[Federal Register Volume 77, Number 70 (Wednesday, April 11, 2012)]
[Pages 21808-21811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8764]



[CPCLO Order No. 005-2012]

Privacy Act of 1974; System of Records

AGENCY: Drug Enforcement Administration, United States Department of 

ACTION: Modified System of Records.


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 

[[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-

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 

    Investigative Reporting and Filing System

    Classified and unclassified information.

    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.

    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.

    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 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.

    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.
    (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 
    (c) To a domestic or foreign governmental entity lawfully engaged 
in national security or homeland defense for the entity's official 
    (d) To a governmental regulatory authority where the information is 
relevant to the recipient authority's official enforcement 
    (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 
    (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 
    (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 
    (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 
    (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.


    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.

    Records are retrieved by identifying particulars assigned to 
individuals such as name, alias, Social Security Number, DEA 
registration number, and other DEA-assigned number.

    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.

    Records in this system will be retained and disposed of in 
accordance with record retention schedules approved by the National 
Archives and Records Administration.

    Chief of Operations, Operations Division and Assistant 
Administrator for Intelligence, Intelligence Division, DEA 
Headquarters, 8701 Morrissette Drive, Springfield, VA 22152.

    Same as 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.

    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.

    (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.

    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]