[Federal Register Volume 74, Number 105 (Wednesday, June 3, 2009)]
[Notices]
[Pages 26733-26736]
From the Federal Register Online via the Government Publishing 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