[Federal Register Volume 69, Number 158 (Tuesday, August 17, 2004)]
[Notices]
[Pages 51104-51106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18827]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 011-2004]


Privacy Act of 1974; System of Records

AGENCY: Drug Enforcement Administration, Department of Justice.

ACTION: Notice of Modifications to System of Records.

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as 
amended (5 U.S.C. 552a), the Drug Enforcement Administration (DEA), 
Department of Justice, is modifying its Privacy Act system of records 
entitled: ``Automated Records and Consolidated Orders System/Diversion 
Analysis and Detection System'' (ARCOS/DADS), JUSTICE/DEA-003. This 
system of records was last published in the Federal Register on April 
28, 2000 (65 FR 24986). However, in error, a page of text was omitted 
in the last publication. This modified notice provides the text missing 
from the previous publication and makes updates in other parts of the 
notice.

DATES: This notice will be effective September 27, 2004.

SUPPLEMENTARY INFORMATION: Information added, which was missing in the 
last publication include the

[[Page 51105]]

``Purpose'' section of the notice and the ``Routine Uses'' section of 
the notice.
    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 of the Act, 
requires a 40-day period in which to conclude its review of the system. 
Therefore, please submit comments by September 27, 2004. The public, 
OMB, and Congress are invited to submit comments to: Mary Cahill, 
Management and Planning Staff, Justice Management Division, Department 
of Justice, 1331 Pennsylvania Ave., NW., Washington, DC 20530 (1400 
National Place Building).
    In accordance with 5 U.S.C. 552a (r), the Department has provided a 
report to OMB and Congress.

    Dated: August 6, 2004.
Paul R. Corts,
Assistant Attorney General for Administration.
DEPARTMENT OF JUSTICE
JUSTICE/DEA-003

System Name:
    Automated Records and Consolidated Orders System/Diversion Analysis 
and Detection System (ARCOS/DADS).

Security Classification:
    Not Classified.

System Location:
    Drug Enforcement Administration, 700 Army Navy Drive, Arlington, VA 
22202. Field offices are identified on the DEA website at www.dea.gov.

Categories of Individuals Covered by the System:
    Persons registered with the DEA under the Comprehensive Drug Abuse 
Prevention and Control Act of 1970. This includes any person who 
manufactures, manages, distributes, or proposes to manufacture, manage, 
or distribute any controlled substance or List 1 chemical, and every 
person who dispenses or proposes to dispense any controlled substance. 
Typically, these persons include licensed professionals such as 
doctors, dentists, pharmacists, or pharmaceutical manufacturers, as 
well as importers and chemical manufacturers.

Categories of Records in the System:
    The information contained in this system consists of documentation 
of individual business transactions between individuals who handle 
controlled substances at every level, from manufacturers down to 
ultimate consumers. Records include copies of controlled substances 
inventories, drug codes, deletion and adjustment reports, receipts, 
purchase orders, and prescriptions, and include the date of the 
transaction, the name, quantity, and quality of the chemicals/
substances purchased or dispensed, the parties to the transaction, and 
the DEA registrant numbers. This information provides an audit trail of 
all manufactured and/or imported controlled substances. Information can 
be retrieved from this system of records by use of various data 
elements such as name, address, DEA registrant number, name of 
business, or social security number.

Authority for Maintenance of the System:
    This system of records is maintained pursuant to the reporting 
requirements of the Comprehensive Drug Abuse Prevention and Control Act 
of 1970 (21 U.S.C. 826(d)) and to fulfill the United States treaty 
obligations under the Single Convention on Narcotic Drugs and the 
Convention on Psychotropic Substances of 1971.

Purpose:
    This system is used to track and report the transfer of 
pharmaceuticals and to detect potential diversion.

Routine Uses of Records Maintained in the System, including Categories 
of Users and the Purposes of Such Uses:
    Information contained in this system may be disclosed to the 
following categories of users for the purposes stated:
    A. Where a record, either on its face or in conjunction with other 
information, indicates a violation or potential violation of law--
criminal, civil, or regulatory in nature--the relevant records may be 
referred to the appropriate federal, state, local, foreign, or tribal, 
law enforcement authority or other appropriate agency charged with the 
responsibility of investigating or prosecuting such a violation or 
enforcing or implementing such law.
    B. To the International Narcotics Control Board as required by 
United States treaty obligations.
    C. 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.
    D. 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.
    E. To the National Archives and Records Administration in records 
management inspections conducted under the authority of 44 U.S.C. 2904 
and 2906.
    F. 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.
    G. The Department of Justice 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.

Disclosure to consumer reporting agencies:
    Not applicable.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    All automated data files associated with ARCOS/DADS are maintained 
in the Department of Justice Data Center and the Drug Enforcement 
Administration Data Center.

Retrievability:
    Records on individuals are retrieved by name and DEA registration 
number.

Safeguards:
    The portion of the records maintained in DEA headquarters is 
protected by twenty-four hour guard service and electronic 
surveillance. Access to all DEA facilities is restricted to DEA 
employees and those persons transacting business within the building 
who are escorted by DEA employees. Access to the system is restricted 
to DEA employees who have appropriate security clearances on a need to 
know basis. Access to automated records requires user identification 
numbers which are issued to authorized DEA employees.

Retention and Disposal:
    Input data received from registrants is maintained for 60 days for 
backup purposes and then destroyed by shredding or electronic erasure. 
ARCOS master inventory records are retained

[[Page 51106]]

for eight consecutive calendar quarters. As the end of a new quarter is 
reached, the oldest quarter of data is purged from the record. ARCOS 
transaction history will be retained for a maximum of five years and 
then destroyed.

System Manager(s) and Address:
    Deputy Assistant Administrator, Office of Diversion Control, Drug 
Enforcement Administration, Washington, DC 20537.

Notification Procedure:
    Inquiries should be addressed to Freedom of Information Section, 
Drug Enforcement Administration, Washington, DC 20537. Inquiries should 
include inquirer's name, date of birth, and social security number.

Record Access Procedures:
    Same as the above.

Contesting Record Procedures:
    Same as the above.

Record Source Categories:
    Information is obtained from registrants under the Comprehensive 
Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 826(d)).

Exemptions Claimed For the System:
    The Attorney General has exempted this system from subsections 
(c)(3) and (d) of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). 
These exemptions are codified at 28 CFR 16.98. Rules have been 
promulgated in accordance with the requirements of 5 U.S.C. 553 (b), 
(c) and (e).

[FR Doc. 04-18827 Filed 8-16-04; 8:45 am]
BILLING CODE 4410-05-P