ML20012A093
| ML20012A093 | |
| Person / Time | |
|---|---|
| Issue date: | 01/31/1990 |
| From: | Lesar M NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Manili R Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML20012A088 | List: |
| References | |
| FRN-55FR3039, RULE-PR-73 AD52-2-2, NUDOCS 9003080269 | |
| Download: ML20012A093 (5) | |
Text
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\\f UNITED STATES 1
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NUCLEAR REGULATORY COMMISSION g
.g Ft WASHINGTON, D. C 20S55 -
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JAN 3 1 1993
' MEMORANDUM FOR:
R. B. Manili Office of Nuclear Reactor Regulation t
FROM:
Michael T. Lesar Chief Rules Review Section Regulatory Publications Branch Division of Freedom of Information and Publications Services Office of Administration-
SUBJECT:
FINGERPRINT CARDS; INCREASE IN FEE In a memorandum dated April 5, 1985 (copy enclosed), the Executive Director for Operations established procedures for ensuring that a complete regulatory history is compiled for each rulemaking action undertaken by an office under his purview. These procedures are applicable to any proposed or final rule submitted for publication in the Federal Register af ter April 5,1985.
Briefly, these procedures require that --
- Documents of central relevance to a rulemaking be maintained, and identified for a source of access; and
- An index of documents comprising the regulatory history be developed and submitted to the Regulatory Publications Branch (RPB) within 60 days i
- after the.rulemaking is completed.
The final rule that amends NRC regulations to reflect an administrative change pertaining to an increase in the fee that is charged for processing fingerprint cards associated with granting unescorted access to an operating reactor site i
or access to Safeguards Information was published in the Federal Register on January 30, 1990.
You should forward the completed index for the proposed rule to:RPB by March 30, 1990.
,r To assist'you in-preparing the list of documents centrally relevant to this rule, place the designator "AD52-2" in the upper right-hand corner of the
.t first page of each document, including the transmittal memorandum, that you send to the Nuclear Document System (NUD0CS), Mail Stop P1-37. Each document
, submitted to NUDOCS that can be made available to the public should be marked "PDR" in the upper right-hand corner of the first page.
Documents that cannot f
be made available-to'the public should be marked "CF" ~(Central Files) in the 1
upper right-hand corner of the first page.
In addition, CF documents should z
be. grouped after the PDR documents in order to streamline the microfiching process.
s
'You should be sure to check all attachment!, to each document marked "PDR" to ensure that no documents to be withheld are inadvertently released. Examples of documents to be withheld (which sometimes are attached to documents that 1
9003080269 900305
'N55h3039 PDR
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R. B. Manili-2 are released routinely) include Copmmission' vote sheets and SECY Papers.
In
-i no case should a Commission vote sheet be released.
Under Commission procedures,-release of SECY Papers requires the concurrence of a majority of the Commissioners. Accordingly, the release of any SECY Ppaer must be coordinated with'the Office of the Secretary. All Commission vote sheets, and any SECY Paper that is to be withheld, should be clearly marked " Central Files only,"
A> proximately two weeks after you submit the documents:to the.NUDOCS you s1ould receive a computer printout listing the documents you submitted to the NUDOCS.
If you do not receive the printout within two or three weeks, call
-the-NUDOCS hotline, extension 28603, and request the printout.
You should i
forward a copy of this printout, which comprises the regulatory history index, to the RPB.
If you have any questions concerning this matter, please call me (extension 27758).
[.
Michael T. Lesar, Chief Rules Review Section
- [
Regulatory Publications Branch Division of Freedom of Information and Publications Services Office of Administration
Enclosure:
.As stated i
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? U.S. Departuneet of Jestlee c
Federal Bureau ofInvestigation
~
s m W em.p.c. m m November 33, 1999 Letter to All Fingerprint Contributors
Dear Contributor:
1 FBI IDDJTIFICATION DIVISION SERVICES 4
.?
'I.-
ESTABLISFifEIT OF USER FEE F3R PROCESSIN3 FEDERAL A3DiCY N3NLAW ENF3RCEICJT SUB'4ISSIONS The " Federal Departmnts of Commrce, Justice, State, the Judiciary and Related Agencies Appropriations Act for Fiscal Year (FY) 11990".has been signed into law by the President of the United States.
Lsnguage contained in.the portion of the Act relating to the FBI. extends our autnority to charge a user fee for conducting identification record requmts for all nonlaw enforcemnt employmnt and licensing purposes.
Prior authority limited the charging of a user fee to state and local agencies for such nonlaw enforcemnt, noncriminal justice employment and licensing purposes. The FBI previously provided such services to Federal Governmnt agencies on a cost-free basis.
t
.The Appropriations Act language reads "...may establish and collect..." It should be noted however, that Congressional action redaced
.l the Ff 1990 base-funding for Salaries and Expenses of the FBI by S30 million in anticipation of the collection of the user fees. As a result, 1
the FBI does not have an alternative. The $30 million must be recovered through the establishmnt and collection of user fees, j
The costs to the FBI of providing fingerprint identification i
services,for nonlaw enforcemnt purposes are considerable and have began to negatively impact on our basic law enforcemnt mission. The Congress recognizes the value of these services to other Federal' users and believes it is important that the FBI continue to make the services available,
-although on a reimbursable basis. Based upon this new' expanded authority, J
effective January 1,1990, the FBI Identification Division (ID) will k
. charge a $14 user fee for processing fingerprint cards submitted by 9
- Federal' Governent agencies for nonlow enforcement, noncriminal justice employmnt and licensing pumoses, including cards submitted for employees L
of privato; sector contractors with classified Government contracts.
