National Crime Prevention and Privacy Compact Council SEARCH Meeting July 2007

Compact States and Territories Status States Pending Legislation AK WA VT NH ME MT ND MA OR MN ID RI SD NY WI WY MI CT NB IA PA NV NJ UT IN OH IL CO WV DE CA VA KS MO KY MD TN NC Compact Party Signatories 27 states and the federal government have enacted the National Crime Prevention and Privacy Compact (Compact). MOU Signatories As of May 12, 2006, ten nonparty states/territories have signed the Compact Council MOU as a voluntary recognition of the Council’s authority to promulgate rules, procedures, and standards for the noncriminal justice use of the III System. Current signatories include: Illinois, Kentucky, Mississippi, Nebraska, New Mexico, North Dakota, South Dakota, Vermont, American Samoa, Guam. AZ OK DC NM AR SC MS AL GA TX LA HI MK FL GM PR AM Compact States (27) MOU Signatory States (10) VI States Pending Legislation (4) SEARCH Meeting July 2007

National Fingerprint File (NFF) Participants by EOY 2009* *Estimated by States AK WA VT NH ME MT ND MA OR MN ID RI SD NY WI WY MI CT IA PA NB NV NJ UT IN OH IL CO WV DE CA VA KS MO KY MD TN NC AZ OK DC According to Compact state’s estimations recently, by the end of 2009, there will be 20 NFF states. Again, HI’s onsite visit was recently conducted and HI has yet to determine a participation date. NM AR SC MS AL GA TX LA GM AM MK PR VI HI FL NFF States-20 III States-28 Non-III States-7 NFF Prep/III States-3 NFF Prep/Non III State-1 SEARCH Meeting July 2007

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. This orientation meeting provided guidance to the states on the compact ratification process. All nonparty states were invited to attend the seminar. 45 attendees representing 23 states and US territories. 19 nonparty states total – 12 of those states attended the seminar. States were divided into their 4 Working Group regions and assigned a regional representative to assist them with questions and concerns regarding Compact ratification. Nonparty State Survey – Sent in April 2007 to 27 states and territories/17 responded. This information will assist the Council and FBI compact staff in assisting states with ratification. By surveying the nonparty states, the Council gained knowledge from states who have not ratified and identified obstacles to the ratification process. SEARCH Meeting July 2007

Compact Council Initiatives 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 NCPA: Workshop on “Florida Model” SEARCH Workshop on AG Report Non Party State Workshop 50 states and territories Compact meeting Coordination with FBI for early notification on revised FBI userfees

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 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 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 Resources

National Child Protection Act 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 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? Tim Mann, Ph. D. candidate with the law policy and society program at Northeastern University in Boston gave presentation on this topic at the May 2007 Council meeting. The Council was a good platform for Mr. Mann to present – many state repository representatives in attendance. Web based survey sent to 4 groups asking the above questions. state repository administrators college law enforcement directors college senior administrators college attorneys Will be invited to the next CC meeting to give an update on survey results. SEARCH Meeting July 2007

On the Horizon 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%20page/cc.htm Slide provides the Compact Council’s website address. SEARCH Meeting July 2007

Upcoming Meetings Compact Council Meeting Scheduled for November 7-8, 2007 Please be reminded that all Council meetings are open to the public, with prior meeting notice published in the Federal Register, including a list of topics to be addressed at the meeting. Representatives from any state or federal agency are invited to attend Council meetings to become more familiar with the issues addressed by the Council. SEARCH Meeting July 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 SEARCH Meeting July 2007