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[Federal Register: April 23, 2001 (Volume 66, Number 78)]
[Notices]               
[Page 20478-20480]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ap01-97]                         

-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

[AAG/A Order No. 227-2001]

 
Privacy Act of 1974; System of Records

    Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), notice is 
hereby given that the Justice Management Division (JMD), Department of 
Justice (DOJ), proposes to establish a new system of records entitled 
``Nationwide Joint Automated Booking System (JABS), Justice/DOJ-005.'' 
The JABS Pilot, originally conducted in South Florida, has now 
transitioned to the Nationwide JABS. The JABS represents a major 
information sharing project among DOJ's five investigative components: 
The Bureau of Prisons (BOP), Drug Enforcement Administration (DEA), 
Federal Bureau of Investigation (FBI), Immigration and Naturalization 
Service (INS), and the U.S. Marshals Service (USMS). This notice of a 
new system of records replaces the Privacy Act notice previously 
published by the USMS. Accordingly, this Department-wide system notice 
replaces, and the Department hereby removes, on the effective date of 
this notice, the following notice previously published by the United 
States Marshals Service: ``Joint Automated Booking Stations, Justice/
USM-014'', (60 FR 18853, April 13, 1995).
    Title 5 U.S.C. 552a(e)(4) and (11) provide that the public be given 
a 30-day period in which to comment on the new system of records. The 
Office of Management and Budget (OMB), which has oversight 
responsibility under the Act, requires that it be given a 40-day period 
in which to review the system notice.
    Therefore, please submit any comments by June 4, 2001. The public, 
OMB, and the Congress are invited to send written comments to Mary 
Cahill, Management and Planning Staff, Justice Management Division, 
Department of Justice, Washington, DC 20530 (Room 1400, National Place 
Building), (202) 307-1823.
    A description of the system of records is provided below. In 
accordance with 5 U.S.C. 552a(r), DOJ has provided a report on the 
proposed new system to OMB and the Congress.

SUPPLEMENTARY INFORMATION: The JABS Pilot (February 1996-July 1999) 
successfully eliminated redundant booking procedures among 
participating agencies, reduce the time required to book an offender, 
improved interagency cooperation, and facilitated the sharing of 
offender information among participating federal criminal justice 
components. The Pilot proved that a nationwide JABS information sharing 
system among criminal justice agencies is beneficial and feasible, and 
therefore, validated both the value of information exchange and work 
reduction concepts that apply to a national system. Based on these 
accomplishments and key lessons learned from the JABS Pilot, the 
Attorney General approved the transition of the JABS Pilot into a 
permanent program.
---------------------------------------------------------------------------

    \1\ Initially, these records will include only those of the 
Department of Justice (DOJ) law enforcement components.

    Dated: April 9, 2001.
Janis A. Sposato,
Acting Assistant Attorney General for Administration.
Justice/DOJ-005

System Name:
    Nationwide Joint Automated Booking System (JABS), Justice/DOJ-005.

System Location:
    JABS Program Management Office, Department of Justice, Washington, 
DC

[[Page 20479]]

20530 with data collection sites in multiple DOJ locations.

Categories of Individuals Covered by the System:
    Alleged criminal offenders who have been detained, arrested, 
booked, or incarcerated. The remainder of this notice will refer to all 
persons covered by the System as ``alleged criminal offender'' or 
``arrestee''.

Categories of Records in the System:
    Records may include certain generic or ``common'' data elements 
which have been collected by an arresting federal agency \1\ at its 
automated booking station (ABS). An agency may book an alleged criminal 
offender on behalf of another agency which performed the arrest. Such 
common data (certain data elements) have been identified by law 
enforcement a those case and biographical data routinely collected by 
the law enforcement community during the booking process, e.g., name, 
date and place of birth, citizenship, hair and eye color, height and 
weight, occupation, social security number, place, date and time of 
arrest and jail location, charge, disposition, any other pertinent 
information related to known activities relevant or unique to the 
subject. Finally, such data may include electronic fingerprints, 
mugshots, and pictures of applicable scars, marks, and tattoos.

Authority for Maintenance of the System:
    8. U.S.C. 1324 and 1357 (f) and (g); 28 U.S.C. 534, 564, 566; 5 
U.S.C. 301 and 44 U.S.C. 3101; 18 U.S.C. 3621, 4003, 4042, 4082, 4086; 
and Comprehensive Drug Abuse Prevention and Control Act of 1970 (Pub. 
L. 91-513), 21 U.S.C. 801 et seq. and Reorganization Plan No. 2 of 
1973.

