[Federal Register Volume 77, Number 70 (Wednesday, April 11, 2012)]
[Notices]
[Pages 21808-21811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8764]
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DEPARTMENT OF JUSTICE
[CPCLO Order No. 005-2012]
Privacy Act of 1974; System of Records
AGENCY: Drug Enforcement Administration, United States Department of
Justice.
ACTION: Modified System of Records.
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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974 (5
U.S.C. 552a), the United States Department of Justice (``DOJ'' or
``Department'') Drug Enforcement Administration (DEA) proposes to
modify JUSTICE/DEA-008, ``Investigative Reporting and Filing System''
(``IRFS''). IRFS was last published in its entirety in the Federal
Register at 61 FR 54219, Oct. 17, 1996. The Department proposes to
modify
[[Page 21809]]
IRFS to update, add to, and/or clarify the system location, the
categories of individuals covered by the system, the categories of
records in the system, the authorities for the maintenance of the
system, the purposes of the system, the system's routine uses, the
policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system, the system manager, the
notification procedures, the record access procedures, the contesting
record procedures, the record source categories, and the exemptions
claimed for the system. These changes are made in the wake of
legislative changes, to improve mandated cooperation between law
enforcement and intelligence entities, and to reflect the modernization
of DEA's information systems.
DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), the public is
given a 30-day period in which to comment. Therefore, please submit any
comments by May 11, 2012.
ADDRESSES: The public, Office of Management and Budget (OMB), and
Congress are invited to submit any comments to the Department of
Justice, ATTN: Privacy Analyst, Office of Privacy and Civil Liberties,
Department of Justice, National Place Building, 1331 Pennsylvania
Avenue, Suite 1000, Washington, DC 20530, or by facsimile at (202) 307-
0693.
FOR FURTHER INFORMATION CONTACT: DEA Headquarters, Attn: CCA/Chief,
8701 Morrissette Drive, Springfield, VA 22152. To ensure proper
handling, please reference the CPCLO Order No. on your correspondence.
In accordance with 5 U.S.C. 552a(r), the Department has provided a
report to OMB and Congress on the modified system of records.
Dated: March 12, 2012.
Nancy C. Libin,
Chief Privacy and Civil Liberties Officer, United States Department of
Justice.
JUSTICE/DEA-008
SYSTEM NAME:
Investigative Reporting and Filing System
SYSTEM CLASSIFICATION:
Classified and unclassified information.
SYSTEM LOCATION:
Records in this system are located at the Headquarters Offices of
the Drug Enforcement Administration (DEA) in the Washington, DC area,
at DEA field offices around the world, at Department of Justice Data
Centers, at the DEA Data Center, at secure tape backup storage
facilities, and at Federal Records Centers. See www.dea.gov for DEA
office locations.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
A. Drug offenders;
B. Alleged drug offenders;
C. Persons suspected of conspiring to commit, aiding or abetting
the commission of, or committing a drug offense;
D. Defendants and respondents; and
E. Other individuals related to, or associated with, DEA's law
enforcement investigations into and intelligence operations about the
individuals described above in subcategories A through D, including
witnesses, confidential sources, and victims of crimes.
The offenses and alleged offenses associated with the individuals
described above may include criminal, civil, and administrative
violations of the Comprehensive Drug Abuse Prevention and Control Act
of 1970, as amended and related statutes.
F. System users in connection with audit log information.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system contains law enforcement intelligence and investigative
information in paper and/or electronic form, including information
compiled for the purpose of identifying criminal, civil, and regulatory
offenders; reports of investigations; identifying data and notations of
arrest, the nature and disposition of allegations and charges,
sentencing, confinement, release, and parole and probation status;
intelligence information on individuals suspected to be violating laws
and regulations; fingerprints and palmprints; laboratory reports of
evidence analysis; photographs; records of electronic surveillance;
seized property reports; and polygraph examinations. The system also
maintains audit log information.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Authority to establish and maintain this system is contained in 5
U.S.C. 301 and 44 U.S.C. 3101, which authorize the Attorney General to
create and maintain federal records of agency activities, as well as in
specific statutory and regulatory authorities described at 21 U.S.C.
801 et seq., and in E.O. 12333, as amended.
PURPOSE(S):
The purpose of this system is to enforce the Comprehensive Drug
Abuse Prevention and Control Act of 1970, as amended, its implementing
regulations, and related statutes.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES
(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 authority's law
enforcement responsibilities.
(b) To any person or entity if deemed by the DEA to be necessary in
order to elicit information or cooperation from the recipient for use
by the DEA in the performance of an authorized law enforcement
activity.
(c) To a domestic or foreign governmental entity lawfully engaged
in national security or homeland defense for the entity's official
responsibilities.
(d) To a governmental regulatory authority where the information is
relevant to the recipient authority's official enforcement
responsibilities.
(e) To 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.
(f) To the news media and the public, including disclosures
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.
(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 National Archives and Records Administration for
purposes of records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
(i) In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body, when the Department of Justice or
the DEA determines that the records are arguably relevant to the
proceeding; or in an appropriate proceeding before an administrative or
adjudicative body when the adjudicator determines the records to be
relevant to the proceeding.
(j) To appropriate agencies, entities, and persons when (1) the
Department or the DEA suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised; (2) the Department or the DEA has determined that as a
result of the suspected or confirmed compromise there is a risk of harm
to economic or property interests, identity theft or fraud, or harm to
the security or integrity of this system or other systems
[[Page 21810]]
or programs (whether maintained by the Department, the DEA, or another
agency or entity) that rely upon the compromised information; and (3)
the disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with the Department's or
the DEA's efforts to respond to the suspected or confirmed compromise
and prevent, minimize, or remedy such harm.
