66 FR 33558

66 FR 33558, 33559 / 06-22-01

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 establishing ten "blanket" routine uses to be applicable to more than one FBI system of records.

Effective Date: These proposed changes will be effective August 1, 2001, unless comments are received that result in a contrary determination.

Supplementary Information: The FBI is proposing to establish ten blanket routine uses in order to: (1) Foster greater public understanding by simplifying and consolidating FBI Privacy Act issuances; (2) minimize through use of standardized wording the potential for misunderstanding or misinterpretation which might arise from unintended variations in different versions of common routine uses; and (3) reduce costs and duplication of effort in the publication and maintenance of FBI Privacy Act issuances. Unless this or other published notice expressly provides otherwise, these blanket routine uses will apply to existing FBI systems of records as indicated below and to all FBI systems of records created or modified hereafter. However, the FBI is not at this time applying blanket routine uses to the National DNA Index System (NDIS) (Justice/FBI-017) or to the National Instant Criminal Background Check System (NICS) (Justice/FBI- 018). (Any blanket routine uses which the FBI may in the future propose to apply to these two systems will be implemented by express reference in revisions to the respective systems notices.)

In large part these blanket routine uses standardize wording of routine uses already promulgated for one or more FBI or DOJ systems. The wording of a blanket use may differ somewhat from the existing counterpart(s). These differences generally do not reflect substantially different uses; however, some uses are clarified or broadened as to when and to whom disclosures may be made. Furthermore, Blanket Routine Use 9 is a new use not now reflected in any FBI system.

Upon taking effect, these blanket routine uses will apply to the FBI systems indicated below:

FBI-001 National Crime Information Center (NCIC) 64 FR 52343
FBI-002 FBI Central Records System 63 FR 8671
FBI-003 Bureau Mailing Lists 66 FR 33560
FBI-006 Electronic Surveillance (ELSUR) Indices 66 FR 33561
FBI-007 FBI Automated Payroll System 58 FR 51874
FBI-008 Bureau Personnel Management System (BPMS) 58 FR 51875
FBI-009 Fingerprint Identification Records System (FIRS) 64 FR 52347
FBI-010 Employee Travel Vouchers and Individual Earning Records 52 FR 47248
FBI-011 Employee Health Records 58 FR 51875
FBI-012 Time Utilization Record-Keeping (TURK) System 58 FR 51876
FBI-013 Security Access Control System (SACS) 58 FR 51877
FBI-014 FBI Alchoholism Program 52 FR 47251
FBI-015 National Center for the Analysis of Violent Crimer (NCAVC) 58 FR 51877
FBI-016 FBI Counterdrug Information Indices System (CIIS) 59 FR 29824

The routine uses currently published for each system will also continue to apply to that system. As individual FBI system notices are hereafter revised, we will eliminate individual system routine uses which duplicate blanket routine uses and add express reference to the applicability of the blanket routine uses.


Subject: 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 FBI Systems, 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 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):

FBI-017 National DNA Index System (NDIS) 61 FR 37495
FBI-018 National Instant Criminal Background Check System (NICS) 63 FR 65223

Dated: June 11, 2001