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criminal activity that is multi-jurisdictional in nature. Rulemaking History On February 27, 1992, the Department of Justice, Office of Justice Programs, published a notice of proposed rulemaking in the Federal Register (57 FR 6691). The Office of Justice Programs received a total of eleven comments on the proposed regulation, seven from State agencies, two from Regional Information Sharing Systems (RISS) program fund recipients, one from a Federal agency, and one from the RISS Project Directors Association. Comments will be discussed in the order in which they address the substance of the proposed regulation. Discussion of Comments Title - Part 23 Comment: One commentor suggested reinserting the word "Operating" in the title of the regulation to read "Criminal Intelligence Systems Operating Policies" to reflect that the regulation applies only to policies governing system operations. Response: Agreed. The title has been changed. APPLICABILITY - SECTION 23.3(a) Comment: A question was raised by one respondent as to whether the applicability of the regulation under Section 23.3(a) to systems "operating through support" under the Crime Control Act included agencies receiving any assistance funds and who operated an intelligence system QL only those who received assistance funds for the specific purpose of funding the operation of an intelligence system. Response: The regulation applies to grantees and subgrantees who receive and use Crime Control Act funds to fund the operation of an intelligence system. Comment: Another commentor asked whether the purchase of software, office equipment, or the payment of staff salaries for a criminal intelligence system would constitute "operating through support" under the Crime Control Act. Response: Any direct Crime Control Act fund support that contributes to the operation of a criminal intelligence system would subject the system to the operation of the policy standards during the period of fund support. Comment: A third commentor inquired whether an agency's purchase of a telephone pen register or computer equipment to store and analyze pen register information would subject the agency or its information systems to the regulation.. Response: No, neither a pen register nor equipment to analyze telephone toll information fall under the definition of a criminal intelligence system even though they may assist an agency to produce investigative or other information for an intelligence system. APPLICABILITY - SECTION 23.3(b) Comment: Several commentors questioned whether information systems that are designed to collect information on criminal suspects for purposes of inquiry and analysis, and which provide for dissemination of such information, qualify as "criminal intelligence systems." One pointed out that the information qualifying for system submission could not be "unconfirmed" or "soft" intelligence. Rather, it would generally have to be -9- : One respondent asked whether the definition of criminal intelligence system covered criminal history record information (CHRI) systems, fugitive files, or other want or warrant based information systems. investigative file-based information to meet the "reasonable suspicion" test. Response: The character of an information system as a criminal intelligence system does not depend upon the source or categorization of the underlying information as "raw" or "soft" intelligence, preliminary investigation information, or investigative information, WEISS West Bay Region Node MOU Agreement Page 33 of 48