A1 user fee will also be charged for nam-check requests submitted by Federal agencies for national security purposes. The fees for the nam checks will vary depending upon whether a paper or mgnetic -tape format is used. There will be no charge for Interstate Identification Index requests for national security purposes. Arrangemnts for billing
- FINGERPRINT 00NI'RIBU'IOR LUITER 89-4 s
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7
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4 Federal Governmnt agencies for the services mentioned above will be established prior to January 1, _19M.
It is imperative that each applicant fingerprint card and mm-check request specifically reflect whether it is baing submitted for a "nonlaw enforcemnt, noneriminal justice e@loymant/ licensing purpose" or whather it is for a " law enforcement /criminM justice e@loyment purpose" so that the Federal agency will be billed correctly. Your cooperation and
. assistance in helping us make the transition' to the new user-fee system will certainly be appreciated.
II. PRDCFSSDG CHAR 3E FJR STATE A'1D LOCAL USER-FEE FI!CERPRINT CARDS INCREASING 'IO $20 In passing the FBI's portion of the Act referred to in tM prior article of this letter, Congress recognized that the FBI's central fingerprint repository is u critical component of the national criminal justice system. Operating this repository is extremly costly since !t is still a mnpower intensive system despite recent mjor automtion enhancemnts. Further, Congress has become aware that technological advances are rapidly mking our current semiautomted system both outmoded and incompatible with mny state systems, and that all nonlaw enforcemnt, noncriminal justice users must help defray the cost of any new eutocntion initiative.
Therefore, language contained in the Appro?riations Act for FY 19M provides authority for the FBI to set the user-fee charge for processing state and local noncriminal justice fingerprint submissions at a' level to include an additional amount to establish a' fund to defray exp?nses for the further actoration of fingerprint identification services.
As a result of this new authority, the user fee for processing noncriminal justice licensing and employmnt fingerprint cards submitted to the ID by banking institutions, the securities industry, the comrodity
- futures trading industry, the Nuclear Regulstory Commission on behalf of j nuclear power plants, and state and local employmnt and licensing l
authorities will be increased from $14 to $20 effective March 1,199-).
State identification bureaus and other agencies that channel user-fee fingerprint cards _to us and account for the fees on a monthly basis will continue to retain.$1 of the paymnt to help offset their handling Fingerprint cards submitted from states which are not participating costs.
in the billing program must continue to have a cashier's check, maney order, or certified check stapled to each fingerprint card. Fingerprint cards from these statas reaching us on or after March 1,1990, will beYour processed only if the check or rioney order is in the amount of $20.
cooporation and assistance in mking the transition to the new S20 fee will certainly be appreciated.
III. MISUSE OF CRIMINAL RECDRD INFORMATION CAN RESULT IN PROSECUTION l -
AND TERMINATION OF CRIMINAL REC 3RD SERVICES I
The ID continues to receive informtion relating to the alleged unauthorized access and misuse of criminal history record informtion.
r I
Criminal justice and law enforcemnt employees risk their careers and any n
1 s, w v.1 be prosecuted for the illegal use of criminal record inforation.
The importance of complying with the privacy and security provisions of i
Federal /stata laws pertaining to the access and use of criminal history
. record information cannot be overemphasized.
A police officer furnishing a criminal record to the prosecutor or a' neighboring police detective also conducting a criminal investigation on the subject of the record is permitted.
However, a law enforcemnt'or criminal justice eployee obtaining a criminal record for the use of his/her part-tim amployer or for his/her own use as a part-time private
. investigator is risking prosecution, as well as the cancellation of his/her departmnt's right to access such informtion.' Submitting an 4
opplicent fingerprint card with the " REASON FIIDERPRIEED" block fraudulently completed to show a lawful purpose creates the sam risks.
Tne access and use of criminal history record information in the Interstate Identification Index for umuthorized noncriminal justice l
licensing or employmnt purposes are ulso prohibited.
Do not use your lawful access privileges to obtain criminal records for unauthorized The risks are too great. The reputation of your department, pJrposes.
as well as the reputations of all of us in law enforcemnt, is certainly diminished when such incidants are reported by the mdia. ~ Refer to Fincorprint Contributor Letter 88-2 for additional informtion concerning this mtter.
IV.
IDDITIFICATION DIVISION FACI'S A'lD FIGURES Total Fingarprint Cards on File 187,563,960+
lumber of Persons Represented in the Critimi File Nu-int of Persons Represented in the Civil File 24,705,25D+
Critim) History Records Available via the 37,316,412' Interstate Identification Index (III)
III Inquiries / Record Requests During Fiscal 12,903,304 Year 1939 (FY 89)
+
15,502,345 Number ~of Fingerprint Cards Received During FY 89 Fugitive Warrants Active in Criminal File 8,165,934 Fugitives Identified During FY 89 133,454 29,427 Reflects figures through 5/31/99 FY 89 ran from 10/1/88 through 9/30/89 In closing, from all of u':
healthy holiday season.
in the ID, best wishes for a happy and g
Sincerely yours, l
W Y-Lawrence K. York Assistant Director in Charge Identification Division N7F.:
Please direct any telephonic inquiries to (202) 324-2222.
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