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Privacy Act: [JUSTICE/FBI-003]...
<DOC> [2001 Privacy Act] [From the U.S. Government Printing Office via GPO Access] [Page 33560-33563] #.DEPARTMENT OF JUSTICE #..Federal Bureau of Investigation #..JUSTICE/FBI-BRU #....System name: Blanket Routine Uses (BRU) Applicable to More Than One FBI Privacy Act System of Records. APPLICABILITY: The following routine uses describe those types of disclosures which are common to more than one FBI Privacy Act system of records and which the FBI is establishing as ``blanket'' routine uses. Unless this or other published notice expressly provides otherwise, these blanket routine uses shall apply, without need of further implementation, to every existing FBI Privacy Act system of records and to all FBI systems of records created or modified hereafter. These blanket routine uses supplement but do not replace any routine uses that are separately published in the notices of individual record systems to which the blanket routine uses apply. Routine uses of records maintained in the FBI, including categories of users and the purposes of such uses: System records may be disclosed to the following persons or entities under the circumstances or for the purposes described below, to the extent such disclosures are compatible with the purpose for which the information was collected. (These routine uses are not meant to be mutually exclusive and may overlap in some cases.) BRU-1. Violations of Law, Regulation, Rule, Order, or Contract. If any system record, on its face or in conjunction with other information, indicates a violation or potential violation of law (whether civil or criminal), regulation, rule, order, or contract, the pertinent record may be disclosed to the appropriate entity (whether federal, state, local, joint, tribal, foreign, or international), that is charged with the responsibility of investigating, prosecuting, and/or enforcing such law, regulation, rule, order, or contract. BRU-2. Non-FBI Employees. To contractors, grantees, experts, consultants, students, or other performing or working on a contract, service, grant, cooperative agreement, or other assignment for the Federal Government, when necessary to accomplish an agency function. BRU-3. Appropriate Disclosures to the Public. To the news media or members of the general public in furtherance of a legitimate law enforcement or public safety function as determined by the FBI, e.g., to assist in locating fugitives; to provide notifications of arrests; to provide alerts, assessments, or similar information on potential threats to life, health, or property; or to keep the public appropriately informed of other law enforcement or FBI matters or other matters of legitimate public interest where disclosure could not reasonably be expected to constitute an unwarranted invasion of personal privacy. (The availability of information in pending criminal or civil cases will be governed by the provisions of 28 CFR 50.2.) BRU-4. Courts or Adjudicative Bodies. To a court or adjudicative body, in matters in which (a) the FBI or any FBI employee in his or her official capacity, (b) any FBI employee in his or her individual capacity where the Department of Justice has agreed to represent the employee, or (c) the United States, is or could be a party to the litigation, is likely to be affected by the litigation, or has an official interest in the litigation, and disclosure of system records has been determined by the FBI to be arguably relevant to the litigation. Similar disclosures may be made in analogous situations related to assistance provided to the Federal Government by non-FBI employees (see BRU-2). BRU-5. Parties. To an actual or potential party or his or her attorney for the purpose of negotiating or discussing such matters as settlement of the case or matter, or informal discovery proceedings, in matters in which the FBI has an official interest and in which the FBI determines records in the system to be arguably relevant. BRU-6. As Mandated by Law. To such recipients and under such circumstances and procedures as are mandated by Federal statute or treaty. BRU-7. Members of Congress. To a Member of Congress or a person on his or her staff acting on the Member's behalf when the request is made on behalf and at the request of the individual who is the subject of the record. BRU-8. NARA/GSA Records Management. To the National Archives and Records Administration and the General Services Administration for records management inspections and such other purposes conducted under [[Page 33560]] the authority of 44 U.S.C. 2904 and 2906. BRU-9. Auditors. To any agency, organization, or individual for the purposes of performing authorized audit or oversight operations of the FBI and meeting related reporting requirements. BRU-10. Former Employees. The DOJ 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. (Such disclosures will be effected under procedures established in title 28, Code