Privacy Act of 1974; System of Records, 56737-56740 [2013-22374]

Agencies

• Department of Justice

[Federal Register Volume 78, Number 178 (Friday, September 13, 2013)]
[Notices]
[Pages 56737-56740]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22374]


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DEPARTMENT OF JUSTICE

[CPCLO Order No. 003-2013]


Privacy Act of 1974; System of Records

AGENCY: Executive Office for Organized Crime Drug Enforcement Task 
Forces (OCDETF), Department of Justice.

ACTION: Notice of a modified system of records.

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SUMMARY: Pursuant to the Privacy Act of 1974, 5 U.S.C. 552a, and Office 
of Management and Budget (OMB) Circular No. A-130, notice is hereby 
given that the Department of Justice (Department or DOJ), Executive 
Office for OCDETF proposes to amend an existing system of records 
notice (SORN) entitled ``Drug Enforcement Task Force Evaluation and 
Reporting System,'' JUSTICE/DAG-003, last published in its entirety at 
57 FR 8473, Mar. 10, 1992. This amendment reflects a reorganization of 
the Department of Justice establishing the Executive Office for OCDETF 
as a new component and the resulting transfer of responsibility for 
this system of records from the Office of the Deputy Attorney General 
to the Executive Office for OCDETF. Accordingly, the Executive Office 
for OCDETF is renaming this system as the ``Organized Crime Drug 
Enforcement Task Forces Management Information System'' (OCDETF MIS), 
changing the system number from JUSTICE/DAG-003 to JUSTICE/OCDETF-001, 
and making revisions to reflect the Executive Office of OCDETF's own 
record-keeping practices and the overall modernization and 
technological changes of the system. Accordingly, this modified SORN 
will replace the SORN for JUSTICE/DAG-003.

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. Therefore, please submit any 
comments by October 15, 2013.

ADDRESSES: The public, OMB, and Congress are invited to submit any 
comments to the Department of Justice, ATTN: Privacy Analyst, Office of 
Privacy and Civil Liberties, U.S. Department of Justice, National Place 
Building, 1331 Pennsylvania Avenue NW., Suite 1000, Washington, DC 
20530-0001, or by facsimile to 202-307-0693.

FOR FURTHER INFORMATION CONTACT: Jill Aronica, Chief Information 
Systems Section, Executive Office for OCDETF, 1331 Pennsylvania Avenue 
NW., Suite 1060, Washington, DC 20530-0001, phone 202-514-1860.

SUPPLEMENTARY INFORMATION:  The OCDETF MIS is a case tracking and 
reporting system designed to provide a platform for OCDETF 
investigative and prosecutorial personnel to track and coordinate 
investigative efforts. In addition, the system provides the data 
necessary to evaluate OCDETF Program performance.
    When this system was under the purview of the Office of the Deputy 
Attorney General, this system of records was exempted from certain 
provisions of the Privacy Act pursuant to 5 U.S.C. 552a(j) and (k). 
These exemptions are codified in the Code of Federal Regulations (CFR) 
section for exemptions of the Office of the Deputy Attorney General 
systems (28 CFR 16.71). The Department is establishing a new CFR 
section for exemptions of OCDETF systems (28 CFR 16.135) and 
redesignating the existing exemptions to be part of this new OCDETF 
section. In the meantime, the Department intends that the exemptions 
established in 28 CFR 16.71 will continue to apply to this system and 
all its records until 28 CFR 16.135 is effective.

[[Page 56738]]

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

    Dated: August 21, 2013.
Joo Y. Chung,
Acting Chief Privacy and Civil Liberties Officer, United States 
Department of Justice.
JUSTICE/OCDETF-001

SYSTEM NAME:
    Organized Crime Drug Enforcement Task Forces Management Information 
System (OCDETF MIS).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    OCDETF Fusion Center, Executive Office for OCDETF, U.S. Department 
of Justice, 1331 Pennsylvania Avenue NW., Suite 1060, Washington, DC 
20530. Some or all system information may be duplicated at other 
locations for purposes of system backup, emergency preparedness, and 
continuity of operations.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system encompasses individuals who are subjects or potential 
subjects of investigations under the OCDETF Program, including 
individuals who are charged with, convicted of, or known, suspected, or 
alleged to be involved with illicit drug trafficking, money laundering 
of drug proceeds, or other potentially related criminal activity. This 
system also covers individuals who are associated with or related to 
investigations under the OCDETF Program, including associates of 
subjects, witnesses, informants, and law enforcement and prosecutorial 
personnel.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records consist of case-initiation forms, interim and final 
reports, indictment records, and disposition/sentencing forms, 
regarding potential or actual targets of OCDETF investigations, as well 
as related administrative records for state and local case 
participation.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Authorities for the maintenance of these records include 5 U.S.C. 
301 and the Comprehensive Drug Abuse Prevention and Control Act of 
1970, Public Law 91-513, 84 Stat. 1236 (21 U.S.C. 801 et seq.).

