Law

Department of Justice

§ 20.33

and any other authorized entities requesting
fingerprint
identification
records and name checks for noncriminal justice purposes.
(1) The Director of the FBI shall review the amount of the fee periodically, but not less than every four
years, to determine the current cost of
processing fingerprint identification
records and name checks for noncriminal justice purposes.
(2) Fee amounts and any revisions
thereto shall be determined by current
costs, using a method of analysis consistent with widely accepted accounting principles and practices, and calculated in accordance with the provisions of 31 U.S.C. 9701 and other Federal law as applicable.
(3) Fee amounts and any revisions
thereto shall be published as a notice
in the FEDERAL REGISTER.
(f) The FBI will collect a fee for providing noncriminal name-based background checks of the FBI Central
Records System through the National
Name Check Program pursuant to the
authority in Pub. L. 101–515 and in accordance with paragraphs (e)(1), (2) and
(3) of this section.
[41 FR 11715, Mar. 19, 1976, as amended at 75
FR 18755, Apr. 13, 2010; 75 FR 24798, May 6,
2010]

§ 20.32 Includable offenses.
(a) Criminal history record information maintained in the III System and
the FIRS shall include serious and/or
significant adult and juvenile offenses.
(b) The FIRS excludes arrests and
court actions concerning nonserious offenses, e.g., drunkenness, vagrancy,
disturbing the peace, curfew violation,
loitering, false fire alarm, non-specific
charges of suspicion or investigation,
and traffic violations (except data will
be included on arrests for vehicular
manslaughter, driving under the influence of drugs or liquor, and hit and
run), when unaccompanied by a
§ 20.32(a) offense. These exclusions may
not be applicable to criminal history
records maintained in state criminal
history record repositories, including
those states participating in the NFF.
(c) The exclusions enumerated above
shall not apply to federal manual
criminal history record information
collected, maintained, and compiled by

the FBI prior to the effective date of
this subpart.
§ 20.33 Dissemination of criminal history record information.
(a) Criminal history record information contained in the III System and
the FIRS may be made available:
(1) To criminal justice agencies for
criminal justice purposes, which purposes include the screening of employees or applicants for employment hired
by criminal justice agencies;
(2) To federal agencies authorized to
receive it pursuant to federal statute
or Executive order;
(3) For use in connection with licensing or employment, pursuant to Public
Law 92–544, 86 Stat. 1115, or other federal legislation, and for other uses for
which dissemination is authorized by
federal law. Refer to § 50.12 of this chapter for dissemination guidelines relating to requests processed under this
paragraph;
(4) For issuance of press releases and
publicity designed to effect the apprehension of wanted persons in connection with serious or significant offenses;
(5) To criminal justice agencies for
the conduct of background checks
under the National Instant Criminal
Background Check System (NICS);
(6) To noncriminal justice governmental agencies performing criminal
justice dispatching functions or data
processing/ information services for
criminal justice agencies; and
(7) To private contractors pursuant
to a specific agreement with an agency
identified in paragraphs (a)(1) or (a)(6)
of this section and for the purpose of
providing services for the administration of criminal justice pursuant to
that agreement. The agreement must
incorporate a security addendum approved by the Attorney General of the
United States, which shall specifically
authorize access to criminal history
record information, limit the use of the
information to the purposes for which
it is provided, ensure the security and
confidentiality of the information consistent with these regulations, provide
for sanctions, and contain such other
provisions as the Attorney General
may require. The power and authority
of the Attorney General hereunder

435

VerDate Mar<15>2010

16:31 Jul 22, 2013

Jkt 229110

PO 00000

Frm 00445

Fmt 8010

Sfmt 8010

Q:\28\28V1.TXT

ofr150

PsN: PC150

§ 20.34

28 CFR Ch. I (7–1–13 Edition)

shall be exercised by the FBI Director
(or the Director’s designee).
(b) The exchange of criminal history
record information authorized by paragraph (a) of this section is subject to
cancellation if dissemination is made
outside the receiving departments, related agencies, or service providers
identified in paragraphs (a)(6) and (a)(7)
of this section.
(c) Nothing in these regulations prevents a criminal justice agency from
disclosing to the public factual information concerning the status of an investigation, the apprehension, arrest,
release, or prosecution of an individual,
the adjudication of charges, or the correctional status of an individual, which
is reasonably contemporaneous with
the event to which the information relates.
(d) Criminal history records received
from the III System or the FIRS shall
be used only for the purpose requested
and a current record should be requested when needed for a subsequent
authorized use.
§ 20.34 Individual’s right to access
criminal history record information.
The procedures by which an individual may obtain a copy of his or her
identification record from the FBI to
review and request any change, correction, or update are set forth in §§ 16.30–
16.34 of this chapter. The procedures by
which an individual may obtain a copy
of his or her identification record from
a state or local criminal justice agency
are set forth in § 20.34 of the appendix
to this part.
§ 20.35 Criminal Justice Information
Services Advisory Policy Board.
(a) There is established a CJIS Advisory Policy Board, the purpose of
which is to recommend to the FBI Director general policy with respect to
the philosophy, concept, and operational principles of various criminal
justice information systems managed
by the FBI’s CJIS Division.
(b) The Board includes representatives from state and local criminal justice agencies; members of the judicial,
prosecutorial, and correctional segments of the criminal justice community; a representative of federal agen-

cies participating in the CJIS systems;
and representatives of criminal justice
professional associations.
(c) All members of the Board will be
appointed by the FBI Director.
(d) The Board functions solely as an
advisory body in compliance with the
provisions of the Federal Advisory
Committee Act. Title 5, United States
Code, Appendix 2.
§ 20.36 Participation in the Interstate
Identification Index System.
(a) In order to acquire and retain direct access to the III System, each
Control Terminal Agency and Federal
Service Coordinator shall execute a
CJIS User Agreement (or its functional
equivalent) with the Assistant Director
in Charge of the CJIS Division, FBI, to
abide by all present rules, policies, and
procedures of the NCIC, as well as any
rules, policies, and procedures hereinafter recommended by the CJIS Advisory Policy Board and adopted by the
FBI Director.
(b) Entry or updating of criminal history record information in the III System will be accepted only from state or
federal agencies authorized by the FBI.
Terminal devices in other agencies will
be limited to inquiries.
§ 20.37 Responsibility for accuracy,
completeness, currency, and integrity.
It shall be the responsibility of each
criminal justice agency contributing
data to the III System and the FIRS to
assure that information on individuals
is kept complete, accurate, and current
so that all such records shall contain
to the maximum extent feasible dispositions for all arrest data included
therein. Dispositions should be submitted by criminal justice agencies
within 120 days after the disposition
has occurred.
§ 20.38

Sanction for noncompliance.

Access to systems managed or maintained by the FBI is subject to cancellation in regard to any agency or entity that fails to comply with the provisions of subpart C of this part.

436

VerDate Mar<15>2010

16:31 Jul 22, 2013

Jkt 229110

PO 00000

Frm 00446

Fmt 8010

Sfmt 8010

Q:\28\28V1.TXT

ofr150

PsN: PC150