[Federal Register: September 7, 2006 (Volume 71, Number 173)]
[Notices]
[Page 52821-52822]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07se06-88]
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DEPARTMENT OF JUSTICE
[AAG/A Order No. 014-2006]
Privacy Act of 1974; System of Records
Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), notice is
hereby given that the Justice Management Division (JMD), Department of
Justice (DOJ), proposes to revise a system of records entitled
``Nationwide Joint Automated Booking System (JABS), Justice/DOJ-005,''
last published April 23, 2001 (66 FR 20478). JABS is an important
Department of Justice (Department) information sharing project among
its law enforcement components: Bureau of Prisons (BOP), Drug
Enforcement Administration (DEA), Federal Bureau of Investigation
(FBI), U.S. Marshals Service (USMS), and the Bureau of Alcohol,
Tobacco, Firearms, and Explosives (ATF). Additionally, the customs and
border security functions within the Border and Transportation Security
(BTS) Directorate of the Department of Homeland Security (DHS) are
using JABS.
The JABS Program directly supports the President's Homeland
Security initiative by automating the booking process and providing a
secure mechanism to rapidly and positively identify an individual based
on a fingerprint submission to the IAFIS. The JABS Program is a multi-
agency initiative that is not restricted to Department of Justice
users. In June 2004, the USMS added the Inter-Agency booking
functionality to their Automated Booking System (ABS) to provide
automated submission of booking packages for Federal law enforcement
agencies that routinely bring their suspects to the USMS for booking.
The strategic goal of the JABS Program is to facilitate electronic
access to IAFIS for any Federal law enforcement agency/office that has
a requirement to submit fingerprints to the FBI.
Title 5 U.S.C. 552a(e)(4) and (11) provide that the public be given
a 30-day period in which to comment on the revised system of records.
The Office of Management and Budget (OMB), which has oversight
responsibility under the Act, requires that it be given a 40-day period
in which to review the system notice.
Therefore, please submit any comments by October 17, 2006. The
public, OMB, and the Congress are invited to send written comments to
Mary Cahill, Management and Planning Staff, Justice Management
Division, Department of Justice, Washington, DC 20530 (Room 1400,
National Place Building), (202) 307-1823.
A description of the system of records is provided below.
In accordance with 5 U.S.C. 552a(r), DOJ has provided a report on
the revised system to OMB and the Congress.
Dated: August 29, 2006.
Lee J. Lofthus,
Acting Assistant Attorney General for Administration.
JUSTICE/DOJ-005
System Name:
Nationwide Joint Automated Booking System (JABS).
Security Classification:
Sensitive but Unclassified.
System Location:
JABS Program Management Office, Department of Justice, Washington,
DC 20530 with data collection sites in multiple federal locations.
Categories of Individuals Covered by the System:
Alleged criminal offenders who have been detained, arrested,
booked, or incarcerated. The remainder of this notice will refer to all
persons covered by the System as ``alleged criminal offender'' or
``arrestee''.
Categories of Records in the System:
Records may include certain generic or ``common'' data elements
which have been collected by an arresting federal agency at its
automated booking station (ABS). An agency may book an alleged criminal
offender on behalf of another agency which performed the arrest. Such
common data (certain data elements) have been identified by law
enforcement as those case and biographical data routinely collected by
the law enforcement community during the booking process, e.g., name,
date and place of birth, citizenship, hair and eye color, height and
weight, occupation, social security number, place, date and time of
arrest and jail location, charge, disposition, any other pertinent
information related to known activities relevant or unique to the
subject. Finally, such data may include electronic fingerprints,
mugshots, and pictures of applicable scars, marks, and tattoos.
Authority for Maintenance of the System:
8 U.S.C. 1324 and 1357(f) and (g); 28 U.S.C. 534, 564, 566;5 U.S.C.
301 and 44 U.S.C. 3101; 18 U.S.C. 3621, 4003, 4042, 4082, 4086; 26
U.S.C. 7608; and Comprehensive Drug Abuse Prevention and Control Act of
1970 (Pub. L. 91-513), 21 U.S.C. 801 et seq. and Reorganization Plan
No. 2 of 1973.