(k) To any person, organization, or governmental entity in order to
notify them of a serious terrorist threat for the purpose of guarding
against or responding to such a threat.
(l) 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.
(m) To an actual or potential party to litigation or the party's
authorized representative for the purpose of negotiation or discussion
of such matters as settlement, plea bargaining, or in informal
discovery proceedings.
(n) 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 Departmental 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.
(o) To such recipients and under such circumstances and procedures
as are mandated by federal statute or treaty.
(p) To federal, state, local, territorial, tribal, foreign, or
international licensing agencies or associations which require
information concerning the suitability or eligibility of an individual
for a license or permit.
(q) To an appropriate federal agency or entity when the information
is relevant to a decision concerning the hiring, appointment, or
retention of an employee; the assignment, detail, or deployment 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.
(r) To an appropriate state, local, territorial, or tribal agency
or entity when the information is relevant to a decision concerning the
hiring, appointment, or retention of an employee for a position of
public trust, welfare, security, or safety.
(s) To an appropriate federal, state, local, territorial, or tribal
agency or entity where the information is relevant to: An application,
notice, or similar filing by, to become, be employed by, or be
affiliated with a national bank, federal branch or agency of a foreign
bank, or insured depository institution; or an administrative
proceeding that could lead to an order against a national bank, federal
branch or agency of a foreign bank, or insured depository institution
or individuals occupying positions as institution-affiliated parties
(whether or not such position is held with an insured or non-insured
national bank or federal branch or agency or with any other insured
depository institution).
(t) To complainants and/or victims (or the immediate family of a
deceased victim) 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.
(u) To any person or entity, where the information is necessary to
facilitate the provision of support or assistance to DEA's law
enforcement mission.
(v) To a first responder, health care provider, health department,
social services department, and youth and family services department
for the entity's official responsibilities.
(w) To the director of a treatment agency or the director of a
facility to which a juvenile has been committed by the court in
accordance with 18 U.S.C. 5038(a)(4).
(x) To a federal, state, local, or territorial department of
taxation and department of revenue, for the entity's official
responsibilities.
(y) To appropriate persons or entities, including multidisciplinary
child abuse teams, in accordance with state or federal child abuse
reporting laws.
(z) To a National Guard unit or entity where the information is
relevant to its official responsibilities.
(aa) 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.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:
Records in this system are stored on paper and/or electronic media.
Electronic records are maintained within information system resources
or removable media such as floppy disks, compact disks, magnetic tapes,
and optical disks.
RETRIEVABILITY:
Records are retrieved by identifying particulars assigned to
individuals such as name, alias, Social Security Number, DEA
registration number, and other DEA-assigned number.
SAFEGUARDS:
Both electronic and paper records are safeguarded in accordance
with appropriate laws, rules, and policies, including DOJ and DEA
policies. They are protected by physical security methods and
dissemination and access controls. Access to all records is controlled
and limited to approved personnel with an official need for access to
perform their duties. Paper files are stored: (1) In a secure room with
controlled access; (2) in locked file cabinets; and/or (3) in other
appropriate GSA approved security containers. Protection of information
system resources is provided by management, operational, and technical
security controls. Records are located in a building with restricted
access and are kept in a locked room with controlled access, or are
safeguarded with an approved encryption technology. The use of
individual passwords or user identification codes is required to access
information system resources.
RETENTION AND DISPOSAL:
Records in this system will be retained and disposed of in
accordance with record retention schedules approved by the National
Archives and Records Administration.
SYSTEM MANAGER(S) AND ADDRESS:
Chief of Operations, Operations Division and Assistant
Administrator for Intelligence, Intelligence Division, DEA
Headquarters, 8701 Morrissette Drive, Springfield, VA 22152.
NOTIFICATION PROCEDURE:
Same as Record Access procedures.
RECORD ACCESS PROCEDURES:
A request for access to a record from this system shall be made in
accordance with 28 CFR Part 16 to DEA Headquarters, Attn: Operations
Unit (SARF), 8701 Morrissette Drive, Springfield, Virginia 22152. The
[[Page 21811]]
envelope and letter should be clearly marked ``Privacy Act Request.''
The request should include a 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, either notarized or submitted
under penalty of perjury, and dated. An individual who is the subject
of a record in this system may access those records that are not exempt
from disclosure. A determination of whether a record may be accessed
will be made after a request is received. Although no specific form is
required, you may obtain forms for this purpose from the FOIA/PA Mail
Referral Unit, Justice Management Division, United States Department of
Justice, 950 Pennsylvania Avenue NW., Washington, DC 20530-0001, or on
the Department of Justice Web site at www.usdoj.gov/04foia/att_d.htm.
CONTESTING RECORD PROCEDURES:
Individuals desiring to contest or amend information maintained in
the system should direct their requests 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. An individual who is the subject of a record in this system
may seek amendment of those records that are not exempt. A
determination of whether a record may be contested or amended will be
made after a request is received.
RECORD SOURCE CATEGORIES:
(a) DEA employees, DEA-deputized state and local law enforcement
officers, cross-designated federal law enforcement officers, and DEA
contractors, (b) Confidential informants, witnesses, and other
cooperating individuals and entities, (c) Suspects, defendants, and
respondents, (d) federal, state, local, territorial, tribal, and
foreign governmental entities, (e) drug and chemical companies, (f) law
enforcement databases, (g) public and open source records and
commercial database.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
The Attorney General has exempted records in this system from
subsections (c)(3) and (4); (d)(1), (2), (3), and (4); (e)(1), (2),
(3), (4)(G), (H), (I), (5), and (8); (f); (g); and (h) 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)(2), (k)(1), or (k)(2). 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. 2012-8764 Filed 4-10-12; 8:45 am]
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