Privacy Act of 1974; System of Records, 54182-54186 [2019-21585]
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DEPARTMENT OF JUSTICE
[CPCLO Order No. 009–2019]
Jeffrey Sands,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
Privacy Act of 1974; System of
Records
Federal Bureau of
Investigation, United States Department
of Justice.
ACTION: Notice of a modified system of
records.
AGENCY:
[FR Doc. 2019–22083 Filed 10–8–19; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
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Notice of Lodging Proposed Consent
Decree
In accordance with Departmental
Policy, 28 CFR 50.7, notice is hereby
given that a proposed Consent Decree in
United States v. Thomas J. Byrd, Jr.,
Civil Action No. 19–cv–18601, was
lodged with the United States District
Court for the District of New Jersey on
Wednesday, October 2, 2019.
This proposed Consent Decree
concerns a complaint filed by the
United States against Thomas J. Byrd,
Jr., pursuant to Section 301 of the Clean
Water Act, 33 U.S.C. 1311, and Section
10 of the Rivers and Harbors Act, 33
U.S.C. 403, to obtain injunctive relief
from and impose civil penalties against
the Defendant for conducting
earthmoving activities that resulted in
the unauthorized discharge of dredged
or fill material into waters of the United
States. The proposed Consent Decree
resolves these allegations against the
Defendant by requiring the Defendant to
conduct specific restoration activities,
under the supervision of the United
States Army Corps of Engineers.
The Department of Justice will accept
written comments relating to this
proposed Consent Decree for thirty (30)
days from the date of publication of this
Notice. Please address comments to
Allan Urgent, Senior Litigation Counsel,
United States Attorney’s Office, District
of New Jersey, 970 Broad Street, Suite
700, Newark, NJ 07102 and refer to
United States v. Thomas J. Byrd, Jr., 19–
cv–18601 (DJ #90–5–1–1–20812).
The proposed Consent Decree may be
examined at the Clerk’s Office at the
United States District Court for the
District of New Jersey, 50 Walnut Street,
Newark, NJ 07102. For other locational
information, please visit https://
www.njd.uscourts.gov/. In addition, the
proposed Consent Decree may be
examined electronically at https://
www.justice.gov/enrd/consent-decrees.
Cherie L. Rogers,
Assistant Section Chief, Environmental
Defense Section, Environment and Natural
Resources Division.
[FR Doc. 2019–22054 Filed 10–8–19; 8:45 am]
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Pursuant to the Privacy Act of
1974 and Office of Management and
Budget (OMB) Circular No. A–108,
notice is hereby given that the Federal
Bureau of Investigation (FBI), a
component within the United States
Department of Justice (DOJ or
Department), proposes to modify an
existing system of records notice titled
The Next Generation Identification
(NGI) System, JUSTICE/FBI–009. The
FBI proposes to add iris images as
another biometric in NGI, include
fingerprints voluntarily submitted to
NGI by individuals appealing firearms
denials or seeking a review of their NGI
identity records, include the testing
environments of NGI, and clarify the
biographic records in NGI.
DATES: In accordance with 5 U.S.C.
552a(e)(4) and (11), the public has 30
days in which to comment on the
routine uses, described below. Please
submit any comments by November 8,
2019.
ADDRESSES: The public, OMB, and
Congress are invited to submit any
comments by mail to the United States
Department of Justice, Office of Privacy
and Civil Liberties, ATTN: Privacy
Analyst, 145 N St. NE, Suite 8W–300,
Washington, DC 20530; by facsimile at
202–307–0693; or by email at
privacy.compliance@usdoj.gov. To
ensure proper handling, please
reference the above CPCLO Order No.
on your correspondence.
FOR FURTHER INFORMATION CONTACT:
Roxane M. Panarella, Privacy Attorney,
Criminal Justice Information Services
(CJIS) Division, 1000 Custer Hollow
Road, Clarksburg, WV 26306; telephone
(202) 324–3000.
SUPPLEMENTARY INFORMATION: The NGI
SORN is being republished due to
several changes since its last publication
in May of 2016. The following updates
are being made: (1) The inclusion of iris
images as a biometric; (2) the inclusion
of individuals who voluntarily provide
fingerprints and associated information
in order to appeal firearm denials; (3)
the inclusion of individuals who
voluntarily provide fingerprints and
associated information in order to
obtain their own identity history
SUMMARY:
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records; (4) the inclusion of data in the
testing environments of NGI; and (5) the
clarification that some identity records
contain only biographic information.
Iris images: As described in the
previously published NGI SORN, one of
the significant changes from the FBI’s
predecessor system, the Integrated
Automated Fingerprint Identification
System (IAFIS), was the implementation
of NGI’s additional biometric services.
While IAFIS had been primarily a
fingerprint system, NGI now offers the
retention and searching of additional
biometrics, such as facial images and
palm prints. NGI continues to rely on
ten-print fingerprints for positive
identification but its identity records
may contain multi-modal biometrics to
augment those fingerprints and
associated biographic information. For
the past few years, the FBI has
conducted a pilot to determine if iris
images would be an appropriate and
useful addition to the NGI operational
environment. The FBI has coordinated
with criminal justice and scientific
partners to determine the efficacy of
using iris images for biometric
identification purposes. Based on the
pilot findings, the FBI has determined
that iris matching is highly accurate;
therefore, the addition of iris images in
the NGI operational environment would
be of great value. The FBI plans to
permit authorized users of NGI to enroll
and search iris images in the near
future. Although the May 2016 NGI
SORN used the terms ‘‘biometrics’’ and
‘‘biometric images’’ which would
include iris images, in the interest of
clarity, the FBI has decided to
specifically add ‘‘iris images’’ to all
appropriate categories of individuals
and categories of records in this SORN.
Firearms denials: In accordance with
the Brady Handgun Violence Prevention
Act of 1993, the FBI uses the National
Instant Criminal Background Check
System (NICS) to conduct background
checks on potential buyers of firearms.
If the FBI denies the transfer of the
firearm based on federal or state
prohibiting criteria, the individual has a
right, per federal statute, to request the
reason for the denial and to appeal that
denial. An individual may voluntarily
provide fingerprints to the FBI in
support of the appeal. The FBI has been
conducting NICS background checks for
decades; however, with the passage of
the Fix NICS Act in 2018, it sought ways
to expedite the appeal process. If an
individual submits fingerprints, the FBI
now conducts electronic searches of the
fingerprints and associated biographic
information in NGI to locate relevant
criminal history. The fingerprints and
other personally identifiable
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information are not retained, and are
permanently deleted from NGI, after the
search is conducted. The FBI is
updating the categories of individuals
and categories of records in this SORN
to include fingerprints voluntarily
submitted to NGI for firearms appeals.
