[Federal Register Volume 68, Number 17 (Monday, January 27, 2003)]
[Notices]
[Pages 3894-3896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1671]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 003-2003]


Privacy Act of 1974; System of Records

    Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 
552a), the Drug Enforcement Administration (DEA), Department of 
Justice, proposes to establish a new system of records entitled, 
``Clandestine Laboratory Seizure System (CLSS) Justice/ DEA-002'' which 
covers the described records maintained by the El Paso Intelligence 
Center (EPIC).
    The Clandestine Laboratory Seizure System (CLSS), JUSTICE/DEA-002, 
is a new system of records for which no public notice consistent with 
the provisions of 5 U.S.C. 552a(e)(4) was previously published in the 
Federal Register.
    In accordance with 5 U.S.C. 552a(e)(4) and (11), the public is 
given a 30-day period in which to comment; and the Office of Management 
and Budget (OMB), which has oversight responsibility under the Act, 
requires a 40-day period in which to conclude its review of the system. 
Therefore, please submit any comments by [insert date 30 days after 
publication in the Federal Register]. The public, OMB, and the Congress 
are invited to submit any comments to Mary E. Cahill, Management and 
Planning Staff, Justice Management Division, Department of Justice, 
Washington, DC 20530 (Room 1400 National Place Building).
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and the Congress.

    Dated: January 17, 2003.
Paul R. Corts,
Assistant Attorney General for Administration.
JUSTICE/DEA-002

SYSTEM NAME:
    Clandestine Laboratory Seizure System (CLSS).

SYSTEM LOCATION:
    Department of Justice, Drug Enforcement Administration, El Paso 
Intelligence Center, 11339 SSG Sims Street, El Paso, TX 79908-8098

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals identified or referenced in the course of 
investigations relating to the illicit manufacture, distribution, sale 
or possession of, or trafficking in controlled substances.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records consist of (1) personal identification and location data 
which may include name (including aliases and similar sounding names), 
occupation(s), race, sex, date and place of birth, height, weight, hair 
color, eye color, citizenship, nationality/ethnicity, alien status, 
addresses, and other miscellaneous identifying information, including, 
for example, telephone, passport, drivers license, vehicles 
registration, and social security numbers; (2) multi-source drug 
intelligence data; (3) counter-drug enforcement information, including 
identification, location, arrest, and prosecution of persons involved 
in the illicit trade or trafficking, and other activities and civil 
proceedings related to such enforcement activities; (4) information 
related to organizations involved in the illicit trade in controlled 
substances either in the United States or internationally; (5) reports 
of arrests; and (6) other information involving the illicit possession, 
manufacture, sale, purchase, and transport of controlled substances.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Comprehensive Drug Abuse Prevention and Control Act of 1970 (83

[[Page 3895]]

Stat. 1236), Reorganization Plan No. 2 of 1973, the Omnibus Crime 
Control and Safe Streets Act, (Pub. L. 90-351, as amended), and the 
Single Convention on Narcotic Drugs (18 U.S.C. 1407). Additional 
authority is derived from Treaties, Statutes, Executive Orders, 
Presidential Proclamations, and Attorney General Directives.

PURPOSE(S):
    Records in this system are used to provide clandestine laboratory 
seizure information for the Drug Enforcement Administration, and other 
law enforcement agencies, in the discharge of their law enforcement 
duties and responsibilities.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Pursuant to the Privacy Act, 5 U.S.C. 552a(b)(3), relevant records 
or any relevant facts derived therefrom may be disclosed :
    (a) To federal, state, and local law enforcement agencies to 
facilitate the investigation and prosecution of illegal drug 
trafficking activities.
    (b) To individuals and organizations in the course of 
investigations where necessary to elicit information pertinent to 
counter-drug, weapons, alien, and drug-money investigations.
    (c) To contractors, grantees, experts, consultants, students, and 
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 related to this system of 
records.
    (d) 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 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.
    (e) To the 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;
    (f) In the event that a record in this system, either alone or in 
conjunction with other information indicates a violation or potential 
violation of the law--criminal, civil, or regulatory in nature--the 
relevant records may be referred to the appropriate federal, state, 
local, or tribal law enforcement authority or other appropriate agency 
charged with the responsibility for investigating or prosecuting such 
violation or charged with enforcing or implementing such law.
    (g) Information contained in systems of records maintained by the 
Department of Justice, not otherwise required to be released pursuant 
to 5 U.S.C. 552, may be made available to 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.
    (h) A record from a system of records may be disclosed as a routine 
use to the National Archives and Records Administration (NARA) and the 
General Services Adminstration (GSA) in records management inspections 
conducted under the authority of 44 U.S.C. 2904 and 2906.
    (i) In an appropriate proceeding before a court or administrative 
or regulatory body when records are determined by the Department of 
Justice to be arguably relevant to the proceeding.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Data is stored in electronic media via a configuration of personal 
computer, client/server, and mainframe systems architecture. 
Computerized records are maintained on hard disk, floppy diskettes, 
compact discs, magnetic tape, and/or optical disks. The records are 
stored on computer at the El Paso Intelligence Center, El Paso, Texas. 
Paper files are stored as follows: (1) In a secure file room with 
controlled access; (2) in locked file cabinets; and/or (3) in other 
appropriate GSA approved security containers.

