Privacy Act of 1974; New System of Records

DEPARTMENT OF JUSTICE

[AAG/A Order No. 98-95]

Privacy Act of 1974; New System of Records

Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), notice is

given that the United States Marshals Service, Department of Justice

(DOJ), proposes to establish a new system of records entitled ``Joint

Automated Booking Stations, Justice/USM-014.''

Title 5 U.S.C. 552a(e) (4) and (11) provide that the public be

provided a 30-day period in which to comment on the new routine uses of

a 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 new system.

Therefore, please submit any comments by May 15, 1995. The public,

OMB, and the Congress are invited to send written comments to Patricia

E. Neely, Systems Policy Staff, Justice Management Division, Department

of Justice, Washington, DC 20503 (Room 850, WCTR Building).

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

proposed new system to OMB and the Congress.

Dated: March 30, 1995.

Stephen R. Colgate,

Assistant Attorney General for Administration.

USM-014

Joint Automated Booking Stations (JABS), USM-014

U.S. Marshals Service (USMS) headquarters, 600 Army Navy Drive,

Arlington, Va. 22202-4210; and regional office of the Drug Enforcement

Administration (DEA) at 6320 NW 2nd Avenue, North Miami Beach, FL

33167.\1\

\1\The Miami repository will be physically housed at DEA

facilities; nevertheless, management and oversight--including the

physical security of the system--will be the responsibility of USMS

personnel. When appropriate, the ``system location'' will be revised

to include additional repositories.

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Alleged criminal offenders who have been arrested and booked.

Records may include certain generic or ``common'' data elements

which have been collected by an arresting Federal, State, or local

agency and booked by that agency at its automated booking station

(ABS), or booked by an agency on behalf of another agency which

performed the arrest.\2\ Such common

[[Page 18854]]

data (approximately 60 data elements) have been identified by law

enforcement as those case and biographical data generally collected by

the law enforcement community during booking arrests, 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, armed description, sentenced or unsentenced, and

health status, etc. Such data may also include case agent name, notes

and observations regarding subjects' physical or mental condition,

degree of psychological stability or acumen, reported use of habit

forming substances, substances for which the subject has a valid

prescription, names of individuals from which the subject is to be

segregated, extraordinary handling procedures to include precautionary

warnings, names of acquaintances (criminal/non-criminal), Federal writ,

and any other pertinent information related to known activities

relevant or unique to the record subject. Finally, as the technology is

developed, such data may include electronic fingerprints, mugshots, and

voice samples.

\2\Initially, these records will include only those of the

Department of Justice (DOJ) law enforcement components. However, at

such time as other Federal, State and local agencies either

establish similar ABS's or use the ABS of another agency to upload

``common'' data to the repositories (i.e., ``common'' data as

described by this system of records), this system of records will

also include records provided by non-DOJ law enforcement agencies.

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Categories of records may include paper records where the USMS has

a need to print copies, e.g., copies of mugshots.

28 U.S.C. 534, 564; 5 U.S.C. 301 and 44 U.S.C. 3101.

The primary purpose of the JABS system is to enable Federal, State,

and local agencies which conduct arrests and/or booking activities to

store such data in regional repositories to eliminate duplication

efforts among multiple law enforcement agencies participating in a

single booking/arrest, to follow the arrestee through the booking

process, and thereby share ``realtime'' booking and arrest data within

a region. It will also assist in ancillary law enforcement efforts by

permitting law enforcement to learn of the arrest and apprehension of a

fugitive by another agency in that region; verify the identity of an

arrestee or, as the technology is developed, obtain identifying data

that will assist with surveillance and wiretap activities in the event

the arrestee becomes a fugitive subsequent to booking. Finally, it may

assist other judicial/law enforcement agencies in obtaining such

information as will permit them to perform their official duties.

JABS will also assist law enforcement at the national level through

interface of its regional repositories with the Federal Bureau of

Investigation's (FBI) Identification Division Records System, Justice/

FBI-009 (IDENT). IDENT currently serves as a ``national'' repository

for fingerprint data. As the technology is developed, electronic

fingerprint, mugshot, and voice sample data, together with certain

personally identifying data, date of arrest, etc. may be copied from

JABS regional repositories to IDENT. (Consistent with published routine

use disclosures for the IDENT system of records, IDENT may then respond

to electronic inquiries from other JABS regional repositories to verify

fingerprint or other identifying data, to learn of the arrest of a

fugitive in another regional jurisdiction; and/or, where indicated by

the IDENT record, to allow an inquiring regional repository to

determine that a more complete arrest record resides with, and may be

requested from, another JABS regional repository; and/or to otherwise

assist in the conduct of other authorized law enforcement activities

such as surveillance and wiretap.)