Identity History Records: Pursuant to
28 CFR 16.30–16.34, issued in 1973, an
individual may seek a copy of his or her
identification record, or the lack thereof,
for the purposes of access and
amendment. The relevant federal
regulations require that an individual
provide fingerprints and specific
biographic information to the FBI in
order to ensure positive identification
and accurate record retrieval. The
fingerprints and associated personal
information are retained in NGI for a
period of three years. In addition, 28
CFR 50.12 provides that individuals
have a right to appeal the accuracy of
their identification records. For the past
several decades, the FBI has processed
millions of these requests and appeals.
In so doing, the FBI has offered a
valuable service to the public, affording
individuals the opportunity to review,
correct, or update criminal history
records or receive confirmation of the
absence of criminal history records. The
May 2016 SORN included this
population within Routine Use X;
however, the FBI finds that this
population is more appropriately placed
within categories of individuals and
categories of records. Therefore, the text
has been removed from the Routine
Uses and the appropriate updates are
being made to the other sections of this
SORN.
Testing Environments: NGI permits its
users to test its various services prior to
participation in the NGI operational
system. This allows users to prepare for
technical changes, system upgrades, and
new requirements. NGI has both
operational and non-operational testing
environments that ensure ongoing data
and system security, access, and
integrity. The ‘‘operational testing
environments’’ use live data to test
functions of the NGI system in limited
access environments disconnected from
the rest of the environments. This data
is largely duplicative of the data in the
NGI operational system. The ‘‘nonoperational testing environments’’ use
simulated data to test functions of the
NGI system in limited access
environments disconnected from the
rest of the environments. Testing data in
both operational and non-operational
environments consists of the same types
of biometric and biographic information
contained in the NGI operational
system. This SORN adds the NGI testing
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environments and the data contained
within as part of the NGI system.
Biographic Records: Although NGI is
primarily a biometric system, in rare
instances, the FBI may be unable to
obtain fingerprints or other biometrics
associated with an individual. This
situation may occur with identities
collected pursuant to the FBI’s criminal
and national security investigative
missions, as well as some limited
instances of identities submitted for
background checks or clearances. In all
instances, the FBI ensures that the
biographic information is as accurate,
complete, and up-to-date as reasonably
possible and seeks to obtain fingerprints
for the record. In the interest of
transparency, the FBI is clarifying the
presence of biographic-only records in
this SORN.
In accordance with 5 U.S.C. 552a(r),
the Department has provided a report to
OMB and Congress on this new system
of records.
Dated: September 30, 2019.
Peter A. Winn,
Acting Chief Privacy and Civil Liberties
Officer, United States Department of Justice.
JUSTICE/FBI–009
SYSTEM NAME AND NUMBER:
The Next Generation Identification
(NGI) System, JUSTICE/FBI–009.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records described in this notice are
maintained at the Federal Bureau of
Investigation (FBI), Criminal Justice
Information Services Division (CJIS),
Clarksburg, WV. Some or all system
information may be duplicated at other
locations, including at FBI facilities, for
purposes of system backup, emergency
preparedness, and continuity of
operations. Records may also be
maintained in secure cloud computing
environments. Cloud computing service
providers may change. The cloud
computing service provider on the date
of this publication is the Amazon Web
Services Commercial Cloud. For
information about the current cloud
computing service provider, please
contact the Unit Chief, Privacy and Civil
Liberties Unit, Office of the General
Counsel, FBI, 935 Pennsylvania Avenue
NW, Washington, DC 20535–0001;
telephone 202–324–3000.
SYSTEM MANAGER(S):
Assistant Director, Criminal Justice
Information Services Division, Federal
Bureau of Investigation, 1000 Custer
Hollow Road, Clarksburg, WV 26306.
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AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Authorities for the maintenance of
these records include 28 U.S.C. 534; 34
U.S.C. 41101; 28 CFR 0.85(b) & (j), and
Part 20.
PURPOSE(S) OF THE SYSTEM:
The purposes for maintaining the NGI
system include identification and
criminal history information functions
in order to perform non-criminal justice
background checks, to enforce criminal
laws, to further national security, and to
assist with humanitarian efforts. The
NGI system maintains and disseminates
relevant records to local, state, tribal,
federal, foreign, and international
criminal justice agencies, as well as
non-criminal justice agencies and other
entities where authorized by federal
statute, state statute pursuant to 34
U.S.C. 41101, Presidential executive
order, or regulation of the Attorney
General of the United States. In
addition, identification assistance is
provided in disasters and for other
humanitarian purposes.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
A. Individuals fingerprinted as a
result of a criminal inquiry, a lawful
detention, an arrest, incarceration, or
immigration or other civil law violation;
B. Individuals fingerprinted for the
purposes of employment, licensing,
military service, or volunteer service;
C. Individuals fingerprinted for the
purposes of security clearances,
suitability determinations, or other
background checks;
D. Individuals fingerprinted for the
purposes of immigration benefits, alien
registration and naturalization, or other
governmental benefits;
E. Individuals whose fingerprints or
biographic information have been
obtained pursuant to the FBI’s authority
to identify and investigate federal
crimes and threats to the national
security;
F. Individuals whose fingerprints or
other biometrics have been received
from foreign countries or international
organizations pursuant to sharing
agreements;
G. Individuals whose biometrics (e.g.
palm prints, facial images, iris images)
have been obtained as a result of a
criminal inquiry, a lawful detention, an
arrest, incarceration, or immigration or
other civil law violation;
H. Individuals who have provided
biometrics (e.g. palm prints, facial
images, iris images) for the purposes of
employment, licensing, military service,
or volunteer service;
I. Individuals who have provided
biometrics (e.g. palm prints, facial
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images, iris images) for the purposes of
security clearances, suitability
determinations, or other background
checks;
J. Individuals who have provided
biometrics (e.g. palm prints, facial
images, iris images) for the purposes of
immigration benefits, alien registration
and naturalization, or other
governmental benefits;
K. Individuals whose biometrics (e.g.
palm prints, facial images, iris images)
have been obtained pursuant to the
FBI’s authority to identify and
investigate federal crimes and threats to
the national security;
L. Individuals whose fingerprints or
other biometrics have been retrieved
from locations, property, or persons
associated with criminal or national
security investigations;
M. Missing persons, unidentified
persons, or others whose fingerprints or
other biometrics have been submitted in
support of disaster response,
humanitarian efforts, or similar
purposes;
N. Individuals whose fingerprints or
other biometrics have been retained at
their request or consent for personal
identification purposes;
O. Individuals whose biographic and/
or biometric information may be
retained due to their official duties
associated with the processing of system
records (e.g. system administrators,
fingerprint collectors) or in their roles as
authorized users of the system;
P. Individuals who have provided
fingerprints or biographic and/or
supplementary information to request
the reason for a firearm transfer denial
or delay, appeal/challenge a denial of a
firearm transfer, or otherwise inquire
about a National Instant Criminal
Background Check System transaction;
Q. Individuals who have provided
fingerprints and associated biographic
and/or supplementary information to
obtain identity history record
information for access, amendment, or
appeal;
R. Individuals who have submitted
biographic information for the purposes
of federal employment, contract
employment, security clearances,
suitability determinations, or
background checks;
S. Individuals who have provided
fingerprints, biometrics, and/or
biographic information to the testing
environments of the NGI system.
