Privacy Act of 1974; Systems of Records, 7513-7518 [05-2777]
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Federal Register / Vol. 70, No. 29 / Monday, February 14, 2005 / Notices
INTERNATIONAL TRADE
COMMISSION
DEPARTMENT OF JUSTICE
[Investigation No. 337–TA–529]
Privacy Act of 1974; Systems of
Records
[AAG/A Order No. 001–2005]
Certain Digital Processors, Digital
Processing Systems, Components
Thereof, and Products Containing
Same
Federal Bureau of
Investigation, Department of Justice.
ACTION: Notice.
AGENCY:
United States International
Trade Commission.
AGENCY:
Correction notice for the subject
investigation.
ACTION:
SUMMARY: On January 6, 2005, the
Commission published in the Federal
Register (70 FR 1277) a notice of
investigation of certain digital
processors, digital processing systems,
components thereof, and products
containing same under Section 337 of
the Tariff Act of 1930, as amended (19
U.S.C. 1337). The Commission gives
notice of the following needed
corrections to the above mentioned
notice: (1) In the section labeled
SUMMARY, U.S. Patent No. ‘‘4,487,755’’
should read ‘‘4,847,755,’’ and U.S.
Patent No. ‘‘5,021,954’’ should read
‘‘5,021,945;’’ and (2) in the section
labeled Scope of Investigation, U.S.
Patent No. ‘‘4,487,755’’ should read
‘‘4,847,755,’’ and U.S. Patent No.
‘‘5,021,954’’ should read ‘‘5,021,945.’’
EFFECTIVE DATE:
January 6, 2005.
FOR FURTHER INFORMATION CONTACT:
Benjamin D. M. Wood, Esq. (202–205–
2582), U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436. Hearingimpaired persons can obtain
information on this matter by contacting
the Commission’s TDD terminal on 202–
205–1810. Persons with mobility
impairments who will need special
assistance in gaining access to the
Commission should contact the Office
of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its Internet server at https://
www.usitc.gov. The public record for
this investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
Issued: February 9, 2005.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05–2805 Filed 2–11–05; 8:45 am]
BILLING CODE 7020–02–P
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SUMMARY: Pursuant to the Privacy Act of
1974 (5 U.S.C. 552a), and Office of
Management and Budget (OMB)
Circular No. A–130, notice is hereby
given that the Department of Justice,
Federal Bureau of Investigation (FBI), is
modifying the following systems of
records:
Bureau Mailing Lists, Justice/FBI–003
(previously published on June 22, 2001
at 66 FR 33560);
Electronic Surveillance (ELSUR)
Indices, Justice/FBI–006 (previously
published on June 22, 2001 at 66 FR
33560);
Security Access Control System
(SACS), Justice/FBI–013 (previously
published on October 3, 1993 at 58 FR
51877); and
Blanket Routine Uses (BRU)
Applicable to More Than One FBI
Privacy Act System of Records, Justice/
FBI–BRU (previously published on June
22, 2001 at 66 FR 33558).
Opportunity for Comment: The
Privacy Act (5 U.S.C. 552a(e)(4) and
(11)) requires that the public be given 30
days in which to comment on any new
or amended uses of information in a
system of records. In addition, in
accordance with Privacy Act
requirements (5 U.S.C. 552a(r)), the
Department of Justice has provided a
report on these modifications to OMB
and the Congress. 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 Privacy Act systems.
Therefore, the public, OMB, and the
Congress are invited to submit written
comments on this modification.
Address Comments or Requests for
Further Information to: Mary E. Cahill,
Management Analyst, Management and
Planning Staff, Justice Management
Division, Department of Justice, 1400
National Place, Washington, DC 20530.
DATES: These proposed changes will be
effective March 28, 2005, unless
comments are received that result in a
contrary determination.
SUPPLEMENTARY INFORMATION: The FBI is
modifying the Bureau Mailing Lists,
ELSUR, and SACS system of records
notices and the BRU notice to clarify
and update them. The Bureau Mailing
Lists system notice is being modified to
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clarify the categories of individuals
covered by the system and the
categories of records in the system.
The SACS notice is being modified to
expand the system location, to clarify
the categories of individuals covered by
the system and the categories of records
in the system, to explain the routine
uses that apply to this system, and to
revise the policies and practices for
storing, retrieving, accessing, retaining
and disposing of records in the system.
The FBI has also made minor
amendments to correct typographical
errors in both notices. Additionally,
further explanation in the ‘‘Purpose’’
section has also been made to both
notices.
The ELSUR system notice is being
revised to expand the categories of
individuals covered by the system to
include the names of the judge and the
prosecuting attorney in the application
and the Department of Justice official
who reviewed the affidavit and
approved the filing of the application
with the court.
The BRU notice is being revised to
add five routine uses which, like the
other blanket routine uses, will apply to
all systems of records (with the
exception of the National DNA Index
System and the National Instant
Criminal Background Check System).
These routine uses permit disclosures to
the White House and to complainants/
victims, and disclosures involving
hiring, clearances, or licensing, and
have been published by the Department
of Justice for some of its other systems.
The Bureau Mailing Lists, SACS and
ELSUR systems are being republished to
reflect these changes. A description of
the modification to the three systems of
records is attached.
Dated: February 4, 2005.
Paul R. Corts,
Assistant Attorney General for
Administration.
JUSTICE/FBI–003
SYSTEM NAME:
Bureau Mailing Lists.
SYSTEM LOCATION:
Records may be maintained at all
locations at which the Federal Bureau of
Investigation (FBI) operates, including:
J. Edgar Hoover FBI Bldg., 935
Pennsylvania Ave., NW., Washington,
DC 20535; FBI Academy and FBI
Laboratory, Quantico, VA 22135; FBI
Criminal Justice Information Services
(CJIS) Division, 1000 Custer Hollow Rd.,
Clarksburg, WV 26306; and FBI field
offices, legal attaches, and information
technology centers as listed on the FBI’s
Internet Web site, https://www.fbi.gov,
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including any future revisions to the
Web site.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
All persons appearing on manual or
electronic rolodexes, e-mail address
groups, electronic merge files, address
books, or other mailing lists maintained
in any medium throughout the FBI to
facilitate mailings, electronic
disseminations, or other
communications to one or more
recipients in furtherance of FBI
activities. These include persons who
have requested Bureau material, persons
who are routinely forwarded unsolicited
Bureau material and who meet
established criteria (generally law
enforcement or closely related interests),
and persons who may be in a position
to furnish assistance in furtherance of
the FBI’s mission. These do not include
persons on mailing lists not
encompassed within this system as
described in the section titled
‘‘Categories of Records in the System.’’
CATEGORIES OF RECORDS IN THE SYSTEM:
established for FBI records systems. See
Blanket Routine Uses (BRU) Applicable
to More Than One FBI Privacy Act
System of Records, Justice/FBI–BRU,
published on June 22, 2001 at 66 Fed.
Reg. 33558 and amended in today’s
Federal Register (and any future
revisions).
In addition, as a routine use specific
to this system, the FBI may disclose
relevant system records to the following
persons or entities under the
circumstances or for the purposes
described below, to the extent such
disclosures are compatible with the
purpose for which the information was
collected. (Routine uses are not meant to
be mutually exclusive and may overlap
in some cases.)
To a federal, state, local, joint, tribal,
foreign, international, or other public
agency/organization, where such
disclosure serves law enforcement
interests. By way of example and not
limitation, such disclosures may for
instance include: Sharing names of law
enforcement professionals receiving FBI
periodicals with law enforcement
agencies interested in reaching a similar
audience; sharing information of
intelligence value with other law
enforcement or intelligence agencies to
whose lawful responsibilities the
information may be germane; or sharing
information pertinent to victim/witness
assistance with local government
entities in furtherance of such
assistance.
