Privacy Act of 1974; System of Records

INTERSTATE COMMERCE COMMISSION

[AAG/A Order No. 89-94]

Privacy Act of 1974; System of Records

Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), notice is

given that the Federal Bureau of Investigation (FBI) proposes to

describe a separate system of records entitled, ``FBI Counterdrug

Information Indices System'' (CIIS) (JUSTICE/FBI-016).

The newly described FBI system reflects that automated indices,

containing limited data, will be available to Federal law enforcement

agencies. The indices will assist these agencies in determining whether

the FBI may have a more detailed record which is relevant to their law

enforcement responsibilities, and which may be made available to them

upon request.

Title 5 U.S.C. 552a(e) (4) and (11) provide that the public be

provided a 30-day period in which to comment on the new routine uses of

a system of records. The Office of Management and Budget (OMB), which

has oversight responsibility under the Act, requires that it be given a

40-day period in which to review these systems.

Therefore, please submit any comments by July 11, 1994. The public,

OMB and the Congress are invited to send written comments to Patricia

E. Neely, Systems Policy Staff, Justice Management Division, Department

of Justice, Washington, DC 20530 (Room 850, WCTR Building).

A description of the system of records is provided below. In

addition, the Department has provided a report to OMB and the Congress

in accordance with 5 U.S.C. 552a(r).

Dated: June 3, 1994.

Stephen R. Colgate,

Assistant Attorney General for Administration.

JUSTICE/FBI-016

FBI Counterdrug Information Indices System (CIIS) (JUSTICE/FBI-

016).

The Department of Justice (DOJ) Computer Center, Rockville,

Maryland, and at FBI Headquarters, Washington, DC.

Individuals who relate in any manner to official FBI drug law

enforcement investigations including, but not limited to, subjects,

suspects, victims, witnesses, and close relatives and associates who

are relevant to an investigation.

The records in the system will consist of automated indices to

information located in drug law enforcement case files of the FBI.

Examples of the case files include those concerning the distribution of

controlled substances, continuing criminal enterprises, racketeering

enterprises, Organized Crime Drug Enforcement Task Forces cases, and

organized crime-drug intelligence cases.

These automated indices contain limited summary type data extracted

from the case files. These indices will serve as a pointer system to

FBI case files containing drug law enforcement information; but the

system does not contain the case files themselves. Access to the case

file information must be gained by separate contact with the

appropriate FBI office, outside this system, after the system has been

queried. The system will facilitate better exchange of drug law

enforcement information between and among the FBI and DEA, and such

other law enforcement agencies as may participate in the counterdrug

investigative information sharing program which this system serves.

Only specified data fields from these records will be provided.

Examples of data fields included are name, case file number, race, sex,

name identifiers (alias, true-name, main, reference, individual, non-

individual), locality indicators, date of birth, place of birth, ID

numbers, addresses, violation codes, investigative classification, and

office of origin. Data fields from cases also include status, date case

was opened, date case was closed, and point-of-contact information such

as squad assigned, and auxiliary office. Additional point-of-contact

information will be provided via a table of field offices and telephone

numbers.

Authority for this system is found at 28 U.S.C. 534, and 44 U.S.C.

3101.

The records in this system have been compiled for the purpose of

identifying, apprehending, and prosecuting individuals connected in any

way with the manufacture, distribution, and use of illegal drugs. The

system, by promoting the enhanced sharing of drug intelligence, is

intended to facilitate enhanced cooperation between and among the FBI

and DEA and such other law enforcement agencies as may participate in

the drug law enforcement information sharing program it serves,

eliminate duplication of efforts, and enhance the safety of law

enforcement personnel who conduct these inherently dangerous

investigations.