CATEGORIES OF RECORDS IN THE SYSTEM:
A. Criminal fingerprint images with
related biographic, biometric, and
criminal justice information;
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B. Civil fingerprint images with
related biographic, biometric, and
noncriminal justice information;
C. Fingerprint images with related
biographic, biometric, and event
information maintained for the purposes
of national security (e.g. known or
appropriately suspected terrorists);
D. Fingerprint images with related
biographic, biometric, and event
information received from federal
government agencies pursuant to the
FBI’s authority to identify and
investigate federal crimes and threats to
the national security;
E. Fingerprint images with related
biographic, biometric, and event
information received from foreign
countries or international organizations
pursuant to sharing agreements;
F. Identity History Summary records
that contain the criminal justice
information associated with criminal
fingerprints (i.e. ‘‘rap sheets’’) and/or
the noncriminal justice information
associated with civil fingerprints;
G. A name index pertaining to all
individuals whose criminal fingerprint
images are maintained in the system (i.e.
the Interstate Identification Index);
H. Biometric images (e.g. palm prints,
facial images, iris images) maintained
for criminal, civil, and/or national
security purposes;
I. Latent fingerprints and palm prints
and/or other latent biometric images
maintained for criminal and/or national
security purposes;
J. Unknown facial images, iris images,
and palm prints and/or other unknown
biometric images maintained for
criminal and/or national security
purposes;
K. Fingerprint images and/or other
biometric images maintained in support
of disaster response, humanitarian
efforts, or similar purposes;
L. Fingerprint images with related
biographic, biometric, and event
information maintained pursuant to an
individual’s request or consent;
M. Fingerprint images or biographic
and/or supplementary information
submitted to request the reason for a
firearm transfer denial or delay, appeal/
challenge a denial of a firearm transfer,
or otherwise inquire about a National
Instant Criminal Background Check
System transaction;
N. Fingerprint images with associated
biographic and/or supplementary
information submitted to obtain identity
history record information for access,
amendment, or appeal;
O. Identity records maintained for the
purposes of federal employment,
contract employment, security
clearances, suitability determinations,
and background checks;
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P. Identity records maintained
pursuant to the FBI’s authority to
identify and investigate federal crimes
and threats to the national security;
Q. Identity records maintained for the
purpose of operating the testing
environments of the NGI system.
RECORD SOURCE CATEGORIES:
Federal, state, local, tribal, foreign,
and international agencies, and persons
who voluntarily submit records for
purposes such as firearms appeals,
access and amendment, and
humanitarian assistance.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b), all or a portion of the records
or information contained in this system
of records may be disclosed as a routine
use pursuant to 5 U.S.C. 552a(b)(3)
under the circumstances or for the
purposes described below, to the extent
such disclosures are compatible with
the purposes for which the information
was collected:
A. To local, state, tribal, or federal law
enforcement or criminal justice agencies
(to include the police, prosecution,
penal, probation, parole, and the
judiciary) or other authorized federal
agencies where such disclosure: (a) May
assist the recipient in the performance
of its law enforcement, criminal justice,
or national security functions, to
include the screening of employees or
applicants for employment (b) may
assist the FBI in performing a law
enforcement or national security
function (c) may promote, assist, or
otherwise serve the mutual efforts of the
law enforcement, criminal justice, and
national security communities, such as
site security screening of visitors to
criminal justice facilities and military
installations; or (d) may serve a
compatible civil law enforcement
purpose;
B. To state or local agencies for the
purpose of background investigations of
applicants for noncriminal justice
employment or licensing purposes, or
other entities, if authorized by a federal
statute (e.g. The National Child
Protection Act of 1993, Volunteers for
Children Act, Adam Walsh Child
Protection and Safety Act of 2006) or a
state statute pursuant to Public Law 92–
544. Examples include: Those caring for
or in contact with vulnerable
populations (children, the elderly, the
disabled); nursing and home healthcare
professionals; non-profit volunteers;
foster/adoptive parents; private security
officers; providers of medical services/
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supplies; employees of federal
chartered/insured banking institutions;
mortgage loan originators; pari-mutuel
wagering/racing licensees; and firearms
or explosives permits/licenses;
C. To authorized police departments
of railroads and of private colleges and
universities performing the
administration of criminal justice;
D. To officials of tribal agencies for
the purpose of Indian childcare, Indian
gaming, or pursuant to a Public Law 92–
544 state statute;
E. To officials of civil or criminal
courts for use in domestic violence or
stalking cases;
F. To noncriminal justice
governmental agencies performing
criminal justice dispatching functions or
data processing/information services for
criminal justice agencies;
G. To private contractors for the
purpose of providing services for the
administration of criminal justice
pursuant to a specific agreement (which
must incorporate a Security Addendum
approved by the Attorney General of the
United States) with a criminal justice
agency or a noncriminal justice
governmental agency performing
criminal justice dispatching functions or
data processing/information services for
criminal justice agencies;
H. To private contractors pursuant to
specific outsourcing agreements with
noncriminal justice agencies to provide
noncriminal justice administrative
functions such as electronic fingerprint
submission and response; tracking
missing dispositions; and archival,
storage, or destruction of criminal
history record information;
I. To authorized foreign governments
or international agencies where such
disclosure: (a) May assist the recipient
in the performance of its law
enforcement, criminal justice, or
national security functions (b) may
assist the FBI in performing a law
enforcement or national security
function (c) may promote, assist, or
otherwise serve the mutual efforts of the
international community or (d) may
serve a compatible civil law
enforcement purpose;
J. To the Department of Defense,
Department of State, Department of
Transportation, Office of Personnel
Management, Central Intelligence
Agency, or other statutorily authorized
federal agency for the purpose of
determining the eligibility of a person
for access to classified information or
assignment to or retention in sensitive
national security positions, the Armed
Forces, or positions of public trust or
other critical or sensitive positions, or
other suitability determinations;
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K. To federal agencies for use in
background investigations of present
and prospective federal employees and
contractors;
L. To federal agencies for any official
duty required by their agency rules,
regulations, Executive Order, or statute;
M. To regulatory agencies authorized
by federal statute (e.g. the Securities and
Exchange Commission, the Nuclear
Regulatory Commission, the Commodity
Futures Trading Commission);