Records may include names,
addresses, telephone numbers, e-mail or
internet addresses, business affiliation,
and supplemental information related to
addressees and relevant to a list’s
purpose. These do not, however,
include mailing lists which have been
incorporated into some other FBI
records system, such as a mailing list
supporting a particular investigation
maintained as an investigative record
within the FBI’s Central Records
System.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
STORAGE:
Title 5, United States Code, section
301; title 44, United States Code, section
3101; title 28, United States Code,
section 533; and title 28, Code of
Federal Regulations, section 0.85.
Most information is maintained in
computerized form and stored in
memory, on disk storage, on computer
tape, or other computer media.
However, some information may also be
maintained in hard copy (paper) or
other form.
PURPOSE(S):
System records are used for
disseminating FBI material to one or
more addressees, via hard copy, e-mail,
or other means of distribution, in
furtherance of FBI activities. For
example, various fugitive alerts are
furnished to local law enforcement
agencies, investigation periodicals are
provided to law enforcement
professionals, and information on local
law enforcement issues may be
provided to community leaders.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
The FBI may disclose relevant system
records in accordance with any current
or future blanket routine uses
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RETRIEVABILITY:
Information typically will be retrieved
by an ID number assigned by computer
or by name of person or organization.
SAFEGUARDS:
System records are maintained in
limited access space in FBI facilities and
offices. Computerized data is password
protected. All FBI personnel are
required to pass an extensive
background investigation. The
information is accessed only by
authorized DOJ personnel or by nonDOJ personnel properly authorized to
assist in the conduct of an agency
function related to these records.
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RETENTION AND DISPOSAL:
FBI offices revise the lists as
necessary. The records are destroyed,
under authority granted by the National
Archives and Records Administration,
when administrative needs are satisfied.
SYSTEM MANAGER(S) AND ADDRESS:
Director, FBI, 935 Pennsylvania Ave.,
NW., Washington, DC 20535–0001.
NOTIFICATION PROCEDURES:
Same as Record Access Procedures.
RECORD ACCESS PROCEDURES:
A request for access to a record from
the system shall be made in writing
with the envelope and the letter clearly
marked ‘‘Privacy Act Request’’. Include
in the request your full name and
complete address. The requester must
sign the request; and, to verify it, the
signature must be notarized or
submitted under 28 U.S.C. 1746, a law
that permits statements to be made
under penalty of perjury as a substitute
for notarization. You may submit any
other identifying data you wish to
furnish to assist in making a proper
search of the system. Requests for access
to information maintained at FBI
Headquarters must be addressed to the
Record/Information Dissemination
Section, Federal Bureau of Investigation,
935 Pennsylvania Ave., NW.,
Washington, DC 20535–0001. Requests
for information maintained at FBI field
offices, legal attaches, information
technology centers, or other locations
must be made separately and addressed
to the specific field office, legal attache,
information technology center, or other
location as listed on the FBI’s Internet
Web site, https://www.fbi.gov, including
any future revisions to the Web site.
CONTESTING RECORD PROCEDURES:
Individuals desiring to contest or
amend information maintained in the
system should also direct their request
to the appropriate FBI office, stating
clearly and concisely what information
is being contested, the reasons for
contesting it, and the proposed
amendment to the information sought.
RECORD SOURCE CATEGORIES:
The mailing list information is based
on information supplied by affected
individuals/organizations, public source
data, and/or information already in
other FBI records systems.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
JUSTICE/FBI–006
SYSTEM NAME:
Electronic Surveillance (ELSUR)
Indices.
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SYSTEM LOCATION:
Records may be maintained at all
locations at which the Federal Bureau of
Investigation (FBI) operates, including:
J. Edgar Hoover FBI Bldg., 935
Pennsylvania Ave., NW., Washington,
DC 20535; FBI Academy and FBI
Laboratory, Quantico, VA 22135; FBI
Criminal Justice Information Services
(CJIS) Division, 1000 Custer Hollow Rd.,
Clarksburg, WV 26306; FBI field offices,
legal attaches, and information
technology centers as listed on the FBI’s
Internet Web site, https://www.fbi.gov,
including any future revisions to the
Web site.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals and entities who have
been the targets of electronic
surveillance coverage sought,
conducted, or administered by the FBI
pursuant to a court order, consensual
monitoring, or other authority; those
who have been a party to a
communication or present in a locale
monitored/recorded electronically
pursuant to such electronic
surveillance; those who own, lease,
license, hold a possessory interest in, or
commonly use the property or location
subjected to such electronic
surveillance; and those involved in the
administration of the electronic
surveillance, for example, the judge
issuing or denying an order for an
electronic surveillance application, the
prosecuting attorney, and the officials
who authorized the filing of the
application.
CATEGORIES OF RECORDS IN THE SYSTEM:
The ELSUR Indices are comprised of
four types of records:
1. Principal records identify, by true
name or best known name, all persons,
entities, and facilities who have been
the targets of electronic surveillance
coverage sought, conducted, or
administered by the FBI pursuant to a
court order or other authority. These
records include, but are not limited to,
persons, entities, and facilities named in
an application filed in support of an
affidavit seeking a court order to
conduct or administer an electronic
surveillance. Principal records may also
include descriptive data associated with
the name appearing on the record.
2. Proprietary-interest records identify
entities and/or individuals who own,
lease, license, hold a possessory interest
in, or commonly use the property or
location subjected to an electronic
surveillance. Proprietary interest
records may identify individuals
involved in the administration of the
electronic surveillance; for example, the
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judge issuing or denying an order for an
electronic surveillance application, the
prosecuting attorney, the officials who
authorized the filing of the application.
Proprietary-interest records may also
include descriptive data associated with
the name appearing on the record.
3. Intercept records identify, by true
name or best known name, individuals
who have been reasonably identified by
a first name or initial and a last name
as being a party to a communication
monitored/recorded electronically
pursuant to an electronic surveillance.
Intercept records also identify entities
that have been a party to a
communication or present in a locale
monitored/recorded electronically
pursuant to an electronic surveillance.
Intercept records may include
descriptive data associated with the
name appearing on the record.
4. Reference records identify, by
partial name, such as a first name only,
last name only, code name, nickname,
or alias those individuals who have
been a party to a communication or
present in a locale monitored/recorded
electronically pursuant to an electronic
surveillance, and may include
descriptive data associated with the
individual. If the individual is later
identified by a more complete name,
e.g., through further monitoring or
normal investigative procedures, the
reference record is re-entered as an
intercept record.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The ELSUR Indices were initiated in
October, 1966, at the recommendation
of the Department of Justice and relate
to electronic surveillance sought,
administered, and/or conducted by the
FBI since January 1, 1960. The authority
for the maintenance of these records is
title 5, United States Code, section 301;
title 44, United States Code, section
3101; title 18, United States Code,
section 2510, et seq.; title 18, United
States Code, section 3504; title 28,
United States Code, section 533; title 50,
United States Code 1801, et seq.; and
title 28, Code of Federal Regulations,
section 0.85.
PURPOSE(S):
These records are used by the FBI to
maintain certain information regarding
electronic surveillance sought,
conducted or administered by the FBI in
order to permit the agency to respond to
judicial inquiries about possible
electronic surveillance coverage of any
individual or entity, and to enable the
Government to certify, as requested by
federal, state or local law enforcement
agencies, whether or not an individual,
entity, facility, or place on whom a
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court ordered authority is being sought
for electronic surveillance coverage has
ever been subjected to electronic
surveillance coverage in the past.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
The FBI may disclose relevant system
records in accordance with any current
and future blanket routine uses
established for FBI records systems. See
Blanket Routine Uses (BRU) Applicable
to More Than One FBI Privacy Act
System of Records, Justice/FBI–BRU,
published on June 22, 2001 at 66 FR
33558 and amended in today’s Federal
Register (and any future revisions).
