81_FR_27370 81 FR 27283 - Privacy Act of 1974; Systems of Records

81 FR 27283 - Privacy Act of 1974; Systems of Records

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 87 (May 5, 2016)

Page Range27283-27287
FR Document2016-10120

Pursuant to the Privacy Act of 1974, 5 U.S.C. 552a, and Office of Management and Budget (OMB) Circular No. A-130, notice is hereby given that the Department of Justice (Department or DOJ), Federal Bureau of Investigation (FBI), proposes to modify an existing FBI system of records notice titled, ``Fingerprint Identification Records System (FIRS),'' JUSTICE/FBI-009, last published in September 28, 1999 (64 FR 52347), and amended on January 31, 2001 (66 FR 8425), and January 25, 2007 (72 FR 3410). The Department is renaming this system of records, ``The Next Generation Identification (NGI) System,'' JUSTICE/FBI-009. The Department is modifying this system to add and clarify the categories of individuals and records maintained in NGI, and their associated Routine Uses, as well as updating procedures for individuals to access and contest their records. The entire notice is being republished for ease of reference.

Federal Register, Volume 81 Issue 87 (Thursday, May 5, 2016)
[Federal Register Volume 81, Number 87 (Thursday, May 5, 2016)]
[Notices]
[Pages 27283-27287]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10120]



[[Page 27283]]

Vol. 81

Thursday,

No. 87

May 5, 2016

Part IV





 Department of Justice





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28 CFR Part 16





 Privacy Act of 1974; Systems of Records and Implementation; Notice and 
Proposed Rule

Federal Register / Vol. 81 , No. 87 / Thursday, May 5, 2016 / 
Notices

[[Page 27284]]


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DEPARTMENT OF JUSTICE

[CPCLO Order No. 002-2016]


Privacy Act of 1974; Systems of Records

AGENCY: Federal Bureau of Investigation, United States Department of 
Justice.

ACTION: Notice of a modified system of records notice.

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SUMMARY: Pursuant to the Privacy Act of 1974, 5 U.S.C. 552a, and Office 
of Management and Budget (OMB) Circular No. A-130, notice is hereby 
given that the Department of Justice (Department or DOJ), Federal 
Bureau of Investigation (FBI), proposes to modify an existing FBI 
system of records notice titled, ``Fingerprint Identification Records 
System (FIRS),'' JUSTICE/FBI-009, last published in September 28, 1999 
(64 FR 52347), and amended on January 31, 2001 (66 FR 8425), and 
January 25, 2007 (72 FR 3410). The Department is renaming this system 
of records, ``The Next Generation Identification (NGI) System,'' 
JUSTICE/FBI-009. The Department is modifying this system to add and 
clarify the categories of individuals and records maintained in NGI, 
and their associated Routine Uses, as well as updating procedures for 
individuals to access and contest their records. The entire notice is 
being republished for ease of reference.

DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), the public is 
given a 30-day period in which to comment. Therefore, please submit any 
comments by June 6, 2016.

ADDRESSES: The public, OMB, and Congress are invited to submit any 
comments to the Department of Justice, ATTN: Privacy Analyst, Office of 
Privacy and Civil Liberties, Department of Justice, National Place 
Building, 1331 Pennsylvania Avenue NW., Suite 1000, Washington, DC 
20530, or by facsimile at 202-307-0693. To ensure proper handling, 
please reference the above CPCLO Order No. on your correspondence.

FOR FURTHER INFORMATION CONTACT: Roxane M. Panarella, Criminal Justice 
Information Services Division (CJIS), Privacy Attorney, 1000 Custer 
Hollow Road, Clarksburg, WV 26306.