N. To the Department of State for the
purpose of determining the eligibility of
visa applicants;
O. To the Department of Health and
Human Services and Department of
Agriculture for the purpose of
conducting security risk assessments of
individuals handling biological agents
or toxins;
P. To the Department of Homeland
Security and its components for use in
background investigations of
individuals with access to secure areas
of airports, aircraft, ports, and vessels;
commercial drivers of hazardous
materials; applicants for aircraft
training; those responsible for screening
airport passengers and property; those
with security functions related to
baggage and cargo; and other statutorily
authorized populations;
Q. To the National Center for Missing
and Exploited Children when acting
within its statutory duty to support law
enforcement agencies and to
governmental social service agencies
when acting within their duties to
investigate or respond to reports of child
abuse, neglect, or exploitation or other
legally mandated duties;
R. To public housing authorities for
the purpose of conducting background
checks of applicants for, or tenants of,
public housing and to Indian Tribes or
Tribally Designated Housing Entities for
the purpose of conducting background
checks of adult applicants for
employment or housing;
S. To authorized local, state, and
federal agencies for the purposes of
emergency child placement or
emergency disaster response;
T. To authorized local, state, tribal,
federal, foreign, or international
agencies for humanitarian purposes;
U. To a designated point of contact at
a criminal justice agency for the purpose
of background checks under the
National Instant Criminal Background
Check System (NICS);
V. To local, state, or federal law
enforcement agencies for the
investigation of and issuance of firearms
and explosives permits;
W. To government employees,
contractors, grantees, experts,
consultant, students, or others for
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research conducted or training
performed in accordance with statutory
and regulatory requirements, including
parts 22 and 46 of title 28 of the Code
of Federal Regulations;
X. 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;
Y. To appropriate agencies, entities,
and persons when (1) the Department
suspects or has confirmed that there has
been a breach of the system of records;
(2) the Department has determined that
as a result of the suspected or confirmed
breach there is a risk of harm to
individuals, DOJ (including its
information systems, programs, and
operations), the Federal Government, or
national security; 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 breach or to prevent,
minimize, or remedy such harm.
Z. To another Federal agency or
Federal entity, when the Department
determines that information from this
system of records is reasonably
necessary to assist the recipient agency
or entity in (1) responding to a
suspected or confirmed breach or (2)
preventing, minimizing, or remedying
the risk of harm to individuals, the
recipient agency or entity (including its
information systems, programs, and
operations), the Federal Government, or
national security, resulting from a
suspected or confirmed breach.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records in this system are stored in
paper and/or electronic format.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records in this system are typically
retrieved by fingerprints, biometrics,
individual name, and other identifying
data, including unique identifying
numbers assigned by the FBI or other
government agencies. Positive
identification is effected only by
comparison of fingerprint impressions
submitted for search against the
fingerprints maintained within the
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system. Another means of retrieval is
through name indices, which contain
names of the individuals, their birth
data, other physical descriptors, and
unique identifying numbers, if such
have been assigned.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records in this system will be
retained and disposed of in accordance
with the records schedule approved by
the National Archives and Records
Administration. In general, fingerprints
and associated biometric and biographic
information will be destroyed when the
subjects attain 110 years of age or 7
years after notification of death with
biometric confirmation. Criminal
history records and transaction logs are
to be permanently retained.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
All records are maintained in a secure
government facility with access limited
to only authorized personnel or
authorized and escorted visitors.
Disclosure of information from the
system is made only to authorized
recipients upon authentication and
verification of the right to access the
system by such persons and agencies.
The physical security and maintenance
of information within the system is
provided by FBI rules, regulations, and
procedures.
khammond on DSKJM1Z7X2PROD with NOTICES
RECORD ACCESS PROCEDURES:
All requests for access to records must
be in writing and should be addressed
to the FBI, Record/Information
Dissemination Section, Attn: FOIPA
Request, 170 Marcel Drive, Winchester,
VA 22602–4843. The envelope and
letter should be clearly marked ‘‘Privacy
Act Access Request.’’ The request must
describe the records sought in sufficient
detail to enable Department personnel
to locate them with a reasonable amount
of effort. The request must include a
general description of the records
sought and must include the requester’s
full name, current address, and date and
place of birth. The request must be
signed and either notarized or submitted
under penalty of perjury. Some
information may be exempt from the
access provisions as described in the
‘‘EXEMPTIONS PROMULGATED FOR
THE SYSTEM’’ paragraph, below. An
individual who is the subject of a record
in this system of records may access
those records that are not exempt from
access. A determination whether a
record may be accessed will be made at
the time a request is received.
Although no specific form is required,
you may obtain forms for this purpose
VerDate Sep<11>2014
17:13 Oct 08, 2019
Jkt 250001
from the FOIA/Privacy Act Mail Referral
Unit, United States Department of
Justice, 950 Pennsylvania Avenue NW,
Washington, DC 20530, or on the
Department of Justice website at https://
www.justice.gov/oip/oip-request.html.
More information regarding the
Department’s procedures for accessing
records in accordance with the Privacy
Act can be found at 28 CFR part 16
Subpart D, ‘‘Protection of Privacy and
Access to Individual Records Under the
Privacy Act of 1974.’’
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest or
amend records maintained in this
system of records must direct their
requests to the address indicated in the
‘‘RECORD ACCESS PROCEDURES’’
paragraph, above. All requests to contest
or amend records must be in writing
and the envelope and letter should be
clearly marked ‘‘Privacy Act
Amendment Request.’’ All requests
must state clearly and concisely what
record is being contested, the reasons
for contesting it, and the proposed
amendment to the record. Some
information may be exempt from the
amendment provisions as described in
the ‘‘EXEMPTIONS PROMULGATED
FOR THE SYSTEM’’ paragraph, below.
An individual who is the subject of a
record in this system of records may
contest or amend those records that are
not exempt. A determination of whether
a record is exempt from the amendment
provisions will be made after a request
is received.
More information regarding the
Department’s procedures for amending
or contesting records in accordance with
the Privacy Act can be found at 28 CFR
16.46, ‘‘Requests for Amendment or
Correction of Records.’’
