[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]



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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 

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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