Privacy Act of 1974; System of Records, 9777-9779 [E7-3757]

Agencies

• Department of Justice

[Federal Register Volume 72, Number 42 (Monday, March 5, 2007)]
[Notices]
[Pages 9777-9779]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-3757]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 005-2007]


Privacy Act of 1974; System of Records

AGENCY: United States Marshals Service, DOJ.

ACTION: Modified System of Records.

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, 5 
U.S.C. 552a, notice is given that the Department of Justices (DOJ) 
proposes to modify a United States Marshals Service (USMS) system of 
records entitled ``Warrant Information Network (WIN), USM-007.''
    Changes have been made to the ``Categories of Individuals Covered 
by the System'' to include individuals suspected in a state's case that 
has been adopted by a USMS-sponsored task force; individuals for whom 
the USMS is conducting a criminal investigation or aiding in a criminal 
investigation by another law enforcement agency; missing persons, 
including children, for whom the USMS is conducting an investigation or 
aiding in a criminal investigation by another law enforcement agency; 
individuals, and their associates, who are the subject of, and who may 
provide information, assistance or leads in USMS fugitive, criminal, or 
missing persons investigations. Other changes are made consistent with 
the new categories of individuals covered, necessary updates are made, 
and routine uses have been revised to conform with DOJ model routine 
use language.

DATES: In accordance with the requirements of 5 U.S.C. 552a (e)(4) and 
(11), the public is given a 30 day period in which to comment. The 
Office of Management and Budget (OMB), which has oversight 
responsibility under the Act, has 40 days in which to conclude its 
review of the system. Therefore, please submit any comments by April 
16, 2007

ADDRESSES: The public, OMB and the Congress are invited to submit any 
comments to Mary E. Cahill, Management and Planning Staff, Justice 
Management Division, Department of Justice, Washington, DC 20530 (Room 
1400 National Place Building), Facsimile Number 202-307-1853.

FOR FURTHER INFORMATION CONTACT: Ed Bordley on 202-307-8571.

SUPPLEMENTARY INFORMATION: The notice for USM-007 was last published on 
November 8, 1999 at 64 FR 60832, 39.
    In accordance with 5 U.S.C. 552a (r), the Department has provided a 
report to OMB and appropriate members of Congress.

    Dated: February 22, 2007.
Lee J. Lofthus,
Assistant Attorney General for Administration.
JUSTICE/USM-007

System name:
    Warrant Information Network (WIN).

Security classification:
    Limited Official Use.

System location:
    Primary System: Investigative Services Division, U.S. Marshals 
Service (USMS), CS-4, Washington, DC 20530-1000.
    Decentralized Segments: Each district office of the USMS maintains 
their own files. The addresses of USMS district offices are available 
on the Internet at https://www.usdoj.gov/marshals/usmsofc.html.

Categories of individuals covered by the system:
    Individuals for whom federal warrants have been issued; individuals 
for whom State or local warrants have been issued when the warrant is 
part of a USMS sponsored multi-agency task force; individuals suspected 
in a state's case that has been adopted by a USMS-sponsored task force; 
individuals for whom the USMS is conducting a criminal investigation or 
aiding in a criminal investigation by another law enforcement agency; 
missing persons, including children, for whom the USMS is conducting an 
investigation or aiding in a criminal investigation by another law 
enforcement agency; individuals, and their associates, who are the 
subject of, and who may provide information, assistance or leads in 
USMS fugitive, criminal, or missing persons investigations.

Categories of records in the system:
    Computerized records in this system consist of information 
pertaining to a warrant such as dates, issuing federal district, nature 
of the offense, investigative notes, information related to subjects, 
including biographical data, physical description, and criminal 
history, and a subject's association with other individuals, dangerous 
gangs, extremist groups, or other organizations; information concerning 
criminal and/or missing persons investigations, such as the evidence 
collected in support of criminal and/or missing persons investigations, 
the nature of the crime, investigative reports, investigative notes, 
biographical data relating to the investigation's subject and the 
subject's associates. Information on associates includes physical 
description, photographs, numerical identifiers, addresses, driver's 
license information and investigative information furnished by other 
federal, state or local law enforcement or other government agencies 
and non-government sources. In addition to the abbreviated data 
described above, the complete file contains the warrant and other court 
records and internal correspondence relating to the warrant; 
photographs; wanted flyers/posters; and investigative reports 
reflecting patterns of activity, leads, witnesses' and other persons' 
statements. Investigative reports and criminal record information from 
other federal, state, local, and foreign law enforcement agencies 
participating in or cooperating with USMS fugitive, criminal, or 
missing person investigations and apprehension efforts are also 
included in this system.