SUPPLEMENTARY INFORMATION: This system of records is maintained by 
FBI's Criminal Justice Information Services Division (CJIS). The FBI is 
in the process of replacing the Integrated Automated Fingerprint 
Identification System (IAFIS) with the NGI system. The IAFIS had 
provided state-of-the-art fingerprint identification and criminal 
history services for many years. The NGI system continues to provide 
fingerprint identification and criminal history services, as well as 
other biometric services, such as enhanced latent fingerprint, palm 
print, and face recognition searching. The NGI system also allows for 
the retention and searching of authorized non-criminal justice 
fingerprints. The FBI developed NGI in response to the growing demand 
for IAFIS services, new and different user requirements, and advances 
in technology. NGI has improved the efficiency, accuracy, and 
availability of the IAFIS services and has added new biometric 
identification services for its federal, state, local, tribal, 
international, and national security partners. NGI was developed in 
increments and includes the following enhancements: (1) The replacement 
of the IAFIS fingerprint identification technology with a new search 
algorithm for improved search accuracy, faster response time, and more 
efficient processing; (2) a rapid search capability via mobile 
fingerprint devices of a subset of the NGI criminal and terrorist 
records; (3) an improvement in latent fingerprint search accuracy and 
more extensive searching of latent fingerprints against the NGI 
fingerprint repository; (4) the addition of palm prints as a 
complementary biometric to fingerprints and a biometric search 
capability of a national palm print system within NGI; (5) the 
increased retention and searching of fingerprints of non-criminal 
justice applicants, employees, volunteers, licensees, and others in 
positions of public trust; (6) a ``rap back'' service that provides 
near real-time notice of criminal events of those in positions of 
public trust to authorized entities; (7) the creation of the interstate 
photo system, which is a repository of all criminal mugshots maintained 
in NGI; (8) the addition of face recognition technology to permit law 
enforcement to search photos against the interstate photo system; (9) 
the creation of a searchable repository of scars, marks, and tattoos 
associated with criminal identities.
    IAFIS had stored some biometrics (e.g., photos, palm prints) other 
than fingerprints but these biometrics were not searchable and, 
consequently, not very useful to the FBI's criminal justice partners. 
NGI has added to these biometric repositories and has enhanced 
searching of these repositories. In addition, NGI has improved the 
searching of latent and non-criminal justice fingerprints. Within NGI, 
tenprint fingerprints (a set of prints from all ten of a person's 
fingers) continue to be necessary for the retrieval of a person's 
identity history summary and confirmation of identity. The 
dissemination of identity history summaries, which may contain criminal 
history information, remains a primary purpose of NGI. Biometrics other 
than tenprint fingerprints do not constitute positive identification 
and are returned only as investigative leads to users of NGI. The 
authorized uses and users of IAFIS have remained the same for NGI. 
Access to and dissemination from the system continues to be authorized 
under the same laws and policies as IAFIS, including 28 U.S.C. 534, 
Public Law 92-544 (86 Stat. 1115) and 28 CFR 0.85(b) and (j) and part 
20.
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and Congress on this modified system of records.

    Dated: April 21, 2016.
Erika Brown Lee,
Chief Privacy and Civil Liberties Officer, United States Department of 
Justice.
JUSTICE/FBI-009

SYSTEM NAME:
    The Next Generation Identification (NGI) System.

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.

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 have been obtained pursuant to 
the FBI's authority to identify and

[[Page 27285]]

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) 
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) for the purposes of employment, licensing, military 
service, or volunteer service;
    I. Individuals who have provided biometrics (e.g. palm prints, 
facial 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) for the purposes of immigration benefits, alien 
registration and naturalization, or other governmental benefits;
    K. Individuals whose biometrics (e.g. palm prints, facial 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.

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) 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 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.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Authorities for the maintenance of these records include 28 U.S.C. 
534, Pub. L. 92-544 (86 Stat. 1115) and codified in 28 CFR 0.85(b) and 
(j) and part 20.

PURPOSE(S):
    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 Pub. L. 92-
544, 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.

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), relevant information contained in this system of records may 
be disclosed as a routine use, under 5 U.S.C. 552a(b)(3), in accordance 
with blanket routine uses established for FBI record systems. See 
Blanket Routine Uses (BRU) Applicable to More Than One FBI Privacy Act 
System of Records, Justice/FBI-BRU, published at 66 FR 33558 (June 22, 
2001) and amended at 70 FR 7513 (February 14, 2005) and 72 FR 3410 
(January 25, 2007). In addition, as routine uses specific to this 
system, the FBI may disclose relevant system records to the following 
persons or entities and under the circumstance or for the purposes 
described below, to the extent such disclosures are compatible with the 
purpose for which the information was collected. Identification and 
criminal history records may be disclosed as follows:
    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 Pub. L. 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/supplies; employees of federal chartered/
insured banking institutions; mortgage loan originators; pari-mutuel

[[Page 27286]]

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 child 
care, Indian gaming, or pursuant to a Pub. L. 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 an individual seeking a copy of his/her own criminal history 
record information pursuant to 28 CFR 16.30-16.34 for the purposes of 
review and correction;
    Y. 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;
    Z. To appropriate agencies, entities, and persons when (1) the 
Department suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised; (2) the Department has determined that as a result of the 
suspected or confirmed compromise there is a risk of harm to economic 
or property interests, identity theft or fraud, or harm to the security 
or integrity of this system or other systems or programs (whether 
maintained by the Department or another agency or entity) that rely 
upon the compromised information; 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 compromise and prevent, minimize, or remedy such harm.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records in this system are stored in paper and/or electronic 
format.

RETRIEVABILITY:
    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 system. Another means of retrieval is through 
name indices which contain

[[Page 27287]]

names of the individuals, their birth data, other physical descriptors, 
and unique identifying numbers, if such have been assigned.

