[Federal Register Volume 59, Number 110 (Thursday, June 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14013]


[[Page Unknown]]

[Federal Register: June 9, 1994]


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INTERSTATE COMMERCE COMMISSION
[AAG/A Order No. 87-94]

 

Privacy Act of 1974; Systems of Records

    Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), notice is 
given that the Drug Enforcement Administration (DEA) proposes to modify 
an existing system of records entitled, ``Investigative Reporting and 
Filing System (IRFS), Justice/DEA-008.''
    The DEA proposes to modify its IRFS system which covers drug 
enforcement-related records to (1) more clearly describe the categories 
of individuals covered by the system and the categories of records in 
the system, (2) provide specificity with respect to the routine uses of 
the information in the system, (3) remove unnecessary exemptions, (4) 
more accurately respond to other notice captions, in particular those 
captions identified as ``Retrievability,'' and ``Retention and 
Disposal,'' and (5) reflect that an automated index, containing 
limited, unclassified data, will be available to Federal Law 
enforcement agencies. The index will assist these agencies in 
determining whether DEA may have a more detailed record which is 
relevant to their law enforcement responsibilities, and which may be 
made available to them upon request.
    Title 5 U.S.C. 552a(e)(4) and (11) provide that the public be 
provided a 30-day period in which to comment on the new routine uses of 
a system of records. The Office of Management and Budget (OMB), which 
has oversight responsibility under the Act, requires that it be given a 
40-day period in which to review this system.
    Therefore, please submit any comments by July 11, 1994. The public, 
OMB and the Congress are invited to send written comments to Patricia 
E. Neely, Systems Policy Staff, Justice Management Division, Department 
of Justice, Washington, DC 20530 (Room 850, WCTR Building).
    A description of the modified system of records is provided below. 
In addition, the Department has provided a report to OMB and the 
Congress in accordance with 5 U.S.C. 552a(r).

    Dated: June 3, 1994.
Stephen R. Colgate,
Assistant Attorney General for Administration.
    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 
described in subpart A above. 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.)
    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 law enforcement agencies only to subpart B of 
this system of records may be permitted to enable these agencies to: 
(i) Identify DEA law enforcement information or activities which may be 
relevant to their law enforcement responsibilities and, where such 
information or activities is identified, request access to the 
underlying case files records described in subpart A, and (ii) ensure 
appropriate coordination of such activities with DEA; (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.

Retrievability:

    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. In addition to other Federal law enforcement 
agencies (reference routine use a. above), 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.

Safeguards:

    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 
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. 94-14013 Filed 6-8-94; 8:45 am]
BILLING CODE 4410-09