[Federal Register Volume 61, Number 34 (Tuesday, February 20, 1996)] [Notices] [Pages 6385-6388] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-3678] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE [AAG/A Order No. 116-96] Privacy Act of 1974; Modified Systems of Records Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a) and the Office of Management and Budget Circular No. A-130, notice is given that the Department of Justice (DOJ), Federal Bureau of Investigation (FBI), is modifying the following system of records which was last published in the Federal Register on November 26, 1990 (55 FR 49174) under the title, ``Identification Division Records System'': The new title is: Fingerprint Identification Records System (FIRS) (JUSTICE/FBI-009). The FIRS is maintained for law enforcement purposes to collect criminal fingerprints and charge/disposition information for Federal and State offenses and to disclose this information to authorized criminal justice and noncriminal justice agencies. The FBI is modifying FIRS to more specifically identify and define these disclosures. The FBI is also modifying FIRS to indicate its intention to promulgate some changes with respect to the [[Page 6386]] exemption of FIRS under the Privacy Act. Specifically, the FBI intends to remove the exemption from subsection (f) because the FBI is in compliance with this provision, and therefore the exemption is unnecessary. In addition, the FBI will add subsection (k) as an additional Privacy Act authority permitting the exemption of FIRS from specific Privacy Act provisions. The proposed changes will soon be promulgated in the ``Proposed Rules`` Section of the Federal Register as part of an overall review of the exemptions the FBI has claimed for its systems of records. At that time, as appropriate, an opportunity to comment on any new exemptions will be provided. Exemption pursuant to subsection (k) will not be effective until such time as the public has been provided an opportunity to comment via the proposed rule, and a final rule has been published. Nevertheless, the system description below is being updated at this time to reflect the FBI's intention to remove the exemption from subsection (f) and to add subsection (k). The FBI has made other changes in an effort to improve and add clarity. Where possible, changes have been italicized for public convenience. Title 5 U.S.C. 552a(e) (4) and (11) require that the public must be given 30 days in which to comment on any new or intended uses of information in this system of records. In addition, the Office of Management and Budget (OMB), which has oversight responsibilities under the Act, requires that OMB and the Congress be given 40 days in which to review major changes to the system. Therefore, in compliance with the spirit of these requirements, the public, OMB, and the Congress are invited to comment on the new routine use language being published to provide more specificity for the routine uses of information in this system of records. Comments should be submitted to Patricia E. Neely, Program Analyst, Systems Policy Staff, Information Resources Management, Department of Justice, Washington, DC 20530 (Room 850, WCTR Building). Comments from the public must be received by March 21, 1996. No further notice will appear in the Federal Register unless comments are received and publication pursuant thereto is deemed appropriate. In accordance with Privacy Act requirements, the DOJ has provided a report on the modified system of records to OMB and the Congress. Dated: February 7, 1996. Stephen R. Colgate, Assistant Attorney General for Administration. JUSTICE/FBI-009 SYSTEM NAME: Fingerprint Identification Records System (FIRS). SYSTEM LOCATION: Federal Bureau of Investigation: J. Edgar Hoover Bldg., 10th and Pennsylvania Avenue NW., Washington, DC 20537-9700. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: A. Individuals fingerprinted as a result of arrest or incarceration. B. Persons fingerprinted as a result of Federal employment applications or military service. In addition, there are a limited number of persons fingerprinted for alien registration and naturalization purposes and a limited number of individuals desiring to have their fingerprints placed on record with the FBI for personal identification purposes. CATEGORIES OF RECORDS IN THE SYSTEM: A. Criminal fingerprint cards and/or related criminal justice information submitted by authorized agencies having criminal justice responsibilities. B. Civil fingerprint cards submitted by Federal agencies and civil fingerprint cards submitted by persons desiring to have their fingerprints placed on record for personal identification purposes. C. Identification records sometimes referred to as ``rap sheets'' which are compilations of criminal history information pertaining to individuals who have criminal fingerprint cards maintained in the system. D. A name index pertaining to all individuals whose fingerprints are maintained in the system. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: The system is established and maintained under authority granted by 28 U.S.C. 534, Pub. L. 92-544 (86 Stat. 1115), and codified in 28 CFR 0.85 (b) and (j). Additional authority is also listed below under Routine Uses. PURPOSE: The purpose for maintaining the Fingerprint Identification Records System is to perform identification and criminal history record information functions and maintain resultant records for Federal, State, local, and foreign criminal justice agencies, as well as for noncriminal justice agencies and other entities where authorized by Federal statute, State statute pursuant to Pub. L. 92-544, Presidential executive order or regulation of the Attorney General of the United States. In addition, identification assistance is provided in disasters and for other humanitarian purposes. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: Identification and criminal history record information within this system of records may be disclosed as follows: 1. To a Federal, State, or local law enforcement agency, or agency/ organization directly engaged in criminal justice activity (including the police, prosecution, penal, probation/parole, and the judiciary), and/or to a foreign or international agency/organization, consistent with international treaties, conventions, and/or executive agreements, where such disclosure may assist the recipient in the performance of a law enforcement function, and/or for the purpose of eliciting information that may assist the FBI in performing a law enforcement function; to a Federal, State, or local agency/organization for a compatible civil law enforcement function; or where such disclosure may promote, assist, or otherwise serve the mutual criminal law enforcement efforts of the law enforcement community. 2. To a Federal, State, or local criminal or noncriminal justice agency/organization; or to other entities where specifically authorized by Federal statute, State statute pursuant to Pub. L. 92-544, Presidential executive order, or regulation of the Attorney General of the United States for use in making decisions affecting employment, security, contracting, licensing, revocation, or other suitability determinations. Examples of these disclosures may include the release of information as follows: a. To the Department of Defense, Department of State, Office of Personnel Management, or Central Intelligence Agency, when requested for the purpose of determining the eligibility of a person for access to classified information or assignment to or retention in sensitive national security duties. 5 U.S.C. 9101 (1990); b. To Federal agencies for use in investigating the background of present and prospective Federal employees and contractors (Executive Order 10450), including those providing child-care services to children under age 18 at each Federal agency and at any facility operated by or under contract by the Federal Government. 42 U.S.C. 13041 (1991); [[Page 6387]] c. To State and local government officials for purposes of investigating the background of applicants for noncriminal justice employment or licensing purposes if such investigation is authorized by a State statute that has been approved by the Attorney General of the United States. (The Attorney General has delegated to the FBI the responsibility for approving such State statutes.) Examples of applicants about whom FIRS information may be disclosed include: Providers of services/care for children, the elderly, or disabled persons; teachers/school bus drivers; adoptive/foster parents; security guards/private detectives; State Bar applicants; doctors; and explosives dealers/purchasers. Pub. L. 92-544, 86 Stat. 1115; d. To officials of State racing commissions for use in investigating the background of an applicant for a State license to participate in parimutuel wagering. Officials of State racing commissions in States with a State statute that has been approved under Pub. L. 92-544 may submit fingerprints of the applicant to the FBI through the Association of State Racing Commissioners International, Inc. Results of a criminal record check are returned to each State racing commission designated on the fingerprint card. Pub. L. 100-413, 102 Stat. 1101; e. To officials of Indian tribal governments for use in investigating the background of an applicant for employment by such tribes in a position involving regular contact with, or control over, Indian children. Officials may submit fingerprints to the FBI through the Bureau of Indian Affairs and the results of the criminal record check are returned to the Bureau of Indian Affairs for transmittal to the appropriate tribal government. Pub. L. 101-630; 25 U.S.C. 3205; 25 U.S.C. 3207; f. To designated chief law enforcement officers (CLEO) via full access to the FIRS name index for the purpose of determining if an applicant is prohibited from purchasing a firearm as provided in the Brady Handgun Violence Prevention Act. Pub. L. 103-159. Additionally, criminal justice officials may use the FIRS name index for making firearms related background checks when required to issue firearms related licenses or permits according to a State statute or local ordinance. Fingerprint card submissions for this noncriminal justice purpose, as well as for other firearms related permits, are processed pursuant to Pub. L. 92-544 as set out under 2.c. above. Pub. L. 103- 159; 18 U.S.C. 922; g. To officials of Federally chartered or insured banking institutions for use in investigating the background of applicants for employment or to otherwise promote or maintain the security of those institutions. Pub. L. 92-544; 86 Stat 1115; h. To officials of the Securities and Exchange Commission (SEC) and to self-regulatory organizations (SRO) designated by the SEC for use in investigating all partners, directors, officers, and employees involved in the transfer/handling of securities at every member of a national securities exchange, broker, dealer, registered transfer agent, and registered clearing agency. (The SROs are: American Stock Exchange, Boston Stock Exchange, Chicago Board Options Exchange, Midwest Stock Exchange, New York Stock Exchange, Pacific Stock Exchange, Philadelphia Stock Exchange, and the National Association of Securities Dealers.) 15 U.S.C. 78q(f)(2) (1990); i. To officials of the Commodity Futures Trading Commission (CFTC) and the National Futures Association for use in investigating the background of applicants for registration with the CFTC as Commodity dealers/members of futures associations. Such applicants include futures commission merchants, introducing brokers, commodity trading advisors, commodity pool operators, floor brokers, and associated persons. 