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.

RETENTION AND DISPOSAL:
    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.

SYSTEM MANAGER(S) AND ADDRESS:
    Assistant Director, Criminal Justice Information Services Division, 
Federal Bureau of Investigation, 1000 Custer Hollow Road, Clarksburg, 
WV 26306.

NOTIFICATION PROCEDURE:
    Because this system contains information related to the 
government's law enforcement and national security programs, records in 
this system have been exempted from subsections (d), (e)(4)(G), 
(e)(4)(H), and (e)(4)(I) pursuant to subsections (j)(2), (k)(2), and 
(k)(5) of the Privacy Act.

RECORD ACCESS PROCEDURES:
    Because this system contains information related to the 
government's law enforcement and national security programs, this 
system of records has been exempted from subsections (d) and (e)(4)(H) 
pursuant to subsections (j)(2), (k)(2), and (k)(5) of the Privacy Act. 
However, procedures are set forth at 28 CFR 16.30-16.34 and 20.24 for 
an individual to obtain a copy of his/her identification record 
maintained in NGI to review or to obtain a change, correction, or 
updating of the record.

CONTESTING RECORD PROCEDURES:
    Same as above.

RECORD SOURCE CATEGORIES:
    Federal, state, local, tribal, foreign, and international agencies.

EXEMPTIONS CLAIMED 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)(2). In addition, the Attorney General has exempted this 
system from (c)(3), (d), (e)(1), and (e)(4)(G) and (H), pursuant to 
(k)(2) and (k)(5). 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. 2016-10120 Filed 5-4-16; 8:45 am]
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                                                   27284                           Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices

