[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
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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