[Federal Register Volume 60, Number 71 (Thursday, April 13, 1995)]
[Notices]
[Pages 18853-18855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9105]



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DEPARTMENT OF JUSTICE
[AAG/A Order No. 98-95]


Privacy Act of 1974; New System of Records

    Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), notice is 
given that the United States Marshals Service, Department of Justice 
(DOJ), proposes to establish a new system of records entitled ``Joint 
Automated Booking Stations, Justice/USM-014.''
    Title 5 U.S.C. 552a(e) (4) and (11) provide that the public be 
provided a 30-day period in which to comment on the new routine uses of 
a system of records. The Office of Management and Budget (OMB), which 
has oversight responsibility under the Act, requires that it be given a 
40-day period in which to review the new system.
    Therefore, please submit any comments by May 15, 1995. The public, 
OMB, and the Congress are invited to send written comments to Patricia 
E. Neely, Systems Policy Staff, Justice Management Division, Department 
of Justice, Washington, DC 20503 (Room 850, WCTR Building).
    A description of the system of records is provided below. In 
accordance with 5 U.S.C. 552a(r), DOJ has provided a report on the 
proposed new system to OMB and the Congress.

    Dated: March 30, 1995.
Stephen R. Colgate,
Assistant Attorney General for Administration.
USM-014
    Joint Automated Booking Stations (JABS), USM-014
    U.S. Marshals Service (USMS) headquarters, 600 Army Navy Drive, 
Arlington, Va. 22202-4210; and regional office of the Drug Enforcement 
Administration (DEA) at 6320 NW 2nd Avenue, North Miami Beach, FL 
33167.\1\

    \1\The Miami repository will be physically housed at DEA 
facilities; nevertheless, management and oversight--including the 
physical security of the system--will be the responsibility of USMS 
personnel. When appropriate, the ``system location'' will be revised 
to include additional repositories.
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    Alleged criminal offenders who have been arrested and booked.
    Records may include certain generic or ``common'' data elements 
which have been collected by an arresting Federal, State, or local 
agency and booked by that agency at its automated booking station 
(ABS), or booked by an agency on behalf of another agency which 
performed the arrest.\2\ Such common 

[[Page 18854]]
data (approximately 60 data elements) have been identified by law 
enforcement as those case and biographical data generally collected by 
the law enforcement community during booking arrests, e.g., name, date 
and place of birth, citizenship, hair and eye color, height and weight, 
occupation, social security number, place, date and time of arrest and 
jail location, charge, armed description, sentenced or unsentenced, and 
health status, etc. Such data may also include case agent name, notes 
and observations regarding subjects' physical or mental condition, 
degree of psychological stability or acumen, reported use of habit 
forming substances, substances for which the subject has a valid 
prescription, names of individuals from which the subject is to be 
segregated, extraordinary handling procedures to include precautionary 
warnings, names of acquaintances (criminal/non-criminal), Federal writ, 
and any other pertinent information related to known activities 
relevant or unique to the record subject. Finally, as the technology is 
developed, such data may include electronic fingerprints, mugshots, and 
voice samples.