                                                   DEPARTMENT OF JUSTICE                                   The IAFIS had provided state-of-the-art               all ten of a person’s fingers) continue to
                                                                                                           fingerprint identification and criminal               be necessary for the retrieval of a
                                                   [CPCLO Order No. 002–2016]                              history services for many years. The NGI              person’s identity history summary and
                                                                                                           system continues to provide fingerprint               confirmation of identity. The
                                                   Privacy Act of 1974; Systems of
                                                                                                           identification and criminal history                   dissemination of identity history
                                                   Records
                                                                                                           services, as well as other biometric                  summaries, which may contain criminal
                                                   AGENCY:   Federal Bureau of                             services, such as enhanced latent                     history information, remains a primary
                                                   Investigation, United States Department                 fingerprint, palm print, and face                     purpose of NGI. Biometrics other than
                                                   of Justice.                                             recognition searching. The NGI system                 tenprint fingerprints do not constitute
                                                   ACTION: Notice of a modified system of                  also allows for the retention and                     positive identification and are returned
                                                   records notice.                                         searching of authorized non-criminal                  only as investigative leads to users of
                                                                                                           justice fingerprints. The FBI developed               NGI. The authorized uses and users of
                                                   SUMMARY:    Pursuant to the Privacy Act of              NGI in response to the growing demand                 IAFIS have remained the same for NGI.
                                                   1974, 5 U.S.C. 552a, and Office of                      for IAFIS services, new and different                 Access to and dissemination from the
                                                   Management and Budget (OMB)                             user requirements, and advances in                    system continues to be authorized under
                                                   Circular No. A–130, notice is hereby                    technology. NGI has improved the                      the same laws and policies as IAFIS,
                                                   given that the Department of Justice                    efficiency, accuracy, and availability of             including 28 U.S.C. 534, Public Law 92–
                                                   (Department or DOJ), Federal Bureau of                  the IAFIS services and has added new                  544 (86 Stat. 1115) and 28 CFR 0.85(b)
                                                   Investigation (FBI), proposes to modify                 biometric identification services for its             and (j) and part 20.
                                                   an existing FBI system of records notice                federal, state, local, tribal, international,            In accordance with 5 U.S.C. 552a(r),
                                                   titled, ‘‘Fingerprint Identification                    and national security partners. NGI was               the Department has provided a report to
                                                   Records System (FIRS),’’ JUSTICE/FBI–                   developed in increments and includes                  OMB and Congress on this modified
                                                   009, last published in September 28,                    the following enhancements: (1) The                   system of records.
                                                   1999 (64 FR 52347), and amended on                      replacement of the IAFIS fingerprint                    Dated: April 21, 2016.
                                                   January 31, 2001 (66 FR 8425), and                      identification technology with a new                  Erika Brown Lee,
                                                   January 25, 2007 (72 FR 3410). The                      search algorithm for improved search
                                                                                                                                                                 Chief Privacy and Civil Liberties Officer,
                                                   Department is renaming this system of                   accuracy, faster response time, and more              United States Department of Justice.
                                                   records, ‘‘The Next Generation                          efficient processing; (2) a rapid search
                                                   Identification (NGI) System,’’ JUSTICE/                 capability via mobile fingerprint devices             JUSTICE/FBI–009
                                                   FBI–009. The Department is modifying                    of a subset of the NGI criminal and
                                                                                                                                                                 SYSTEM NAME:
                                                   this system to add and clarify the                      terrorist records; (3) an improvement in
                                                   categories of individuals and records                   latent fingerprint search accuracy and                  The Next Generation Identification
                                                   maintained in NGI, and their associated                 more extensive searching of latent                    (NGI) System.
                                                   Routine Uses, as well as updating                       fingerprints against the NGI fingerprint              SECURITY CLASSIFICATION:
                                                   procedures for individuals to access and                repository; (4) the addition of palm
                                                   contest their records. The entire notice                prints as a complementary biometric to                  Unclassified.
                                                   is being republished for ease of                        fingerprints and a biometric search                   SYSTEM LOCATION:
                                                   reference.                                              capability of a national palm print
                                                                                                                                                                   Records described in this notice are
