Privacy Act of 1974; Systems of Records

INTERSTATE COMMERCE COMMISSION

[AAG/A Order No. 87-94]

Privacy Act of 1974; Systems of Records

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

given that the Drug Enforcement Administration (DEA) proposes to modify

an existing system of records entitled, ``Investigative Reporting and

Filing System (IRFS), Justice/DEA-008.''

The DEA proposes to modify its IRFS system which covers drug

enforcement-related records to (1) more clearly describe the categories

of individuals covered by the system and the categories of records in

the system, (2) provide specificity with respect to the routine uses of

the information in the system, (3) remove unnecessary exemptions, (4)

more accurately respond to other notice captions, in particular those

captions identified as ``Retrievability,'' and ``Retention and

Disposal,'' and (5) reflect that an automated index, containing

limited, unclassified data, will be available to Federal Law

enforcement agencies. The index will assist these agencies in

determining whether DEA 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 this system.

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 modified 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.

Investigative Reporting and Filing System, Justice/DEA-008.

Drug Enforcement Administration; 700 Army Navy Drive, Arlington, VA

22202; and field offices. For field office addresses, see appendix

identified as ``DEA Appendix--List of Record Location Addresses,

Justice/DEA-999.''

A. Drug offenders

B. Alleged drug offenders; and

C. Persons suspected of drug offenses.

D. Defendants.

Such individuals may include individuals registered with DEA and

responsible for the handling, dispensing, or manufacturing of

controlled substances under the Comprehensive Drug Abuse Prevention and

Control Act of 1970.

Subpart A:

Subpart A is (1) a manual index (which serves as a backup to the

automated index described in subpart B) and (2) paper case file records

consisting of: Criminal Investigative Files; Regulatory Audit and

Investigatory Files; and General Investigative Files. These files may

include investigative and confidential informant reports and all

documented findings and investigative ``lead'' information relative to

preregistrant inspections, investigations, targeted conspiracies, and

trafficking situations, etc. The reports pertain to the full range of

DEA criminal drug enforcement and regulatory investigative functions

that emanate from the Comprehensive Drug Prevention and Control Act of

1970.

For example, records in the Criminal Investigative Case Files may

include a systematic gathering of information targeted on an individual

or group of individuals operating in illegal drugs either in the United

States or internationally; reports on individuals suspected or

convicted of narcotics violations; reports of arrests; information on

drug possession, sales, and purchases by such individuals; and

information on the transport of such drugs, either inside the United

States or internationally, by such individuals. Records in the

Regulatory Audit and Investigatory Files may include similar

investigative reports regarding those individuals specifically

identified under item C. of the ``Categories of Individuals Covered by

the System.'' Records in the General Investigative Files may generally

include fragmentary or low priority information on an individual which

is not significant enough to open a case file.

Subpart B:

Subpart B is an automated index containing limited, summary-type

data which are extracted from and which point to the case files

described in subpart A above. Examples of such data include: Record

number; subject name (person, business, vessel), aliases and soundex;

personal data; (occupation(s), race, sex, date and place of birth,

height, weight, hair color, eye color, citizenship, nationality/

ethnicity, alien status); special considerations (fugitive, armed/

dangerous); resident and criminal address (business and personal);

miscellaneous numbers (telephone, passport, drivers license, vehicles

registration, social security number, etc.); relevant case file

numbers, with indicators for active investigations; date/stamp (event)

data. (Subpart B will contain no classified information.)

This system is established and maintained to enable DEA to carry

out its assigned law enforcement and criminal regulatory functions

under the Comprehensive Drug Abuse Prevention and Control Act of 1970

(Pub. L. 91-513), Reorganization Plan No. 2 of 1973, and Title 21

United States Code; and to fulfill United States obligations under the

Single Convention on Narcotic Drugs.

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

identifying, apprehending, and prosecuting individuals connected in any

way with the illegal manufacture, distribution, or use of drugs.

