[Federal Register: March 5, 2007 (Volume 72, Number 42)]
[Notices]
[Page 9777-9779]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05mr07-71]
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DEPARTMENT OF JUSTICE
[AAG/A Order No. 005-2007]
Privacy Act of 1974; System of Records
AGENCY: United States Marshals Service, DOJ.
ACTION: Modified System of Records.
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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, 5
U.S.C. 552a, notice is given that the Department of Justices (DOJ)
proposes to modify a United States Marshals Service (USMS) system of
records entitled ``Warrant Information Network (WIN), USM-007.''
Changes have been made to the ``Categories of Individuals Covered
by the System'' to include individuals suspected in a state's case that
has been adopted by a USMS-sponsored task force; individuals for whom
the USMS is conducting a criminal investigation or aiding in a criminal
investigation by another law enforcement agency; missing persons,
including children, for whom the USMS is conducting an investigation or
aiding in a criminal investigation by another law enforcement agency;
individuals, and their associates, who are the subject of, and who may
provide information, assistance or leads in USMS fugitive, criminal, or
missing persons investigations. Other changes are made consistent with
the new categories of individuals covered, necessary updates are made,
and routine uses have been revised to conform with DOJ model routine
use language.
DATES: In accordance with the requirements of 5 U.S.C. 552a (e)(4) and
(11), the public is given a 30 day period in which to comment. The
Office of Management and Budget (OMB), which has oversight
responsibility under the Act, has 40 days in which to conclude its
review of the system. Therefore, please submit any comments by April
16, 2007
ADDRESSES: The public, OMB and the Congress are invited to submit any
comments to Mary E. Cahill, Management and Planning Staff, Justice
Management Division, Department of Justice, Washington, DC 20530 (Room
1400 National Place Building), Facsimile Number 202-307-1853.
FOR FURTHER INFORMATION CONTACT: Ed Bordley on 202-307-8571.
SUPPLEMENTARY INFORMATION: The notice for USM-007 was last published on
November 8, 1999 at 64 FR 60832, 39.
In accordance with 5 U.S.C. 552a (r), the Department has provided a
report to OMB and appropriate members of Congress.
Dated: February 22, 2007.
Lee J. Lofthus,
Assistant Attorney General for Administration.
JUSTICE/USM-007
System name:
Warrant Information Network (WIN).
Security classification:
Limited Official Use.
System location:
Primary System: Investigative Services Division, U.S. Marshals
Service (USMS), CS-4, Washington, DC 20530-1000.
Decentralized Segments: Each district office of the USMS maintains
their own files. The addresses of USMS district offices are available
on the Internet at http://www.usdoj.gov/marshals/usmsofc.html.
Categories of individuals covered by the system:
Individuals for whom federal warrants have been issued; individuals
for whom State or local warrants have been issued when the warrant is
part of a USMS sponsored multi-agency task force; individuals suspected
in a state's case that has been adopted by a USMS-sponsored task force;
individuals for whom the USMS is conducting a criminal investigation or
aiding in a criminal investigation by another law enforcement agency;
missing persons, including children, for whom the USMS is conducting an
investigation or aiding in a criminal investigation by another law
enforcement agency; individuals, and their associates, who are the
subject of, and who may provide information, assistance or leads in
USMS fugitive, criminal, or missing persons investigations.
Categories of records in the system:
Computerized records in this system consist of information
pertaining to a warrant such as dates, issuing federal district, nature
of the offense, investigative notes, information related to subjects,
including biographical data, physical description, and criminal
history, and a subject's association with other individuals, dangerous
gangs, extremist groups, or other organizations; information concerning
criminal and/or missing persons investigations, such as the evidence
collected in support of criminal and/or missing persons investigations,
the nature of the crime, investigative reports, investigative notes,
biographical data relating to the investigation's subject and the
subject's associates. Information on associates includes physical
description, photographs, numerical identifiers, addresses, driver's
license information and investigative information furnished by other
federal, state or local law enforcement or other government agencies
and non-government sources. In addition to the abbreviated data
described above, the complete file contains the warrant and other court
records and internal correspondence relating to the warrant;
photographs; wanted flyers/posters; and investigative reports
reflecting patterns of activity, leads, witnesses' and other persons'
statements. Investigative reports and criminal record information from
other federal, state, local, and foreign law enforcement agencies
participating in or cooperating with USMS fugitive, criminal, or
missing person investigations and apprehension efforts are also
included in this system.
