[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