[Federal Register Volume 60, Number 76 (Thursday, April 20, 1995)]
[Notices]
[Pages 19774-19778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9739]
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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
