Privacy Act of 1974; Modified System of Records

DEPARTMENT OF JUSTICE

[AAG/A Order No. 100-95]

Privacy Act of 1974; Modified System of Records

Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a) and Office of

Management and Budget Circular No. A-130, notice is given that the

Department of Justice (DOJ), Federal Bureau of Investigation (FBI), is

modifying the following system of records which was last published in

the Federal Register on March 10, 1992 (57 FR 8479):

National Crime Information Center (NCIC), Justice/FBI-001

The NCIC is maintained for law enforcement purposes and provides a

computerized data base for ready access by a criminal justice agency

making an inquiry, and for prompt disclosure of responsive information

in the system from other criminal justice agencies about crime and

criminals. The FBI is modifying this system to add the names and

identifying data of persons who are members of violent criminal gangs

and terrorist organizations. This information will assist law

enforcement in criminal investigations of these individuals and

organizations, and in the protection of officers and others

encountering these individuals. Changes related to this modification

have been made throughout the system description.

In addition, the FBI is removing a reference to exemption from

subsection (f) which it had inadvertently included in the prior

publication of this system of records. However, a rule document which

would include a reason for the exemption was never promulgated, and the

DOJ/FBI is in compliance with this provision. Therefore, the erroneous

reference to subsection (f) had no effect on the public, and the

removal of any reference thereto constitutes a minor correction. Other

minor changes have been made to improve and add clarity. Where

possible, changes have been noted by italics for the convenience of the

public.

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

given 30 days in which to comment on any new or intended uses of

information in the system. While no new routine uses have been added,

an opportunity to comment [[Page 19775]] is provided because the

existing routine uses may affect the new categories of individuals. In

addition, the Office of Management and Budget (OMB), which has

oversight responsibilities under the Act, requires that OMB and the

Congress be given 40 days in which to review major changes to the

system.

Therefore, the public, OMB, and the Congress are invited to submit

written comments to Patricia E. Neely, Staff Assistant, Systems Policy

Staff, Information Resources Management, Department of Justice,

Washington, DC 20530 (Room 850, WCTR Building). Comments from the

public should be submitted May 22, 1995.

In accordance with Privacy Act requirements, the DOJ has provided a

report on the modified system to the OMB and the Congress.

Dated: April 4, 1995.

Stephen R. Colgate,

Assistant Attorney General for Administration.

JUSTICE/FBI 001

National Crime Information Center (NCIC).

Federal Bureau of Investigation: J. Edgar Hoover Bldg., 10th and

Pennsylvania Avenue NW., Washington, DC 20535.

A. Wanted Persons: 1. Individuals for whom Federal warrants are

outstanding.

2. Individuals who have committed or have been identified with an

offense which is classified as a felony or serious misdemeanor under

the existing penal statutes of the jurisdiction originating the entry

and for whom a felony or misdemeanor warrant has been issued with

respect to the offense which was the basis of the entry. Probation and

parole violators meeting the foregoing criteria.

3. A ``Temporary Felony Want'' may be entered when a law

enforcement agency has need to take prompt action to establish a

``want'' entry for the apprehension of a person who has committed or

the officer has reasonable grounds to believe has committed, a felony

and who may seek refuge by fleeing across jurisdictional boundaries and

circumstances preclude the immediate procurement of a felony warrant. A

``Temporary Felony Want'' shall be specifically identified as such and

subject to verification and support by a proper warrant within 48 hours

following the entry of a temporary want. The agency originating the

``Temporary Felony Want'' shall be responsible for subsequent

verification or re-entry of a permanent want.

4. Juveniles who have been adjudicated delinquent and who have

escaped or absconded from custody, even though no arrest warrants were

issued. Juveniles who have been charged with the commission of a

delinquent act that would be a crime if committed by an adult, and who

have fled from the state where the act was committed.

5. Individuals who have committed or have been identified with an

offense committed in a foreign country, which would be a felony if

committed in the United States, and for whom a warrant of arrest is

outstanding and for which act an extradition treaty exists between the

United States and that country.

