[Federal Register Volume 61, Number 202 (Thursday, October 17, 1996)]
[Notices]
[Pages 54219-54221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26284]
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DEPARTMENT OF JUSTICE
[AAG/A Order No. 122-96]
Privacy Act of 1974; Modified System of Records
Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), the Department
of Justice (DOJ), Drug Enforcement Administration (DEA), proposes to
modify the following system of records previously published on June 9,
1994 (59 FR 29822): Investigative Reporting and Filing System, Justice/
DEA-008.
Specifically, routine use (1) is being modified to permit State and
local law enforcement agencies direct, ``read only'' electronic access
to index date which was formerly accessed electronically by Federal law
enforcement agencies only. Subpart B of the ``Categories of Records in
the System'' has been modified to show that the index will permit law
enforcement agencies to identify not only the existence of DEA case
files as described in Subpart A, but also those of other law
enforcement agencies, in order to request access to those files from
the respective agency(s). Routine use (1) and the ``Retrievability''
section, respectively, show that other Federal, State, and local law
enforcement agencies, together with DOJ law enforcement components, may
have write access, but only to the index data generated by such agency
or DOJ component to enable them to modify or delete their own date.
Changes have been italicized.
Title 5 U.S.C. 552a(e)(4)(11) provide that the public be given a
30-day period in which to comment on proposed new routine use
disclosures. The Office of Management and Budget (OMB), which has
oversight responsibilities under the Act, requires a 40-day period in
which to conclude its review of any proposal to add new routine use
disclosures or make other major modifications. Access to these records
(both Subpart A, the case files, and Subpart B, the automated index) by
State and local law enforcement agencies is not new; however, direct,
electronic access to the automated index is new.
You may submit any comments (by 30 days from the publication date
of this notice). The public, OMB, and the Congress are invited to send
written comments to Patricia E. Neely, Program Analyst, Information
Management and Security Staff, Information Resources Management,
Justice Management Division, Department of Justice, Washington, DC
20530 (Room 850, WCTR Building).
In accordance with 5 U.S.C. 552a(r), the Department has provided a
report to OMB and the Congress on the proposed modification.
Dated: September 4, 1996.
Stephen R. Colgate,
Assistant Attorney General for Administration.
JUSTICE/DEA-008
Investigative Reporting and Filing System, Justice/DEA-008.
Drug Enforcement Administration: 700 Army Navy Drive, Arlington, VA
22202; and field offices. For field office addresses, see appendix
identified as ``DEA Appendix--List of Record Location Addresses,
Justice/DEA-999.''
A. Drug offenders
B. Alleged drug offenders; and
C. Persons suspected of drug offenses.
D. Defendants.
Such individuals may include individuals registered with DEA and
responsible for the handling, dispensing, or manufacturing of
controlled substances under the Comprehensive Drug Abuse Prevention and
Control Act of 1970.
Subpart A:
Subpart A is (1) a manual index (which serves as a backup to the
automated index described in subpart B) and (2) paper case file records
consisting of: Criminal Investigative Files; Regulatory Audit and
Investigatory Files; and General Investigative Files. These files may
include investigative and confidential informant reports and all
documented findings and investigative ``lead'' information relative to
preregistrant inspections, investigations, targeted conspiracies, and
trafficking situations, etc. The reports pertain to the full range of
DEA criminal drug enforcement and regulatory investigative functions
that emanate from the Comprehensive Drug Prevention and Control Act of
1970.
For example, records in the Criminal Investigative Case Files may
include a systematic gathering of information targeted on an individual
or group of individuals operating in illegal drugs either in the United
States or internationally; reports on individuals suspected or
convicted of narcotics violations; reports of arrests; information on
drug possession, sales, and purchases by such individuals; and
information on the transport of such drugs, either inside the United
States or internationally, by such individuals. Records in the
Regulatory Audit and Investigatory Files may include similar
investigative reports regarding those individuals specifically
identified under item C. of the ``Categories of Individuals Covered by
the System.'' Records in the General Investigative Files may generally
include fragmentary or low priority information on an individual which
is not significant enough to open a case file.
Subpart B:
Subpart B is an automated index containing limited, summary-type
data which are extracted from and which point to the case files
maintained by DEA as described in subpart A above, or to files
maintained by other Federal, State, or local law enforcement agencies.
Examples of such data include: Record number; subject name (person,
business, vessel), aliases and soundex; personal data; (occupation(s),
race, sex, date and place of birth, height, weight, hair color, eye
color, citizenship, nationality/ethnicity, alien status); special
considerations (fugitive armed/dangerous); resident and criminal
address (business and personal); miscellaneous numbers (telephone,
passport, drivers license, vehicles registration, social security
number, etc.); relevant case file numbers, with indicators for active
investigations; date/stamp (event) data. (Subpart B will contain no
classified information.)
[[Page 54220]]
This system is established and maintained to enable DEA to carry
out its assigned law enforcement and criminal regulatory functions
under the Comprehensive Drug Abuse Prevention and Control Act of 1970
(Pub. L. 91-513), Reorganization Plan No. 2 of 1973, and Title 21
United States Code; and to fulfill United States obligations under the
Single Convention on Narcotic Drugs.
