Privacy Act of 1974; System of Records, 56926-56930 [2013-22368]

Agencies

• Department of Justice

[Federal Register Volume 78, Number 179 (Monday, September 16, 2013)]
[Notices]
[Pages 56926-56930]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22368]


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DEPARTMENT OF JUSTICE

[CPCLO Order No. 004-2013]


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, ``Organized Crime Drug Enforcement Task Force 
Fusion Center and International Organized Crime Intelligence and 
Operations Center System,'' JUSTICE/CRM-028, last published at 74 FR 
26733, June 3, 2009. 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 Criminal Division to the Executive Office 
for OCDETF. Accordingly, the Executive Office for OCDETF is changing 
the system number from JUSTICE/CRM-028 to JUSTICE/OCDETF-002, and 
making revisions to reflect the Executive Office for 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/CRM-028. In addition, this amended 
SORN updates and modifies the previous SORN as follows: In the 
Categories of Individuals Covered by the System, a new category has 
been added for individuals who seek to or in fact do enter, exit, or 
transit the border of the United States and individuals associated with 
any such travel, including owners/lessees of the conveyances used; the 
Categories of Records in the System includes additional examples of 
records that may be associated with this new category of individuals; 
Executive Office for OCDETF contact information has been updated; and 
various other minor revisions have been made.

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 16, 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, U.S. Department of 
Justice, 1331

[[Page 56927]]

Pennsylvania Avenue NW., Suite 1060, Washington, DC 20530, phone 202-
514-1860.

SUPPLEMENTARY INFORMATION: 
    This system serves two primary purposes. The first 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 drug supply and money laundering 
organizations and related criminal operations (e.g., arms traffickers, 
alien smugglers, terrorists). The second purpose of this system is to 
facilitate the mission of the International Organized Crime 
Intelligence and Operations Center (IOC-2) and its member agencies to 
significantly disrupt and dismantle those international criminal 
organizations posing the greatest threat to the United States. 
Recognizing 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 IOC-2 and 
OCDETF formed a partnership to facilitate both OCDETF and IOC-2 mission 
needs by collocating multi-source criminal law enforcement and 
intelligence data for the compilation, fusion, storage, and 
comprehensive analysis of drug, international organized crime, 
financial, and related investigative information. Using this system, 
the OCDETF Fusion Center/IOC-2 develop investigative leads, operational 
intelligence products, and strategic intelligence assessments on new or 
evolving threats for dissemination as appropriate to cognizant law 
enforcement, regulatory, intelligence, and military agencies to assist 
them in enforcing criminal, civil, and regulatory laws related to drug 
trafficking, money laundering, firearms trafficking, alien smuggling, 
organized crime, terrorism, and other crimes, including the 
identification, apprehension, and prosecution of individuals who 
threaten the United States' national and international security 
interests through their involvement in such crimes.
    Before the Executive Office for OCDETF became its own Department 
component, this system of records was exempted from certain provisions 
of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2) and (k)(2). These 
exemptions are codified in the Code of Federal Regulations (CFR) 
section for exemptions of Criminal Division systems (28 CFR 16.91(u) 
and (v)). 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 16.91(u) and (v) will continue to apply to this system and all its 
records until 28 CFR 16.135 is effective.
    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 notice.

     Dated: August 21, 2013.
Joo Y. Chung,
Acting Chief Privacy and Civil Liberties Officer, United States 
Department of Justice.
JUSTICE/OCDETF-002

SYSTEM NAME:
    Organized Crime Drug Enforcement Task Force Fusion Center and 
International Organized Crime Intelligence and Operations Center 
System.

SECURITY CLASSIFICATION:
    Classified and unclassified.