Authority for maintenance of the system:
28 U.S.C. 509, 510, and 561 et seq.; 28 CFR 0.111(a) and (q).
[[Page 9778]]
Purpose(s):
The USMS is responsible for ensuring the judicial system's
effective operation through the execution of federal arrest warrants,
parole violator warrants, federal custodial and extradition warrants,
and by investigating fugitive, criminal, and missing person matters.
The WIN system facilitates the efficient management and administration
of warrant executions and USMS fugitive, criminal and missing person
investigations through the collection, flow, analysis, dissemination
and maintenance of records and information necessary to accomplish
these missions.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records or information may be disclosed:
(a) To public and private organizations, individuals, and federal,
state, territorial, local and foreign agencies to the extent necessary
to obtain information or cooperation in USMS investigations and
apprehension efforts;
(b) To any criminal, civil, or regulatory law enforcement authority
(whether federal, state, territorial, local, tribal, or foreign) where
the information is relevant to the recipient entity's law enforcement
responsibilities;
(c) 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;
(d) In an appropriate proceeding before a court, or administrative
or adjudicative body, when the Department of Justice determines that
the records are arguably relevant to the proceeding; or in an
appropriate proceeding before an administrative or adjudicative body
when the adjudicator determines the records to be relevant to the
proceeding;
(e) To the news media and the public, including disclosures
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;
(f) 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;
(g) To the National Archives and Records Administration for
purposes of records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906;
(h) To an actual or potential party to litigation or the party's
authorized representative for the purpose of negotiation or discussion
of such matters as settlement, plea bargaining, or in informal
discovery proceedings;
(i) To federal, state, territorial, local, tribal, foreign, or
international licensing agencies or associations which require
information concerning the suitability or eligibility of an individual
for a license or permit;
(j) A record may be disclosed to designated officers and employees
of state, territorial, local (including the District of Columbia), or
tribal law enforcement or detention agencies in connection with the
hiring or continued employment of an employee or contractor, where the
employee or contractor would occupy or occupies a position of public
trust as a law enforcement officer or detention officer having direct
contact with the public or with prisoners or detainees, to the extent
that the information is relevant and necessary to the recipient
agency's decision;
(k) 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.
(l) 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: Not Applicable.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are stored in standard file folders. Duplicate copies of
paper records are stored on magnetic discs.
Retrievability:
Records are retrieved by individual names or identifying numbers.
Safeguards:
Except as otherwise noted in paragraph (b) under ``Routine uses,''
access is restricted to personnel in the Investigative Services
Division and in each USMS district office. Access to computerized
records is safeguarded by user identification and password
restrictions. Paper records are maintained in filing cabinets within
supervised areas of the U.S. Marshals' offices. District and
headquarters offices are locked during working and non-duty hours and
entry is restricted to employees with official identification.
Retention and disposal:
Records are kept in an operating file until warrant is executed and
then transferred to a closed file. Closed files are retained for one
year after file is closed, then transferred to the Federal Records
Center and destroyed after 55 years. Computerized records are retained
indefinitely as an operating file or as a closed case file.
System manager(s) and address:
Assistant Director, Investigative Services Division, U.S. Marshals
Service, CS-4, Washington, DC 20530-1000.
Notification procedure:
Same as ``Record access procedures.''
Record access procedures:
Make all requests for access in writing and clearly mark the letter
and envelope ``Freedom of Information/Privacy Act Request.'' Clearly
indicate the name of the requester, nature of the record sought,
approximate date of the record, and provide the required verification
of identity (28 CFR 16.41(d)). Direct all requests to the system
manager identified above, Attention: FOI/PA Officer, and provide a
return address for transmitting the information.
Contesting record procedures:
Direct all requests to contest or amend information to the system
manager identified above. State clearly and concisely the information
being contested, the reason for contesting it, and the proposed
amendment to the information sought. Clearly mark the
[[Page 9779]]
envelope ``Freedom of Information/Privacy Act Request.''
Record source categories:
Information is obtained from the courts, federal, state, local and
foreign law enforcement agencies, public and private organizations,
commercial information resellers, witnesses, informants, and other
persons interviewed during the course of the fugitive, criminal, or
missing person investigations.
Exemptions claimed for the system:
The Attorney General has exempted this system from subsections
(c)(3) and (4), (d), (e)(1), (2) and (3), (e)(4)(G) and (H), (e)(5),
(e)(8), (f) and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2).
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. See 28 CFR 16.101.
[FR Doc. E7-3757 Filed 3-2-07; 8:45 am]
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