky • 45 attendees representing 23 states and territories. • Surveyed 27 nonparty states and territories in April 2007 to obtain information and knowledge on the obstacles faced with Compact ratification.

Compact Council Initiatives n n n n Purpose Code X Noncriminal Justice Outsourcing Rule NFF Qualifications Sanctions Rule Record Screening Rule AG Report Comments to Sec. 6403 of Intelligence Reform Bill Identification Verification Guide Compact Council Website

Since We last Met Noncriminal Justice Audit Workshop n NCPA: Workshop on “Florida Model” n SEARCH Workshop on AG Report n Non Party State Workshop n 50 states and territories Compact meeting n Coordination with FBI for early notification on revised FBI userfees n

Compact Council Meetings Forum for discussion by all attending states on the use of the states’ records for noncriminal justice purposes – Enact rules under authority of the Compact – Develop Best Practices Public Safety Privacy

Recent Discussion

Private Security Guards Section 6402 Intel. Reform Bill Issue: Private Security Guard Companies worked with Congress to pass federal legislation to authorize – Large portion of nation’s critical infrastructure protected by private security guards – 9 states: no required background check – Several states: state only – Federal rule in place and still no change

Dept. Of Homeland Security TSA Hazmat/TWIC n Issue: Since passage of USA Patriot Act, states have been back and forth with TSA as to the implementation of background check requirements. – TSA should use results of state record when provided – TSA wants states to use its private vendor – Reciprocity issues – Security of Seaports and use of TWIC card

Noncriminal Justice Agency Audits n Issue: The Compact Council endorsed the APB’s recommendation for mandatory noncriminal justice audits conducted by the FBI. – Expansion of access to noncriminal justice agencies of CHRI – Access integrity/compliance review – Outsourcing Standard/NCPA – Noncriminal justice agency audit requirement n Resources

National Child Protection Act n Issue: DOJ/FBI has authorized the release of the CHRI to a qualified entity for purposes of screening in NCPA checks – Changes by FBI to allow for the distribution of CHRI to the Qualified Entity with a waiver – States can implement NCPA – Obstacles to implementation?

FBI Departmental Order n Issue: FBI allows for the record to be disseminated to a third party with a waiver for purposes of “personal review” – Should the personal review process allow direct access to the record beyond the person who is the subject of the record. – If a waiver can be used with DO process, can it be extended to background checks under PL 92 -544?

Criminal Background Checks for College Admissions Issue: A Ph. D. candidate is currently conducting a study that examines the law, policy and administrative implications of requiring national criminal history background checks for college admissions. • Benefits of criminal history background checks for applicants? Campuses? States? • Limitations/challenges if criminal history background checks were required? • Criteria colleges & universities use to determine the usage of CHRI?

On the Horizon n Policy and Planning Committee – State survey – Regional follow up to states meeting – Recommendations from states – Strategic plan Standards Committee – NGI and NFF – FBI research on DO submissions – Monitoring states NFF participation Other issues: – Outsourcing implementation – Legislation – AG Report

Compact Council Website: http: //www. fbi. gov/hq/cjisd/web%20 page/cc. htm

Upcoming Meetings Compact Council Meeting Scheduled for November 7 -8, 2007

Contact Information Ms. Donna M. Uzzell, Compact Council Chairman Phone: (850) 410 -7100 Email: donnauzzell@fdle. state. fl. us Mr. Todd C. Commodore, FBI Compact Officer Phone: (304) 625 -2803 Email: tcommodo@leo. gov