Privacy Act of 1974; System of Records, 26733-26736 [E9-12860]

Agencies

• Department of Justice

[Federal Register Volume 74, Number 105 (Wednesday, June 3, 2009)]
[Notices]
[Pages 26733-26736]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12860]


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DEPARTMENT OF JUSTICE

[CPCLO Order No. 001-2009]


Privacy Act of 1974; System of Records

AGENCY: Criminal Division, Department of Justice.

ACTION: Notice of a modification of a system of records.

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SUMMARY: Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), the 
Criminal Division (CRM), Department of Justice, proposes to modify an 
existing 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 
(OCDETF) Fusion Center, Executive Office for the Organized Crime Drug 
Enforcement Task Force, Criminal Division, and rename it the 
``Organized Crime Drug Enforcement Task Force Fusion Center and 
International Organized Crime Intelligence and Operations Center 
System.'' In recognition of the demonstrated interrelationship between 
criminal organizations that engage in illicit drug trafficking (and 
related criminal activities) and those that engage in international 
organized crime, involving a broader variety of criminal activity, the 
International Organized Crime Intelligence and Operations Center (IOC-
2) and OCDETF formed a partnership. This partnership will facilitate 
both OCDETF and IOC-2 mission needs by collocating multi-source 
criminal law enforcement and intelligence data into one central system 
in order to assist OCDETF and IOC-2 in executing their responsibilities 
with respect to drug trafficking, international organized crime, 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. Additionally, two new routine 
use disclosures are being added to the system notice. Routine use (t) 
pertains to the suitability/eligibility of an individual for a license 
or permit and routine use (u) includes notification of a terrorist 
threat.

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; and the Office of Management 
and Budget (OMB), which has oversight responsibility under the Act, 
requires a 40-day period in which to conclude its review of the system. 
Therefore, please submit any comments by July 13, 2009.

ADDRESSES: The public, OMB, and Congress are invited to submit any 
comments to the Department of Justice, ATTN: Robin Moss, Privacy 
Analyst, Office of Privacy and Civil Liberties, Department of Justice, 
National Place Building, 1331 Pennsylvania Avenue NW., Suite 940, 
Washington, DC 20530.

FOR FURTHER INFORMATION CONTACT: 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.
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and the Congress on the modified system of records.

    Dated: May 28, 2009.
Kirsten J. Moncada,
Acting Chief Privacy and Civil Liberties Officer.
JUSTICE/CRM-028

SYSTEM NAME:
    Organized Crime Drug Enforcement Task Force Fusion Center and 
International Organized Crime Intelligence and Operations 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 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, or involved with international organized crime. For these 
purposes international organized crime refers to those self-
perpetuating associations of individuals who operate internationally 
for the purpose of obtaining power, influence, monetary and/or 
commercial gains, wholly or in part by illegal means, while protecting 
their activities through a pattern of corruption and/or violence, or 
while protecting their illegal activities through an international 
organizational structure and the exploitation of international commerce 
or communication mechanisms. 2. Individuals with pertinent knowledge of 
some circumstances or aspect of a case

[[Page 26734]]

or record subject, such as witnesses, associates of record subjects, 
informants, and law enforcement or intelligence personnel. 3. 
Individuals, reasonably suspected of engaging in money laundering, 
other financial crimes, terrorism, and other criminal activity, 
including individuals referenced in information provided to the 
Financial Crimes Enforcement Network from financial institutions and 
other sources. 4. Individuals identified in or involved with the 
filing, evaluation, or investigation of reports under the Bank Secrecy 
Act and its implementing regulations. 5. Information about relevant 
immigrant and nonimmigrant visa applicants, including visa 
adjudication, issuance, and refusal information is also collected.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records may contain investigative and intelligence information 
about the individuals in this system, including their identifying 
information such as, but not limited to, name, social security number, 
address, physical descriptions of appearance, license plate 
information, bank account number, 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 and/or 
the International Organized Crime Intelligence and Operations Center 
(IOC-2) 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, international organized crime, 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, Public Law 108-199, 118 
Stat. 3 (2004); Comprehensive Drug Abuse Prevention and Control Act of 
1970, Public Law 91-513 (84 Stat. 1236); the Single Convention on 
Narcotic Drugs, 1961; the Organized Crime Control Act of 1970, Public 
Law 91-452 (84 Stat. 922); the Convention on Transnational Organized 
Crime, 2004; Executive Order 11396 (1968). 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):
    This system of records will serve two primary purposes. The first 
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.
    The second purpose of this system of records is to facilitate the 
mission of IOC-2 and its member agencies to significantly disrupt and 
dismantle those international criminal organizations posing the 
greatest threat to the United States. By establishing a central data 
warehouse for the compilation, fusion, storage, and comprehensive 
analysis of international organized crime, financial, and related 
investigative information, IOC-2 expects to produce a more complete 
picture of the activities of international criminal organizations and 
their memberships than any one such agency can produce by itself. 
Specifically, IOC-2 will develop investigative leads, operational 
intelligence products and strategic intelligence assessments on new or 
evolving threats. IOC-2 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 organized crime, 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 if deemed by the Department of Justice 
to be necessary in order to elicit information or cooperation from the 
recipient for use by the Department in the performance of an authorized 
law enforcement activity 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

[[Page 26735]]

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.
    (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, grand jury, 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 determines 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 that 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, local, 
territorial, 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, 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.
    (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) 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.
    (s) To appropriate agencies, entities, and persons when (1) it is 
suspected or confirmed that the security or confidentiality of 
information in the system of records has been compromised; (2) the 
Department 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 or programs (whether 
maintained by the Department 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 efforts to respond to the suspected or 
confirmed compromise and prevent, minimize, or remedy such harm.
    (t) 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.
    (u) 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 treat.

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 or removable storage 
devices. 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 and IOC-2 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 DOJ employees, detailees to DOJ from other government 
agencies, 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 and/or IOC-2. All OCDETF Fusion Center and IOC-2 
personnel capable of accessing the

[[Page 26736]]

OCDETF Fusion Center and IOC-2 System will have successfully passed a 
background investigation. Unauthorized access to the telecommunications 
terminals is precluded by a complex authentication procedure.

RETENTION AND DISPOSAL:
    Records in this system are maintained and disposed of in accordance 
with appropriate authority of the National Archives and Records 
Administration.

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.

CONTESTING RECORD PROCEDURES:
    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, 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), (4)(G), 
(H) and (I), (5), and (8); (f); 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. E9-12860 Filed 6-2-09; 8:45 am]
BILLING CODE 4410-14-P