NOTIFICATION PROCEDURES:
Individuals may be notified if a record
in this system of records pertains to
them when the individuals request
information utilizing the same
procedures as those identified in the
‘‘RECORD ACCESS PROCEDURES’’
paragraph, above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
The Attorney General has exempted
this system from subsections (c)(3) and
(4); (d)(1), (2), (3) and (4); (e)(1), (2), (3),
(4)(G), (H) and (I), (5) and (8); (f) and (g)
of the Privacy Act pursuant to 5 U.S.C.
552a(j) and/or (k) subsections. The
exemptions will be applied only to the
extent that the information in the
system is subject to exemption pursuant
to 5 U.S.C. 552a(j) and/or (k)
subsections. Rules have been
promulgated in accordance with the
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
requirements of 5 U.S.C. 553(b), (c) and
(e), and have been published in the
Federal Register.
HISTORY:
Next Generation Identification
System, 81 FR 27284 (May 5, 2016); 82
FR 24151, 156 (May 25, 2017).
[FR Doc. 2019–21585 Filed 10–8–19; 8:45 am]
BILLING CODE 4410–02–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Labor Surplus Area Classification
Employment and Training
Administration, Labor.
ACTION: Notice.
AGENCY:
The purpose of this notice is
to announce the annual Labor Surplus
Area (LSA) list for Fiscal Year (FY)
2020.
SUMMARY:
The annual LSA list is effective
October 1, 2019, for all states, the
District of Columbia, and Puerto Rico.
FOR FURTHER INFORMATION CONTACT:
Samuel Wright, Office of Workforce
Investment, Employment and Training
Administration, 200 Constitution
Avenue NW, Room C–4514,
Washington, DC 20210. Telephone:
(202) 693–2870 (This is not a toll-free
number) or email wright.samuel.e@
dol.gov.
DATES:
The
Department of Labor’s regulations
implementing Executive Orders 12073
and 10582 are set forth at 20 CFR part
654, subpart A. These regulations
require the Employment and Training
Administration (ETA) to classify
jurisdictions as LSAs pursuant to the
criteria specified in the regulations, and
to publish annually a list of LSAs.
Pursuant to those regulations, ETA is
hereby publishing the annual LSA list.
In addition, the regulations provide
exceptional circumstance criteria for
classifying LSAs when catastrophic
events, such as natural disasters, plant
closings, and contract cancellations are
expected to have a long-term impact on
labor market area conditions,
discounting temporary or seasonal
factors.
SUPPLEMENTARY INFORMATION:
Eligible Labor Surplus Areas
A LSA is a civil jurisdiction that has
a civilian average annual
unemployment rate during the previous
two calendar years of 20 percent or
more above the average annual civilian
unemployment rate for all states during
E:\FR\FM\09OCN1.SGM
09OCN1
Agencies
[Federal Register Volume 84, Number 196 (Wednesday, October 9, 2019)]
[Notices]
[Pages 54182-54186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21585]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
[CPCLO Order No. 009-2019]
Privacy Act of 1974; System of Records
AGENCY: Federal Bureau of Investigation, United States Department of
Justice.
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Privacy Act of 1974 and Office of Management
and Budget (OMB) Circular No. A-108, notice is hereby given that the
Federal Bureau of Investigation (FBI), a component within the United
States Department of Justice (DOJ or Department), proposes to modify an
existing system of records notice titled The Next Generation
Identification (NGI) System, JUSTICE/FBI-009. The FBI proposes to add
iris images as another biometric in NGI, include fingerprints
voluntarily submitted to NGI by individuals appealing firearms denials
or seeking a review of their NGI identity records, include the testing
environments of NGI, and clarify the biographic records in NGI.
DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), the public has
30 days in which to comment on the routine uses, described below.
Please submit any comments by November 8, 2019.
ADDRESSES: The public, OMB, and Congress are invited to submit any
comments by mail to the United States Department of Justice, Office of
Privacy and Civil Liberties, ATTN: Privacy Analyst, 145 N St. NE, Suite
8W-300, Washington, DC 20530; by facsimile at 202-307-0693; or by email
at [email protected]. To ensure proper handling, please
reference the above CPCLO Order No. on your correspondence.
FOR FURTHER INFORMATION CONTACT: Roxane M. Panarella, Privacy Attorney,
Criminal Justice Information Services (CJIS) Division, 1000 Custer
Hollow Road, Clarksburg, WV 26306; telephone (202) 324-3000.
SUPPLEMENTARY INFORMATION: The NGI SORN is being republished due to
several changes since its last publication in May of 2016. The
following updates are being made: (1) The inclusion of iris images as a
biometric; (2) the inclusion of individuals who voluntarily provide
fingerprints and associated information in order to appeal firearm
denials; (3) the inclusion of individuals who voluntarily provide
fingerprints and associated information in order to obtain their own
identity history records; (4) the inclusion of data in the testing
environments of NGI; and (5) the clarification that some identity
records contain only biographic information.
Iris images: As described in the previously published NGI SORN, one
of the significant changes from the FBI's predecessor system, the
Integrated Automated Fingerprint Identification System (IAFIS), was the
implementation of NGI's additional biometric services. While IAFIS had
been primarily a fingerprint system, NGI now offers the retention and
searching of additional biometrics, such as facial images and palm
prints. NGI continues to rely on ten-print fingerprints for positive
identification but its identity records may contain multi-modal
biometrics to augment those fingerprints and associated biographic
information. For the past few years, the FBI has conducted a pilot to
determine if iris images would be an appropriate and useful addition to
the NGI operational environment. The FBI has coordinated with criminal
justice and scientific partners to determine the efficacy of using iris
images for biometric identification purposes. Based on the pilot
findings, the FBI has determined that iris matching is highly accurate;
therefore, the addition of iris images in the NGI operational
environment would be of great value. The FBI plans to permit authorized
users of NGI to enroll and search iris images in the near future.
Although the May 2016 NGI SORN used the terms ``biometrics'' and
``biometric images'' which would include iris images, in the interest
of clarity, the FBI has decided to specifically add ``iris images'' to
all appropriate categories of individuals and categories of records in
this SORN.
Firearms denials: In accordance with the Brady Handgun Violence
Prevention Act of 1993, the FBI uses the National Instant Criminal
Background Check System (NICS) to conduct background checks on
potential buyers of firearms. If the FBI denies the transfer of the
firearm based on federal or state prohibiting criteria, the individual
has a right, per federal statute, to request the reason for the denial
and to appeal that denial. An individual may voluntarily provide
fingerprints to the FBI in support of the appeal. The FBI has been
conducting NICS background checks for decades; however, with the
passage of the Fix NICS Act in 2018, it sought ways to expedite the
appeal process. If an individual submits fingerprints, the FBI now
conducts electronic searches of the fingerprints and associated
biographic information in NGI to locate relevant criminal history. The
fingerprints and other personally identifiable
[[Page 54183]]
information are not retained, and are permanently deleted from NGI,
after the search is conducted. The FBI is updating the categories of
individuals and categories of records in this SORN to include
fingerprints voluntarily submitted to NGI for firearms appeals.