                                                   DATES:  In accordance with 5 U.S.C.                     system within NGI; (5) the increased
                                                                                                                                                                 maintained at the Federal Bureau of
                                                   552a(e)(4) and (11), the public is given                retention and searching of fingerprints
                                                                                                                                                                 Investigation (FBI), Criminal Justice
                                                   a 30-day period in which to comment.                    of non-criminal justice applicants,
                                                                                                                                                                 Information Services Division (CJIS),
                                                   Therefore, please submit any comments                   employees, volunteers, licensees, and
                                                                                                                                                                 Clarksburg, WV. Some or all system
                                                   by June 6, 2016.                                        others in positions of public trust; (6) a
                                                                                                                                                                 information may be duplicated at other
                                                                                                           ‘‘rap back’’ service that provides near
                                                   ADDRESSES: The public, OMB, and                                                                               locations, including at FBI facilities, for
                                                                                                           real-time notice of criminal events of
                                                   Congress are invited to submit any                                                                            purposes of system backup, emergency
                                                                                                           those in positions of public trust to
                                                   comments to the Department of Justice,                                                                        preparedness, and continuity of
                                                                                                           authorized entities; (7) the creation of
                                                   ATTN: Privacy Analyst, Office of                                                                              operations.
                                                                                                           the interstate photo system, which is a
                                                   Privacy and Civil Liberties, Department                 repository of all criminal mugshots                   CATEGORIES OF INDIVIDUALS COVERED BY THE
                                                   of Justice, National Place Building, 1331               maintained in NGI; (8) the addition of                SYSTEM:
                                                   Pennsylvania Avenue NW., Suite 1000,                    face recognition technology to permit
                                                   Washington, DC 20530, or by facsimile                                                                           A. Individuals fingerprinted as a
                                                                                                           law enforcement to search photos                      result of a criminal inquiry, a lawful
                                                   at 202–307–0693. To ensure proper                       against the interstate photo system; (9)
                                                   handling, please reference the above                                                                          detention, an arrest, incarceration, or
                                                                                                           the creation of a searchable repository of            immigration or other civil law violation;
                                                   CPCLO Order No. on your                                 scars, marks, and tattoos associated with
                                                   correspondence.                                                                                                 B. Individuals fingerprinted for the
                                                                                                           criminal identities.                                  purposes of employment, licensing,
                                                   FOR FURTHER INFORMATION CONTACT:                           IAFIS had stored some biometrics                   military service, or volunteer service;
                                                   Roxane M. Panarella, Criminal Justice                   (e.g., photos, palm prints) other than                  C. Individuals fingerprinted for the
                                                   Information Services Division (CJIS),                   fingerprints but these biometrics were                purposes of security clearances,
                                                   Privacy Attorney, 1000 Custer Hollow                    not searchable and, consequently, not                 suitability determinations, or other
                                                   Road, Clarksburg, WV 26306.
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                                                                                                           very useful to the FBI’s criminal justice             background checks;
                                                   SUPPLEMENTARY INFORMATION: This                         partners. NGI has added to these                        D. Individuals fingerprinted for the
                                                   system of records is maintained by FBI’s                biometric repositories and has enhanced               purposes of immigration benefits, alien
                                                   Criminal Justice Information Services                   searching of these repositories. In                   registration and naturalization, or other
                                                   Division (CJIS). The FBI is in the                      addition, NGI has improved the                        governmental benefits;
                                                   process of replacing the Integrated                     searching of latent and non-criminal                    E. Individuals whose fingerprints
                                                   Automated Fingerprint Identification                    justice fingerprints. Within NGI,                     have been obtained pursuant to the
                                                   System (IAFIS) with the NGI system.                     tenprint fingerprints (a set of prints from           FBI’s authority to identify and