Purpose:
Nationwide JABS enables the conduct of automated booking procedures
by participating law enforcement organizations and provides an
automated capability to transmit fingerprint and image data to the
Federal Bureau of Investigation's (FBI) Integrated Automated
Fingerprint Identification System (IAFIS), Justice/FBI-009 Fingerprint
Identification Records Systems (FIRS). JABS maintains a repository of
common offender data elements for identification of arrestees by
participating federal law enforcement organizations. JABS eliminates
repetitive booking of offenders for a single arrest and booking, and
thereby eliminates the need for duplicate bookings, i.e., the
collection of much the same data by multiple agencies in prisoner
processing activities involving such agencies from arrest through
incarceration. In addition, JABS standardized booking data elements,
enabling cross-agency sharing of booking information, enhancing
cooperation among law enforcement agencies, and reducing the threat to
law enforcement officials and the public by facilitating the rapid and
positive identification of offenders.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
Where necessary and/or appropriate, the DOJ may disclose relevant
information from the JABS repository and may allow electronic access as
follows:
[[Page 52822]]
a. To authorized federal law enforcement agencies to input and
retrieve booking and arrests data on criminal offenders. In addition,
the JABS repository may be electronically accessed by these agencies
for other law enforcement purposes such as to learn about the arrest of
a fugitive wanted in several jurisdictions, to verify the identity of
an arrestee, or to assist in the criminal investigation activities.
b. To other judicial/law enforcement agencies, i.e., courts,
probation, and parole agencies, for direct electronic access to JABS to
obtain applicable data which will assist them in performing their
official duties.
c. To any criminal, civil, or regulatory law enforcement authority
(whether federal, state, local, territorial, tribal, or foreign) where
the information is relevant to the recipient entity's law enforcement
responsibilities.
d. In an appropriate proceeding before a court, or administrative
or adjudicative body, when the Department of Justice determines that
the records are arguably relevant to the proceeding; or in an
appropriate proceeding before an administrative or adjudicative body
when the adjudicator determines the records to be relevant to the
proceeding.
e. To complainants and/or victims to the extent necessary to
provide such persons with information and explanations concerning the
progress and/or results of the investigation or case arising from the
matters of which they complained and/or of which they were a victim.
f. To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the Federal Government, when
necessary to accomplish an agency function related to this system of
records.
g. To a Member of Congress or staff acting upon the Member's behalf
when the Member or staff requests the information on behalf of, and at
the request of, the individual who is the subject of the record.
h. To the news media and the public, pursuant to 28 CFR 50.2,
unless it is determined that release of the specific information in the
context of a particular case would constitute an unwarranted invasion
of personal privacy.
i. To the National Archives and Records Administration (NARA) for
purposes of records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
j. The Department of Justice may disclose relevant and necessary
information to a former employee of the Department for purposes of:
Responding to an official inquiry by a federal, state, or local
government entity or professional licensing authority, in accordance
with applicable Department regulations; or facilitating communications
with a former employee that may be necessary for personnel-related or
other official purposes where the Department requires information and/
or consultation assistance from the former employee regarding a matter
within that person's former area of responsibility.
Disclosure to Consumer Reporting Agencies:
Not Applicable.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Records are stored in computerized media and printed copies. Any
paper records kept by individuals will be appropriately secured.
Retrievability:
Data may be retrieved by name, identifying number, or other data
elements.
Safeguards:
Nationwide JABS has a combination of technical elements that,
together, integrate into a total security infrastructure to ensure
access is limited to only pre-authorized users. The key technical
design elements of this architecture include: Encrypted user
authentication, redundant firewalls, virtual private networks,
nonrepudiation, data encryption, anti-virus content inspection, and
intrusion detection capabilities. Access to the systems equipment is
limited to pre-authorized personnel through physical access safeguards
that are enforced 24 hours a day, seven (7) days a week. Facilities and
offices which house computer systems are protected at all times by
appropriate locks, security guards, and/or alarm systems.
Retention and Disposal:
a. Temporary. Delete from the JABS data base 99 years after the
date of the first entry.
b. Fingerprints submitted by law enforcement agencies are removed
from the system and destroyed upon the request of the submitting
agencies. The destruction of fingerprints under this procedure results
in the deletion from the system of all arrest information related to
those fingerprints.
c. Fingerprints and related arrest data are removed from the JABS
upon receipt of court orders for expunction when accompanied by
necessary identifying information.
System Manager(s) and Address(es):
JABS Program Management Office, U.S. Department of Justice,
Washington, DC 20530.
Notification Procedure:
Same as ``Record Access Procedure.''
Record Access Procedure:
Inquiries must be addressed in writing and should be sent to the
JABS Program Management Office, at above address. Provide name,
assigned computer location, and a description of information being
sought, including the time frame during which the record(s) may have
been generated. Provide verification of identity as instructed in 28
CFR 16.41(d).
Contesting Records Procedure:
Same as above.
Records Source Categories:
The record subject; federal law enforcement personnel; the courts;
and medical personnel.
Exemptions Claimed for the System:
Pursuant to 5 U.S.C. 552a(j)(2) and (k)(2), the Attorney General
has exempted records in this system from subsections (c)(3) and (4),
(d), (e)(1), (2) and (3), (4)(G) and (H), (e)(5), (e)(8), (f) and (g)
of the Privacy Act. Rules were promulgated in accordance with the
requirements of 5 U.S.C. 553(b), (c), and (e) and are codified at 28
CFR 16.131.
[FR Doc. E6-14828 Filed 9-6-06; 8:45 am]
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