In addition, as routine uses specific to
this system, the FBI may disclose
relevant system records to the following
persons or entities under the
circumstances or for the purposes
described below, to the extent such
disclosures are compatible with the
purpose for which the information was
collected. (Routine uses are not meant to
be mutually exclusive and may overlap
in some cases.)
A. To the judiciary in response to
inquiries about possible electronic
surveillance coverage of any individual
or entity.
B. To federal, state, local and tribal
law enforcement officers to enable the
government to certify whether or not an
individual, entity, facility, or place on
whom a court ordered authority is being
sought for electronic surveillance
coverage has ever been subjected to
electronic surveillance coverage in the
past.
C. To a federal, state, local, joint,
tribal, foreign, international, or other
public agency/organization, where such
disclosure serves a law enforcement
purpose, such as sharing information of
intelligence value with other law
enforcement or intelligence agencies to
whose lawful responsibilities the
information may be germane.
D. To any person or entity in either
the public or private sector, domestic or
foreign, if deemed by the FBI to be
reasonably necessary in eliciting
information or cooperation from the
recipient for use by the FBI in the
performance of an authorized function,
e.g., disclosure of personal information
to a member of the public in order to
elicit his/her assistance/cooperation in a
criminal, security, or employment
background investigation.
E. To any person or entity in either
the public or private sector, domestic or
foreign, where there is reason to believe
that a person or entity could become the
target of a particular criminal activity or
conspiracy, to the extent the disclosure
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of information is deemed by the FBI to
be reasonable and relevant to the
protection of life, health, or property of
such target.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The majority of the records are
maintained in an automated data base.
Some records are maintained in hardcopy (paper) format or other form.
RETRIEVABILITY:
Information typically will be retrieved
by the name of the individual or entity.
Telephone numbers and other such
serial or identification numbers are
retrievable numerically. Locations
targeted are retrievable by street name.
SAFEGUARDS:
System records are maintained in
limited access space in FBI facilities and
offices. Computerized data is password
protected. All FBI personnel are
required to pass an extensive
background investigation. The
information is accessed only by
authorized DOJ personnel or by nonDOJ personnel properly authorized to
assist in the conduct of an agency
function related to these records.
RETENTION AND DISPOSAL:
A reference record is purged if the
individual is later identified by a more
complete name and converted to an
intercept record. Remaining reference
records are purged from the system as
follows. Those relating to court ordered
electronic surveillance are purged six
months from the date the corresponding
authorization for the surveillance
expires. Reference records relating to
consensual intercepts are purged one
year from the last intercept date shown
on the record. Until advised to the
contrary by the Department of Justice,
the courts, or applicable legislation, all
other indices records will be maintained
indefinitely and have been declared
permanent by the National Archives and
Records Administration (NARA) (Job
No. NC1–65–82–4, Part E, item 2(t)).
SYSTEM MANAGER(S) AND ADDRESS:
Director, Federal Bureau of
Investigation, 935 Pennsylvania
Avenue, NW., Washington, DC 20535.
NOTIFICATION PROCEDURE:
Same as Record Access Procedures.
in writing with the envelope and the
letter clearly marked ‘‘Privacy Act
Request.’’ Include in the request your
full name and complete address. The
requester must sign the request; and, to
verify it, the signature must be notarized
or submitted under 28 U.S.C. 1746, a
law that permits statements to be made
under penalty of perjury as a substitute
for notarization. You may submit any
other identifying data you wish to
furnish to assist in making a proper
search of the system. Requests for access
to information maintained at FBI
Headquarters must be addressed to the
Record/Information Dissemination
Section, Federal Bureau of Investigation,
935 Pennsylvania Avenue, NW.,
Washington, DC 20535–0001. Requests
for information maintained at FBI field
offices, information technology centers,
or other locations must be made
separately and addressed to the specific
field office, information technology
center, or other location as listed on the
FBI’s Internet Web site, https://
www.fbi.gov, including any future
revisions to the Web site.
Some information may be exempt
from notification and/or access
procedures as described in the section
titled ‘‘Exemptions Claimed for the
System.’’ An individual who is the
subject of one or more records in this
system may be notified of records that
are not exempt from notification and
may access those records that are not
exempt from disclosure. A
determination on notification and
access will be made at the time a request
is received.
CONTESTING RECORD PROCEDURES:
If you desire to contest or amend
information maintained in the system,
you should also direct your request to
the appropriate FBI office, stating
clearly and concisely what information
is being contested, the reasons for
contesting it, and the proposed
amendment to the information sought.
Some information may be exempt
from contesting record procedures as
described in the section titled
‘‘Exemptions Claimed for the System.’’
An individual who is the subject of one
or more records in this system may
contest and pursue amendment of those
records that are not exempt. A
determination whether a record may be
subject to amendment will be made at
the time a request is received.
RECORD ACCESS PROCEDURES:
RECORD SOURCE CATEGORIES:
A request for notification as to
whether a record about an individual
exists in the system and/or for access to
a record from the system shall be made
Information in the indices is derived
from electronic surveillance, public
source information, and other FBI
record systems.
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EXEMPTIONS CLAIMED FOR THE SYSTEM:
The Attorney General has exempted
this system from subsections (c)(3) and
(4), (d), (e)(1), (2) and (3), (e)(4)(G)
and(H), (e)(5) and (8), (f), (g) and (m) of
the Privacy Act pursuant to 5 U.S.C.
552a(j). Rules have been promulgated in
accordance with the requirements of 5
U.S.C. 553(b), (c) and (e), have been
published in the Federal Register, and
are codified at 28 CFR 16.96(c) and (d).
JUSTICE/FBI–013
SYSTEM NAME:
Security Access Control System
(SACS).
SYSTEM LOCATION:
Records may be located at all
locations at which the Federal Bureau of
Investigation (FBI) operates, including:
J. Edgar Hoover FBI Building, 935
Pennsylvania Ave., NW., Washington,
DC 20535; FBI Academy and FBI
Laboratory, Quantico, VA 22135; FBI
Criminal Justice Information Services
(CJIS) Division, 1000 Custer Hollow Rd.,
Clarksburg, WV 26306; FBI field offices,
legal attaches, and information
technology centers as listed on the FBI’s
Internet Web site, https://www.fbi.gov,
including any future revisions to the
Web site.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
All individuals who have applied for,
sought, been considered for, attempted
and/or obtained access to the J. Edgar
Hoover FBI Building, FBI field offices,
CJIS West Virginia Complex, FBI
Academy, FBI Laboratory, legal
attaches, information technology centers
or other locations where the FBI
operates, or to FBI vehicles, property or
equipment, including: current and
former FBI employees, contractors,
vendors, grantees, experts, consultants,
task force personnel, volunteers,
detailees, visitors, and other non-FBI
employees. May also include persons
identified as employers, sponsors,
references, or contacts for the above
individuals.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records may include: names; social
security numbers; dates of birth;
physical descriptions; badge numbers;
information on employer, sponsor,
contacts, and/or references; home and/
or business addresses and phone
numbers; dates and times of entry, exit,
and/or passage through control points;
fingerprints, photographs, videos,
electronic images, signatures, and other
biometric identifiers; vehicle
identification data; purpose of visit and
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person visited and/or other related
information.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Executive Order 12958, as amended
13292, Title 5 U.S.C. 552a(e)(10); title 44
U.S.C. chapters 21 and 33. These
statutes, as well as the Executive Orders,
are directed toward security of United
States Government records maintained
by federal agencies. Title 40 U.S.C.
chapter 318a; and Title 41 CFR 102–
81.10 and 81.15. This statute and the
federal regulations are directed toward
security of United States Government
buildings and the people therein.