6. Individuals who have committed or have been identified with an

offense committed in Canada and for whom a Canada-Wide Warrant has been

issued which meets the requirements of the Canada-U.S. Extradition

Treaty, 18 U.S.C. 3184.

B. Individuals who have been charged with serious and/or

significant offenses:

1. Individuals who have been fingerprinted and whose criminal

history record information has been obtained.

2. Violent Felons: Persons with three or more convictions for a

violent felony or serious drug offense as defined by 18 U.S.C.

Sec. 924(e).

C. Missing Persons: 1. A person of any age who is missing and who

is under proven physical/mental disability or is senile, thereby

subjecting that person or others to personal and immediate danger.

2. A person of any age who is missing under circumstances

indicating that the disappearance was not voluntary.

3. A person of any age who is missing under circumstances

indicating that that person's physical safety may be in danger.

4. A person of any age who is missing after a catastrophe.

5. A person who is missing and declared unemancipated as defined by

the laws of the person's state of residence and does not meet any of

the entry criteria set forth in 1-4 above.

D. Individuals designated by the U.S. Secret Service as posing a

potential danger to the President and/or other authorized protectees.

E. Members of Violent Criminal Gangs: Individuals about whom

investigation has developed sufficient information to establish

membership in a particular violent criminal gang by either:

1. Self admission at the time of arrest or incarceration, or

2. Any two of the following criteria:

a. Identified as a gang member by a reliable informant;

b. Identified as a gang member by an informant whose information

has been corroborated;

c. Frequents a gang's area, associates with known members, and/or

affects gang dress, tattoos, or hand signals;

d. Has been arrested multiple times with known gang members for

offenses consistent with gang activity; or

e. Self admission (other than at the time of arrest or

incarceration).

F. Members of Terrorist Organizations: Individuals about whom

investigations has developed sufficient information to establish

membership in a particular terrorist organization using the same

criteria listed above in paragraph E, items 1 and 2 a-e, as they apply

to members of terrorist organizations rather than members of violent

criminal gangs.

G. Unidentified Persons: 1. Any unidentified deceased person. 2.

Any person who is living and unable to ascertain the person's identity

(e.g., infant, amnesia victim). 3. Any unidentified catastrophe victim.

4. Body parts when a body has been dismembered.

A. Stolen Vehicle File: 1. Stolen vehicles. 2. Vehicles wanted in

conjunction with felonies or serious misdemeanors. 3. Stolen vehicle

parts including certificates of origin or title.

B. Stolen License Plate File.

C. Stolen Boat File.

D. Stolen Gun File: 1. Stolen guns. 2. Recovered guns, when

ownership of which has not been established.

E. Stolen Article File.

F. Securities File: 1. Serially numbered stolen, embezzled or

counterfeited, securities.

2. ``Securities'' for present purposes of this file are currently

(e.g., bills, bank notes) and those documents or certificates which

generally are considered to be evidence of debt (e.g., bonds,

debentures, notes) or ownership of property (e.g., common stock,

preferred stock), and documents which represent subscription rights,

warrants and which are of the types traded in the securities exchanges

in the United States, except for commodities futures. Also, included

are warehouse receipts, travelers checks and money orders.

G. Wanted Person File: Described in ``CATEGORIES OF INDIVIDUALS

COVERED BY THE SYSTEM. A. Wanted Persons, 1-4.''

H. Foreign Fugitive File: Identification data regarding persons

[[Page 19776]] who are fugitives from foreign countries, who are

described in ``CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: A.

Wanted Persons, 5 and 6.''

I. Interstate Identification Index File: A cooperative Federal-

state program for the interstate exchange of criminal history record

information for the purpose of facilitating the interstate exchange of

such information among criminal justice agencies. Described in

``CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: B. 1.''

J. Identification records regarding persons enrolled in the United

States Marshals Service Witness Security Program who have been charged

with serious and/or significant offenses: Described in ``CATEGORIES OF

INDIVIDUALS COVERED BY THE SYSTEM: B.''