RETRIEVABILITY:
    Records may be retrieved by reference to an individual's name or 
personal identifier, name of organization, location of laboratory, date 
of seizure, type of chemical, and DEA investigative file number.

SAFEGUARDS:
    Both electronic and paper records are safeguarded in accordance 
with DOJ rules and policy governing automated systems security and 
access. These safeguards include the maintenance of technical equipment 
in restricted areas, and the required use of individual passwords and 
user identification codes to access the system. The EPIC CLSS database 
is protected by both physical security methods and dissemination and 
access controls. Protection of the automated information system is 
provided by physical, procedural and electronic means.

RETENTION AND DISPOSAL:
    Records in the manual portion of the system are destroyed after two 
years. The automated intelligence information is stored on computer and 
destroyed five (5) years after the date of last update of the record. 
The automated investigative information is destroyed twenty-five years 
after the date of last update, as approved by NARA.

SYSTEM MANAGER(S) AND ADDRESS:
    The System Manager is the Director, El Paso Intelligence Center, 
11339 SSG Sims Street, El Paso, Texas, 79912-8098.

NOTIFICATION PROCEDURES:
    Inquiries should be addressed to Freedom of Information and Records 
Section, Drug Enforcement Administration, Washington, DC 20537.

RECORD ACCESS PROCEDURES:
    A request for access to a record from this system shall be made in 
writing to the Freedom of Information Act (FOIA)/Privacy Act (PA) 
Section, Headquarters, Drug Enforcement Administration, Washington, DC 
20307 or to the System Manager, with the envelope and letter clearly 
marked ``Privacy Access Request.'' The request should include a general 
description of the records sought and must include the requester's full 
name, current address, and date and place of birth. The request must be 
signed and either notarized or submitted under penalty of perjury and 
dated. Some information may be exempt from access to certain provisions 
as described in the section entitled ``Systems Exempted from Certain 
Provisions of the Act.'' An individual who is the subject of a record 
in this system may access those records that are not exempt from 
disclosure. A determination whether a record may be accessed will be 
made at the time a request is received.

CONTESTING RECORD PROCEDURES:
    Individuals desiring to contest or amend information maintained in 
the system should direct their request according to the Record Access 
Procedures listed above, stating clearly and concisely what information 
is being contested, the reasons for contesting it, and the proposed 
amendment to the information sought. Some information is not subject to 
amendment. Some

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information may be exempt from contesting record procedures as 
described in the section entitled ``Systems Exempted from Certain 
Provisions of the Act.'' An individual who is the subject of a record 
in this system may amend those records that are not exempt. A 
determination whether a record may be amended will be made at the time 
a request is received.

RECORD SOURCE CATEGORIES:
    (1) DEA intelligence and investigative records; (2) reports, 
investigative and intelligence reports from other participating and 
associated federal and state member agencies; and (3) records and 
reports of foreign law enforcement and regulatory agencies.

SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    The Attorney General has exempted this system from subsections 
(c)(3) and (4); (d)(1), (2), (3) and (4); (e)(1), (2) and (3), (e)(5) 
and (e)(8); and (g), of the Privacy Act pursuant to 5 U.S.C. 552a (j) 
and (k). The exemptions will be applied only to the extent that 
information in a record is subject to exemption pursuant to 5 U.S.C. 
552a(j) and (k). A determination as to exemption shall be made at the 
time a request for access or amendment is received. 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. 03-1671 Filed 1-24-03; 8:45 am]
BILLING CODE 4410-09-P