70 FR 7513, 7517 / 02-14-05
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, Federal Bureau of Investigation (FBI), is modifying the following system of records:
- Blanket Routine Uses (BRU) Applicable to More Than One FBI Privacy Act System of Records, Justice/FBI-BRU (previously published on June 22, 2001 at 66 FR 33558).
Dates: These proposed changes will be effective March 28, 2005, unless comments are received that result in a contrary determination.
Supplementary Information: The FBI is modifying the BRU notice to clarify and update it.
The BRU notice is being revised to add five routine uses which, like the other blanket routine uses, will apply to all systems of records (with the exception of the National DNA Index System and the National Instant Criminal Background Check System). These routine uses permit disclosures to the White House and to complainants/victims, and disclosures involving hiring, clearances, or licensing, and have been published by the Department of Justice for some of its other systems.
JUSTICE/FBI-BRU
Subject: Blanket Routine Uses (BRU) Applicable to More Than One FBI Privacy Act System of Records
Action: The system notice published in the Federal Register on June 22, 2001 (66 FR 22559), is amended as follows: In the section titled "Routine Uses of Records Maintained in FBI Systems, Including Categories of Users and the Purposes of Such Uses," the section is amended by making minor corrections to BRU-2 and BRU-8, and by adding BRU-11, BRU-12, BRU-13, BRU-14, and BRU-15 directly after the description of BRU-10, so that the section reads as follows:
Routine Uses of Records Maintained in FBI Systems, Including Categories of Users and the Purposes of Such Uses:
* * * * *
BRU-2. Non-FBI Employees. To contractors, grantees, experts, consultants, students, or 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.
* * * * *
BRU-8. National Archives and Records Administration (NARA) Records Management. To the National Archives and Records Administration (NARA) for records management inspections and such other purposes conducted under the authority of 44 U.S.C. 2904 and 2906.
BRU-11. The White House. To the White House (the President, Vice President, their staffs, and other entities of the Executive Office of the President (EOP)), and, during Presidential transitions, the President-Elect and Vice-President Elect and their designees for appointment, employment, security, and access purposes compatible with the purposes for which the records were collected by the FBI, e.g., disclosure of information to assist the White House in making a determination whether an individual should be: (1) granted, denied, or permitted to continue in employment on the White House Staff; (2) given a Presidential appointment or Presidential recognition; (3) provided access, or continued access, to classified or sensitive information; or (4) permitted access, or continued access, to personnel or facilities of the White House/EOP complex. System records may be disclosed also to the White House and, during Presidential transitions, to the President Elect and Vice-President Elect and their designees, for Executive Branch coordination of activities which relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President, President Elect, Vice- President or Vice-President Elect.
BRU-12. Complainants and Victims. To complainants and/or victims to the extent deemed appropriate by the FBI to provide such persons with information and explanations concerning the progress and/or results of the investigations or cases arising from the matters of which they complained and/or of which they were victims.
BRU-13. To appropriate officials and employees of a federal agency or entity which requires information relevant to a decision concerning the hiring, appointment, or retention of an employee; the issuance, renewal, suspension, or revocation of a security clearance; the execution of a security or suitability investigation; the letting of a contract; or the issuance of a grant or benefit.
BRU-14. To federal, state, 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.
BRU-15. To designated officers and employees of state, 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.
Dated: February 4, 2005