7 U.S.C. 12a (1992); 7 U.S.C. 21(b)(4)(E). j. To officials of the Nuclear Regulatory Commission (NRC) for use in investigating the background of each individual who is permitted unescorted access to a nuclear utilization facility (nuclear power plant) and/or who is permitted access to information relating to the safeguarding of such facilities. 42 U.S.C. 2169 (1992) 3. To the news media and general public where there exists a relevant and legitimate public interest (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) and where disclosure will serve a relevant and legitimate law enforcement function, e.g., to assist in locating Federal fugitives, and to provide notification of arrests. This would include disclosure of information in accordance with 28 CFR 20.33 (a)(4) and (c), and 50.2. In addition, where relevant and necessary to protect the general public or any member of the public from imminent threat to life, bodily injury, or property, such information may be disclosed. 4. To a Member of Congress or staff acting on 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 record subject. 5. To the National Archives and Records Administration and the General Services Administration for records management inspections and such other purposes conducted under the authority of 44 U.S.C. 2904 and 2906, to the extent that such legislation requires or authorizes the disclosure. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: A. The criminal fingerprint cards and related criminal justice information are stored in both automated and manual formats. The manual records are in file cabinets in their original state or on microfilm. B. The civil fingerprint cards are stored in an entirely manual format. C. The identification records or ``rap sheets'' are mostly automated but a significant portion of older records are manual. D. The criminal name index is either automated or on microfilm while the civil name index is entirely manual. RETRIEVABLITY: (A) Information in the system is retrievable by technical fingerprint classification and positive identification is effected only by comparison of unique identifying characteristics appearing in fingerprint impressions submitted for search against the fingerprints maintained within the system. (B) An auxiliary means of retrieval is through name indices which contain names of the individuals, their birth date, other physical descriptors, and the individuals' technical fingerprint classification and FBI numbers, if such have been assigned. SAFEGUARDS: Information in the system is unclassified. Disclosure of information from the system is made only to authorized recipients upon authentication and verification of the right to access the system by such persons and agencies. The physical security and maintenance of information within the system is provided by FBI rules, regulations and procedures. RETENTION AND DISPOSAL: (A.) The Archivist of the United States has approved the destruction of records maintained in the criminal file when the records indicated individuals have [[Page 6388]] reached 99 years of age, and the destruction of records maintained in the civil file when the records indicate individuals have reached 99 years of age. (Job. No. N1-65-95-03) (B.) Fingerprint cards and related arrest data in the system are destroyed seven years following notification of the death of an individual whose records is maintained in the system. (Job No. N1-65- 95-03) C. The Archivist has determined that automated FBI criminal identification records (rap sheets) are to be permanently retained. Thus, at the time when paper identification records would have been eligible for destruction, automated FBI criminal identification records are transferred via magnetic tape to NARA. D. Fingerprint cards submitted by State and local criminal justice agencies are removed from the system and destroyed upon the request of the submitting agencies. The destruction of a fingerprint card under this procedure results in the deletion from the system of all arrest information related to that fingerprint card. (E.) Fingerprint cards and related arrest data are removed from the Fingerprint Identification Records System upon receipt of Federal court orders for expunctions when accompanied by necessary identifying information. Recognizing lack of jurisdiction of local and State courts over an entity of the Federal Government, the Fingerprint Identification Records System, as a matter of comity, destroys fingerprint cards and related arrest data submitted by local and State criminal justice agencies upon receipt of orders of expunction directed to such agencies by local and State courts when accompanied by necessary identifying information. SYSTEM MANAGER(S) AND ADDRESS: Director, Federal Bureau of Investigation, 10th and Pennsylvania Avenue NW., Washington, DC 20535. NOTIFICATION PROCEDURE: This system of records has been exempted from subsections (d) and (e)(4)(G) pursuant to subsections (j)(2), (k)(2), and (k)(5) of the Privacy Act. RECORD ACCESS PROCEDURE: This system of records has been exempted from subsections (d) and (e)(4)(H) pursuant to subsections (j)(2), (k)(2), and (k)(5) of the Privacy Act. However, pursuant to 28 CFR 15.30-34 and 20.34, an individual is permitted access to his identification record maintained in the Fingerprint Identification Records System and procedures are furnished for correcting or challenging alleged deficiencies appearing therein. CONTESTING RECORD PROCEDURE: Same as above. RECORD SOURCE CATEGORIES: Federal, State, and local agencies. See Categories of Individuals. SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: The Attorney General has exempted this system from subsections (c) (3) and (4); (d); (e) (1), (2), (3), (4) (G) and (H), (5) and (8); and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2). In addition, the Attorney General has exempted this system from (c)(3), (d), (e)(1), and (e)(4) (G) and (H), pursuant to (k)(2) and (k)(5). 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. 96-3678 Filed 2-16-96; 8:45 am] BILLING CODE 4410-02-M