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                                                                                   Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices                                              27285

                                                   investigate federal crimes and threats to                  D. Fingerprint images with related                 ROUTINE USES OF RECORDS MAINTAINED IN THE
                                                   the national security;                                  biographic, biometric, and event                      SYSTEM, INCLUDING CATEGORIES OF USERS AND
                                                      F. Individuals whose fingerprints or                                                                       THE PURPOSES OF SUCH USES:
                                                                                                           information received from federal
                                                   other biometrics have been received                     government agencies pursuant to the                      In addition to those disclosures
                                                   from foreign countries or international                 FBI’s authority to identify and                       generally permitted under 5 U.S.C.
                                                   organizations pursuant to sharing                       investigate federal crimes and threats to             552a(b), relevant information contained
                                                   agreements;                                             the national security;                                in this system of records may be
                                                      G. Individuals whose biometrics (e.g.                   E. Fingerprint images with related                 disclosed as a routine use, under 5
                                                   palm prints, facial images) have been                   biographic, biometric, and event                      U.S.C. 552a(b)(3), in accordance with
                                                   obtained as a result of a criminal                      information received from foreign                     blanket routine uses established for FBI
                                                   inquiry, a lawful detention, an arrest,                 countries or international organizations              record systems. See Blanket Routine
                                                   incarceration, or immigration or other                  pursuant to sharing agreements;                       Uses (BRU) Applicable to More Than
                                                   civil law violation;                                       F. Identity History Summary records                One FBI Privacy Act System of Records,
                                                      H. Individuals who have provided                     that contain the criminal justice                     Justice/FBI–BRU, published at 66 FR
                                                   biometrics (e.g. palm prints, facial                    information associated with criminal                  33558 (June 22, 2001) and amended at
                                                   images) for the purposes of                             fingerprints (i.e. ‘‘rap sheets’’) and/or             70 FR 7513 (February 14, 2005) and 72
                                                   employment, licensing, military service,                the noncriminal justice information                   FR 3410 (January 25, 2007). In addition,
                                                   or volunteer service;                                   associated with civil fingerprints;                   as routine uses specific to this system,
                                                      I. Individuals who have provided                        G. A name index pertaining to all                  the FBI may disclose relevant system
                                                   biometrics (e.g. palm prints, facial                    individuals whose criminal fingerprint                records to the following persons or
                                                   images) for the purposes of security                    images are maintained in the system (i.e.             entities and under the circumstance or
                                                   clearances, suitability determinations,                 the Interstate Identification Index);                 for the purposes described below, to the
                                                   or other background checks;                                H. Biometric images (e.g. palm prints,             extent such disclosures are compatible
                                                      J. Individuals who have provided                     facial images) maintained for criminal,               with the purpose for which the
                                                   biometrics (e.g. palm prints, facial                    civil, and/or national security purposes;             information was collected.
                                                   images) for the purposes of immigration                    I. Latent fingerprints and palm prints             Identification and criminal history
                                                   benefits, alien registration and                        and/or other latent biometric images                  records may be disclosed as follows:
                                                   naturalization, or other governmental                   maintained for criminal and/or national                  A. To local, state, tribal, or federal law
                                                   benefits;                                               security purposes;                                    enforcement or criminal justice agencies
                                                      K. Individuals whose biometrics (e.g.                                                                      (to include the police, prosecution,
                                                                                                              J. Unknown facial images and palm
                                                   palm prints, facial images) have been                                                                         penal, probation, parole, and the
                                                                                                           prints and/or other unknown biometric
                                                   obtained pursuant to the FBI’s authority                                                                      judiciary) or other authorized federal
                                                                                                           images maintained for criminal and/or
                                                   to identify and investigate federal                                                                           agencies where such disclosure: (a) May
                                                                                                           national security purposes;
                                                   crimes and threats to the national                                                                            assist the recipient in the performance
                                                                                                              K. Fingerprint images and/or other
                                                   security;                                                                                                     of its law enforcement, criminal justice,
                                                      L. Individuals whose fingerprints or                 biometric images maintained in support
                                                                                                           of disaster response, humanitarian                    or national security functions, to
                                                   other biometrics have been retrieved                                                                          include the screening of employees or
                                                   from locations, property, or persons                    efforts, or similar purposes;
                                                                                                              L. Fingerprint images with related                 applicants for employment (b) may
                                                   associated with criminal or national                                                                          assist the FBI in performing a law
                                                   security investigations;                                biographic, biometric, and event
                                                                                                           information maintained pursuant to an                 enforcement or national security
                                                      M. Missing persons, unidentified                                                                           function (c) may promote, assist, or
                                                   persons, or others whose fingerprints or                individual’s request or consent.
                                                                                                                                                                 otherwise serve the mutual efforts of the
                                                   other biometrics have been submitted in                 AUTHORITY FOR MAINTENANCE OF THE SYSTEM:              law enforcement, criminal justice, and
                                                   support of disaster response,                                                                                 national security communities, such as
                                                                                                             Authorities for the maintenance of
                                                   humanitarian efforts, or similar                                                                              site security screening of visitors to
                                                                                                           these records include 28 U.S.C. 534,
                                                   purposes;                                                                                                     criminal justice facilities and military
                                                      N. Individuals whose fingerprints or                 Pub. L. 92–544 (86 Stat. 1115) and
                                                                                                           codified in 28 CFR 0.85(b) and (j) and                installations; or (d) may serve a
                                                   other biometrics have been retained at                                                                        compatible civil law enforcement
                                                   their request or consent for personal                   part 20.
                                                                                                                                                                 purpose;
                                                   identification purposes;                                PURPOSE(S):                                              B. To state or local agencies for the
                                                      O. Individuals whose biographic                        The purposes for maintaining the NGI                purpose of background investigations of
                                                   and/or biometric information may be                     System include identification and                     applicants for noncriminal justice
                                                   retained due to their official duties                   criminal history information functions                employment or licensing purposes, or
                                                   associated with the processing of system                in order to perform non-criminal justice              other entities, if authorized by a federal
                                                   records (e.g. system administrators,                    background checks, to enforce criminal                statute (e.g. The National Child
                                                   fingerprint collectors) or in their roles as
                                                                                                           laws, to further national security, and to            Protection Act of 1993, Volunteers for
                                                   authorized users of the system.
                                                                                                           assist with humanitarian efforts. The                 Children Act, Adam Walsh Child
                                                   CATEGORIES OF RECORDS IN THE SYSTEM:                    NGI system maintains and disseminates                 Protection and Safety Act of 2006) or a
                                                     A. Criminal fingerprint images with                   relevant records to local, state, tribal,             state statute pursuant to Pub. L. 92–544.
                                                   related biographic, biometric, and                      federal, foreign, and international                   Examples include: Those caring for or in
                                                   criminal justice information;                           criminal justice agencies, as well as                 contact with vulnerable populations
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                                                     B. Civil fingerprint images with                      non-criminal justice agencies and other               (children, the elderly, the disabled);
                                                   related biographic, biometric, and                      entities where authorized by federal                  nursing and home healthcare
                                                   noncriminal justice information;                        statute, state statute pursuant to Pub. L.            professionals; non-profit volunteers;
                                                     C. Fingerprint images with related                    92–544, Presidential executive order or               foster/adoptive parents; private security
                                                   biographic, biometric, and event                        regulation of the Attorney General of the             officers; providers of medical services/
                                                   information maintained for the purposes                 United States. In addition, identification            supplies; employees of federal
                                                   of national security (e.g. known or                     assistance is provided in disasters and               chartered/insured banking institutions;
                                                   appropriately suspected terrorists);                    for other humanitarian purposes.                      mortgage loan originators; pari-mutuel