SYSTEM LOCATION:
    OCDETF Fusion Center, Executive Office for OCDETF, U.S. Department 
of Justice, 1331 Pennsylvania Avenue NW., Suite 1060, Washington, DC 
20530-0001. Some or all system information may be duplicated at other 
locations for purposes including system backup, emergency preparedness, 
and continuity of operations.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    1. Individuals charged with, convicted of, or known, suspected, or 
alleged to be involved with, illicit drug trafficking or other 
potentially related criminal activity, including but not limited to 
facilitating the transportation of drug 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 activities through an international organizational structure and 
the exploitation of international commerce or communication mechanisms.
    2. Individuals with pertinent knowledge of some circumstances or 
aspects of a case 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. Immigrant and nonimmigrant visa applicants.
    6. Individuals who seek to or in fact do enter, exit, or transit 
the border of the United States by air, land, or sea, regardless of 
method of transportation or conveyance, including those beginning or 
concluding a portion of their international travel by traveling 
domestically within the United States, and individuals associated with 
any such travel, including owners/lessees of the conveyances used.

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, date of birth, gender, 
social security number, address, physical description, photograph, 
operator license (e.g., driver, airman, mariner), international travel 
information (e.g., visa adjudication, issuance, and refusal 
information, country of citizenship, travel documents, admission and 
departure processing), vehicle license plate/number and other 
information on conveyances used, bank account number, location//
activities, as well as other data which may assist the 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.

[[Page 56928]]

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Consolidated Appropriations Act, 2004, Public Law 108-199, 118 
Stat. 3; Comprehensive Drug Abuse Prevention and Control Act of 1970, 
Public Law 91-513, 84 Stat. 1236 (21 U.S.C. 801 et seq.); the United 
Nations Single Convention on Narcotic Drugs, 1961; the Organized Crime 
Control Act of 1970, Public Law 91-452, 84 Stat. 922; the United 
Nations Convention on Transnational Organized Crime, 2000; and E.O. 
11396, 33 FR 2689, 3 CFR, 1966-1970 Comp., p. 711. 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 serves two primary purposes. The first 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 drug supply and money laundering 
organizations and related criminal operations (e.g., arms traffickers, 
alien smugglers, terrorists). The second purpose of this system is to 
facilitate the mission of the International Organized Crime 
Intelligence and Operations Center (IOC-2) and its member agencies to 
significantly disrupt and dismantle those international criminal 
organizations posing the greatest threat to the United States. 
Recognizing 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 IOC-2 and 
OCDETF formed a partnership to facilitate both OCDETF and IOC-2 mission 
needs by collocating multi-source criminal law enforcement and 
intelligence data for the compilation, fusion, storage, and 
comprehensive analysis of drug, international organized crime, 
financial, and related investigative information. Using this system, 
the OCDETF Fusion Center/IOC-2 develop investigative leads, operational 
intelligence products, and strategic intelligence assessments on new or 
evolving threats for dissemination as appropriate to cognizant law 
enforcement, regulatory, intelligence, and military agencies to assist 
them in enforcing criminal, civil, and regulatory laws related to drug 
trafficking, money laundering, firearms trafficking, alien smuggling, 
organized crime, terrorism, and other crimes, including the 
identification, apprehension, and prosecution of individuals who 
threaten the United States' national and international security 
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:
    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 the Executive Office for 
OCDETF/IOC-2 to be necessary in order to elicit information or 
cooperation from the recipient for use by the Executive Office for 
OCDETF/IOC-2 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.
    (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

[[Page 56929]]

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 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 databases and/or on hard disks, 
removable storage devices, or other electronic media. 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:
    Individual records are accessed 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. (Hard-copy 
formats are accessed via manual retrieval.) Data will 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 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 system records 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 of the files. System records are contained in a 
room secured by intruder alarms and other appropriate physical and 
electronic security controls. Access to system computer terminal(s) is 
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 system records 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 OCDETF, U.S. Department of Justice, 
950 Pennsylvania Avenue NW., Washington, DC 20530-0001.

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, National Place 
Building, 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

[[Page 56930]]

reasons for contesting it, and the proposed amendment of the 
information. Some information may be exempt from the amendment 
provisions. 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:
    Information is provided by federal, state, local, tribal, 
territorial, and foreign law enforcement agencies; agencies of the U.S. 
foreign intelligence community and military community; the private 
sector; and open sources, such as broadcast and print media and 
publicly available 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), (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). 
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. 2013-22368 Filed 9-13-13; 8:45 am]
BILLING CODE 4410-NY-P