PURPOSE(S):
System records are necessary to
maintain the security of the personnel
and locations at which the FBI operates,
and of FBI records, vehicles, property
and equipment, and are used to
determine eligibility and/or the status of
individuals who have applied for,
sought, been considered for, attempted
and/or obtained such access. System
records are also used to maintain
control of badges issued for access to
locations where the FBI operates and to
Bureau vehicles, property or equipment.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
The FBI may disclose relevant system
records in accordance with any current
or future blanket routine uses
established for FBI records systems. See
Blanket Routine Uses (BRU) Applicable
to More Than One FBI Privacy Act
System of Records, Justice/FBI–BRU,
published on June 22, 2001 at 66 FR
33558 and amended in today’s Federal
Register (and any future revisions).
In addition, as routine uses specific to
this system, the FBI may disclose
relevant system records to the following
persons or entities under the
circumstances or for the purposes
described below, to the extent such
disclosures are compatible with the
purpose for which the information was
collected. (Routine uses are not meant to
be mutually exclusive and may overlap
in some cases.)
A. To a federal, state, local, joint,
tribal, foreign, international, or other
public agency/organization, where such
disclosure serves a law enforcement
purpose, such as sharing information of
intelligence value with other law
enforcement or intelligence agencies to
whose lawful responsibilities the
information may be germane.
B. To any person or entity in either
the public or private sector, domestic or
foreign, if deemed by the FBI to be
reasonably necessary in eliciting
VerDate jul<14>2003
15:28 Feb 11, 2005
Jkt 205001
information or cooperation from the
recipient for use by the FBI in furthering
the purposes of the system, e.g.,
disclosure of personal identifying
information to an associate or employer
of a person to confirm the person’s
identity, suitability, and reason for
access to an FBI facility.
7517
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
Headquarters must be addressed to the
Record/Information Dissemination
Section, Federal Bureau of Investigation,
935 Pennsylvania Ave., NW.,
Washington, DC 20535–0001. Requests
for information maintained at other FBI
locations must be made separately and
addressed to the specific location as
listed on the FBI’s Internet Web site,
https://www.fbi.gov, including any future
revisions to the Web site.
STORAGE:
CONTESTING RECORD PROCEDURES:
Most information is maintained in
computerized form and stored in
memory, on disk storage, on computer
tape, or other computer media.
However, some information may also be
maintained in hard copy (paper) or
other form.
Individuals desiring to contest or
amend information maintained in the
system should also direct their request
to the appropriate FBI location, stating
clearly and concisely what information
is being contested, the reasons for
contesting it, and the proposed
amendment to the information sought.
RETRIEVABILITY:
Information is typically retrieved by
name of the individual, other personal
identifiers, or by access badge number.
RECORD SOURCE CATEGORIES:
SAFEGUARDS:
EXEMPTIONS CLAIMED FOR THE SYSTEM:
System records are maintained in
limited access space in FBI controlled
facilities and offices. Computerized data
is password protected. All FBI
personnel are required to pass an
extensive background investigation. The
information is accessed only by
authorized DOJ personnel or by nonDOJ personnel properly authorized to
assist in the conduct of an agency
function related to these records.
RETENTION AND DISPOSAL:
System records in all formats are
maintained and disposed of in
accordance with appropriate authority
of the National Archives and Records
Administration.
SYSTEM MANAGER(S) AND ADDRESS:
Director, FBI, 935 Pennsylvania Ave.,
NW., Washington, DC 20535–0001.
See Categories of Individuals Covered
by The System.
None.
JUSTICE/FBI–BRU
SUBJECT:
Blanket Routine Uses (BRU)
Applicable to More Than One FBI
Privacy Act System of Records.
ACTION:
The system notice published in the
Federal Register on June 22, 2001 (66
FR 22559), is amended as follows:
In the section titled ‘‘Routine Uses of
Records Maintained in FBI Systems,
Including Categories of Users and the
Purposes of Such Uses,’’ the section is
amended by making minor corrections
to BRU–2 and BRU–8, and by adding
BRU–11, BRU–12, BRU–13, BRU–14,
and BRU–15 directly after the
description of BRU–10, so that the
section reads as follows:
NOTIFICATION PROCEDURES:
Same as Record Access Procedures.
RECORD ACCESS PROCEDURES:
A request for access to a record from
the system shall be made in writing
with the envelope and the letter clearly
marked ‘‘Privacy Act Request’’. Include
in the request your full name and
complete address. The requester must
sign the request; and, to verify it, the
signature must be notarized or
submitted under 28 U.S.C. 1746, a law
that permits statements to be made
under penalty of perjury as a substitute
for notarization. You may submit any
other identifying data you wish to
furnish to assist in making a proper
search of the system. Requests for access
to information maintained at FBI
PO 00000
Frm 00050
Fmt 4703
Sfmt 4703
ROUTINE USES OF RECORDS MAINTAINED IN FBI
SYSTEMS, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
*
*
*
*
*
BRU–2. Non-FBI Employees. To
contractors, grantees, experts,
consultants, students, or others
performing or working on a contract,
service, grant, cooperative agreement, or
other assignment for the Federal
Government, when necessary to
accomplish an agency function.
*
*
*
*
*
BRU–8. National Archives and
Records Administration (NARA)
Records Management. To the National
Archives and Records Administration
(NARA) for records management
inspections and such other purposes
E:\FR\FM\14FEN1.SGM
14FEN1
7518
Federal Register / Vol. 70, No. 29 / Monday, February 14, 2005 / Notices
conducted under the authority of 44
U.S.C. 2904 and 2906.
*
*
*
*
*
BRU–11. The White House. To the
White House (the President, Vice
President, their staffs, and other entities
of the Executive Office of the President
(EOP)), and, during Presidential
transitions, the President-Elect and
Vice-President Elect and their designees
for appointment, employment, security,
and access purposes compatible with
the purposes for which the records were
collected by the FBI, e.g., disclosure of
information to assist the White House in
making a determination whether an
individual should be: (1) granted,
denied, or permitted to continue in
employment on the White House Staff;
(2) given a Presidential appointment or
Presidential recognition; (3) provided
access, or continued access, to classified
or sensitive information; or (4)
permitted access, or continued access,
to personnel or facilities of the White
House/EOP complex. System records
may be disclosed also to the White
House and, during Presidential
transitions, to the President Elect and
Vice-President Elect and their
designees, for Executive Branch
coordination of activities which relate to
or have an effect upon the carrying out
of the constitutional, statutory, or other
official or ceremonial duties of the
President, President Elect, VicePresident or Vice-President Elect.
BRU–12. Complainants and Victims.
To complainants and/or victims to the
extent deemed appropriate by the FBI to
provide such persons with information
and explanations concerning the
progress and/or results of the
investigations or cases arising from the
matters of which they complained and/
or of which they were victims.
BRU–13. To appropriate officials and
employees of a federal agency or entity
which requires information relevant to a
decision concerning the hiring,
appointment, or retention of an
employee; the issuance, renewal,
suspension, or revocation of a security
clearance; the execution of a security or
suitability investigation; the letting of a
contract; or the issuance of a grant or
benefit.
BRU–14. To federal, state, local,
tribal, foreign, or international licensing
agencies or associations which require
information concerning the suitability
or eligibility of an individual for a
license or permit.