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                                                   27286                           Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices

                                                   wagering/racing licensees; and firearms                    L. To federal agencies for any official            Parts 22 and 46 of Title 28 of the Code
                                                   or explosives permits/licenses;                         duty required by their agency rules,                  of Federal Regulations;
                                                     C. To authorized police departments                   regulations, Executive Order, or statute;                X. To an individual seeking a copy of
                                                   of railroads and of private colleges and                   M. To regulatory agencies authorized               his/her own criminal history record
                                                   universities performing the                             by federal statute (e.g. the Securities and           information pursuant to 28 CFR 16.30–
                                                   administration of criminal justice;                     Exchange Commission, the Nuclear                      16.34 for the purposes of review and
                                                     D. To officials of tribal agencies for                Regulatory Commission, the Commodity                  correction;
                                                   the purpose of Indian child care, Indian                Futures Trading Commission);                             Y. To a former employee of the
                                                   gaming, or pursuant to a Pub. L. 92–544                    N. To the Department of State for the              Department for purposes of: Responding
                                                   state statute;                                          purpose of determining the eligibility of             to an official inquiry by a federal, state,
                                                     E. To officials of civil or criminal                  visa applicants;                                      or local government entity or
                                                   courts for use in domestic violence or                     O. To the Department of Health and                 professional licensing authority, in
                                                   stalking cases;                                         Human Services and Department of                      accordance with applicable Department
                                                     F. To noncriminal justice                                                                                   regulations; or facilitating
                                                                                                           Agriculture for the purpose of
                                                   governmental agencies performing                                                                              communications with a former
                                                                                                           conducting security risk assessments of
                                                   criminal justice dispatching functions or                                                                     employee that may be necessary for
                                                                                                           individuals handling biological agents
                                                   data processing/information services for                                                                      personnel-related or other official
                                                                                                           or toxins;
                                                   criminal justice agencies;                                                                                    purposes where the Department requires
                                                     G. To private contractors for the                        P. To the Department of Homeland
                                                                                                           Security and its components for use in                information and/or consultation
                                                   purpose of providing services for the                                                                         assistance from the former employee
                                                   administration of criminal justice                      background investigations of
                                                                                                           individuals with access to secure areas               regarding a matter within that person’s
                                                   pursuant to a specific agreement (which                                                                       former area of responsibility;
                                                   must incorporate a Security Addendum                    of airports, aircraft, ports, and vessels;
                                                                                                           commercial drivers of hazardous                          Z. To appropriate agencies, entities,
                                                   approved by the Attorney General of the                                                                       and persons when (1) the Department
                                                   United States) with a criminal justice                  materials; applicants for aircraft
                                                                                                           training; those responsible for screening             suspects or has confirmed that the
                                                   agency or a noncriminal justice                                                                               security or confidentiality of
                                                   governmental agency performing                          airport passengers and property; those
                                                                                                           with security functions related to                    information in the system of records has
                                                   criminal justice dispatching functions or                                                                     been compromised; (2) the Department
                                                   data processing/information services for                baggage and cargo; and other statutorily
                                                                                                           authorized populations;                               has determined that as a result of the
                                                   criminal justice agencies;                                                                                    suspected or confirmed compromise
                                                     H. To private contractors pursuant to                    Q. To the National Center for Missing
                                                                                                           and Exploited Children when acting                    there is a risk of harm to economic or
                                                   specific outsourcing agreements with
                                                                                                           within its statutory duty to support law              property interests, identity theft or
                                                   noncriminal justice agencies to provide
                                                                                                           enforcement agencies and to                           fraud, or harm to the security or
                                                   noncriminal justice administrative
                                                                                                           governmental social service agencies                  integrity of this system or other systems
                                                   functions such as electronic fingerprint
                                                                                                           when acting within their duties to                    or programs (whether maintained by the
                                                   submission and response; tracking
                                                                                                           investigate or respond to reports of child            Department or another agency or entity)
                                                   missing dispositions; and archival,
                                                                                                           abuse, neglect, or exploitation or other              that rely upon the compromised
                                                   storage, or destruction of criminal
                                                                                                           legally mandated duties;                              information; and (3) the disclosure
                                                   history record information;
                                                                                                              R. To public housing authorities for               made to such agencies, entities, and
                                                     I. To authorized foreign governments
                                                                                                           the purpose of conducting background                  persons is reasonably necessary to assist
                                                   or international agencies where such
                                                                                                           checks of applicants for, or tenants of,              in connection with the Department’s
                                                   disclosure: (a) May assist the recipient
                                                                                                           public housing and to Indian Tribes or                efforts to respond to the suspected or
                                                   in the performance of its law
                                                                                                           Tribally Designated Housing Entities for              confirmed compromise and prevent,
                                                   enforcement, criminal justice, or
                                                                                                           the purpose of conducting background                  minimize, or remedy such harm.
                                                   national security functions (b) may
                                                   assist the FBI in performing a law                      checks of adult applicants for                        DISCLOSURE TO CONSUMER REPORTING
                                                   enforcement or national security                        employment or housing;                                AGENCIES:
                                                   function (c) may promote, assist, or                       S. To authorized local, state, and                   None.
                                                   otherwise serve the mutual efforts of the               federal agencies for the purposes of
                                                   international community or (d) may                      emergency child placement or                          POLICIES AND PRACTICES FOR STORING,
                                                                                                           emergency disaster response;                          RETRIEVING, ACCESSING, RETAINING, AND
                                                   serve a compatible civil law
                                                                                                              T. To authorized local, state, tribal,             DISPOSING OF RECORDS IN THE SYSTEM:
                                                   enforcement purpose;
                                                     J. To the Department of Defense,                      federal, foreign, or international                    STORAGE:
                                                   Department of State, Department of                      agencies for humanitarian purposes;                     Records in this system are stored in
                                                   Transportation, Office of Personnel                        U. To a designated point of contact at             paper and/or electronic format.
                                                   Management, Central Intelligence                        a criminal justice agency for the purpose
                                                   Agency, or other statutorily authorized                 of background checks under the                        RETRIEVABILITY:
                                                   federal agency for the purpose of                       National Instant Criminal Background                     Records in this system are typically
                                                   determining the eligibility of a person                 Check System (NICS);                                  retrieved by fingerprints, biometrics,
                                                   for access to classified information or                    V. To local, state, or federal law                 individual name, and other identifying
                                                   assignment to or retention in sensitive                 enforcement agencies for the                          data, including unique identifying
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                                                   national security positions, the Armed                  investigation of and issuance of firearms             numbers assigned by the FBI or other
                                                   Forces, or positions of public trust or                 and explosives permits;                               government agencies. Positive
                                                   other critical or sensitive positions, or                  W. To government employees,                        identification is effected only by
                                                   other suitability determinations;                       contractors, grantees, experts,                       comparison of fingerprint impressions
                                                     K. To federal agencies for use in                     consultant, students, or others for                   submitted for search against the
                                                   background investigations of present                    research conducted or training                        fingerprints maintained within the
                                                   and prospective federal employees and                   performed in accordance with statutory                system. Another means of retrieval is
                                                   contractors;                                            and regulatory requirements, including                through name indices which contain