PURPOSE:
    The purpose of this system of records is to facilitate the mission 
of the OCDETF Program, which is to reduce the illegal drug supply by 
identifying, disrupting, and dismantling the most significant 
international and domestic criminal enterprises engaged in illegal drug 
trafficking, laundering of drug proceeds, and related criminal 
activities. The OCDETF MIS is a case tracking and reporting system 
designed to provide a platform for OCDETF investigative and 
prosecutorial personnel to track and coordinate investigative efforts 
from the initiation of an OCDETF investigation through the closing of 
the case. In addition, the system provides the data necessary to 
evaluate OCDETF Program performance.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b), 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, 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 threat.
    (d) To any person or entity if deemed by OCDETF to be necessary in 
order to elicit information or cooperation from the recipient for use 
by OCDETF in the performance of an authorized law enforcement activity.
    (e) 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.
    (f) 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.
    (g) 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.
    (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 to 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 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.
    (m) 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.
    (n) 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.

[[Page 56739]]

    (o) 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 assignment, 
detail, or deployment 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.
    (p) 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.
    (q) 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.
    (r) 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.
    (s) To the National Archives and Records Administration (NARA) for 
purposes of records management inspections conducted under the 
authority of 44 U.S.C. 2904 and 2906.
    (t) To appropriate agencies, entities, and persons when (1) the 
Department suspects or has 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.
    (u) To such recipients and under such circumstances and procedures 
as are mandated by federal statute or treaty.

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 in an internal database format. 
Hard copy records may be stored in individual file folders and file 
cabinets with controlled access, and/or other appropriate GSA-approved 
security containers.

RETRIEVABILITY:
    Individual records are accessed by use of data-retrieval 
capabilities of computer software acquired and developed for processing 
information in the OCDETF MIS. (Hard copy formats are accessed via 
manual retrieval.) Records are generally retrieved by case number, but 
can also be retrieved through a number of criteria, including 
personally identifiable information such as name and social security 
number.

SAFEGUARDS:
    These records are housed in a secure space restricted to DOJ 
employees and other authorized personnel, and to those persons 
transacting business with the DOJ who are escorted by DOJ or other 
authorized personnel. Paper files are stored in file cabinets in locked 
offices. 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 system space is secured by intruder alarms and 
other appropriate physical and electronic security controls. Direct 
access to the system is password-restricted to DOJ employees, 
detailees/designees from other federal agencies, and contractors who 
have a demonstrated and lawful need to know the information in order to 
perform assigned functions on behalf of the OCDETF Program, who have 
appropriate security clearances, and who have been specifically 
authorized access.

RETENTION AND DISPOSAL:
    OCDETF MIS data files have been deemed ``Permanent'' by NARA. A 
copy of the data maintained for each investigation is required to be 
transferred to NARA 25 years after the close of the case in accordance 
with 36 CFR 1228.270, or existing NARA transfer requirements at the 
time of transfer. Paper copies are to be destroyed five years after the 
close of each case upon verification of successful conversion and input 
into the NARA system.

SYSTEM MANAGER AND ADDRESS:
    Director, Executive Office for OCDETF, Department of Justice, 950 
Pennsylvania Avenue NW., Washington, DC 20530.

NOTIFICATION PROCEDURE:
    Same as Record Access Procedures.

RECORD ACCESS PROCEDURES:
    A request for access to a record from this system must be submitted 
in writing and comply with 28 CFR part 16, and should be sent to the 
Executive Office for OCDETF, U.S. Department of Justice, 1331 
Pennsylvania Avenue NW., Suite 1060, Washington, DC 20530-0001. The 
envelope and the letter should be clearly marked ``Privacy Act 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. While 
no specific form is required, requesters may obtain a form (Form DOJ-
361) for use in certification of identity from the FOIA/Privacy Act 
Mail Referral Unit, Justice Management Division, United States 
Department of Justice, 950 Pennsylvania Avenue NW., Washington, DC 
20530-0001, or from the Department's Web site at https://www.justice.gov/oip/forms/cert_ind.pdf. As described below in the 
section entitled ``Exemptions Claimed for the System,'' the Attorney 
General has exempted this system of records from the notification, 
access, and amendment provisions of the Privacy Act. These exemptions 
apply only to the extent that the information in this system is subject 
to exemption pursuant to 5 U.S.C. 552a(j) and/or (k). An individual who 
is the subject of a record in this system may seek access to those 
records that are not exempt from the access provisions. A determination 
whether a record may be accessed will be made at the time a request is 
received.

CONTESTING RECORD PROCEDURES:
    Individuals seeking to contest or amend information maintained in 
the system should direct their requests to the address indicated in the 
``Record Access Procedures'' section, above. The request must comply 
with 28 CFR 16.46, and state clearly and concisely what information is 
being contested, the reasons for contesting it, and the proposed 
amendment of the information. Some information may be exempt from the 
amendment provisions.

[[Page 56740]]

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:
    Sources of information contained in this system include federal, 
state, local, tribal, territorial, and foreign law enforcement 
agencies, informants, members of the public, the public media, and the 
private sector, including commercial data brokers.

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), 
(4)(G), (H), and (I), (5), and (8); (f); and (g) of the Privacy Act 
pursuant to 5 U.S.C. 552a(j) and (k). Rules have been promulgated in 
accordance with the requirements of 5 U.S.C. 553(b), (c), and (e) and 
have been published in today's Federal Register.
[FR Doc. 2013-22374 Filed 9-12-13; 8:45 am]
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