BRU–15. To designated officers and
employees of state, local (including the
District of Columbia), or tribal law
enforcement or detention agencies in
connection with the hiring or continued
VerDate jul<14>2003
15:28 Feb 11, 2005
Jkt 205001
employment of an employee or
contractor, where the employee or
contractor would occupy or occupies a
position of public trust as a law
enforcement officer or detention officer
having direct contact with the public or
with prisoners or detainees, to the
extent that the information is relevant
and necessary to the recipient agency’s
decision.
[FR Doc. 05–2777 Filed 2–11–05; 8:45 am]
BILLING CODE 4410–02–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Agency Information Collection
Activities: Proposed Collection;
Comments Requested
30-day notice of information
collection under review, Import/Export
Declaration: Precursor and Essential
Chemicals—DEA Form 486.
ACTION:
The Department of Justice (DOJ), Drug
Enforcement Administration (DEA) has
submitted the following information
collection request to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995.
The proposed information collection is
published to obtain comments from the
public and affected agencies. This
proposed information collection was
previously published in the Federal
Register volume 69, number 213, page
64322 on November 4, 2004, allowing
for a 60 day comment period.
The purpose of this notice is to allow
for an additional 30 days for public
comment until March 16, 2005. This
process is conducted in accordance with
5 CFR 1320.10.
Written comments and/or suggestions
regarding the items contained in this
notice, especially the estimated public
burden and associated response time,
should be directed to the Office of
Management and Budget, Office of
Information and Regulatory Affairs,
Attention Department of Justice Desk
Officer, Washington, DC 20503.
Additionally, comments may be
submitted to OMB via facsimile to (202)
395–5806. Written comments and
suggestions from the public and affected
agencies concerning the proposed
collection of information are
encouraged. Your comments should
address one or more of the following
four points:
—Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
PO 00000
Frm 00051
Fmt 4703
Sfmt 4703
whether the information will have
practical utility;
—Evaluate the accuracy of the agencies
estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
—Enhance the quality, utility, and
clarity of the information to be
collected; and
—Minimize the burden of the collection
of information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms
of information technology, e.g.,
permitting electronic submission of
responses.
Overview of This Information
Collection
(1) Type of Information Collection:
Extension of a currently approved
collection.
(2) Title of the Form/Collection:
Import/Export Declaration: Precursor
and Essential Chemicals—DEA Form
486.
(3) Agency form number, if any, and
the applicable component of the
Department sponsoring the collection:
Form Number: DEA Form 486. Office of
Diversion Control, Drug Enforcement
Administration, Department of Justice.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Business or other forprofit. Other: None. Abstract: The
Chemical Diversion and Trafficking Act
of 1988 requires those persons who
import/export certain chemicals to
notify DEA 15 days prior to shipment.
The information will be used to prevent
shipments not intended for legitimate
purposes.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond/reply: DEA Form 486: The
estimated total number of respondents
is 333. DEA estimates that 223 persons
will submit the DEA Form 486 as
needed to report imports and exports of
listed chemicals within approximately
12 minutes to complete DEA Form 486.
DEA estimates that 110 persons will
submit quarterly reports regarding
imports of acetone, 2-Butanone, and
toluene, within approximately 30
minutes to complete each quarterly
report.
(6) An estimate of the total public
burden (in hours) associated with the
collection: There are an estimated 1,500
burden hours associated with this
collection.
If additional information is required
contact: Brenda E. Dyer, Department
E:\FR\FM\14FEN1.SGM
14FEN1
]]>Agencies
[Federal Register Volume 70, Number 29 (Monday, February 14, 2005)]
[Notices]
[Pages 7513-7518]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2777]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
[AAG/A Order No. 001-2005]
Privacy Act of 1974; Systems of Records
AGENCY: Federal Bureau of Investigation, Department of Justice.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), and
Office of Management and Budget (OMB) Circular No. A-130, notice is
hereby given that the Department of Justice, Federal Bureau of
Investigation (FBI), is modifying the following systems of records:
Bureau Mailing Lists, Justice/FBI-003 (previously published on June
22, 2001 at 66 FR 33560);
Electronic Surveillance (ELSUR) Indices, Justice/FBI-006
(previously published on June 22, 2001 at 66 FR 33560);
Security Access Control System (SACS), Justice/FBI-013 (previously
published on October 3, 1993 at 58 FR 51877); and
Blanket Routine Uses (BRU) Applicable to More Than One FBI Privacy
Act System of Records, Justice/FBI-BRU (previously published on June
22, 2001 at 66 FR 33558).
Opportunity for Comment: The Privacy Act (5 U.S.C. 552a(e)(4) and
(11)) requires that the public be given 30 days in which to comment on
any new or amended uses of information in a system of records. In
addition, in accordance with Privacy Act requirements (5 U.S.C.
552a(r)), the Department of Justice has provided a report on these
modifications to OMB and the Congress. 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 Privacy Act systems.
Therefore, the public, OMB, and the Congress are invited to submit
written comments on this modification.
Address Comments or Requests for Further Information to: Mary E.
Cahill, Management Analyst, Management and Planning Staff, Justice
Management Division, Department of Justice, 1400 National Place,
Washington, DC 20530.
DATES: These proposed changes will be effective March 28, 2005, unless
comments are received that result in a contrary determination.
SUPPLEMENTARY INFORMATION: The FBI is modifying the Bureau Mailing
Lists, ELSUR, and SACS system of records notices and the BRU notice to
clarify and update them. The Bureau Mailing Lists system notice is
being modified to clarify the categories of individuals covered by the
system and the categories of records in the system.
The SACS notice is being modified to expand the system location, to
clarify the categories of individuals covered by the system and the
categories of records in the system, to explain the routine uses that
apply to this system, and to revise the policies and practices for
storing, retrieving, accessing, retaining and disposing of records in
the system.
The FBI has also made minor amendments to correct typographical
errors in both notices. Additionally, further explanation in the
``Purpose'' section has also been made to both notices.
The ELSUR system notice is being revised to expand the categories
of individuals covered by the system to include the names of the judge
and the prosecuting attorney in the application and the Department of
Justice official who reviewed the affidavit and approved the filing of
the application with the court.
The BRU notice is being revised to add five routine uses which,
like the other blanket routine uses, will apply to all systems of
records (with the exception of the National DNA Index System and the
National Instant Criminal Background Check System). These routine uses
permit disclosures to the White House and to complainants/victims, and
disclosures involving hiring, clearances, or licensing, and have been
published by the Department of Justice for some of its other systems.
The Bureau Mailing Lists, SACS and ELSUR systems are being
republished to reflect these changes. A description of the modification
to the three systems of records is attached.
Dated: February 4, 2005.
Paul R. Corts,
Assistant Attorney General for Administration.
JUSTICE/FBI-003
SYSTEM NAME:
Bureau Mailing Lists.
SYSTEM LOCATION:
Records may be maintained at all locations at which the Federal
Bureau of Investigation (FBI) operates, including: J. Edgar Hoover FBI
Bldg., 935 Pennsylvania Ave., NW., Washington, DC 20535; FBI Academy
and FBI Laboratory, Quantico, VA 22135; FBI Criminal Justice
Information Services (CJIS) Division, 1000 Custer Hollow Rd.,
Clarksburg, WV 26306; and FBI field offices, legal attaches, and
information technology centers as listed on the FBI's Internet Web
site, https://www.fbi.gov,
[[Page 7514]]
including any future revisions to the Web site.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
All persons appearing on manual or electronic rolodexes, e-mail
address groups, electronic merge files, address books, or other mailing
lists maintained in any medium throughout the FBI to facilitate
mailings, electronic disseminations, or other communications to one or
more recipients in furtherance of FBI activities. These include persons
who have requested Bureau material, persons who are routinely forwarded
unsolicited Bureau material and who meet established criteria
(generally law enforcement or closely related interests), and persons
who may be in a position to furnish assistance in furtherance of the
FBI's mission. These do not include persons on mailing lists not
encompassed within this system as described in the section titled
``Categories of Records in the System.''
