Privacy Act of 1974; System of Records, 36362-36364 [E6-9977]

Agencies

• Department of Justice
• Drug Enforcement Administration

[Federal Register Volume 71, Number 122 (Monday, June 26, 2006)]
[Notices]
[Pages 36362-36364]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9977]


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DEPARTMENT OF JUSTICE

 Drug Enforcement Administration

[AAG/A Order No. 009-2006]


Privacy Act of 1974; System of Records

AGENCY: Drug Enforcement Administration, DOJ.

ACTION: New system of records.

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, 5 
U.S.C. 552a, notice is given that the Department of Justice (DOJ) 
proposes to establish a new Drug Enforcement Administration (DEA) 
system of records entitled, ``El Paso Intelligence Center (EPIC) 
Seizure System (ESS)'' DOJ/DEA-022. ESS incorporates two previous 
systems of records, the Clandestine Laboratory Seizure System notice, 
Justice/DEA-002, last published in the Federal Register January 27, 
2003 (68 FR 3894), and the Automated Intelligence Records System 
(Pathfinder), last published in the Federal Register November 26, 1990 
(55 FR 49182), for the purpose of combining both previously existing 
systems into a single collection of records.

DATES: In accordance with the requirements of 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 under the Act, has 40 days in which to conclude its 
review of the system. Therefore please submit any comments by August 7, 
2006.

ADDRESSES: The public, OMB and the Congress are invited to submit any 
comments to Mary E. Cahill, Management and Planning Staff, Justice 
Management Division, Department of Justice, Washington, DC 20530 (Room 
1400 National Place Building), facsimile number 202-307-1853.

FOR FUTHER INFORMATION CONTACT: Mary E. Cahill 202-307-1823.

SUPPLEMENTARY INFORMATION: This system of records is established in 
connection with the EPIC Open Connectivity Project that implements as a 
major component of this system the EPIC Portal. The EPIC Portal is 
designed to allow vetted users electronic access to data maintained in 
this system that was previously available to authorized users under the 
previously approved system notices for the Clandestine Laboratory 
Seizure System notice (Justice/DEA-002) and the Automated Intelligence 
Records System notice (Justice/DEA-INS-111). Under the previous 
protocol, authorized law enforcement personnel contacted EPIC directly 
with their requests for information. EPIC provided information from 
available databases to the requester. The use of the EPIC Portal under 
this system will allow authorized law enforcement personnel to query 
the ESS by means of a secure internet connection. A principal purpose 
of ESS is to ensure that law enforcement entities can more effectively 
investigate, disrupt and deter criminal activities. ESS furthers this 
purpose by providing a single point of entry to vetted users to submit 
a request for information from relevant data sources available to the 
ESS. Results obtained through a search of ESS databases are provided in 
near real time to the user. Both previously existing systems will 
continue to operate in parallel with this system for as long as is 
necessary to migrate existing data and users. At a date to be 
determined after the successful migration of data and users into this 
new system, the previously existing systems will be cancelled.
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and the Congress.

    Dated: June 19, 2006.
Lee J. Lofthus,
Acting Assistant Attorney General for Administration.
DEPARTMENT OF JUSTICE/DEA-022

System Name:
    EPIC Seizure System (ESS).

System Classification:
    Sensitive But Unclassified.

System Location:
    Department of Defense, Defense Information Systems Agency (DISA), 
Booz Allen Hamilton (contractor), 5201 Leesburg Pike, Suite 400, Falls 
Church, VA 22041, and Department of Justice, Drug Enforcement 
Administration, El Paso Intelligence Center, 11339 SSG Sims Street, El 
Paso, TX 79908-8098.

Categories of Individuals Covered by the System:
    1. Categories consist of individuals identified or referenced in 
the course of investigations relating to:
    (a) The illicit manufacture, distribution, sale or possession of, 
or trafficking in controlled substances;
    (b) The illicit manufacture, distribution, sale or possession of, 
or trafficking in or alteration of identification documents, merchant 
mariner licenses and/or merchant mariner documents;
    (c) Reports of lost, stolen or fraudulent use of identification 
documents;
    (d) Businesses, vessels, and aircraft possibly associated with 
terrorism;
    (e) Crewman desertions or stowaways;
    (f) Movement of drugs, weapons, aliens or other contraband using 
vessels, commercial and/or non-commercial aircraft, or vehicles;
    (g) Tactical boarding of vessels suspected of smuggling drugs, 
weapons, aliens, or other contraband into the United States.
    2. Categories also consist of individuals identified or referenced 
in requests for information:
    (a) In support of U.S. Coast Guard and other law enforcement 
personnel conducting routine boardings;
    (b) On crew lists of in-bound vessels that are 96 hours in advance 
of arrival to the United States;
    (c) On personnel lists for individuals associated with work on or 
around Government or Government-contracted vessels;
    (d) On personnel lists for individuals working in or around U.S. 
waterways, piers, and bridges;
    (e) On pilots, passengers, owners, businesses and aircraft in 
support of Customs and Border Protection granting permission for 
aircraft to fly over the nearest Port of Entry;
    (f) On Civil Air Patrol pilots supporting Drug Enforcement 
Administration or Immigration and Customs Enforcement operations;
    (g) On reported stolen aircraft.

