Privacy Act of 1974; System of Records, 52821-52822 [E6-14828]

Agencies

• Department of Justice

[Federal Register Volume 71, Number 173 (Thursday, September 7, 2006)]
[Notices]
[Pages 52821-52822]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-14828]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 014-2006]


Privacy Act of 1974; System of Records

    Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), notice is 
hereby given that the Justice Management Division (JMD), Department of 
Justice (DOJ), proposes to revise a system of records entitled 
``Nationwide Joint Automated Booking System (JABS), Justice/DOJ-005,'' 
last published April 23, 2001 (66 FR 20478). JABS is an important 
Department of Justice (Department) information sharing project among 
its law enforcement components: Bureau of Prisons (BOP), Drug 
Enforcement Administration (DEA), Federal Bureau of Investigation 
(FBI), U.S. Marshals Service (USMS), and the Bureau of Alcohol, 
Tobacco, Firearms, and Explosives (ATF). Additionally, the customs and 
border security functions within the Border and Transportation Security 
(BTS) Directorate of the Department of Homeland Security (DHS) are 
using JABS.
    The JABS Program directly supports the President's Homeland 
Security initiative by automating the booking process and providing a 
secure mechanism to rapidly and positively identify an individual based 
on a fingerprint submission to the IAFIS. The JABS Program is a multi-
agency initiative that is not restricted to Department of Justice 
users. In June 2004, the USMS added the Inter-Agency booking 
functionality to their Automated Booking System (ABS) to provide 
automated submission of booking packages for Federal law enforcement 
agencies that routinely bring their suspects to the USMS for booking. 
The strategic goal of the JABS Program is to facilitate electronic 
access to IAFIS for any Federal law enforcement agency/office that has 
a requirement to submit fingerprints to the FBI.
    Title 5 U.S.C. 552a(e)(4) and (11) provide that the public be given 
a 30-day period in which to comment on the revised system of records. 
The Office of Management and Budget (OMB), which has oversight 
responsibility under the Act, requires that it be given a 40-day period 
in which to review the system notice.
    Therefore, please submit any comments by October 17, 2006. The 
public, OMB, and the Congress are invited to send written comments to 
Mary Cahill, Management and Planning Staff, Justice Management 
Division, Department of Justice, Washington, DC 20530 (Room 1400, 
National Place Building), (202) 307-1823.
    A description of the system of records is provided below.
    In accordance with 5 U.S.C. 552a(r), DOJ has provided a report on 
the revised system to OMB and the Congress.

    Dated: August 29, 2006.
Lee J. Lofthus,
Acting Assistant Attorney General for Administration.
JUSTICE/DOJ-005

System Name:
    Nationwide Joint Automated Booking System (JABS).

Security Classification:
    Sensitive but Unclassified.

System Location:
    JABS Program Management Office, Department of Justice, Washington, 
DC 20530 with data collection sites in multiple federal locations.

Categories of Individuals Covered by the System:
    Alleged criminal offenders who have been detained, arrested, 
booked, or incarcerated. The remainder of this notice will refer to all 
persons covered by the System as ``alleged criminal offender'' or 
``arrestee''.

Categories of Records in the System:
    Records may include certain generic or ``common'' data elements 
which have been collected by an arresting federal agency at its 
automated booking station (ABS). An agency may book an alleged criminal 
offender on behalf of another agency which performed the arrest. Such 
common data (certain data elements) have been identified by law 
enforcement as those case and biographical data routinely collected by 
the law enforcement community during the booking process, e.g., name, 
date and place of birth, citizenship, hair and eye color, height and 
weight, occupation, social security number, place, date and time of 
arrest and jail location, charge, disposition, any other pertinent 
information related to known activities relevant or unique to the 
subject. Finally, such data may include electronic fingerprints, 
mugshots, and pictures of applicable scars, marks, and tattoos.

Authority for Maintenance of the System:
    8 U.S.C. 1324 and 1357(f) and (g); 28 U.S.C. 534, 564, 566;5 U.S.C. 
301 and 44 U.S.C. 3101; 18 U.S.C. 3621, 4003, 4042, 4082, 4086; 26 
U.S.C. 7608; and Comprehensive Drug Abuse Prevention and Control Act of 
1970 (Pub. L. 91-513), 21 U.S.C. 801 et seq. and Reorganization Plan 
No. 2 of 1973.

Purpose:
    Nationwide JABS enables the conduct of automated booking procedures 
by participating law enforcement organizations and provides an 
automated capability to transmit fingerprint and image data to the 
Federal Bureau of Investigation's (FBI) Integrated Automated 
Fingerprint Identification System (IAFIS), Justice/FBI-009 Fingerprint 
Identification Records Systems (FIRS). JABS maintains a repository of 
common offender data elements for identification of arrestees by 
participating federal law enforcement organizations. JABS eliminates 
repetitive booking of offenders for a single arrest and booking, and 
thereby eliminates the need for duplicate bookings, i.e., the 
collection of much the same data by multiple agencies in prisoner 
processing activities involving such agencies from arrest through 
incarceration. In addition, JABS standardized booking data elements, 
enabling cross-agency sharing of booking information, enhancing 
cooperation among law enforcement agencies, and reducing the threat to 
law enforcement officials and the public by facilitating the rapid and 
positive identification of offenders.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    Where necessary and/or appropriate, the DOJ may disclose relevant 
information from the JABS repository and may allow electronic access as 
follows:

