[Federal Register Volume 69, Number 200 (Monday, October 18, 2004)]
[Notices]
[Pages 61403-61406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23244]


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DEPARTMENT OF JUSTICE

[AAG/A ORDER NO. 013-2004]


Privacy Act of 1974; System of Records

    Pursuant to the provisions of the Privacy Act of 1974, as amended 
(5 U.S.C. 552a), notice is given that the Criminal Division (CRM), 
Department of Justice, proposes to establish a new system of records 
entitled ``Organized Crime Drug Enforcement Task Force Fusion Center 
System,'' Justice/CRM-028, which covers the records maintained by the 
Organized Crime Drug Enforcement Task Force Fusion Center, Executive 
Office for the Organized Crime Drug Enforcement Task Force, Criminal 
Division.
    In accordance with 5 U.S.C. 552a (e)(4) and (11), the public is 
given a 30-day period in which to comment; 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 any comments by November 17, 2004. The public, OMB, and 
Congress are invited to submit comments to Mary Cahill, Management and 
Planning Staff, Justice Management Division, Department of Justice, 
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.


[[Page 61404]]


    Dated: October 9, 2004.
Paul R. Corts,
Assistant Attorney General for Administration.
JUSTICE/CRM-028

SYSTEM NAME:
    Organized Crime Drug Enforcement Task Force Fusion Center System.

SECURITY CLASSIFICATION:
    Classified, sensitive.

SYSTEM LOCATION:
    U.S. Department of Justice, 950 Pennsylvania Avenue, NW., 
Washington, DC 20530-0001.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    1. Individuals, entities, and organizations charged with, convicted 
of, or known, suspected, or alleged to be involved with, illicit 
narcotic trafficking or other potentially related criminal activity, 
including but not limited to facilitating the transportation of 
narcotics proceeds, money laundering, firearms trafficking, alien 
smuggling, and terrorist activity. 2. Individuals, entities, and 
organizations with pertinent knowledge of some circumstances or aspect 
of a case or record subject, such as witnesses, associates of record 
subjects, informants, and law enforcement or intelligence personnel. 3. 
Individuals, entities, and organizations reasonably suspected of 
engaging in money laundering, other financial crimes, terrorism, and 
other criminal activity, including individuals, entities, and 
organizations referenced in information provided to the Financial 
Crimes Enforcement Network from financial institutions and other 
sources. 4. Individuals, entities, and organizations identified in or 
involved with the filing, evaluation, or investigation of reports under 
the Bank Secrecy Act and its implementing regulations.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records may contain investigative and intelligence information 
about the individuals in this system, including their identifying 
information, location, and activities, as well as other data which may 
assist the Organized Crime Drug Enforcement Task Force (OCDETF) Fusion 
Center in fulfilling its responsibilities. Information includes multi-
source data that may assist law enforcement agencies, regulatory 
agencies, and agencies of the U.S. foreign intelligence community or 
military community in executing their responsibilities with respect to 
drug trafficking, money laundering, firearms trafficking, alien 
smuggling, terrorism, and other enforcement efforts, including the 
identification, location, arrest and prosecution of suspects, and civil 
proceedings and other activities related to such enforcement 
activities. This system of records will not contain Federal tax returns 
and return information as defined by 26 U.S.C. 6103.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Consolidated Appropriations Act, 2004, Pub. L. No. 108-199, 118 
Stat. 3 (2004); Comprehensive Drug Abuse Prevention and Control Act of 
1970, Pub. L. 91-513 (84 Stat. 1236); the Single Convention on Narcotic 
Drugs, 1961. Additional authority is derived from Treaties, Statutes, 
Executive Orders and Presidential Proclamations which the Department of 
Justice (DOJ) has been charged with administering.

