[Federal Register Volume 59, Number 110 (Thursday, June 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14011]
[[Page Unknown]]
[Federal Register: June 9, 1994]
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INTERSTATE COMMERCE COMMISSION
[AAG/A Order No. 89-94]
Privacy Act of 1974; System of Records
Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), notice is
given that the Federal Bureau of Investigation (FBI) proposes to
describe a separate system of records entitled, ``FBI Counterdrug
Information Indices System'' (CIIS) (JUSTICE/FBI-016).
The newly described FBI system reflects that automated indices,
containing limited data, will be available to Federal law enforcement
agencies. The indices will assist these agencies in determining whether
the FBI may have a more detailed record which is relevant to their law
enforcement responsibilities, and which may be made available to them
upon request.
Title 5 U.S.C. 552a(e) (4) and (11) provide that the public be
provided a 30-day period in which to comment on the new routine uses of
a system of records. The Office of Management and Budget (OMB), which
has oversight responsibility under the Act, requires that it be given a
40-day period in which to review these systems.
Therefore, please submit any comments by July 11, 1994. The public,
OMB and the Congress are invited to send written comments to Patricia
E. Neely, Systems Policy Staff, Justice Management Division, Department
of Justice, Washington, DC 20530 (Room 850, WCTR Building).
A description of the system of records is provided below. In
addition, the Department has provided a report to OMB and the Congress
in accordance with 5 U.S.C. 552a(r).
Dated: June 3, 1994.
Stephen R. Colgate,
Assistant Attorney General for Administration.
JUSTICE/FBI-016
FBI Counterdrug Information Indices System (CIIS) (JUSTICE/FBI-
016).
The Department of Justice (DOJ) Computer Center, Rockville,
Maryland, and at FBI Headquarters, Washington, DC.
Individuals who relate in any manner to official FBI drug law
enforcement investigations including, but not limited to, subjects,
suspects, victims, witnesses, and close relatives and associates who
are relevant to an investigation.
The records in the system will consist of automated indices to
information located in drug law enforcement case files of the FBI.
Examples of the case files include those concerning the distribution of
controlled substances, continuing criminal enterprises, racketeering
enterprises, Organized Crime Drug Enforcement Task Forces cases, and
organized crime-drug intelligence cases.
These automated indices contain limited summary type data extracted
from the case files. These indices will serve as a pointer system to
FBI case files containing drug law enforcement information; but the
system does not contain the case files themselves. Access to the case
file information must be gained by separate contact with the
appropriate FBI office, outside this system, after the system has been
queried. The system will facilitate better exchange of drug law
enforcement information between and among the FBI and DEA, and such
other law enforcement agencies as may participate in the counterdrug
investigative information sharing program which this system serves.
Only specified data fields from these records will be provided.
Examples of data fields included are name, case file number, race, sex,
name identifiers (alias, true-name, main, reference, individual, non-
individual), locality indicators, date of birth, place of birth, ID
numbers, addresses, violation codes, investigative classification, and
office of origin. Data fields from cases also include status, date case
was opened, date case was closed, and point-of-contact information such
as squad assigned, and auxiliary office. Additional point-of-contact
information will be provided via a table of field offices and telephone
numbers.
Authority for this system is found at 28 U.S.C. 534, and 44 U.S.C.
3101.
The records in this system have been compiled for the purpose of
identifying, apprehending, and prosecuting individuals connected in any
way with the manufacture, distribution, and use of illegal drugs. The
system, by promoting the enhanced sharing of drug intelligence, is
intended to facilitate enhanced cooperation between and among the FBI
and DEA and such other law enforcement agencies as may participate in
the drug law enforcement information sharing program it serves,
eliminate duplication of efforts, and enhance the safety of law
enforcement personnel who conduct these inherently dangerous
investigations.