Relevant records or any relevant facts derived therefrom may be

disclosed to:

(1) Other Federal, State, local, and foreign law enforcement and

regulatory 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 subpart B of

this system of records may be permitted to enable these agencies to:

(i) Identify DEA law enforcement information or activities which may be

relevant to their law enforcement responsibilities and, where such

information or activities is identified, request access to the

underlying case files records described in subpart A, and (ii) ensure

appropriate coordination of such activities with DEA; (2) Other

Federal, State, local, and foreign law enforcement and regulatory

agencies, and components thereof, to the extent necessary to elicit

information pertinent to counter-drug law enforcement; (3) Foreign law

enforcement agencies through the Department of State (with whom DEA

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 about

suspected or known illegal drug violators; (5) Federal and state

regulatory agencies responsible for the licensing or certification of

individuals in the fields of pharmacy and medicine to assist them in

carrying out such licensing or certification functions; (6) 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;

(7) 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; (8) 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;

(9) National Archives and Records Administration and the General

Services Administration in records management inspections conducted

under the authority of 44 U.S.C. 2904 and 2906; and (10) to a court or

adjudicative body before which DEA 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 DEA to be arguably relevant to the

litigation: (i) DEA, or any subdivision thereof, or (ii) any employee

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

his or her individual capacity where the Department of Justice has

agreed to represent the employee, or (iv) the United States, where DEA

determines that the litigation is likely to affect it or any of its

subdivisions.

Records described in subpart A of the ``Categories of Records in

the System'' are maintained on standard index cards and in standard

file folders at DEA Headquarters and field offices. Records described

in subpart B are stored on a computer database at the DEA and on a

mainframe at the Department of Justice Computer Center.

Retrievability:

Information will be retrieved by accessing either the manual or

automated index by name and by cross-referencing the name with a number

assigned to the case file. In addition to other Federal law enforcement

agencies (reference routine use a. above), the law enforcement

components of the Department of Justice may have direct, electronic,

``read only'' access (under subsection (b)(1) of the Privacy Act) to

subpart B of the ``Categories of Records in the System/'' These data

will assist DOJ law enforcement components in identifying whether there

may be detailed records which reside in subpart A of this system of

records that may be relevant to their law enforcement responsibilities.

Where such records are identified, DOJ law enforcement components may

request access.

Safeguards:

Access is limited to designated 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 DEA employees, guarded by security

guard, and/or protected by electronic surveillance and/or alarm

systems, as appropriated. In addition, paper records, including the

manual index, are in locked files during off-duty hours and

unauthorized access to the automated index is also prevented through

state-of-the-art technology such as encryption and multiple user ID's

and passwords.

Paper records will be transferred to the Washington National

Records Center 10 years after date of last entry; and destroyed 25

years after date of last entry. The related index will be deleted 25

years after date of last entry. Approval pending DEA records management

and the NARA.

Assistant Administrator, Operations Division, Drug Enforcement

Administration, Freedom of Information Section, Washington, D.C. 20537.

Inquiries should be addressed to: Drug Enforcement Administration,

Freedom of Information Section, Washington, D.C. 20537.

Same as above.

Same as above.

(a) DEA personnel, (b) Confidential informants, witnesses and other

cooperating individuals, (c) Suspects and defendants, (d) Federal,

State and local law enforcement and regulatory agencies, (e) foreign

law enforcement agencies, (f) business records by subpoena, and (g)

drug and chemical companies.

The Attorney General has exempted this system from subsections

(c)(3) and (4), (d), (e)(1), (2) and (3), (e)(5) and (8), and (g) of

the Privacy Act pursuant to 5 U.S.C. 552a (j)(2). In addition, the

system has been exempted from subsections (c)(3), (d), and (e)(1),

pursuant to subsection (k)(1). 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. 94-14013 Filed 6-8-94; 8:45 am]

BILLING CODE 4410-09