Authority for maintenance of the system:
    28 U.S.C. 509, 510, and 561 et seq.; 28 CFR 0.111(a) and (q).

[[Page 9778]]

Purpose(s):
    The USMS is responsible for ensuring the judicial system's 
effective operation through the execution of federal arrest warrants, 
parole violator warrants, federal custodial and extradition warrants, 
and by investigating fugitive, criminal, and missing person matters. 
The WIN system facilitates the efficient management and administration 
of warrant executions and USMS fugitive, criminal and missing person 
investigations through the collection, flow, analysis, dissemination 
and maintenance of records and information necessary to accomplish 
these missions.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
Records or information may be disclosed:
    (a) To public and private organizations, individuals, and federal, 
state, territorial, local and foreign agencies to the extent necessary 
to obtain information or cooperation in USMS investigations and 
apprehension efforts;
    (b) To any criminal, civil, or regulatory law enforcement authority 
(whether federal, state, territorial, local, tribal, or foreign) where 
the information is relevant to the recipient entity's law enforcement 
responsibilities;
    (c) 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;
    (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 the news media and the public, including disclosures 
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;
    (f) 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;
    (g) To the National Archives and Records Administration for 
purposes of records management inspections conducted under the 
authority of 44 U.S.C. 2904 and 2906;
    (h) To an actual or potential party to litigation or the party's 
authorized representative for the purpose of negotiation or discussion 
of such matters as settlement, plea bargaining, or in informal 
discovery proceedings;
    (i) To federal, state, territorial, 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;
    (j) A record may be disclosed to designated officers and employees 
of state, territorial, 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;
    (k) 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.
    (l) To appropriate agencies, entities, and persons when (1) the 
Department suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised; (2) the Department has determined that as a result of the 
suspected or confirmed compromise there is a risk of harm to economic 
or property interests, identity theft or fraud, or harm to the security 
or integrity of this system or other systems or programs (whether 
maintained by the Department or another agency or entity) that rely 
upon the compromised information; and (3) the disclosure made to such 
agencies, entities, and persons is reasonably necessary to assist in 
connection with the Department's efforts to respond to the suspected or 
confirmed compromise and prevent, minimize, or remedy such harm.
    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 standard file folders. Duplicate copies of 
paper records are stored on magnetic discs.

Retrievability:
    Records are retrieved by individual names or identifying numbers.

Safeguards:
    Except as otherwise noted in paragraph (b) under ``Routine uses,'' 
access is restricted to personnel in the Investigative Services 
Division and in each USMS district office. Access to computerized 
records is safeguarded by user identification and password 
restrictions. Paper records are maintained in filing cabinets within 
supervised areas of the U.S. Marshals' offices. District and 
headquarters offices are locked during working and non-duty hours and 
entry is restricted to employees with official identification.

Retention and disposal:
    Records are kept in an operating file until warrant is executed and 
then transferred to a closed file. Closed files are retained for one 
year after file is closed, then transferred to the Federal Records 
Center and destroyed after 55 years. Computerized records are retained 
indefinitely as an operating file or as a closed case file.

System manager(s) and address:
    Assistant Director, Investigative Services Division, U.S. Marshals 
Service, CS-4, Washington, DC 20530-1000.

Notification procedure:
    Same as ``Record access procedures.''

Record access procedures:
    Make all requests for access in writing and clearly mark the letter 
and envelope ``Freedom of Information/Privacy Act Request.'' Clearly 
indicate the name of the requester, nature of the record sought, 
approximate date of the record, and provide the required verification 
of identity (28 CFR 16.41(d)). Direct all requests to the system 
manager identified above, Attention: FOI/PA Officer, and provide a 
return address for transmitting the information.

Contesting record procedures:
    Direct all requests to contest or amend information to the system 
manager identified above. State clearly and concisely the information 
being contested, the reason for contesting it, and the proposed 
amendment to the information sought. Clearly mark the

[[Page 9779]]

envelope ``Freedom of Information/Privacy Act Request.''

Record source categories:
    Information is obtained from the courts, federal, state, local and 
foreign law enforcement agencies, public and private organizations, 
commercial information resellers, witnesses, informants, and other 
persons interviewed during the course of the fugitive, criminal, or 
missing person investigations.

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), 
(e)(8), (f) and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2). 
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. See 28 CFR 16.101.

[FR Doc. E7-3757 Filed 3-2-07; 8:45 am]
BILLING CODE 4410-04-P