(a) The regional repositories may be electronically accessed by

Federal, State, and local law enforcement agencies to input and

retrieve booking and arrests data on criminal offenders and thereby

eliminate the need for duplicate bookings in that region, i.e., the

collection of much the same data by multiple agencies in prisoner

processing activities involving such agencies from arrest through

incarceration. (For example, an individual arrested by the Bureau of

Alcohol, Tobacco, and Firearms (ATF) and transported by the USMS to a

Federal correctional institution may be processed by ATF, USMS, and the

Bureau of Prisons.) Such repositories may be electronically accessed by

these and other local law enforcement agencies in the region also for

other law enforcement purposes such as to learn about the arrest of a

fugitive wanted in several local jurisdictions, to verify the identity

of an arrestee, or to assist in the conduct of surveillance and/or

wiretap activities. In addition, access by one regional repository to

the complete record residing in another regional repository, e.g., to

obtain access to the record of a fugitive wanted in one or more

regional jurisdictions, may be accomplished by a telephone request

until such time as technology may permit electronic requests between

regional repositories. Further, at such time as the technology is

available, other judicial/law enforcement agencies such as the courts,

probation, and parole agencies may have direct electronic access to

JABS in order to obtain data which may assist them in performing their

official duties. For example, the courts may need direct electronic

access to verify the identity of an individual who appears in court

claiming not to be the individual identified by the arresting agency.

Finally, where necessary and/or appropriate, the USMS may disclose

relevant information from the repositories as follows:

(b) To any Federal, State, and/or local authorities to the extent

necessary to permit them to perform their law enforcement

responsibilities; or to any Federal, State, and/or local authorities,

or to any other entity or person, to the extent required to solicit

information necessary for law enforcement purposes;

(c) To other judicial/law enforcement agencies such as the courts,

probation, and parole agencies to assist them in performing their

official duties;

(d) To a Federal agency in response to its request and in

connection with hiring or retention of an employee, the issuance of the

required security clearance, the reporting of an investigation of an

employee, the letting of a contract, or the issuance of a license,

grant or other benefit by the requesting agency, to the extent that the

information relates to the requesting agency's decision on the matter;

(e) To private contractors and/or maintenance personnel but only to

the extent that access is needed to perform contractual duties such as

maintenance or other administrative support operations;

(f) To a Member of Congressor 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 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;

(h) To a court or adjudicative body before which the USMS or other

appropriate DOJ component is authorized to appear when any of the

following is a party to litigation or has an interest in litigation and

such records are determined by the USMS or other

[[Page 18855]]

appropriate DOJ component to be arguably relevant to the litigation:

(i) The USMS or DOJ component, or any subdivision thereof, or (ii)

any employee of the USMS or DOJ in his or her official capacity, or

(iii) any employee of the USMS or DOJ in his or her individual capacity

where the DOJ has agreed to represent the employee, or (iv) the United

States, where the DOJ determines that the litigation is likely to

affect it or any of its subdivisions;

(i) To the National Archives and Records Administration (NARA) and

the General Services Administration in records management inspections

conducted under the authority of 44 U.S.C. 2904 and 2906;

(j) To complainants and/or victims to the extent necessary to

provide such persons with information and explanations concerning the

progress and/or results of an investigation or case (e.g. an arrest)

arising from the matters of which they complained and/or of which they

were a victim; and

(k) To any person or entity to the extent necessary to prevent an

imminent and potential crime which directly threatens loss of life or

serious bodily injury.

Records are stored in computerized media and on printed copy.

Data may be retrieved by name or identifying number.

Access will be limited to those with a need to know. Facilities and

offices which house computer systems will be protected at all times by

appropriate locks, security guards, and/or alarm systems. Access to the

systems equipment is limited to those with a need-to-know through

encryption and password protection measures.

A disposition schedule will be developed for approval by the USMS

Records Management Officer and NARA. Upon approval of such schedule,

this notice will be revised to reflect the correct retention and

disposal schedule for these records.

Director, U.S. Marshals Service, 600 Army-Navy Drive, Arlington,

Virginia 22202-4210

Same as ``Record Access Procedures.''

Address all requests for access to JABS records, in writing, to the

system manager identified above, ``Attention: FOIA/PA Officer.''

Clearly mark the letter and envelope ``Privacy Act request.'' Clearly

indicate the name of the requester, nature of the record sought, and

approximate date of the record. In addition, provide the required

verification of identity (28 CFR 16.41(d)) and a return address for

transmitting the information.

Same as above.

The record subject; Federal, State, and local law enforcement

personnel; the courts; and medical personnel.

The Attorney General has exempted records in this system from

subsections (c) (3) and (4), (d), (e) (1), (2) and (3), (e)(5), (e)(8),

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.

[FR Doc. 95-9105 Filed 4-12-95; 8:45 am]

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