59 FR 29824

59 FR 29824 / 06-09-94

System Name: FBI Counterdrug Information Indices System (CIIS)

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).

System Location: The Department of Justice (DOJ) Computer Center, Rockville, Maryland, and at FBI Headquarters, Washington, D.C.

Categories of Individuals Covered by the System: 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.

Categories of Records in the System: 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 Maintenance of the System: Authority for this system is found at 28 U.S.C. 534, and 44 U.S.C. 3101.

Purpose: 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.

Routines Uses of Records Maintained in the System, Including Categories of Users and the Purposes of Such Uses: 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.

Polices and Practices for Storing, Retrieving, Accessing, Retaining, Disposing of Records in the System:
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.

Retention and Disposal:
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.

System Manager(s) and Address: Director, Federal Bureau of Investigation, Washington, DC 20535.

Notification Procedure: Inquires should be addressed to: Federal Bureau of Investigation, Freedom of Information/Privacy Acts Section, 9th Street and Pennsylvania Avenue, NW., Washington, DC 20535.

Record Access Procedures: Same as above.

Contesting Records Procedures: Same as above.

Record Source Categories: 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.

Systems Exempted from Certain Provisions of the Act: 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.

Dated: June 3, 1994