of Federal Regulations, sections 16.300-301 and DOJ Order 2710.8C, including any future revisions.) FBI RECORDS SYSTEMS TO WHICH THESE BLANKET ROUTINE USES DO NOT APPLY: These blanket routine uses shall not apply to the following FBI Privacy Act systems of records (to which shall apply only those routine uses established in the records system notice for the particular system): JUSTICE/FBI-017, National DNA Index System (NDIS) (last published in the Federal Register on July 18, 1996, at 61 FR 37495); and JUSTICE/FBI-018, National Instant Criminal Background Check System (NICS) (last published in the Federal Register on November 25, 1998, at 63 FR 65,223). #..JUSTICE/FBI 001 #....System name: National Crime Information Center (NCIC). System location: Federal Bureau of Investigation, Criminal Justice Information Services (CJIS) Division, 1000 Custer Hollow Road, Clarksburg, WV 26306. Categories of individuals covered by the system: A. Wanted Persons: 1. Individuals for whom federal warrants are outstanding. 2. Individuals who have committed or have been identified with an offense which is classified as a felony or serious misdemeanor under the existing penal statutes of the jurisdiction originating the entry and for whom a felony or misdemeanor warrant has been issued with respect to the offense which was the basis of the entry. Probation and parole violators meeting the foregoing criteria. 3. A ``Temporary Felony Want'' may be entered when a law enforcement agency has need to take prompt action to establish a ``want'' entry for the apprehension of a person who has committed, or the officer has reasonable grounds to believe has committed, a felony and who may seek refuge by fleeing across jurisdictional boundaries and circumstances preclude the immediate procurement of a felony warrant. A ``Temporary Felony Want'' shall be specifically identified as such and subject to verification and support by a proper warrant within 48 hours following the entry of a temporary want. The agency originating the ``Temporary Felony Want'' shall be responsible for subsequent verification or re-entry of a permanent want. 4. Juveniles who have been adjudicated delinquent and who have escaped or absconded from custody, even though no arrest warrants were issued. Juveniles who have been charged with the commission of a delinquent act that would be a crime if committed by an adult, and who have fled from the state where the act was committed. 5. Individuals who have committed or have been identified with an offense committed in a foreign country, which would be a felony if committed in the United States, and for whom a warrant of arrest is outstanding and for which act an extradition treaty exists between the United States and that country. 6. Individuals who have committed or have been identified with an offense committed in Canada and for whom a Canada-Wide Warrant has been issued which meets the requirements of the Canada-U.S. Extradition Treaty, 18 U.S.C. 3184. B. Individuals who have been charged with serious and/or significant offenses: 1. Individuals who have been fingerprinted and whose criminal history record information has been obtained. 2. Violent Felons: Persons with three or more convictions for a violent felony or serious drug offense as defined by 18 U.S.C. 924(e). C. Missing Persons: 1. A person of any age who is missing and who is under proven physical/mental disability or is senile, thereby subjecting that person or others to personal and immediate danger. 2. A person of any age who is missing under circumstances indicating that the disappearance was not voluntary. 3. A person of any age who is missing under circumstances indicating that that person's physical safety may be in danger. 4. A person of any age who is missing after a catastrophe. 5. A person who is missing and declared unemancipated as defined by the laws of the person's state of residence and does not meet any of the entry criteria set forth in 1-4 above. D. Individuals designed by the U.S. Secret Service as posing a potential danger to the President and/or other authorized protectees. E. Members of Violent Criminal Gangs: Individuals about whom investigation has developed sufficient information to establish membership in a particular violent criminal gang by either: 1. Self admission at the time of arrest or incarceration, or 2. Any two of the following criteria: a. Identified as a gang member by a reliable informant; b. Identified as a gang member by an informant whose information has been corroborated; c. Frequents a gang's area, associates with known members, and/or affects gang dress, tattoos, or hand signals; d. Has been arrested multiple times with known gang members for offenses consistent with gang activity; or e. Self admission (other than at the time of arrest or incarceration). F. Members of Terrorist Organizations: Individuals about whom investigation has developed sufficient information to establish membership in a particular terrorist organization using the same criteria listed above in paragraph E, items 1 and 2 a-e, as they apply to members of terrorist organizations rather than members of violent criminal gangs. G. Unidentified Persons: 1. Any unidentified deceased person. 