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                                                                                   Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices                                                  27287

                                                   names of the individuals, their birth                   years after notification of death with                CFR 16.30–16.34 and 20.24 for an
                                                   data, other physical descriptors, and                   biometric confirmation. Criminal                      individual to obtain a copy of his/her
                                                   unique identifying numbers, if such                     history records and transaction logs are              identification record maintained in NGI
                                                   have been assigned.                                     to be permanently retained.                           to review or to obtain a change,
                                                                                                                                                                 correction, or updating of the record.
                                                   SAFEGUARDS:                                             SYSTEM MANAGER(S) AND ADDRESS:

                                                     All records are maintained in a secure                  Assistant Director, Criminal Justice                CONTESTING RECORD PROCEDURES:
                                                   government facility with access limited                 Information Services Division, Federal                  Same as above.
                                                   to only authorized personnel or                         Bureau of Investigation, 1000 Custer
                                                                                                           Hollow Road, Clarksburg, WV 26306.                    RECORD SOURCE CATEGORIES:
                                                   authorized and escorted visitors.
                                                   Disclosure of information from the                      NOTIFICATION PROCEDURE:
                                                                                                                                                                   Federal, state, local, tribal, foreign,
                                                   system is made only to authorized                                                                             and international agencies.
                                                                                                              Because this system contains
                                                   recipients upon authentication and                      information related to the government’s               EXEMPTIONS CLAIMED FOR THE SYSTEM:
                                                   verification of the right to access the                 law enforcement and national security
                                                   system by such persons and agencies.                                                                             The Attorney General has exempted
                                                                                                           programs, records in this system have                 this system from subsections (c)(3) and
                                                   The physical security and maintenance                   been exempted from subsections (d),
                                                   of information within the system is                                                                           (4); (d)(1), (2), (3) and (4); (e)(1), (2), (3),
                                                                                                           (e)(4)(G), (e)(4)(H), and (e)(4)(I) pursuant          (4)(G) (H) and (I), (5) and (8); (f) and (g)
                                                   provided by FBI rules, regulations, and                 to subsections (j)(2), (k)(2), and (k)(5) of
                                                   procedures.                                                                                                   of the Privacy Act pursuant to 5 U.S.C.
                                                                                                           the Privacy Act.                                      552a(j)(2). In addition, the Attorney
                                                   RETENTION AND DISPOSAL:                                 RECORD ACCESS PROCEDURES:                             General has exempted this system from
                                                     Records in this system will be                           Because this system contains                       (c)(3), (d), (e)(1), and (e)(4)(G) and (H),
                                                   retained and disposed of in accordance                  information related to the government’s               pursuant to (k)(2) and (k)(5). Rules have
                                                   with the records schedule approved by                   law enforcement and national security                 been promulgated in accordance with
                                                   the National Archives and Records                       programs, this system of records has                  the requirements of 5 U.S.C. 553(b), (c),
                                                   Administration. In general, fingerprints                been exempted from subsections (d) and                and (e) and have been published in the
                                                   and associated biometric and biographic                 (e)(4)(H) pursuant to subsections (j)(2),             Federal Register.
                                                   information will be destroyed when the                  (k)(2), and (k)(5) of the Privacy Act.                [FR Doc. 2016–10120 Filed 5–4–16; 8:45 am]
                                                   subjects attain 110 years of age or 7                   However, procedures are set forth at 28               BILLING CODE 4410–02–P
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Document Created: 2016-05-05 01:15:59
Document Modified: 2016-05-05 01:15:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of a modified system of records notice.
DatesIn accordance with 5 U.S.C. 552a(e)(4) and (11), the public is given a 30-day period in which to comment. Therefore, please submit any comments by June 6, 2016.
ContactRoxane M. Panarella, Criminal Justice Information Services Division (CJIS), Privacy Attorney, 1000 Custer Hollow Road, Clarksburg, WV 26306.
FR Citation81 FR 27283 

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