K. Bureau of Alcohol, Tobacco, and Firearms (BATF) Violent Felon

File: Described in ``CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

B. 2.''

L. Missing Person File: Described in ``CATEGORIES OF INDIVIDUALS

COVERED BY THE SYSTEM: C. Missing Persons.''

M. U.S. Secret Service Protective File: Described in ``CATEGORIES

OF INDIVIDUALS COVERED BY THE SYSTEM: D.''

N. Violent Criminal Gang File: A cooperative Federal-state program

for the interstate exchange of criminal gang information. For the

purpose of this file, a ``gang'' is defined as a group of three or more

persons with a common interest, bond, or activity characterized by

criminal or delinquent conduct. Described in ``CATEGORIES OF

INDIVIDUALS COVERED BY THE SYSTEM: E. Members of Violent Criminal

Gangs.''

O. Terrorist File: A cooperative Federal-state program for the

exchange of information about terrorist organizations and individuals.

For the purposes of this file, ``terrorism'' is defined as activities

that involve violent acts or acts dangerous to human life that are a

violation of the criminal laws of the United States or any state or

would be a criminal violation if committed within the jurisdiction of

the United States or any state, which appear to be intended to:

1. Intimidate or coerce a civilian population,

2. Influence the policy of a government by intimidation or

coercion, or

3. Affect the conduct of a government by crimes or kidnapping.

Described in ``CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: F.

Members of Terrorist Organizations.''

P. Unidentified Person File: Described in ``CATEGORIES OF

INDIVIDUALS COVERED BY THE SYSTEM: G. Unidentified Persons.''

The system is established and maintained in accordance with 28

U.S.C. Sec. 534; Department of Justice Appropriation Act, 1973, Pub. L.

92-544, 86 Stat. 1115, Securities Acts Amendment of 1975, Pub. L. 94-

29, 89 Stat. 97; and 18 U.S.C. Sec. 924 (e). Exec. Order No. 10450, 3

CFR (1974).

The purpose for maintaining the NCIC system of record is to provide

a computerized data base for ready access by a criminal justice agency

making an inquiry and for prompt disclosure of information in the

system from other criminal justice agencies about crimes and criminals.

This information assists authorized agencies in criminal justice

objectives, such as apprehending fugitives, locating missing persons,

locating and returning stolen property, as well as in the protection of

the law enforcement officers encountering the individuals described in

the system.

Data in NCIC files is exchanged with and for the official use of

authorized officials of the Federal Government, the States, cities,

penal and other institutions, and certain foreign governments. The data

is exchanged through NCIC lines to Federal criminal justice agencies,

criminal justice agencies in the 50 States, the District of Columbia,

Puerto Rico, U.S. Possessions and U.S. Territories. Additionally, data

contained in the various ``want files,'' i.e., the stolen vehicle file,

stolen license plate file, stolen gun file, stolen article file, wanted

person file, securities file, boat file, and missing person data may be

accessed by the Royal Canadian Mounted Police. Criminal history data is

disseminated to non-criminal justice agencies for use in connection

with licensing for local/state employment or other uses, but only where

such dissemination is authorized by Federal or state statutes and

approved by the Attorney General of the United States.

Data in NCIC files, other than the information described in

``CATEGORIES OF RECORDS IN THE SYSTEM: I, J, K, M, N, and O,'' is

disseminated to (1) a nongovernmental agency subunit thereof which

allocates a substantial part of its annual budget to the administration

of criminal justice, whose regularly employed peace officers have full

police powers pursuant to state law and have complied with the minimum

employment standards of governmentally employed police officers as

specified by state statute; (2) a noncriminal justice governmental

department of motor vehicle or driver's license registry established by

a statute, which provides vehicles registration and driver record

information to criminal justice agencies; (3) a governmental regional

dispatch center, established by a state statute, resolution, ordinance

or Executive order, which provides communications services to criminal

justice agencies; and (4) the national Automobile Theft Bureau, a

nongovernmental nonprofit agency which acts as a national clearinghouse

for information on stolen vehicles and offers free assistance to law

enforcement agencies concerning automobile thefts, identification and

recovery of stolen vehicles.