[[Page 52822]]

    a. To authorized federal law enforcement agencies to input and 
retrieve booking and arrests data on criminal offenders. In addition, 
the JABS repository may be electronically accessed by these agencies 
for other law enforcement purposes such as to learn about the arrest of 
a fugitive wanted in several jurisdictions, to verify the identity of 
an arrestee, or to assist in the criminal investigation activities.
    b. To other judicial/law enforcement agencies, i.e., courts, 
probation, and parole agencies, for direct electronic access to JABS to 
obtain applicable data which will assist them in performing their 
official duties.
    c. To any criminal, civil, or regulatory law enforcement authority 
(whether federal, state, local, territorial, tribal, or foreign) where 
the information is relevant to the recipient entity's law enforcement 
responsibilities.
    d. In an appropriate proceeding before a court, or administrative 
or adjudicative body, when the Department of Justice determines that 
the records are arguably relevant to the proceeding; or in an 
appropriate proceeding before an administrative or adjudicative body 
when the adjudicator determines the records to be relevant to the 
proceeding.
    e. To complainants and/or victims to the extent necessary to 
provide such persons with information and explanations concerning the 
progress and/or results of the investigation or case arising from the 
matters of which they complained and/or of which they were a victim.
    f. To contractors, grantees, experts, consultants, students, and 
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 related to this system of 
records.
    g. To a Member of Congress or staff acting upon the Member's behalf 
when the Member or staff requests the information on behalf of, and at 
the request of, the individual who is the subject of the record.
    h. To the news media and the public, pursuant to 28 CFR 50.2, 
unless it is determined that release of the specific information in the 
context of a particular case would constitute an unwarranted invasion 
of personal privacy.
    i. To the National Archives and Records Administration (NARA) for 
purposes of records management inspections conducted under the 
authority of 44 U.S.C. 2904 and 2906.
    j. The Department of Justice may disclose relevant and necessary 
information to a former employee of the Department for purposes of: 
Responding to an official inquiry by a federal, state, or local 
government entity or professional licensing authority, in accordance 
with applicable Department regulations; or facilitating communications 
with a former employee that may be necessary for personnel-related or 
other official purposes where the Department requires information and/
or consultation assistance from the former employee regarding a matter 
within that person's former area of responsibility.

Disclosure to Consumer Reporting Agencies:
    Not Applicable.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Records are stored in computerized media and printed copies. Any 
paper records kept by individuals will be appropriately secured.

Retrievability:
    Data may be retrieved by name, identifying number, or other data 
elements.

Safeguards:
    Nationwide JABS has a combination of technical elements that, 
together, integrate into a total security infrastructure to ensure 
access is limited to only pre-authorized users. The key technical 
design elements of this architecture include: Encrypted user 
authentication, redundant firewalls, virtual private networks, 
nonrepudiation, data encryption, anti-virus content inspection, and 
intrusion detection capabilities. Access to the systems equipment is 
limited to pre-authorized personnel through physical access safeguards 
that are enforced 24 hours a day, seven (7) days a week. Facilities and 
offices which house computer systems are protected at all times by 
appropriate locks, security guards, and/or alarm systems.

Retention and Disposal:
    a. Temporary. Delete from the JABS data base 99 years after the 
date of the first entry.
    b. Fingerprints submitted by law enforcement agencies are removed 
from the system and destroyed upon the request of the submitting 
agencies. The destruction of fingerprints under this procedure results 
in the deletion from the system of all arrest information related to 
those fingerprints.
    c. Fingerprints and related arrest data are removed from the JABS 
upon receipt of court orders for expunction when accompanied by 
necessary identifying information.

System Manager(s) and Address(es):
    JABS Program Management Office, U.S. Department of Justice, 
Washington, DC 20530.

Notification Procedure:
    Same as ``Record Access Procedure.''

Record Access Procedure:
    Inquiries must be addressed in writing and should be sent to the 
JABS Program Management Office, at above address. Provide name, 
assigned computer location, and a description of information being 
sought, including the time frame during which the record(s) may have 
been generated. Provide verification of identity as instructed in 28 
CFR 16.41(d).

Contesting Records Procedure:
    Same as above.

Records Source Categories:
    The record subject; federal law enforcement personnel; the courts; 
and medical personnel.

Exemptions Claimed for the System:
    Pursuant to 5 U.S.C. 552a(j)(2) and (k)(2), the Attorney General 
has exempted records in this system from subsections (c)(3) and (4), 
(d), (e)(1), (2) and (3), (4)(G) and (H), (e)(5), (e)(8), (f) and (g) 
of the Privacy Act. Rules were promulgated in accordance with the 
requirements of 5 U.S.C. 553(b), (c), and (e) and are codified at 28 
CFR 16.131.

 [FR Doc. E6-14828 Filed 9-6-06; 8:45 am]
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