CATEGORIES OF RECORDS IN THE SYSTEM:
Records may include names, addresses, telephone numbers, e-mail or
internet addresses, business affiliation, and supplemental information
related to addressees and relevant to a list's purpose. These do not,
however, include mailing lists which have been incorporated into some
other FBI records system, such as a mailing list supporting a
particular investigation maintained as an investigative record within
the FBI's Central Records System.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title 5, United States Code, section 301; title 44, United States
Code, section 3101; title 28, United States Code, section 533; and
title 28, Code of Federal Regulations, section 0.85.
PURPOSE(S):
System records are used for disseminating FBI material to one or
more addressees, via hard copy, e-mail, or other means of distribution,
in furtherance of FBI activities. For example, various fugitive alerts
are furnished to local law enforcement agencies, investigation
periodicals are provided to law enforcement professionals, and
information on local law enforcement issues may be provided to
community leaders.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
The FBI may disclose relevant system records in accordance with any
current or future blanket routine uses established for FBI records
systems. See Blanket Routine Uses (BRU) Applicable to More Than One FBI
Privacy Act System of Records, Justice/FBI-BRU, published on June 22,
2001 at 66 Fed. Reg. 33558 and amended in today's Federal Register (and
any future revisions).
In addition, as a routine use specific to this system, the FBI may
disclose relevant system records to the following persons or entities
under the circumstances or for the purposes described below, to the
extent such disclosures are compatible with the purpose for which the
information was collected. (Routine uses are not meant to be mutually
exclusive and may overlap in some cases.)
To a federal, state, local, joint, tribal, foreign, international,
or other public agency/organization, where such disclosure serves law
enforcement interests. By way of example and not limitation, such
disclosures may for instance include: Sharing names of law enforcement
professionals receiving FBI periodicals with law enforcement agencies
interested in reaching a similar audience; sharing information of
intelligence value with other law enforcement or intelligence agencies
to whose lawful responsibilities the information may be germane; or
sharing information pertinent to victim/witness assistance with local
government entities in furtherance of such assistance.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Most information is maintained in computerized form and stored in
memory, on disk storage, on computer tape, or other computer media.
However, some information may also be maintained in hard copy (paper)
or other form.
RETRIEVABILITY:
Information typically will be retrieved by an ID number assigned by
computer or by name of person or organization.
SAFEGUARDS:
System records are maintained in limited access space in FBI
facilities and offices. Computerized data is password protected. All
FBI personnel are required to pass an extensive background
investigation. The information is accessed only by authorized DOJ
personnel or by non-DOJ personnel properly authorized to assist in the
conduct of an agency function related to these records.
RETENTION AND DISPOSAL:
FBI offices revise the lists as necessary. The records are
destroyed, under authority granted by the National Archives and Records
Administration, when administrative needs are satisfied.
SYSTEM MANAGER(S) AND ADDRESS:
Director, FBI, 935 Pennsylvania Ave., NW., Washington, DC 20535-
0001.
NOTIFICATION PROCEDURES:
Same as Record Access Procedures.
RECORD ACCESS PROCEDURES:
A request for access to a record from the system shall be made in
writing with the envelope and the letter clearly marked ``Privacy Act
Request''. Include in the request your full name and complete address.
The requester must sign the request; and, to verify it, the signature
must be notarized or submitted under 28 U.S.C. 1746, a law that permits
statements to be made under penalty of perjury as a substitute for
notarization. You may submit any other identifying data you wish to
furnish to assist in making a proper search of the system. Requests for
access to information maintained at FBI Headquarters must be addressed
to the Record/Information Dissemination Section, Federal Bureau of
Investigation, 935 Pennsylvania Ave., NW., Washington, DC 20535-0001.
Requests for information maintained at FBI field offices, legal
attaches, information technology centers, or other locations must be
made separately and addressed to the specific field office, legal
attache, information technology center, or other location as listed on
the FBI's Internet Web site, https://www.fbi.gov, including any future
revisions to the Web site.
CONTESTING RECORD PROCEDURES:
Individuals desiring to contest or amend information maintained in
the system should also direct their request to the appropriate FBI
office, stating clearly and concisely what information is being
contested, the reasons for contesting it, and the proposed amendment to
the information sought.
RECORD SOURCE CATEGORIES:
The mailing list information is based on information supplied by
affected individuals/organizations, public source data, and/or
information already in other FBI records systems.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
JUSTICE/FBI-006
SYSTEM NAME:
Electronic Surveillance (ELSUR) Indices.
[[Page 7515]]
SYSTEM LOCATION:
Records may be maintained at all locations at which the Federal
Bureau of Investigation (FBI) operates, including: J. Edgar Hoover FBI
Bldg., 935 Pennsylvania Ave., NW., Washington, DC 20535; FBI Academy
and FBI Laboratory, Quantico, VA 22135; FBI Criminal Justice
Information Services (CJIS) Division, 1000 Custer Hollow Rd.,
Clarksburg, WV 26306; FBI field offices, legal attaches, and
information technology centers as listed on the FBI's Internet Web
site, https://www.fbi.gov, including any future revisions to the Web
site.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals and entities who have been the targets of electronic
surveillance coverage sought, conducted, or administered by the FBI
pursuant to a court order, consensual monitoring, or other authority;
those who have been a party to a communication or present in a locale
monitored/recorded electronically pursuant to such electronic
surveillance; those who own, lease, license, hold a possessory interest
in, or commonly use the property or location subjected to such
electronic surveillance; and those involved in the administration of
the electronic surveillance, for example, the judge issuing or denying
an order for an electronic surveillance application, the prosecuting
attorney, and the officials who authorized the filing of the
application.
CATEGORIES OF RECORDS IN THE SYSTEM:
The ELSUR Indices are comprised of four types of records:
1. Principal records identify, by true name or best known name, all
persons, entities, and facilities who have been the targets of
electronic surveillance coverage sought, conducted, or administered by
the FBI pursuant to a court order or other authority. These records
include, but are not limited to, persons, entities, and facilities
named in an application filed in support of an affidavit seeking a
court order to conduct or administer an electronic surveillance.
Principal records may also include descriptive data associated with the
name appearing on the record.
2. Proprietary-interest records identify entities and/or
individuals who own, lease, license, hold a possessory interest in, or
commonly use the property or location subjected to an electronic
surveillance. Proprietary interest records may identify individuals
involved in the administration of the electronic surveillance; for
example, the judge issuing or denying an order for an electronic
surveillance application, the prosecuting attorney, the officials who
authorized the filing of the application. Proprietary-interest records
may also include descriptive data associated with the name appearing on
the record.
3. Intercept records identify, by true name or best known name,
individuals who have been reasonably identified by a first name or
initial and a last name as being a party to a communication monitored/
recorded electronically pursuant to an electronic surveillance.
Intercept records also identify entities that have been a party to a
communication or present in a locale monitored/recorded electronically
pursuant to an electronic surveillance. Intercept records may include
descriptive data associated with the name appearing on the record.
4. Reference records identify, by partial name, such as a first
name only, last name only, code name, nickname, or alias those
individuals who have been a party to a communication or present in a
locale monitored/recorded electronically pursuant to an electronic
surveillance, and may include descriptive data associated with the
individual. If the individual is later identified by a more complete
name, e.g., through further monitoring or normal investigative
procedures, the reference record is re-entered as an intercept record.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The ELSUR Indices were initiated in October, 1966, at the
recommendation of the Department of Justice and relate to electronic
surveillance sought, administered, and/or conducted by the FBI since
January 1, 1960. The authority for the maintenance of these records is
title 5, United States Code, section 301; title 44, United States Code,
section 3101; title 18, United States Code, section 2510, et seq.;
title 18, United States Code, section 3504; title 28, United States
Code, section 533; title 50, United States Code 1801, et seq.; and
title 28, Code of Federal Regulations, section 0.85.