Disclosures of information from this system, as described above,

are for the purpose of providing information to authorized agencies to

facilitate the apprehension of fugitives, the location of missing

persons, the location and/or return of stolen property, or similar

criminal justice objectives.

Information on missing children, missing adults who were reported

missing while children, and unidentified living and deceased persons

may be disclosed to the National Center for Missing and Exploited

Children (NCMEC). The NCMEC is a nongovernmental, nonprofit, federally

funded corporation, serving as a national resource and technical

assistance clearinghouse focusing on missing and exploited children.

Information is disclosed to NCMEC to assist it in its efforts to

provide technical assistance and education to parents and local

governments regarding the problems of missing and exploited children,

and to operate a nationwide missing children hotline to permit members

of the public to telephone the Center from anywhere in the United

States with information about a missing child.

In addition, information may be released 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;

To a Member of Congress or staff acting upon the member's behalf

whom the member or staff requests the information on behalf of and at

the request of the individual who is the subject of the record;

and, [[Page 19777]]

To the National Archives and Records Administration and the General

Services Administration in records management inspections conducted

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

Information maintained in the NCIC system is stored electronically

for use in a computer environment.

On line access to data in NCIC is achieved by using the following

search descriptors:

A. Stolen Vehicle File:

1. Vehicle identification number;

2. Owner applied number;

3. License plate number;

4. NCIC number (unique number assigned by NCIC computer to each

NCIC record.)

B. Stolen License Plate File:

1. License plate number;

2. NCIC number.

C. Stolen Boat File:

1. Registration document number;

2. Hull serial number;

3. Owner applied number;

4. NCIC number.

D. Stolen Gun File:

1. Serial number of gun;

2. NCIC number.

E. Stolen Article File:

1. Serial number of article;

2. Owner applied number;

3. NCIC number.

F. Securities File:

1. Type, serial number, denomination of security, and issuer for

other than U.S. Treasury issues and currency;

2. Type of security and name of owner of security;

3. Social Security number of owner of security (it is noted the

requirements of the Privacy Act with regard to the solicitation of

Social Security numbers have been brought to the attention of the

members of the NCIC system);

4. NCIC number.

G. Wanted Person File:

1. Name and one of the following numerical identifiers:

a. Date of birth;

b. FBI number (number assigned by the Federal Bureau of

Investigation to an arrest fingerprint record);

c. Social Security number (it is noted the requirements of the

Privacy Act with regard to the solicitation of Social Security numbers

have been brought to the attention of the members of the NCIC system);

d. Operator's license number (driver's number);

e. Miscellaneous identifying number (military number or number

assigned by Federal, state, or local authorities to an individual's

record);

f. Originating agency case number;

2. Vehicle or license plate known to be in the possession of the

wanted person;

3. NCIC number.

H. Foreign Fugitive File: See G, above.

I. Interstate Identification Index File:

1. Name, sex, race, and date of birth;

2. FBI number;

3. State identification number;

4. Social Security number;

5. Miscellaneous identifying number.

J. Witness Security Program File: See G, above.

K. BATF Violent Felon File: See G, above.

L. Missing Person File: See G, above, plus the age, sex, race,

height and weight, eye and hair color of the missing person.

M. U.S. Secret Service Protective File: See G, above.

N. Violent Criminal Gang File: See G, above.

O. Terrorist File: See G, above.

P. Unidentified Person File: the age, sex, race, height and weight,

eye and hair color of the unidentified person.

Data stored in the NCIC is documented criminal justice agency

information and access to that data is restricted to duly authorized

criminal justice agencies. The following security measures are the

minimum to be adopted by all criminal justice agencies having access to

the NCIC.

