Privacy Act: [JUSTICE/FBI-003]...

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<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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