PURPOSE(S):
These records are used by the FBI to maintain certain information
regarding electronic surveillance sought, conducted or administered by
the FBI in order to permit the agency to respond to judicial inquiries
about possible electronic surveillance coverage of any individual or
entity, and to enable the Government to certify, as requested by
federal, state or local law enforcement agencies, whether or not an
individual, entity, facility, or place on whom a court ordered
authority is being sought for electronic surveillance coverage has ever
been subjected to electronic surveillance coverage in the past.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
The FBI may disclose relevant system records in accordance with any
current and future blanket routine uses established for FBI records
systems. See Blanket Routine Uses (BRU) Applicable to More Than One FBI
Privacy Act System of Records, Justice/FBI-BRU, published on June 22,
2001 at 66 FR 33558 and amended in today's Federal Register (and any
future revisions).
In addition, as routine uses specific to this system, the FBI may
disclose relevant system records to the following persons or entities
under the circumstances or for the purposes described below, to the
extent such disclosures are compatible with the purpose for which the
information was collected. (Routine uses are not meant to be mutually
exclusive and may overlap in some cases.)
A. To the judiciary in response to inquiries about possible
electronic surveillance coverage of any individual or entity.
B. To federal, state, local and tribal law enforcement officers to
enable the government to certify whether or not an individual, entity,
facility, or place on whom a court ordered authority is being sought
for electronic surveillance coverage has ever been subjected to
electronic surveillance coverage in the past.
C. To a federal, state, local, joint, tribal, foreign,
international, or other public agency/organization, where such
disclosure serves a law enforcement purpose, such as sharing
information of intelligence value with other law enforcement or
intelligence agencies to whose lawful responsibilities the information
may be germane.
D. To any person or entity in either the public or private sector,
domestic or foreign, if deemed by the FBI to be reasonably necessary in
eliciting information or cooperation from the recipient for use by the
FBI in the performance of an authorized function, e.g., disclosure of
personal information to a member of the public in order to elicit his/
her assistance/cooperation in a criminal, security, or employment
background investigation.
E. To any person or entity in either the public or private sector,
domestic or foreign, where there is reason to believe that a person or
entity could become the target of a particular criminal activity or
conspiracy, to the extent the disclosure
[[Page 7516]]
of information is deemed by the FBI to be reasonable and relevant to
the protection of life, health, or property of such target.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The majority of the records are maintained in an automated data
base. Some records are maintained in hard-copy (paper) format or other
form.
RETRIEVABILITY:
Information typically will be retrieved by the name of the
individual or entity. Telephone numbers and other such serial or
identification numbers are retrievable numerically. Locations targeted
are retrievable by street name.
SAFEGUARDS:
System records are maintained in limited access space in FBI
facilities and offices. Computerized data is password protected. All
FBI personnel are required to pass an extensive background
investigation. The information is accessed only by authorized DOJ
personnel or by non-DOJ personnel properly authorized to assist in the
conduct of an agency function related to these records.
RETENTION AND DISPOSAL:
A reference record is purged if the individual is later identified
by a more complete name and converted to an intercept record. Remaining
reference records are purged from the system as follows. Those relating
to court ordered electronic surveillance are purged six months from the
date the corresponding authorization for the surveillance expires.
Reference records relating to consensual intercepts are purged one year
from the last intercept date shown on the record. Until advised to the
contrary by the Department of Justice, the courts, or applicable
legislation, all other indices records will be maintained indefinitely
and have been declared permanent by the National Archives and Records
Administration (NARA) (Job No. NC1-65-82-4, Part E, item 2(t)).
SYSTEM MANAGER(S) AND ADDRESS:
Director, Federal Bureau of Investigation, 935 Pennsylvania Avenue,
NW., Washington, DC 20535.
NOTIFICATION PROCEDURE:
Same as Record Access Procedures.
RECORD ACCESS PROCEDURES:
A request for notification as to whether a record about an
individual exists in the system and/or for access to a record from the
system shall be made in writing with the envelope and the letter
clearly marked ``Privacy Act Request.'' Include in the request your
full name and complete address. The requester must sign the request;
and, to verify it, the signature must be notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization. You may submit any other
identifying data you wish to furnish to assist in making a proper
search of the system. Requests for access to information maintained at
FBI Headquarters must be addressed to the Record/Information
Dissemination Section, Federal Bureau of Investigation, 935
Pennsylvania Avenue, NW., Washington, DC 20535-0001. Requests for
information maintained at FBI field offices, information technology
centers, or other locations must be made separately and addressed to
the specific field office, information technology center, or other
location as listed on the FBI's Internet Web site, https://www.fbi.gov,
including any future revisions to the Web site.
Some information may be exempt from notification and/or access
procedures as described in the section titled ``Exemptions Claimed for
the System.'' An individual who is the subject of one or more records
in this system may be notified of records that are not exempt from
notification and may access those records that are not exempt from
disclosure. A determination on notification and access will be made at
the time a request is received.
CONTESTING RECORD PROCEDURES:
If you desire to contest or amend information maintained in the
system, you should also direct your request to the appropriate FBI
office, stating clearly and concisely what information is being
contested, the reasons for contesting it, and the proposed amendment to
the information sought.
Some information may be exempt from contesting record procedures as
described in the section titled ``Exemptions Claimed for the System.''
An individual who is the subject of one or more records in this system
may contest and pursue amendment of those records that are not exempt.
A determination whether a record may be subject to amendment will be
made at the time a request is received.
RECORD SOURCE CATEGORIES:
Information in the indices is derived from electronic surveillance,
public source information, and other FBI record systems.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
The Attorney General has exempted this system from subsections
(c)(3) and (4), (d), (e)(1), (2) and (3), (e)(4)(G) and(H), (e)(5) and
(8), (f), (g) and (m) of the Privacy Act pursuant to 5 U.S.C. 552a(j).
Rules have been promulgated in accordance with the requirements of 5
U.S.C. 553(b), (c) and (e), have been published in the Federal
Register, and are codified at 28 CFR 16.96(c) and (d).
JUSTICE/FBI-013
SYSTEM NAME:
Security Access Control System (SACS).
SYSTEM LOCATION:
Records may be located at all locations at which the Federal Bureau
of Investigation (FBI) operates, including: J. Edgar Hoover FBI
Building, 935 Pennsylvania Ave., NW., Washington, DC 20535; FBI Academy
and FBI Laboratory, Quantico, VA 22135; FBI Criminal Justice
Information Services (CJIS) Division, 1000 Custer Hollow Rd.,
Clarksburg, WV 26306; FBI field offices, legal attaches, and
information technology centers as listed on the FBI's Internet Web
site, https://www.fbi.gov, including any future revisions to the Web
site.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
All individuals who have applied for, sought, been considered for,
attempted and/or obtained access to the J. Edgar Hoover FBI Building,
FBI field offices, CJIS West Virginia Complex, FBI Academy, FBI
Laboratory, legal attaches, information technology centers or other
locations where the FBI operates, or to FBI vehicles, property or
equipment, including: current and former FBI employees, contractors,
vendors, grantees, experts, consultants, task force personnel,
volunteers, detailees, visitors, and other non-FBI employees. May also
include persons identified as employers, sponsors, references, or
contacts for the above individuals.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records may include: names; social security numbers; dates of
birth; physical descriptions; badge numbers; information on employer,
sponsor, contacts, and/or references; home and/or business addresses
and phone numbers; dates and times of entry, exit, and/or passage
through control points; fingerprints, photographs, videos, electronic
images, signatures, and other biometric identifiers; vehicle
identification data; purpose of visit and
[[Page 7517]]
person visited and/or other related information.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Executive Order 12958, as amended 13292, Title 5 U.S.C.