Purpose(s):
    Nationwide JABS will enable the conduct of automated booking 
procedures by participating law enforcement organizations and provide 
an automated capability to transmit fingerprint and image data to the 
Federal Bureau of Investigation's (FBI) Integrated Automated 
Fingerprint Identification System (IAFIS), Justice/FBI-009 Fingerprint 
Identification Records Systems (FIRS). JABS will define and maintain a 
repository of common offender data elements for identification of 
arrestees by participating federal law enforcement organizations. JABS 
will eliminate repetitive booking of offenders for a single arrest and 
booking, and thereby eliminate the need for duplicate bookings, i.e., 
the collection of much the same data by multiple agencies in prisoner 
processing activities involving such agencies from arrest through 
incarceration. (For example, an individual arrested by the DEA and 
transported by the USMS to a Federal correctional institution may be 
processed by the DEA, USMS, and the BOP.) In addition, JABS will 
standardize booking data elements, enable cross-agency sharing of 
booking information, enhance cooperation among law enforcement 
agencies, and reduce the threat to law enforcement officials and the 
public by facilitating the rapid and positive identification of 
offenders.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    Where necessary and/or appropriate, the DOJ may disclose relevant 
information from the JABS repository and may allow electronic access as 
follows:
    a. To authorized federal law enforcement agencies to input and 
retrieve booking and arrests data on criminal offenders. In addition, 
the JABS repository may be electronically accessed by these agencies 
for other law enforcement purposes such as to learn about the arrest of 
a fugitive wanted in several jurisdictions, to verify the identity of 
an arrestee, or to assist in the criminal investigation activities.
    b. To other judicial/law enforcement agencies, i.e., courts, 
probation, and parole agencies, for direct electronic access to JABS to 
obtain applicable data which will assist them in performing their 
official duties.
    c. To any authorized federal authorities to the extent necessary to 
permit them to perform their law enforcement responsibilities; or to 
any federal and/or international authorities to the extent necessary to 
permit them to perform their law enforcement responsibilities; or to 
any other entity or person, to the extent required to solicit 
information necessary for law enforcement purposes.
    d. To a court or adjudicative body before which the appropriate DOJ 
component is authorized to appear when any of the following is a party 
to litigation or has an interest in litigation and such records are 
determined by the appropriate DOJ component to be arguably relevant to 
the litigation:
    (1) The DOJ component, or any subdivision thereof, or
    (2) Any employee of the DOJ in his or her official capacity, or
    (3) Any employee of the DOJ in his or her individual capacity where 
the DOJ has agreed to represent the employee or has authorized a 
private attorney to represent him or her, and
    (4) The United States, where the DOJ determines that the litigation 
is likely to affect it or any of its subdivisions.
    e. To complainants and/or victims to the extent necessary to 
provide such persons with information and explanations concerning the 
progress and/or results of an investigation or case (e.g., an arrest) 
arising from the matters of which they complained and/or of which they 
were a victim.
    f. To any persons or entity to the extent necessary to prevent an 
imminent and potential crime which directly threatens loss of life or 
serious bodily injury.
    g. To contractors, grantees, experts, consultants, students, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for the federal government, when 
necessary to accomplish an agency function related to this system of 
records.
    h. To a Member of Congress or staff acting upon the Member's behalf 
when the Member or staff requests the information on behalf of and at 
the request of the individual who is the subject of the record.
    i. To the news media and the public, pursuant to 28 CFR 50.2, 
unless it is determined that release of the specific information in the 
context of a particular case would constitute an unwarranted invasion 
of personal privacy.
    j. To the National Archives and Records Administration (NARA) and 
the General Services Administration in records management inspections 
conducted under the authority of 44 U.S.C. 2904 and 2906.
    k. Pursuant to subsection (b)(3) of the Privacy Act, the Department 
of Justice may disclose relevant and necessary information to a former 
employee of the Department for purposes of: responding to an official 
inquiry by a federal, state or local government entity or professional 
licensing authority, in accordance with applicable Department 
regulations; or facilitating communications with a former employee that 
may be necessary for personnel-related or other official purposes where 
the Department requires information and/or consultation assistance from 
the former employee regarding a matter within that person's former area 
of responsibility.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System: Storage:
    Records are stored in computerized media and printed copies. Any 
paper

[[Page 20480]]

records kept by individuals will be appropriately secured.

Retrievability:
    Data may be retrieved by name, identifying number, or other data 
elements.

Safeguards:
    Nationwide JABS will have a combination of technical elements that, 
together, integrate into a total security infrastructure to ensure 
access is limited to only pre-authorized users. The key technical 
design elements of this architecture will include: Encrypted user 
authentication, redundant firewalls, virtual private networks, 
nonrepudiation, data encryption, anti-virus content inspection, and 
intrusion detection capabilities. Access to the systems equipment is 
limited to pre-authorized personnel through physical access safeguards 
that are enforced 24 hours a day, 7 days a week. Facilities and offices 
which house computer systems will be protected at all times by 
appropriate locks, security guards, and/or alarm systems.

Retention and Disposal:
    a. Temporary. Delete from the JABS data base 99 years after the 
date of the first entry. Disposal pending approval at the National 
Archives.
    b. Fingerprints submitted by law enforcement agencies are removed 
from the system and destroyed upon the request of the submitting 
agencies. The destruction of fingerprints under this procedure results 
in the deletion from the system of all arrest information related to 
those fingerprints.
    c. Fingerprints and related arrest data are removed from the JABS 
upon receipt of court orders for expunction when accompanied by 
necessary identifying information.

System Manager(s) and Address:
    JABS Program Management Office, U.S. Department of Justice, 
Washington, DC 20530.

Notification Procedure:
    Same as ``Record Access Procedures.''

Record Access procedure:
    Inquiries must be addressed in writing and should be sent to the 
JABS Program Management Office, at above address. Provide name, 
assigned computer location, and a description of information being 
sought, including the time frame during which the record(s) may have 
been generated. Provide verification of identity as instructed in 28 
CFR 16.41(d).

Contesting Records Procedure:
    Same as above.

Record Source Categories:
    The record subject; federal law enforcement personnel; the courts; 
and medical personnel.

System Exempted from Certain Provisions of the Act:
    Pursuant to 5 U.S.C. 552a(j)(2) and (k)(2), the Attorney General 
has exempted records in this system from subsections (c)(3) and (4), 
(d), (3)(1), (2) and (3), (4)(G) and (H), (e)(5), (e)(8), (f) and (g) 
of the Privacy Act. Rules have been promulgated in accordance with the 
requirements of 5 U.S.C. 553(b), (c), and (e) and are published in 
today's Federal Register.

[FR Doc. 01-9910 Filed 4-20-01; 8:45 am]
BILLING CODE 4410-FB-M

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