Interstate Identification Index (III) File. These measures are

designed to prevent unauthorized access to the system data and/or

unauthorized use of data obtained from the computerized file.

1. Computer Center. a. The criminal justice agency computer site

must have adequate physical security to protect against any

unauthorized personnel gaining access to the computer equipment or to

any of the stored data. b. Since personnel at these computer centers

can have access to data stored in the system, they must be screened

thoroughly under the authority and supervision of an NCIC control

terminal agency. (This authority and supervision may be delegated to

responsible criminal justice agency personnel in the case of a

satellite computer center being serviced through a state control

terminal agency.) This screening will also apply to non-criminal

justice maintenance or technical personnel. c. All visitors to these

computer centers must be accompanied by staff personnel at all times.

d. Computers having access to the NCIC must have the proper computer

instructions written and other built-in controls to prevent criminal

history data from being accessible to any terminals other than

authorized terminals. e. Computers having access to the NCIC must

maintain a record of all transactions against the criminal history file

in the same manner the NCIC computer logs all transactions. The NCIC

identifies each specific agency entering or receiving information and

maintains a record of those transactions. This transaction record must

be monitored and reviewed on a regular basis to detect any possible

misuse of criminal history data. f. Each State Control terminal shall

build its data system around a central computer, through which each

inquiry must pass for screening and verification. The configuration and

operation of the center shall provide for the integrity of the data

base.

2. Communications: a. Lines/channels being used to transmit

criminal history information must be dedicated solely to criminal

justice, i.e., there must be no terminals belonging to agencies outside

the criminal justice system sharing these lines/channels. b. Physical

security of the lines/channels must be protected to guard against

clandestine devices being utilized to intercept or inject system

traffic.

3. Terminal Devices Having Access to NCIC: a. All agencies having

terminals on this system must be required to physically place these

terminals in secure locations within the authorized agency. b. The

agencies having terminals with access to criminal history must screen

terminal operators and restrict access to the terminal to a minimum

number of authorized employees. c. Copies of criminal history data

obtained from terminal devices must be afforded security to prevent any

unauthorized access to or use of the data. d. All remote terminals on

NCIC III will maintain a manual or automated log of computerized

criminal history inquiries with notations of individuals making

requests for records for a minimum of one year.

Unless otherwise removed, records will be retained in files as

follows:

A. Vehicle File: a. Unrecovered stolen vehicle records (including

snowmobile records) which do not contain vehicle identification numbers

(VIN) or Owner-applied number (OAN) therein, will be purged from file

90 days after date of entry. Unrecovered stolen vehicle records

(including snowmobile records) which contain VIN's or OANs will

[[Page 19778]] remain in file for the year of entry plus 4.

b. Unrecovered vehicles wanted in conjunction with a felony will

remain in file for 90 days after entry. In the event a longer retention

period is desired, the vehicle must be reentered. c. Unrecovered stolen

VIN plates, certificates of origin or title, and serially numbered

stolen vehicle engines or transmissions will remain in file for the

year of entry plus 4.

(Job No. NC1-65-82-4, Part E. 13 h.(1))

B. License Plate File: Unrecovered stolen license plates will

remain in file for one year after the end of the plate's expiration

year as shown in the record.

(Job No. NC1-65-82-4, Part E. 13 h.(2))

C. Boat File: Unrecovered stolen boat records, which contain a hull

serial number of an OAN, will be retained in file for the balance of

the year entered plus 4. Unrecovered stolen boat records which do not

contain a hull serial number or an OAN will be purged from file 90 days

after date of entry.

(Job No. NC1-65-82-4, Part E. 13 h.(6))

D. Gun file: a. Unrecovered weapons will be retained in file for an

indefinite period until action is taken by the originating agency to

clear the record. b. Weapons entered in file as ``recovered'' weapons

will remain in file for the balance of the year entered plus 2.

(Job No. NC1-65-82-4, Part E. 13 h.(3))

E. Article File: Unrecovered stolen articles will be retained for

the balance of the year entered plus one year.