    \2\Initially, these records will include only those of the 
Department of Justice (DOJ) law enforcement components. However, at 
such time as other Federal, State and local agencies either 
establish similar ABS's or use the ABS of another agency to upload 
``common'' data to the repositories (i.e., ``common'' data as 
described by this system of records), this system of records will 
also include records provided by non-DOJ law enforcement agencies.
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    Categories of records may include paper records where the USMS has 
a need to print copies, e.g., copies of mugshots.
    28 U.S.C. 534, 564; 5 U.S.C. 301 and 44 U.S.C. 3101.
    The primary purpose of the JABS system is to enable Federal, State, 
and local agencies which conduct arrests and/or booking activities to 
store such data in regional repositories to eliminate duplication 
efforts among multiple law enforcement agencies participating in a 
single booking/arrest, to follow the arrestee through the booking 
process, and thereby share ``realtime'' booking and arrest data within 
a region. It will also assist in ancillary law enforcement efforts by 
permitting law enforcement to learn of the arrest and apprehension of a 
fugitive by another agency in that region; verify the identity of an 
arrestee or, as the technology is developed, obtain identifying data 
that will assist with surveillance and wiretap activities in the event 
the arrestee becomes a fugitive subsequent to booking. Finally, it may 
assist other judicial/law enforcement agencies in obtaining such 
information as will permit them to perform their official duties.
    JABS will also assist law enforcement at the national level through 
interface of its regional repositories with the Federal Bureau of 
Investigation's (FBI) Identification Division Records System, Justice/
FBI-009 (IDENT). IDENT currently serves as a ``national'' repository 
for fingerprint data. As the technology is developed, electronic 
fingerprint, mugshot, and voice sample data, together with certain 
personally identifying data, date of arrest, etc. may be copied from 
JABS regional repositories to IDENT. (Consistent with published routine 
use disclosures for the IDENT system of records, IDENT may then respond 
to electronic inquiries from other JABS regional repositories to verify 
fingerprint or other identifying data, to learn of the arrest of a 
fugitive in another regional jurisdiction; and/or, where indicated by 
the IDENT record, to allow an inquiring regional repository to 
determine that a more complete arrest record resides with, and may be 
requested from, another JABS regional repository; and/or to otherwise 
assist in the conduct of other authorized law enforcement activities 
such as surveillance and wiretap.)
    (a) The regional repositories may be electronically accessed by 
Federal, State, and local law enforcement agencies to input and 
retrieve booking and arrests data on criminal offenders and thereby 
eliminate the need for duplicate bookings in that region, i.e., the 
collection of much the same data by multiple agencies in prisoner 
processing activities involving such agencies from arrest through 
incarceration. (For example, an individual arrested by the Bureau of 
Alcohol, Tobacco, and Firearms (ATF) and transported by the USMS to a 
Federal correctional institution may be processed by ATF, USMS, and the 
Bureau of Prisons.) Such repositories may be electronically accessed by 
these and other local law enforcement agencies in the region also for 
other law enforcement purposes such as to learn about the arrest of a 
fugitive wanted in several local jurisdictions, to verify the identity 
of an arrestee, or to assist in the conduct of surveillance and/or 
wiretap activities. In addition, access by one regional repository to 
the complete record residing in another regional repository, e.g., to 
obtain access to the record of a fugitive wanted in one or more 
regional jurisdictions, may be accomplished by a telephone request 
until such time as technology may permit electronic requests between 
regional repositories. Further, at such time as the technology is 
available, other judicial/law enforcement agencies such as the courts, 
probation, and parole agencies may have direct electronic access to 
JABS in order to obtain data which may assist them in performing their 
official duties. For example, the courts may need direct electronic 
access to verify the identity of an individual who appears in court 
claiming not to be the individual identified by the arresting agency.
    Finally, where necessary and/or appropriate, the USMS may disclose 
relevant information from the repositories as follows:
    (b) To any Federal, State, and/or local authorities to the extent 
necessary to permit them to perform their law enforcement 
responsibilities; or to any Federal, State, and/or local authorities, 
or to any other entity or person, to the extent required to solicit 
information necessary for law enforcement purposes;
    (c) To other judicial/law enforcement agencies such as the courts, 
probation, and parole agencies to assist them in performing their 
official duties;
    (d) To a Federal agency in response to its request and in 
connection with hiring or retention of an employee, the issuance of the 
required security clearance, the reporting of an investigation of an 
employee, the letting of a contract, or the issuance of a license, 
grant or other benefit by the requesting agency, to the extent that the 
information relates to the requesting agency's decision on the matter;
    (e) To private contractors and/or maintenance personnel but only to 
the extent that access is needed to perform contractual duties such as 
maintenance or other administrative support operations;
    (f) To a Member of Congressor staff acting upon the Member's behalf 
when the Member or staff requests the information on behalf of and at 
the request of the individual who is the subject of the record;
    (g) To the news media and the public pursuant to 28 CFR 50.2 unless 
it is determined that release of the specific information in the 
context of a particular case would constitute an unwarranted invasion 
of personal privacy;
    (h) To a court or adjudicative body before which the USMS or other 
appropriate DOJ component is authorized to appear when any of the 
following is a party to litigation or has an interest in litigation and 
such records are determined by the USMS or other 

[[Page 18855]]
appropriate DOJ component to be arguably relevant to the litigation:
    (i) The USMS or DOJ component, or any subdivision thereof, or (ii) 
any employee of the USMS or DOJ in his or her official capacity, or 
(iii) any employee of the USMS or DOJ in his or her individual capacity 
where the DOJ has agreed to represent the employee, or (iv) the United 
States, where the DOJ determines that the litigation is likely to 
affect it or any of its subdivisions;
    (i) To the National Archives and Records Administration (NARA) and 
the General Services Administration in records management inspections 
conducted under the authority of 44 U.S.C. 2904 and 2906;
    (j) To complainants and/or victims to the extent necessary to 
provide such persons with information and explanations concerning the 
progress and/or results of an investigation or case (e.g. an arrest) 
arising from the matters of which they complained and/or of which they 
were a victim; and
    (k) To any person or entity to the extent necessary to prevent an 
imminent and potential crime which directly threatens loss of life or 
serious bodily injury.
    Records are stored in computerized media and on printed copy.
    Data may be retrieved by name or identifying number.
    Access will be limited to those with a need to know. Facilities and 
offices which house computer systems will be protected at all times by 
appropriate locks, security guards, and/or alarm systems. Access to the 
systems equipment is limited to those with a need-to-know through 
encryption and password protection measures.
    A disposition schedule will be developed for approval by the USMS 
Records Management Officer and NARA. Upon approval of such schedule, 
this notice will be revised to reflect the correct retention and 
disposal schedule for these records.
    Director, U.S. Marshals Service, 600 Army-Navy Drive, Arlington, 
Virginia 22202-4210
    Same as ``Record Access Procedures.''
    Address all requests for access to JABS records, in writing, to the 
system manager identified above, ``Attention: FOIA/PA Officer.'' 
Clearly mark the letter and envelope ``Privacy Act request.'' Clearly 
indicate the name of the requester, nature of the record sought, and 
approximate date of the record. In addition, provide the required 
verification of identity (28 CFR 16.41(d)) and a return address for 
transmitting the information.
    Same as above.
    The record subject; Federal, State, and local law enforcement 
personnel; the courts; and medical personnel.
    The Attorney General has exempted records in this system from 
subsections (c) (3) and (4), (d), (e) (1), (2) and (3), (e)(5), (e)(8), 
and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2). Rules have 
been promulgated in accordance with the requirements of 5 U.S.C. 553 
(b), (c) and (e) and have been published in the Federal Register.

[FR Doc. 95-9105 Filed 4-12-95; 8:45 am]
BILLING CODE 4410-01-M