Identity History Records: Pursuant to 28 CFR 16.30-16.34, issued in
1973, an individual may seek a copy of his or her identification
record, or the lack thereof, for the purposes of access and amendment.
The relevant federal regulations require that an individual provide
fingerprints and specific biographic information to the FBI in order to
ensure positive identification and accurate record retrieval. The
fingerprints and associated personal information are retained in NGI
for a period of three years. In addition, 28 CFR 50.12 provides that
individuals have a right to appeal the accuracy of their identification
records. For the past several decades, the FBI has processed millions
of these requests and appeals. In so doing, the FBI has offered a
valuable service to the public, affording individuals the opportunity
to review, correct, or update criminal history records or receive
confirmation of the absence of criminal history records. The May 2016
SORN included this population within Routine Use X; however, the FBI
finds that this population is more appropriately placed within
categories of individuals and categories of records. Therefore, the
text has been removed from the Routine Uses and the appropriate updates
are being made to the other sections of this SORN.
Testing Environments: NGI permits its users to test its various
services prior to participation in the NGI operational system. This
allows users to prepare for technical changes, system upgrades, and new
requirements. NGI has both operational and non-operational testing
environments that ensure ongoing data and system security, access, and
integrity. The ``operational testing environments'' use live data to
test functions of the NGI system in limited access environments
disconnected from the rest of the environments. This data is largely
duplicative of the data in the NGI operational system. The ``non-
operational testing environments'' use simulated data to test functions
of the NGI system in limited access environments disconnected from the
rest of the environments. Testing data in both operational and non-
operational environments consists of the same types of biometric and
biographic information contained in the NGI operational system. This
SORN adds the NGI testing environments and the data contained within as
part of the NGI system.
Biographic Records: Although NGI is primarily a biometric system,
in rare instances, the FBI may be unable to obtain fingerprints or
other biometrics associated with an individual. This situation may
occur with identities collected pursuant to the FBI's criminal and
national security investigative missions, as well as some limited
instances of identities submitted for background checks or clearances.
In all instances, the FBI ensures that the biographic information is as
accurate, complete, and up-to-date as reasonably possible and seeks to
obtain fingerprints for the record. In the interest of transparency,
the FBI is clarifying the presence of biographic-only records in this
SORN.
In accordance with 5 U.S.C. 552a(r), the Department has provided a
report to OMB and Congress on this new system of records.
Dated: September 30, 2019.
Peter A. Winn,
Acting Chief Privacy and Civil Liberties Officer, United States
Department of Justice.
JUSTICE/FBI-009
SYSTEM NAME AND NUMBER:
The Next Generation Identification (NGI) System, JUSTICE/FBI-009.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records described in this notice are maintained at the Federal
Bureau of Investigation (FBI), Criminal Justice Information Services
Division (CJIS), Clarksburg, WV. Some or all system information may be
duplicated at other locations, including at FBI facilities, for
purposes of system backup, emergency preparedness, and continuity of
operations. Records may also be maintained in secure cloud computing
environments. Cloud computing service providers may change. The cloud
computing service provider on the date of this publication is the
Amazon Web Services Commercial Cloud. For information about the current
cloud computing service provider, please contact the Unit Chief,
Privacy and Civil Liberties Unit, Office of the General Counsel, FBI,
935 Pennsylvania Avenue NW, Washington, DC 20535-0001; telephone 202-
324-3000.
SYSTEM MANAGER(S):
Assistant Director, Criminal Justice Information Services Division,
Federal Bureau of Investigation, 1000 Custer Hollow Road, Clarksburg,
WV 26306.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Authorities for the maintenance of these records include 28 U.S.C.
534; 34 U.S.C. 41101; 28 CFR 0.85(b) & (j), and Part 20.
PURPOSE(S) OF THE SYSTEM:
The purposes for maintaining the NGI system include identification
and criminal history information functions in order to perform non-
criminal justice background checks, to enforce criminal laws, to
further national security, and to assist with humanitarian efforts. The
NGI system maintains and disseminates relevant records to local, state,
tribal, federal, foreign, and international criminal justice agencies,
as well as non-criminal justice agencies and other entities where
authorized by federal statute, state statute pursuant to 34 U.S.C.
41101, Presidential executive order, or regulation of the Attorney
General of the United States. In addition, identification assistance is
provided in disasters and for other humanitarian purposes.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
A. Individuals fingerprinted as a result of a criminal inquiry, a
lawful detention, an arrest, incarceration, or immigration or other
civil law violation;
B. Individuals fingerprinted for the purposes of employment,
licensing, military service, or volunteer service;
C. Individuals fingerprinted for the purposes of security
clearances, suitability determinations, or other background checks;
D. Individuals fingerprinted for the purposes of immigration
benefits, alien registration and naturalization, or other governmental
benefits;
E. Individuals whose fingerprints or biographic information have
been obtained pursuant to the FBI's authority to identify and
investigate federal crimes and threats to the national security;
F. Individuals whose fingerprints or other biometrics have been
received from foreign countries or international organizations pursuant
to sharing agreements;
G. Individuals whose biometrics (e.g. palm prints, facial images,
iris images) have been obtained as a result of a criminal inquiry, a
lawful detention, an arrest, incarceration, or immigration or other
civil law violation;
H. Individuals who have provided biometrics (e.g. palm prints,
facial images, iris images) for the purposes of employment, licensing,
military service, or volunteer service;
I. Individuals who have provided biometrics (e.g. palm prints,
facial
[[Page 54184]]
images, iris images) for the purposes of security clearances,
suitability determinations, or other background checks;
J. Individuals who have provided biometrics (e.g. palm prints,
facial images, iris images) for the purposes of immigration benefits,
alien registration and naturalization, or other governmental benefits;
K. Individuals whose biometrics (e.g. palm prints, facial images,
iris images) have been obtained pursuant to the FBI's authority to
identify and investigate federal crimes and threats to the national
security;
L. Individuals whose fingerprints or other biometrics have been
retrieved from locations, property, or persons associated with criminal
or national security investigations;
M. Missing persons, unidentified persons, or others whose
fingerprints or other biometrics have been submitted in support of
disaster response, humanitarian efforts, or similar purposes;
N. Individuals whose fingerprints or other biometrics have been
retained at their request or consent for personal identification
purposes;
O. Individuals whose biographic and/or biometric information may be
retained due to their official duties associated with the processing of
system records (e.g. system administrators, fingerprint collectors) or
in their roles as authorized users of the system;
P. Individuals who have provided fingerprints or biographic and/or
supplementary information to request the reason for a firearm transfer
denial or delay, appeal/challenge a denial of a firearm transfer, or
otherwise inquire about a National Instant Criminal Background Check
System transaction;
Q. Individuals who have provided fingerprints and associated
biographic and/or supplementary information to obtain identity history
record information for access, amendment, or appeal;
R. Individuals who have submitted biographic information for the
purposes of federal employment, contract employment, security
clearances, suitability determinations, or background checks;
S. Individuals who have provided fingerprints, biometrics, and/or
biographic information to the testing environments of the NGI system.