2. Any person who is living, but whose identify has not been ascertained (e.g., infant, amnesia victim). 3. Any unidentified catastrophe victim. 4. Body parts when a body has been dismembered. Categories of records in the system: A. Stolen Vehicle File: 1. Stolen vehicles. 2. Vehicles wanted in conjunction with felonies or serious misdemeanors. 3. Stolen vehicle parts including certificates of origin or title. B. Stolen License Plate File. C. Stolen Boat File. D. Stolen Gun File: 1. Stolen guns. 2. Recovered guns, when ownership of which has not been established. E. Stolen Article File. F. Securities File: 1. Serially numbered stolen, embezzled, or counterfeited securities. 2. ``Securities'' for present purposes of this file are currency (e.g., bills, bank notes) and those documents or certificates which generally are considered to be evidence of debt (e.g., bonds, debentures, notes) or ownership of property (e.g., common stock, preferred stock), and documents which represent subscription rights, warrants and which are of the types traded in the securities exchanges in the United States, except for commodities futures. Also included are warehouse receipts, travelers checks and money orders. G. Wanted Person File: Described in ``Categories of individuals covered by the system: A. Wanted Persons, 1-4.'' H. Foreign Fugitive File: Identification data regarding persons who are fugitives from foreign countries, who are described in ``Categories of individuals covered by the system: A. Wanted Persons, 5 and 6.'' I. Interstate Identification Index File: A cooperative federal- state program for the interstate exchange of criminal history record information for the purpose of facilitating the interstate exchange of such information among criminal justice agencies: Described in ``Categories of individuals covered by the system: B. 1.'' J. Identification records regarding persons enrolled in the United States Marshals Service Witness Security Program who have been charged with serious and/or significant offenses. Described in ``Categories of individuals covered by the system: B.'' K. Bureau of Alcohol, Tobacco, and Firearms (BATF) Violent Felon File: Described in ``Categories of individuals covered by the system: B.2.'' L. Missing Person File: Described in ``Categories of individuals covered by the system: C. Missing Persons.'' M. U.S. Secret Service Protective File: Described in ``Categories of individuals covered by the system: D.'' N. Violent Criminal Gang File: A cooperative federal-state program for the interstate exchange of criminal gang information. For the purpose of this file, a ``gang'' is defined as a group of three or more persons with a common interest, bond, or activity characterized by criminal delinquent conduct. Described in ``Categories of individuals covered by the system: E. Members of Violent Criminal Gangs.'' O. Terrorist File: A cooperative federal-state program for the exchange of information about terrorist organizations and individuals. For the purposes of this file, ``terrorism'' is defined as activities that involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or any state or would be a criminal violation if committed within the jurisdiction of the United States or any states, which appear to be intended to: 1. Intimidate or coerce a civilian population, 2. Influence the policy of a government by intimidation or coercion, or 3. Affect the conduct of a government by crimes or kidnaping. Described in ``Categories of individuals covered by the system: F. Members of Terrorist Organizations.'' P. Unidentified Person File: Described in ``Categories of individuals covered by the system: G. Unidentified Persons.'' Authority for maintenance of the system: The system is established and maintained in accordance with 28 U.S.C. 534; 28 CFR part 20; Department of Justice Appropriation Act, 1973, Pub. L. 92-544, 86 Stat. 1115; Securities Acts Amendment of 1975, Pub. L. 94-29, 89 Stat. 97; and 18 U.S.C. 924 (e). Exec. Order No. 10450, 3 CFR (1974). Purpose(s): The purpose for maintaining the NCIC system of records is to provide a computerized data base for ready access by a criminal justice agency making an inquiry and for prompt disclosure of information in the system from other criminal justice agencies about crimes and criminals. This information assists authorized agencies in criminal justice objectives, such as apprehending fugitives, locating missing persons, locating and returning stolen property, as well as in the protection of the law enforcement officers encountering the individuals described in the system. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: Data in NCIC files is exchanged with and for the official use of
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