PURPOSE(S):
    The purpose of this system of records is to facilitate the mission 
of the OCDETF Program, which is to reduce the drug supply by 
identifying, disrupting and dismantling the most significant 
international and domestic drug supply and money laundering 
organizations and related criminal operations (e.g., arms traffickers, 
alien smugglers, terrorists). By establishing a central data warehouse 
for the compilation, fusion, storage, and comprehensive analysis of 
drug, financial, and related investigative information, OCDETF expects 
to produce a more complete picture of the activities of drug 
trafficking, money laundering, firearms trafficking, alien smuggling, 
terrorist, and other criminal organizations and their memberships than 
any one such agency can produce by itself. Specifically, the OCDETF 
Fusion Center will develop investigative leads, operational 
intelligence products and strategic intelligence assessments on new or 
evolving threats. The OCDETF Fusion Center intends to disseminate these 
analytical products, as appropriate, to Federal, State, local, tribal, 
territorial, and foreign law enforcement and regulatory agencies and to 
agencies of the U.S. foreign intelligence community and the military 
community, to assist them in enforcing criminal, civil, and regulatory 
laws related to drug trafficking, money laundering, firearms 
trafficking, alien smuggling, terrorism, and other crimes, including 
the identification, apprehension, and prosecution of individuals who 
threaten the United States' national and international security and 
interests through their involvement in such crimes.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Relevant information contained in this system of records may be 
disclosed as follows:
    (a) To any criminal, civil, or regulatory law enforcement authority 
(whether Federal, State, local, territorial, tribal, or foreign) where 
the information is relevant to the recipient entity's law enforcement 
responsibilities.
    (b) To a governmental entity lawfully engaged in collecting law 
enforcement, law enforcement intelligence, or national security 
intelligence information for such purposes.
    (c) To any person or entity in either the public or private sector, 
domestic or foreign, in the course of an investigation or other 
proceeding if deemed by the DOJ to be reasonably necessary in eliciting 
information or cooperation from the recipient for use by the DOJ in 
furthering its authorized functions related to this system.
    (d) To the Department of State and components thereof to further 
the efforts of those agencies with respect to the national security and 
foreign affairs aspects of international drug trafficking, money 
laundering, firearms trafficking, alien smuggling, terrorism, and 
related crimes.
    (e) To the Department of Defense and components thereof to support 
its role in the detection and monitoring of the transportation of 
illegal drugs and money laundering in the United States or such other 
roles in support of counter-drug and money laundering law enforcement, 
counter-firearms trafficking, counter-alien smuggling, and related 
crimes as may be permitted by law.
    (f) To The United Nations and its employees to the extent that the 
information is relevant to the recipient's law enforcement or 
international security functions.
    (g) 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) To the White House (the President, Vice-President, their 
staffs, and other entities of the Executive Office of the President), 
and, during Presidential transitions, to the President Elect and Vice-
President Elect and for their designated transition team staff, for 
coordination of activities that relate to or have an effect upon the 
carrying out of the constitutional, statutory, or other official or 
ceremonial duties of the President, President Elect, Vice-President or 
Vice-President Elect.

[[Page 61405]]

    (i) To complainants and/or victims to the extent necessary to 
provide such persons with information and explanations concerning the 
progress and/or results of the investigation or case arising from the 
matters of which they complained and/or of which they were a victim.
    (j) In an appropriate proceeding before a court, or administrative 
or adjudicative body, when the Department of Justice determines that 
the records are arguably relevant to the proceeding; or in an 
appropriate proceeding before an administrative or adjudicative body 
when the adjudicator holds the records to be relevant to the 
proceeding.
    (k) To an actual or potential party to litigation or the party's 
authorized representative for the purpose of negotiation or discussion 
on such matters as settlement, plea bargaining, or in informal 
discovery proceedings.
    (l) To appropriate officials and employees of a Federal agency or 
entity which requires information relevant to a decision concerning the 
hiring, appointment, or retention of an employee; the issuance, 
renewal, suspension, or revocation of a security clearance; the 
execution of a security or suitability investigation; the letting of a 
contract, or the issuance of a grant or benefit.
    (m) To designated officers and employees of State or local 
(including the District of Columbia), or tribal law enforcement or 
detention agencies in connection with the hiring or continued 
employment of an employee or contractor, where the employee or 
contractor would occupy or occupies a position of public trust as a law 
enforcement officer or detention officer having direct contact with the 
public or with prisoners or detainees, to the extent that the 
information is relevant and necessary to the recipient agency's 
decision.
    (n) 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.
    (o) 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.
    (p) To such recipients and under such circumstances and procedures 
as are mandated by Federal statute or treaty.
    (q) To the National Archives and Records Administration in records 
management inspections conducted under the authority of 44 U.S.C. 2904 
and 2906.
    (r) The Department of Justice may also 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:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Computerized records are stored on hard disk, floppy diskettes, or 
compact disks. Some information, including investigative files and 
information incorporated into analytical products, may be retained in 
hard copy format and stored in individual file folders and file 
cabinets with controlled access, and/or other appropriate GSA-approved 
security containers.