(Job No. NC1-65-82-4, Part E. 13 h.(4))

F. Securities File: Unrecovered stolen, embezzled or counterfeited

securities will be retained for the balance of the year entered plus 4,

except for travelers checks and money orders, which will be retained

for the balance of the year entered plus 2.

(Job No. NC1-65-82-4, Part E. 13 h.(5))

G. Wanted Person File: Person not located will remain in file

indefinitely until action is taken by the originating agency to clear

the record (except ``Temporary Felony Wants'', which will be

automatically removed from the file after 48 hours).

(Job No. NC1-65-87-114, Part E. 13 h.(7))

H. Foreign Fugitive File: Person not located will remain in file

indefinitely until action is taken by the originating agency to clear

the record.

I. Interstate Identification Index File: When an individual reaches

age of 80.

(Job No. NC1-65-76-1)

J. Witness Security Program File: Will remain in file until action

is taken by the U.S. Marshals Service to clear or cancel the records.

K. BATF Violent Felon File: Will remain in file until action is

taken by the BATF to clear or cancel the records.

L. Missing Persons File: Will remain in the file until the

individual is located or action is taken by the originating agency to

clear the record.

(Job No. NC1-65-87-11, Part E 13h (8))

M. U.S. Secret Service Protective File: Will be retained until

names are removed by the U.S. Secret Service.

N. Violent Criminal Gang File: Records will be subject to mandatory

purge if inactive for five years.

O. Terrorist File: Records will be subject to mandatory purge if

inactive for five years.

P. Unidentified Person File: Will be retained for the remainder of

the year of entry plus 9.

Director, Federal Bureau of Investigation, J. Edgar Hoover

Building, 10th and Pennsylvania Avenue NW., Washington, DC 20535.

Same as the above.

It is noted the Attorney General has exempted this system from the

access and contest procedures of the Privacy Act. However, the

following alternative procedures are available to requester. The

procedures by which computerized criminal history record information

about an individual may be obtained by that individual are as follows:

If an individual has a criminal record supported by fingerprints

and that record has been entered in the NCIC III file, criminal history

record information, it is available to that individual for review, upon

presentation of appropriate identification and in accordance with

applicable State and Federal administrative and statutory regulations.

Appropriate identification includes being fingerprinted for the

purpose of insuring that the individual is who the individual purports

to be. The record on file will then be verfied through comparison of

fingerprints.

Procedure: 1. All requests for review must be made by the subject

of the record through a law enforcement agency which has access to the

NCIC III File. That agency within statutory or regulatory limits can

require additional identification to assist in securing a positive

identification.

2. If the cooperative law enforcement agency can make an

identification with fingerprints previously taken which are on file

locally and if the FBI identification number of the individual's record

is available to that agency, it can make an on-line inquiry of NCIC to

obtain the record on-line or, if it does not have suitable equipment to

obtain an on-line response, obtain the record from Washington, DC by

mail. The individual will then be afforded the opportunity to see that

record.

3. Should the cooperating law enforcement agency not have the

individual's fingerprints on file locally, it is necessary for that

agency to relate the prints to an existing record by having the

identification prints compared with those already on file in the FBI or

possibly in the State's central identification agency.

The Attorney General has exempted this system from the contest

procedures of the Privacy Act. Under this alternative procedure

described above under ``Record Access Procedures,'' the subject of the

requested record shall request the appropriate arresting agency, court,

or correctional agency to initiate action necessary to correct any

stated inaccuracy in subject's record or provide the information needed

to make the record complete.

Information contained in the NCIC system is obtained from local,

state, Federal and international criminal justice agencies.

The Attorney General has exempted this system from subsection (c)

(3) and (4), (d), (e)(1) (2), and (3), (e)(4) (G), (H), (e)(8) and (g)

of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2) and (k)(3). 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. 95-9739 Filed 4-19-95; 8:45 am]

BILLING CODE 4410-01-M