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

DEPARTMENT OF JUSTICE

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

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, 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]
BILLING CODE 4410-02-P