1 / 18

COMPACT COUNCIL

COMPACT COUNCIL. State Compact Council Members Diane Schenker – AK Major Mark Huguley - SC John O’Brien – NJ David Sim – KS Wilbur Rehmann—MT, Chairman Lt. Col. Jeffery Harmon--ME, Vice Chair Paul Heppner—GA Donna Uzzell—FL Rusty Featherstone—OK Federal Compact Council Members

yehudi
Download Presentation

COMPACT COUNCIL

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. COMPACT COUNCIL State Compact Council Members Diane Schenker – AK Major Mark Huguley - SC John O’Brien – NJ David Sim – KS Wilbur Rehmann—MT, Chairman Lt. Col. Jeffery Harmon--ME, Vice Chair Paul Heppner—GA Donna Uzzell—FL Rusty Featherstone—OK Federal Compact Council Members Mike Kirkpatrick—FBI Kathy Dillaman—OPM Winona Varnon—OPM Investigations

  2. 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

  3. 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) • NEW HAMPSHIRE (Passed in June 2003) ME MN MT IA CT CO NJ KS NV OK SC AR GA AZ FL AK

  4. National Crime Prevention and PrivacyCompact 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

  5. 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;

  6. (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 Compact Continued

  7. 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.

  8. NATIONAL CRIME PREVENTION AND PRIVACY COMPACT Exigent Circumstances Rule adopted by the Compact Counciland published in the Federal Register on May 21, 2001

  9. 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.

  10. 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.

  11. NATIONAL CRIME PREVENTION AND PRIVACY COMPACT USA Patriot Act, Homeland Security NationalSecurity Transportation Security Agency and the Compact Council

  12. 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.

  13. 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.

  14. 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.

  15. 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.”

  16. 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.

  17. NATIONAL CRIME PREVENTION AND PRIVACY COMPACT • Noncriminal Justice topics to be considered by the Compact Council or Compact Questions?Contact: Wilbur Rehmann, Chair wrehmann@state.mt.usMontana DOJ (406) 444-6194 Todd Commodore, FBI-CJIStcommodo@leo.gov (304) 625-2803

More Related