Categories of Records in the System:
    Records consist of:
    (1) Personal identification and location data which may include 
name (including aliases and similar sounding names), occupation(s), 
race, sex, date and place of birth, height, weight, hair color, eye 
color, citizenship, nationality/

[[Page 36363]]

ethnicity, alien status, addresses, and other miscellaneous identifying 
information, including, for example, telephone, passport, drivers 
license, vehicle registration, and Social Security numbers;
    (2) Multi-source drug intelligence data;
    (3) Counter-drug enforcement information, including identification, 
location, arrest, and prosecution of persons involved in the illicit 
trade or trafficking, and other activities and civil proceedings 
related to such enforcement activities;
    (4) Information related to organizations involved in the illicit 
trade in controlled substances either in the United States or 
internationally;
    (5) Reports of arrests;
    (6) Information on stolen aircraft;
    (7) Public and other information including personal identification 
and location data which may include name, date and place of birth, 
social security numbers, addresses and other miscellaneous identifying 
information, including, for example, telephone numbers, drivers 
license, and vehicle registration obtained from commercial databases;
    (8) Public and other information obtained from Federal warrants 
issued by United States Marshals Service;
    (9) Vessel and aircraft data;
    (10) Information relating to terrorist incidents;
    (11) Other information involving the illicit possession, 
manufacture, sale, purchase, and transport of controlled substances; 
and
    (12) Information involving the illicit manufacture, distribution, 
sale or possession of, trafficking in or alteration of identification 
documents, forged merchant mariner licenses and/or merchant mariner 
documents.

Authority for Maintenance of the System:
    The Comprehensive Drug Abuse Prevention and Control Act of 1970 (83 
Stat. 1236), Reorganization Plan No. 2 of 1973, the Omnibus Crime 
Control and Safe Streets Act, (Pub. L. 90-351, as amended), and the 
Single Convention on Narcotic Drugs (18 U.S.C. 1407). Additional 
authority is derived from Treaties, Statutes, Executive Orders, 
Presidential Proclamations, and Attorney General Directives.

Purpose of the System:
    Records in this system are used to provide investigative and public 
health and safety information for the Drug Enforcement Administration, 
and other law enforcement agencies, in the discharge of their law 
enforcement duties and responsibilities.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    Pursuant to the Privacy Act, 5 U.S.C. 552a(b)(3), relevant records 
or any relevant facts derived therefrom may be disclosed:
    (a) To Federal, state, local, tribal and foreign law enforcement 
agencies to facilitate the investigation and prosecution of illegal 
drug trafficking activities.
    (b) To law enforcement individuals and organizations in the course 
of investigations where necessary to elicit information pertinent to 
counter-drug, counter-terrorism, weapons, alien, and drug-money 
investigations.
    (c) 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.
    (d) 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 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.
    (e) To the news media and the public, complying with 28 CFR 50.2 
when applicable, 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;
    (f) 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.
    (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 (NARA) for 
purposes of management inspections conducted under the authority of 44 
U.S.C. 2904 and 2906.
    (i) In an appropriate proceeding before a court or administrative 
or adjudicative body when records are determined by the Department of 
Justice to be 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 agencies of the U.S. Intelligence Community.

Disclosure to Consumer Reporting Agencies:
    None.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Data is stored in electronic media via a configuration of personal 
computer, client/server, and mainframe systems architecture. 
Computerized records are maintained on hard disk, floppy diskettes, 
compact discs, magnetic tape, and/or optical disks. The records are 
stored on computer both at the contractor site and at the El Paso 
Intelligence Center, El Paso, Texas. Paper files are stored as follows: 
(1) In a secure file room with controlled access; (2) in locked file 
cabinets; and/or (3) in other appropriate GSA approved security 
containers.

Retrievability:
    Records may be retrieved by reference to an individual's name or 
personal identifier.

Safeguards:
    Both electronic and paper records are safeguarded in accordance 
with DOJ rules and policy governing automated systems security and 
access. These safeguards include the maintenance of technical equipment 
in restricted areas, and the required use of individual passwords and 
user identification codes to access the system. The system is protected 
by both physical security methods and dissemination and access 
controls. Protection of the automated information system is provided by 
physical, procedural and electronic means.

Retention and Disposal:
    Records in this system will be retained and disposed of in 
accordance with records schedules approved by the National Archives and 
Records Administration (NARA) for the constituent systems of records, 
Justice/DEA-002 and Justice/DEA-INS-111. A separate schedule for the 
retention and disposal of records for Justice/DEA-022 will be submitted 
to NARA for approval.

System Manager and Address:
    Director, El Paso Intelligence Center, 11339 SSG Sims Street, El 
Paso, Texas 79912-8098.

[[Page 36364]]

Notification Procedures:
    Inquiries should be addressed to Freedom of Information and Records 
Section, Drug Enforcement Administration, Washington, DC 20537.

Record Access Procedures:
    A request for access to a record from this system shall be made in 
accordance with 28 CFR part 16 to the Freedom of Information Act 
(FOIA)/Privacy Act (PA) Section, Headquarters, Drug Enforcement 
Administration, Washington, DC 20537 or to the System Manager, with the 
envelope and 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 either notarized or 
submitted under penalty of perjury and dated. Some information may be 
exempt from access to certain 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.

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. 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 seek amendment of 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:
    (1) DEA intelligence and investigative records; (2) reports, 
investigative and intelligence reports from other participating and 
associated Federal, state, local, territorial, tribal, and foreign 
member agencies; (3) records and reports of foreign law enforcement and 
regulatory agencies; and (4) records from commercial databases.

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) and (3), (e)(5) 
and (e)(8); and (g), 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) and (k). A determination as to exemption shall be made at the 
time a request for access or amendment is received. Proposed 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. E6-9977 Filed 6-23-06; 8:45 am]
BILLING CODE 4410-09-P