The records in this system have been compiled for the purpose of
identifying, apprehending, and prosecuting individuals connected in any
way with the illegal manufacture, distribution, or use of drugs.
Relevant records or any relevant facts derived therefrom may be
disclosed to:
(1) Other Federal, State, local, and foreign law enforcement and
regulatory agencies, and components thereof, to support their role in
the detection and monitoring of the distribution of illegal drugs in
the United States or such other roles in support of counterdrug law
enforcement as may be permitted by law. Direct, electronic, ``read
only'' access by Federal, State, or local law enforcement agencies only
to Subpart B of this system of records may be permitted to enable these
agencies (i) to identify law enforcement information or activities
which may be relevant to their law enforcement responsibilities and
(ii) where such information or activities is identified, either request
access from DEA to the underlying case file records described in
Subpart A or, where the case file is maintained by another agency,
request access from such other agency, and (iii) to ensure appropriate
coordination of such activities with DEA or other appropriate law
enforcement agency. In addition, direct, electronic, read and write
access may be permitted, but only to the index data generated by the
accessing agency to enable such agency to modify or deleted its own
data.
(2) Other Federal, State, local, and foreign law enforcement and
regulatory agencies, and components thereof, to the extent necessary to
elicit information pertinent to counter-drug law enforcement; (3)
Foreign law enforcement agencies through the Department of State (with
whom DEA maintains liaison), and agencies of the U.S. foreign
intelligence community to further the efforts of those agencies with
respect to the national security and foreign affairs aspects of
international drug trafficking; (4) individuals and organizations in
the course of investigations to the extent necessary to elicit
information about suspected or known illegal drug violators; (5)
Federal and state regulatory agencies responsible for the licensing or
certification of individuals in the fields of pharmacy and medicine to
assist them in carrying out such licensing or certification functions;
(6) any person or entity to the extent necessary to prevent an imminent
or potential crime which directly threatens loss of life or serious
bodily injury; (7) news media and the public 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; (8) 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; (9) National Archives and Records Administration and the
General Services Administration in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906; and (10) to a
court or adjudicative body before which DEA is authorized to appear
when any of the following is a party to litigation or has an interest
in litigation and such records are determined by DEA to be arguably
relevant to the litigation; (i) DEA, or any subdivision thereof, or
(ii) any employee of DEA in his or her official capacity, or (iii) any
employee of DEA in his or her individual capacity where the Department
of Justice has agreed to represent the employee, or (iv) the United
States, where DEA determines that the litigation is likely to affect it
or any of its subdivisions.
Records described in subpart A of the ``Categories of Records in
the System'' are maintained on standard index cards and in standard
file folders at DEA Headquarters and field offices. Records described
in subpart B are stored on a computer database at the DEA and on a
mainframe at the Department of Justice Computer Center.
Information will be retrieved by accessing either the manual or
automated index by name and by cross-referencing the name with a number
assigned to the case file. The law enforcement components of the
Department of Justice may have direct, electronic, ``read only'' access
(under subsection (b)(1) of the Privacy Act) to subpart B of the
``Categories of Records in the System''. These data will assist DOJ law
enforcement components in identifying whether there may be detailed
records which reside in subpart A of this system of records that may be
relevant to their law enforcement responsibilities. Where such records
are identified, DOJ law enforcement components may request access. In
addition, DOJ law enforcement components may have direct, electronic
``read and write'' access to the index data generated by such component
to modify or delete its own data.
Access is limited to designated employees with a need-to-know. All
records are stored in a secure area of a secure building. In addition
to controlled access to the building, the areas where records are kept
are either attended by responsible DEA employees, guarded by security
guard, and/or protected by electronic surveillance and/or alarm
systems, as appropriated. In addition, paper records, including the
manual index, are in locked files during off-duty hours and
unauthorized access to the automated index is also prevented through
state-of-the-art technology such as encryption and multiple user ID's
and passwords.
Paper records will be transferred to the Washington National
Records Center 10 years after date of last entry; and destroyed 25
years after date of last entry. The related index will be deleted 25
years after date of last entry. Approval pending DEA records management
and the NARA.
Assistant Administrator, Operations Division, Drug Enforcement
Administration, Freedom of Information Section, Washington, D.C. 20537.
Inquiries should be addressed to: Drug Enforcement Administration,
Freedom of Information Section, Washington, D.C. 20537.
Same as above.
Same as above.
(a) DEA personnel, (b) Confidential informants, witnesses and other
[[Page 54221]]
cooperating individuals, (c) Suspects and defendants, (d) Federal,
State and local law enforcement and regulatory agencies, (e) foreign
law enforcement agencies, (f) business records by subpoena, and (g)
drug and chemical companies.
The Attorney General has exempted this system from subsections
(c)(3) and (4), (d), (e) (1), (2) and (3), (e)(5) and (8), and (g) of
the Privacy Act pursuant to 5 U.S.C. 552a (j)(2). In addition, the
system has been exempted from subsections (c)(3), (d), and (e)(1),
pursuant to subsection (k)(1). 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.
[FR Doc. 96-26284 Filed 10-16-96; 8:45 am]
BILLING CODE 4410-09-M