CATEGORIES OF RECORDS IN THE SYSTEM:
A. Criminal fingerprint images with related biographic, biometric,
and criminal justice information;
B. Civil fingerprint images with related biographic, biometric, and
noncriminal justice information;
C. Fingerprint images with related biographic, biometric, and event
information maintained for the purposes of national security (e.g.
known or appropriately suspected terrorists);
D. Fingerprint images with related biographic, biometric, and event
information received from federal government agencies pursuant to the
FBI's authority to identify and investigate federal crimes and threats
to the national security;
E. Fingerprint images with related biographic, biometric, and event
information received from foreign countries or international
organizations pursuant to sharing agreements;
F. Identity History Summary records that contain the criminal
justice information associated with criminal fingerprints (i.e. ``rap
sheets'') and/or the noncriminal justice information associated with
civil fingerprints;
G. A name index pertaining to all individuals whose criminal
fingerprint images are maintained in the system (i.e. the Interstate
Identification Index);
H. Biometric images (e.g. palm prints, facial images, iris images)
maintained for criminal, civil, and/or national security purposes;
I. Latent fingerprints and palm prints and/or other latent
biometric images maintained for criminal and/or national security
purposes;
J. Unknown facial images, iris images, and palm prints and/or other
unknown biometric images maintained for criminal and/or national
security purposes;
K. Fingerprint images and/or other biometric images maintained in
support of disaster response, humanitarian efforts, or similar
purposes;
L. Fingerprint images with related biographic, biometric, and event
information maintained pursuant to an individual's request or consent;
M. Fingerprint images or biographic and/or supplementary
information submitted to request the reason for a firearm transfer
denial or delay, appeal/challenge a denial of a firearm transfer, or
otherwise inquire about a National Instant Criminal Background Check
System transaction;
N. Fingerprint images with associated biographic and/or
supplementary information submitted to obtain identity history record
information for access, amendment, or appeal;
O. Identity records maintained for the purposes of federal
employment, contract employment, security clearances, suitability
determinations, and background checks;
P. Identity records maintained pursuant to the FBI's authority to
identify and investigate federal crimes and threats to the national
security;
Q. Identity records maintained for the purpose of operating the
testing environments of the NGI system.
RECORD SOURCE CATEGORIES:
Federal, state, local, tribal, foreign, and international agencies,
and persons who voluntarily submit records for purposes such as
firearms appeals, access and amendment, and humanitarian assistance.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b), all or a portion of the records or information contained in
this system of records may be disclosed as a routine use pursuant to 5
U.S.C. 552a(b)(3) under the circumstances or for the purposes described
below, to the extent such disclosures are compatible with the purposes
for which the information was collected:
A. To local, state, tribal, or federal law enforcement or criminal
justice agencies (to include the police, prosecution, penal, probation,
parole, and the judiciary) or other authorized federal agencies where
such disclosure: (a) May assist the recipient in the performance of its
law enforcement, criminal justice, or national security functions, to
include the screening of employees or applicants for employment (b) may
assist the FBI in performing a law enforcement or national security
function (c) may promote, assist, or otherwise serve the mutual efforts
of the law enforcement, criminal justice, and national security
communities, such as site security screening of visitors to criminal
justice facilities and military installations; or (d) may serve a
compatible civil law enforcement purpose;
B. To state or local agencies for the purpose of background
investigations of applicants for noncriminal justice employment or
licensing purposes, or other entities, if authorized by a federal
statute (e.g. The National Child Protection Act of 1993, Volunteers for
Children Act, Adam Walsh Child Protection and Safety Act of 2006) or a
state statute pursuant to Public Law 92-544. Examples include: Those
caring for or in contact with vulnerable populations (children, the
elderly, the disabled); nursing and home healthcare professionals; non-
profit volunteers; foster/adoptive parents; private security officers;
providers of medical services/
[[Page 54185]]
supplies; employees of federal chartered/insured banking institutions;
mortgage loan originators; pari-mutuel wagering/racing licensees; and
firearms or explosives permits/licenses;
C. To authorized police departments of railroads and of private
colleges and universities performing the administration of criminal
justice;
D. To officials of tribal agencies for the purpose of Indian
childcare, Indian gaming, or pursuant to a Public Law 92-544 state
statute;
E. To officials of civil or criminal courts for use in domestic
violence or stalking cases;
F. To noncriminal justice governmental agencies performing criminal
justice dispatching functions or data processing/information services
for criminal justice agencies;
G. To private contractors for the purpose of providing services for
the administration of criminal justice pursuant to a specific agreement
(which must incorporate a Security Addendum approved by the Attorney
General of the United States) with a criminal justice agency or a
noncriminal justice governmental agency performing criminal justice
dispatching functions or data processing/information services for
criminal justice agencies;
H. To private contractors pursuant to specific outsourcing
agreements with noncriminal justice agencies to provide noncriminal
justice administrative functions such as electronic fingerprint
submission and response; tracking missing dispositions; and archival,
storage, or destruction of criminal history record information;
I. To authorized foreign governments or international agencies
where such disclosure: (a) May assist the recipient in the performance
of its law enforcement, criminal justice, or national security
functions (b) may assist the FBI in performing a law enforcement or
national security function (c) may promote, assist, or otherwise serve
the mutual efforts of the international community or (d) may serve a
compatible civil law enforcement purpose;
J. To the Department of Defense, Department of State, Department of
Transportation, Office of Personnel Management, Central Intelligence
Agency, or other statutorily authorized federal agency for the purpose
of determining the eligibility of a person for access to classified
information or assignment to or retention in sensitive national
security positions, the Armed Forces, or positions of public trust or
other critical or sensitive positions, or other suitability
determinations;
K. To federal agencies for use in background investigations of
present and prospective federal employees and contractors;
L. To federal agencies for any official duty required by their
agency rules, regulations, Executive Order, or statute;
M. To regulatory agencies authorized by federal statute (e.g. the
Securities and Exchange Commission, the Nuclear Regulatory Commission,
the Commodity Futures Trading Commission);
N. To the Department of State for the purpose of determining the
eligibility of visa applicants;
O. To the Department of Health and Human Services and Department of
Agriculture for the purpose of conducting security risk assessments of
individuals handling biological agents or toxins;
P. To the Department of Homeland Security and its components for
