[Federal Register Volume 78, Number 179 (Monday, September 16, 2013)]
[Notices]
[Pages 56926-56930]
From the Federal Register Online via the Government Publishing 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
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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 http://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]
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