System records or any pertinent information derived therefrom may

be disclosed (through electronic or other means in the case of

participating Federal law enforcement agencies, and through other, non-

electronic means as appropriate in other cases) to:

(1) Federal, state, local, and foreign law enforcement agencies,

and components thereof, to support their role in the detection and

monitoring of the distribution of illegal drugs in the United States or

such other roles in support of counterdrug law enforcement as may be

permitted by law; direct, electronic, ``read only'' access, by Federal

law enforcement agencies only, to the automated indices of this system

of records may enable these agencies to: (i) Identify FBI law

enforcement information or activities which may be relevant to their

law enforcement responsibilities and, where such information or

activities are identified, request access to information in FBI case

files relating to drug law enforcement, and (ii) ensure appropriate

coordination of such activities with the FBI;

(2) Federal, state, local, and foreign law enforcement agencies,

and components thereof, to the extent necessary to elicit information

pertinent to counterdrug law enforcement;

(3) Foreign law enforcement agencies with whom the FBI maintains

liaison, and agencies of the U.S. foreign intelligence community to

further the efforts of those agencies with respect to the national

security and foreign affairs aspects of international drug trafficking;

(4) Individuals and organizations in the course of investigations

to the extent necessary to elicit information pertinent to counterdrug

law enforcement;

(5) Any person, organization, or entity within the private or

public sector, domestic or foreign, to the extent necessary to prevent

an imminent or potential crime which could or does directly threaten

loss of life, serious injury, or serious loss of property;

(6) The news media and/or 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;

(7) 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 specific request of the individual who is the subject of the

record;

(8) National Archives and Records Administration and the General

Services Administration for records management inspections conducted

under the authority of 44 U.S.C. 2904 and 2906; and

(9) To a court or adjudicative body before which the FBI is

authorized to appear when any of the following is a party to litigation

or has an interest in litigation and such records are determined by the

FBI to be arguably necessary to the litigation: (i) The FBI, or any

subdivision thereof, or (ii) any employee of the FBI in his or her

official capacity, or (iii) any employee of the FBI in his or her

individual capacity where the DOJ has agreed to represent the

employees, or (iv) the United States, where the FBI determines that the

litigation is likely to affect it or any of its subdivisions.

Records described in this system are stored on a mainframe computer

at the DOJ Computer Center, and on back-up storage devices at FBI

Headquarters, which are accessible by the FBI.

Information in the automated indices will be retrieved by name or

other unique identifier. In addition to other Federal law enforcement

agencies (reference routine use above), the law enforcement components

of the DOJ may have direct, electronic, ``read only'' access (under

subsection (b)(1) of the Privacy Act) to this system. This data will

assist DOJ law enforcement components in identifying whether there may

be detailed records which reside in the case files of the FBI that may

be relevant to their law enforcement responsibilities. Where such

records are identified, DOJ law enforcement components may request

access to them.

Access is limited to designated agency employees with a need-to-

know. All records are stored in a secure area of a secure building. In

addition to controlled access to the building, the areas where records

are kept are either attended by responsible employees, guarded by

security personnel, and/or protected by electronic surveillance and/or

alarm systems, as appropriate. In addition, unauthorized access to the

automated indices is also prevented through state-of-the-art technology

such as encryption and user ID's and multiple passwords.

The automated indices in this system relate to case files which are

characterized as either permanent or temporary, governed by NARA

criteria in making such assessments. Depending on the nature of the

case files to which they relate, the automated indices in this system

will be retained permanently or disposed of in accordance with the FBI

Records Disposition Schedule developed jointly by NARA and the FBI and

approved by the United States District Court for the District of

Columbia, Washington, DC.

Director, Federal Bureau of Investigation, Washington, DC 20535.

Inquires should be addressed to: Federal Bureau of Investigation,

Freedom of Information/Privacy Acts Section, 9th Street and

Pennsylvania Avenue, NW., Washington, DC 20535

Same as above.

Same as above.

The data maintained in the automated indices in this system is

derived from information in FBI drug law enforcement related case

files, which are not part of this system.

The Attorney General has exempted this system from subsections (c)

(3) and (4), (d), (e) (1), (2) and (3), (e)(4) (G) and (H), (e) (5) and

(8), (f) and (g) of the Privacy Act pursuant to 5 U.S.C. 552a (j)(2).

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. 94-14011 Filed 6-8-94; 8:45 am]

BILLING CODE 4410-02