[Federal Register: October 18, 2004 (Volume 69, Number 200)]
[Notices]
[Page 61403-61406]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18oc04-88]
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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