RETRIEVABILITY:
    Access to individual records is gained by use of data retrieval 
capabilities of computer software acquired and developed for processing 
of information in the OCDETF Fusion Center System. Data will be 
retrieved through a number of criteria, including personal identifying 
information such as name and social security number.

SAFEGUARDS:
    These records are housed in a secure building restricted to DOJ 
employees and other authorized personnel, and those persons transacting 
business with the DOJ who are escorted by DOJ or other authorized 
personnel. Physical and electronic access to the System is safeguarded 
in accordance with DOJ rules and policies governing automated systems 
security and access, including the maintenance of technical equipment 
in restricted areas. The selection of containers or facilities is made 
in consideration of the sensitivity or National Security Classification 
as appropriate, of the files. The System is contained in a room secured 
by intruder alarms and other appropriate physical and electronic 
security controls. Access to the System terminal(s) are further 
restricted to Justice Department, Treasury Department, and Homeland 
Security Department employees and individual contractors who have 
authorized access (including individual passwords and identification 
codes), appropriate security clearances, and a demonstrated and lawful 
need to know the information in order to perform assigned functions on 
behalf of the OCDETF Fusion Center. All OCDETF Fusion Center personnel 
capable of accessing the OCDETF Fusion Center System will have 
successfully passed a background investigation. Unauthorized access to 
the telecommunications terminals is precluded by a complex 
authentication procedure.

RETENTION AND DISPOSAL:
    A schedule for the retention and disposal of these records is under 
development.

SYSTEM MANAGER AND ADDRESS:
    Director, Executive Office for the Organized Crime Drug Enforcement 
Task Force, Criminal Division, U.S. Department of Justice, 950 
Pennsylvania Avenue, NW., Washington, DC 20530-0001.

NOTIFICATION PROCEDURE:
    Inquires should be addressed to: OCDETF Fusion Center Privacy Act/
FOIA Unit, OCDETF Fusion Center, Executive Office for the Organized 
Crime Drug Enforcement Task Force, Criminal Division, U.S. Department 
of Justice, 950 Pennsylvania Avenue, NW., Washington, DC 20530-0001.

RECORD ACCESS PROCEDURES:
    A request for access to a record from this system shall be made in 
writing to the System Manager, with the envelope and the 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 dated and either notarized or submitted under penalty of 
perjury. Some information may be exempt from access provisions as 
described in the section entitled ``Exemptions Claimed for the 
System.'' 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.

[[Page 61406]]

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, such as tax return information. Some information may be 
exempt from contesting record procedures as described in the section 
entitled ``Exemptions Claimed for the System.'' 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:
    Information provided by Federal, State, local, tribal, territorial, 
and foreign law enforcement agencies; agencies of the U.S. foreign 
intelligence community and military community; and open sources, such 
as broadcast and print media and publicly-available data bases.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    The Attorney General has exempted this system from subsections 
(c)(3) and (4); (d)(1), (2), (3), and (4); (e)(1), (2), (3), (5), and 
(8); and (g) of the Privacy Act. 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/or (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 are published in 
today's Federal Register.

[FR Doc. 04-23244 Filed 10-15-04; 8:45 am]
BILLING CODE 4410-14-P