552a(e)(10); title 44 U.S.C. chapters 21 and 33. These statutes, as
well as the Executive Orders, are directed toward security of United
States Government records maintained by federal agencies. Title 40
U.S.C. chapter 318a; and Title 41 CFR 102-81.10 and 81.15. This statute
and the federal regulations are directed toward security of United
States Government buildings and the people therein.
PURPOSE(S):
System records are necessary to maintain the security of the
personnel and locations at which the FBI operates, and of FBI records,
vehicles, property and equipment, and are used to determine eligibility
and/or the status of individuals who have applied for, sought, been
considered for, attempted and/or obtained such access. System records
are also used to maintain control of badges issued for access to
locations where the FBI operates and to Bureau vehicles, property or
equipment.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
The FBI may disclose relevant system records in accordance with any
current or future blanket routine uses established for FBI records
systems. See Blanket Routine Uses (BRU) Applicable to More Than One FBI
Privacy Act System of Records, Justice/FBI-BRU, published on June 22,
2001 at 66 FR 33558 and amended in today's Federal Register (and any
future revisions).
In addition, as routine uses specific to this system, the FBI may
disclose relevant system records to the following persons or entities
under the circumstances or for the purposes described below, to the
extent such disclosures are compatible with the purpose for which the
information was collected. (Routine uses are not meant to be mutually
exclusive and may overlap in some cases.)
A. To a federal, state, local, joint, tribal, foreign,
international, or other public agency/organization, where such
disclosure serves a law enforcement purpose, such as sharing
information of intelligence value with other law enforcement or
intelligence agencies to whose lawful responsibilities the information
may be germane.
B. To any person or entity in either the public or private sector,
domestic or foreign, if deemed by the FBI to be reasonably necessary in
eliciting information or cooperation from the recipient for use by the
FBI in furthering the purposes of the system, e.g., disclosure of
personal identifying information to an associate or employer of a
person to confirm the person's identity, suitability, and reason for
access to an FBI facility.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Most information is maintained in computerized form and stored in
memory, on disk storage, on computer tape, or other computer media.
However, some information may also be maintained in hard copy (paper)
or other form.
RETRIEVABILITY:
Information is typically retrieved by name of the individual, other
personal identifiers, or by access badge number.
SAFEGUARDS:
System records are maintained in limited access space in FBI
controlled facilities and offices. Computerized data is password
protected. All FBI personnel are required to pass an extensive
background investigation. The information is accessed only by
authorized DOJ personnel or by non-DOJ personnel properly authorized to
assist in the conduct of an agency function related to these records.
RETENTION AND DISPOSAL:
System records in all formats are maintained and disposed of in
accordance with appropriate authority of the National Archives and
Records Administration.
SYSTEM MANAGER(S) AND ADDRESS:
Director, FBI, 935 Pennsylvania Ave., NW., Washington, DC 20535-
0001.
NOTIFICATION PROCEDURES:
Same as Record Access Procedures.
RECORD ACCESS PROCEDURES:
A request for access to a record from the system shall be made in
writing with the envelope and the letter clearly marked ``Privacy Act
Request''. Include in the request your full name and complete address.
The requester must sign the request; and, to verify it, the signature
must be notarized or submitted under 28 U.S.C. 1746, a law that permits
statements to be made under penalty of perjury as a substitute for
notarization. You may submit any other identifying data you wish to
furnish to assist in making a proper search of the system. Requests for
access to information maintained at FBI Headquarters must be addressed
to the Record/Information Dissemination Section, Federal Bureau of
Investigation, 935 Pennsylvania Ave., NW., Washington, DC 20535-0001.
Requests for information maintained at other FBI locations must be made
separately and addressed to the specific location as listed on the
FBI's Internet Web site, https://www.fbi.gov, including any future
revisions to the Web site.
CONTESTING RECORD PROCEDURES:
Individuals desiring to contest or amend information maintained in
the system should also direct their request to the appropriate FBI
location, stating clearly and concisely what information is being
contested, the reasons for contesting it, and the proposed amendment to
the information sought.
RECORD SOURCE CATEGORIES:
See Categories of Individuals Covered by The System.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
JUSTICE/FBI-BRU
SUBJECT:
Blanket Routine Uses (BRU) Applicable to More Than One FBI Privacy
Act System of Records.
ACTION:
The system notice published in the Federal Register on June 22,
2001 (66 FR 22559), is amended as follows:
In the section titled ``Routine Uses of Records Maintained in FBI
Systems, Including Categories of Users and the Purposes of Such Uses,''
the section is amended by making minor corrections to BRU-2 and BRU-8,
and by adding BRU-11, BRU-12, BRU-13, BRU-14, and BRU-15 directly after
the description of BRU-10, so that the section reads as follows:
ROUTINE USES OF RECORDS MAINTAINED IN FBI SYSTEMS, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
* * * * *
BRU-2. Non-FBI Employees. To contractors, grantees, experts,
consultants, students, or others performing or working on a contract,
service, grant, cooperative agreement, or other assignment for the
Federal Government, when necessary to accomplish an agency function.
* * * * *
BRU-8. National Archives and Records Administration (NARA) Records
Management. To the National Archives and Records Administration (NARA)
for records management inspections and such other purposes
[[Page 7518]]
conducted under the authority of 44 U.S.C. 2904 and 2906.
* * * * *
BRU-11. The White House. To the White House (the President, Vice
President, their staffs, and other entities of the Executive Office of
the President (EOP)), and, during Presidential transitions, the
President-Elect and Vice-President Elect and their designees for
appointment, employment, security, and access purposes compatible with
the purposes for which the records were collected by the FBI, e.g.,
disclosure of information to assist the White House in making a
determination whether an individual should be: (1) granted, denied, or
permitted to continue in employment on the White House Staff; (2) given
a Presidential appointment or Presidential recognition; (3) provided
access, or continued access, to classified or sensitive information; or
(4) permitted access, or continued access, to personnel or facilities
of the White House/EOP complex. System records may be disclosed also to
the White House and, during Presidential transitions, to the President
Elect and Vice-President Elect and their designees, for Executive
Branch coordination of activities which relate to or have an effect
upon the carrying out of the constitutional, statutory, or other
official or ceremonial duties of the President, President Elect, Vice-
President or Vice-President Elect.
BRU-12. Complainants and Victims. To complainants and/or victims to
the extent deemed appropriate by the FBI to provide such persons with
information and explanations concerning the progress and/or results of
the investigations or cases arising from the matters of which they
complained and/or of which they were victims.
BRU-13. To appropriate officials and employees of a federal agency
or entity which requires information relevant to a decision concerning
the hiring, appointment, or retention of an employee; the issuance,
renewal, suspension, or revocation of a security clearance; the
execution of a security or suitability investigation; the letting of a
contract; or the issuance of a grant or benefit.
BRU-14. To federal, state, local, tribal, foreign, or international
licensing agencies or associations which require information concerning
the suitability or eligibility of an individual for a license or
permit.
BRU-15. To designated officers and employees of state, local
(including the District of Columbia), or tribal law enforcement or
detention agencies in connection with the hiring or continued
employment of an employee or contractor, where the employee or
contractor would occupy or occupies a position of public trust as a law
enforcement officer or detention officer having direct contact with the
public or with prisoners or detainees, to the extent that the
information is relevant and necessary to the recipient agency's
decision.
[FR Doc. 05-2777 Filed 2-11-05; 8:45 am]
BILLING CODE 4410-02-P