use in background investigations of individuals with access to secure
areas of airports, aircraft, ports, and vessels; commercial drivers of
hazardous materials; applicants for aircraft training; those
responsible for screening airport passengers and property; those with
security functions related to baggage and cargo; and other statutorily
authorized populations;
Q. To the National Center for Missing and Exploited Children when
acting within its statutory duty to support law enforcement agencies
and to governmental social service agencies when acting within their
duties to investigate or respond to reports of child abuse, neglect, or
exploitation or other legally mandated duties;
R. To public housing authorities for the purpose of conducting
background checks of applicants for, or tenants of, public housing and
to Indian Tribes or Tribally Designated Housing Entities for the
purpose of conducting background checks of adult applicants for
employment or housing;
S. To authorized local, state, and federal agencies for the
purposes of emergency child placement or emergency disaster response;
T. To authorized local, state, tribal, federal, foreign, or
international agencies for humanitarian purposes;
U. To a designated point of contact at a criminal justice agency
for the purpose of background checks under the National Instant
Criminal Background Check System (NICS);
V. To local, state, or federal law enforcement agencies for the
investigation of and issuance of firearms and explosives permits;
W. To government employees, contractors, grantees, experts,
consultant, students, or others for research conducted or training
performed in accordance with statutory and regulatory requirements,
including parts 22 and 46 of title 28 of the Code of Federal
Regulations;
X. 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;
Y. To appropriate agencies, entities, and persons when (1) the
Department suspects or has confirmed that there has been a breach of
the system of records; (2) the Department has determined that as a
result of the suspected or confirmed breach there is a risk of harm to
individuals, DOJ (including its information systems, programs, and
operations), the Federal Government, or national security; 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 breach or to prevent, minimize,
or remedy such harm.
Z. To another Federal agency or Federal entity, when the Department
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in (1) responding to
a suspected or confirmed breach or (2) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs, and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records in this system are stored in paper and/or electronic
format.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records in this system are typically retrieved by fingerprints,
biometrics, individual name, and other identifying data, including
unique identifying numbers assigned by the FBI or other government
agencies. Positive identification is effected only by comparison of
fingerprint impressions submitted for search against the fingerprints
maintained within the
[[Page 54186]]
system. Another means of retrieval is through name indices, which
contain names of the individuals, their birth data, other physical
descriptors, and unique identifying numbers, if such have been
assigned.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records in this system will be retained and disposed of in
accordance with the records schedule approved by the National Archives
and Records Administration. In general, fingerprints and associated
biometric and biographic information will be destroyed when the
subjects attain 110 years of age or 7 years after notification of death
with biometric confirmation. Criminal history records and transaction
logs are to be permanently retained.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
All records are maintained in a secure government facility with
access limited to only authorized personnel or authorized and escorted
visitors. Disclosure of information from the system is made only to
authorized recipients upon authentication and verification of the right
to access the system by such persons and agencies. The physical
security and maintenance of information within the system is provided
by FBI rules, regulations, and procedures.
RECORD ACCESS PROCEDURES:
All requests for access to records must be in writing and should be
addressed to the FBI, Record/Information Dissemination Section, Attn:
FOIPA Request, 170 Marcel Drive, Winchester, VA 22602-4843. The
envelope and letter should be clearly marked ``Privacy Act Access
Request.'' The request must describe the records sought in sufficient
detail to enable Department personnel to locate them with a reasonable
amount of effort. The request must include a general description of the
records sought and must include the requester's full name, current
address, and date and place of birth. The request must be signed and
either notarized or submitted under penalty of perjury. Some
information may be exempt from the access provisions as described in
the ``EXEMPTIONS PROMULGATED FOR THE SYSTEM'' paragraph, below. An
individual who is the subject of a record in this system of records may
access those records that are not exempt from access. A determination
whether a record may be accessed will be made at the time a request is
received.
Although no specific form is required, you may obtain forms for
this purpose from the FOIA/Privacy Act Mail Referral Unit, United
States Department of Justice, 950 Pennsylvania Avenue NW, Washington,
DC 20530, or on the Department of Justice website at https://www.justice.gov/oip/oip-request.html.
More information regarding the Department's procedures for
accessing records in accordance with the Privacy Act can be found at 28
CFR part 16 Subpart D, ``Protection of Privacy and Access to Individual
Records Under the Privacy Act of 1974.''
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest or amend records maintained in this
system of records must direct their requests to the address indicated
in the ``RECORD ACCESS PROCEDURES'' paragraph, above. All requests to
contest or amend records must be in writing and the envelope and letter
should be clearly marked ``Privacy Act Amendment Request.'' All
requests must state clearly and concisely what record is being
contested, the reasons for contesting it, and the proposed amendment to
the record. Some information may be exempt from the amendment
provisions as described in the ``EXEMPTIONS PROMULGATED FOR THE
SYSTEM'' paragraph, below. An individual who is the subject of a record
in this system of records may contest or amend those records that are
not exempt. A determination of whether a record is exempt from the
amendment provisions will be made after a request is received.
More information regarding the Department's procedures for amending
or contesting records in accordance with the Privacy Act can be found
at 28 CFR 16.46, ``Requests for Amendment or Correction of Records.''
NOTIFICATION PROCEDURES:
Individuals may be notified if a record in this system of records
pertains to them when the individuals request information utilizing the
same procedures as those identified in the ``RECORD ACCESS PROCEDURES''
paragraph, above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
The Attorney General has exempted this system from subsections
(c)(3) and (4); (d)(1), (2), (3) and (4); (e)(1), (2), (3), (4)(G), (H)
and (I), (5) and (8); (f) and (g) of the Privacy Act pursuant to 5
U.S.C. 552a(j) and/or (k) subsections. The exemptions will be applied
only to the extent that the information in the system is subject to
exemption pursuant to 5 U.S.C. 552a(j) and/or (k) subsections. 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.
HISTORY:
Next Generation Identification System, 81 FR 27284 (May 5, 2016);
82 FR 24151, 156 (May 25, 2017).
[FR Doc. 2019-21585 Filed 10-8-19; 8:45 am]
BILLING CODE 4410-02-P