The National Crime Prevention and Privacy Compact Helping

The National Crime Prevention and Privacy Compact Helping Protect Our Nation’s Most Vulnerable Populations Ms. Leslie Moore – Compact Council Vice-Chair

The National Crime Prevention and Privacy Compact Act of 1998 • Enacted on October 9, 1998 • Provides legal framework for the noncriminal justice use of the III • Continues decentralization of criminal history record information • Established the Compact Council 2

Compact States and Territories As of July 2019 AK WA MT OR ID WY NV UT CA AZ VT NH ME ND MN SD WI NB CO KS OK NM TX MK HI PA OH IL IN WV VA MO KY NC TN IA AR MS AL GA NJ DE MD DC SC LA FL GM AM RI CT NY MI MA PR Compact States (34) MOU Signatory States (10) No Known Current Action (12) VI 3

Compact Council �Compact established a 15 -member Council �Appointed by the U. S. Attorney General �Promulgates rules and procedures for the effective use of the III for noncriminal justice purposes 4

Benefits of the Compact • Compact allows signatory states to provide more complete and accurate criminal history record information for noncriminal justice purposes • Compact requires signatory states to participate in the National Fingerprint File Program 5

NFF STATE VS NON-NFF STATE • • Notifies the FBI of each arrest; arrest information is retained by the state, rather than the FBI reaches out to NFF State to obtain its CHRI Information maintained by state is appended to the FBI response State maintains control and updates its records Must respond to authorized record requests from both the state and FBI Reduces duplicate records; eliminates risk of FBI record not being updated Cost savings and more complete records available Non-NFF State • • • Voluntarily submits arrest information for each arrest to the FBI based on law and policy FBI reaches out to non-NFF state if the state is authorized to provide CHRI for noncriminal justice purposes; if not the FBI disseminates the information in its file State submits information to the FBI for updating records (i. e. - disposition) Is only required to respond to criminal justice and firearm record requests; Non. NFF states which have ratified the Compact are required to respond to all requests. Duplicate records are maintained and 6 state must forward to the FBI

National Fingerprint File Program Participation AK As of July 2019 WA MT OR ID WY NV UT CA AZ MK HI VT NH ME ND MN SD WI NB CO IA IL KS OK NM TX MO AR CT PA IN OH NJ WV VA DE MD NC SC TN MS AL RI NY MI KY MA DC GA LA FL GM PR AM NFF States - 20 VI 7

Noncriminal Justice Background Checks � � � Council’s mission Positive fingerprint identification Legal authority to submit fingerprints to the FBI Must seek to balance access to criminal history record information with the need for individual privacy Council’s efforts to advance awareness of privacyrelated issues � � Guiding Principles: Noncriminal Justice Applicant’s Privacy Rights Guiding Principles: Agency Privacy Requirements for Noncriminal Justice Applicant 8

Crime Prevention Protecting Vulnerable Populations such as Children, the Disabled, and the Elderly • Use of CHRI in exigent circumstances • Publication of Identity Verification Program Guide • Privacy Protection • Rap Back Task Force/Focus Group 9

Legal Authority • Next Generation Identification (NGI) System – Contains records from states, U. S. territories, federal, and tribal criminal justice agencies • Legal authority for use of the III for noncriminal justice purposes – Federal legislation • Affordable Care Act – Section 6201 • Child Care and Development Block Grant Act • National Child Protection Act/Volunteers for Children Act • Adam Walsh Act • Public Law 92 -544 10

Council’s Role in Conducting Noncriminal Justice Background Checks • Liaise and provide input to federal agencies regarding background check programs • Written Correspondence • Publication of resources to assist background check agencies • Review Compact to set policy regarding noncriminal justice background checks 11

Upcoming Compact Council Meeting November 6 -7, 2019 TBD Council Chairman: Mr. Wyatt Pettengill Council Vice-Chair: Ms. Leslie Moore FBI Compact Officer: Ms. Chasity S. Anderson Website: www. fbi. gov/compactcouncil E-mail: compactoffice@fbi. gov 12

QUESTIONS? 13