System records or any pertinent information derived therefrom may
be disclosed (through electronic or other means in the case of
participating Federal law enforcement agencies, and through other, non-
electronic means as appropriate in other cases) to:
(1) Federal, state, local, and foreign law enforcement agencies,
and components thereof, to support their role in the detection and
monitoring of the distribution of illegal drugs in the United States or
such other roles in support of counterdrug law enforcement as may be
permitted by law; direct, electronic, ``read only'' access, by Federal
law enforcement agencies only, to the automated indices of this system
of records may enable these agencies to: (i) Identify FBI law
enforcement information or activities which may be relevant to their
law enforcement responsibilities and, where such information or
activities are identified, request access to information in FBI case
files relating to drug law enforcement, and (ii) ensure appropriate
coordination of such activities with the FBI;
(2) Federal, state, local, and foreign law enforcement agencies,
and components thereof, to the extent necessary to elicit information
pertinent to counterdrug law enforcement;
(3) Foreign law enforcement agencies with whom the FBI maintains
liaison, and agencies of the U.S. foreign intelligence community to
further the efforts of those agencies with respect to the national
security and foreign affairs aspects of international drug trafficking;
(4) Individuals and organizations in the course of investigations
to the extent necessary to elicit information pertinent to counterdrug
law enforcement;
(5) Any person, organization, or entity within the private or
public sector, domestic or foreign, to the extent necessary to prevent
an imminent or potential crime which could or does directly threaten
loss of life, serious injury, or serious loss of property;
(6) The news media and/or the public 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;
(7) 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 specific request of the individual who is the subject of the
record;
(8) National Archives and Records Administration and the General
Services Administration for records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906; and
(9) To a court or adjudicative body before which the FBI is
authorized to appear when any of the following is a party to litigation
or has an interest in litigation and such records are determined by the
FBI to be arguably necessary to the litigation: (i) The FBI, or any
subdivision thereof, or (ii) any employee of the FBI in his or her
official capacity, or (iii) any employee of the FBI in his or her
individual capacity where the DOJ has agreed to represent the
employees, or (iv) the United States, where the FBI determines that the
litigation is likely to affect it or any of its subdivisions.
Records described in this system are stored on a mainframe computer
at the DOJ Computer Center, and on back-up storage devices at FBI
Headquarters, which are accessible by the FBI.
Information in the automated indices will be retrieved by name or
other unique identifier. In addition to other Federal law enforcement
agencies (reference routine use above), the law enforcement components
of the DOJ may have direct, electronic, ``read only'' access (under
subsection (b)(1) of the Privacy Act) to this system. This data will
assist DOJ law enforcement components in identifying whether there may
be detailed records which reside in the case files of the FBI that may
be relevant to their law enforcement responsibilities. Where such
records are identified, DOJ law enforcement components may request
access to them.
Access is limited to designated agency employees with a need-to-
know. All records are stored in a secure area of a secure building. In
addition to controlled access to the building, the areas where records
are kept are either attended by responsible employees, guarded by
security personnel, and/or protected by electronic surveillance and/or
alarm systems, as appropriate. In addition, unauthorized access to the
automated indices is also prevented through state-of-the-art technology
such as encryption and user ID's and multiple passwords.
The automated indices in this system relate to case files which are
characterized as either permanent or temporary, governed by NARA
criteria in making such assessments. Depending on the nature of the
case files to which they relate, the automated indices in this system
will be retained permanently or disposed of in accordance with the FBI
Records Disposition Schedule developed jointly by NARA and the FBI and
approved by the United States District Court for the District of
Columbia, Washington, DC.
Director, Federal Bureau of Investigation, Washington, DC 20535.
Inquires should be addressed to: Federal Bureau of Investigation,
Freedom of Information/Privacy Acts Section, 9th Street and
Pennsylvania Avenue, NW., Washington, DC 20535
Same as above.
Same as above.
The data maintained in the automated indices in this system is
derived from information in FBI drug law enforcement related case
files, which are not part of this system.
The Attorney General has exempted this system from subsections (c)
(3) and (4), (d), (e) (1), (2) and (3), (e)(4) (G) and (H), (e) (5) and
(8), (f) and (g) of the Privacy Act pursuant to 5 U.S.C. 552a (j)(2).
Rules have been promulgated in accordance with the requirements of 5
U.S.C. 553 (b), (c) and (e) and have been published in the Federal
Register.
[FR Doc. 94-14011 Filed 6-8-94; 8:45 am]
BILLING CODE 4410-02