Privacy Act of 1974; System of Records

Issuing agencies

Abstract

Pursuant to the Privacy Act of 1974, and Office of Management and Budget (OMB) Circular No. A-108, notice is hereby given that the Drug Enforcement Administration (DEA), a component of the United States Department of Justice (Department or DOJ), proposes to modify and republish a system of records notice titled "JUSTICE/DEA-021, DEA Aviation Unit Reporting System," 65 FR 24986, to be retitled "DEA Aviation Division Reporting System", which is the repository of reporting records held by DEA's Aviation Division. DEA proposes to update the categories of individuals covered by the system, as well as record categories, purpose of the system, routine uses of records maintained in the system and policies and practices for storing, retrieving, retaining, and disposing of records in the system.

Full Text

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<title>Federal Register, Volume 91 Issue 193 (Wednesday, October 7, 2026)</title>
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[Federal Register Volume 91, Number 193 (Wednesday, October 7, 2026)]
[Notices]
[Pages 64179-64182]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20531]


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DEPARTMENT OF JUSTICE

[CPCLO Order No. 010-2026]


Privacy Act of 1974; System of Records

AGENCY: Drug Enforcement Administration, United States Department of 
Justice.

ACTION: Notice of a modified system of records.

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SUMMARY: Pursuant to the Privacy Act of 1974, and Office of Management 
and Budget (OMB) Circular No. A-108, notice is hereby given that the 
Drug Enforcement Administration (DEA), a component of the United States 
Department of Justice (Department or DOJ), proposes to modify and 
republish a system of records notice titled ``JUSTICE/DEA-021, DEA 
Aviation Unit Reporting System,'' 65 FR 24986, to be retitled ``DEA 
Aviation Division Reporting System'', which is the repository of 
reporting records held by DEA's Aviation Division. DEA proposes to 
update the categories of individuals covered by the system, as well as 
record categories, purpose of the system, routine uses of records 
maintained in the system and policies and practices for storing, 
retrieving, retaining, and disposing of records in the system.

DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this notice is 
effective upon publication, subject to a 30-day period in which the 
public may comment on the routine uses described below. Therefore, 
please submit any comments by November 5, 2026.

ADDRESSES: The public, Office of Management and Budget, and Congress 
are invited to submit any comments online via the Federal e-Rulemaking 
Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a> and following the instructions for 
submitting comments; by mail to the United States Department of 
Justice, ATTN: Privacy Analyst, Office of Privacy and Civil Liberties, 
Two Constitution Square (2CON), 145 N Street NE, Suite 8W.300, 
Washington, DC 20530, by facsimile at 202-307-0693, or by email at 
<a href="/cdn-cgi/l/email-protection#7606041f0017150f5815191b061a1f1718151336030512191c58111900"><span class="__cf_email__" data-cfemail="89f9fbe0ffe8eaf0a7eae6e4f9e5e0e8e7eaecc9fcfaede6e3a7eee6ff">[email&#160;protected]</span></a>. To ensure proper handling, please 
reference the above CPCLO Order No. on your correspondence.

FOR FURTHER INFORMATION CONTACT: David Makoto Hudson, Attorney, Drug 
Enforcement Administration, Office of Chief Counsel, Strategic Programs 
Section, 8701 Morrissette Drive, Springfield, VA 22152.

SUPPLEMENTARY INFORMATION: DEA is proposing to modify this system to 
update the categories of individuals covered by the system. More 
specifically, the modification will reflect that the categories of 
individuals covered by the system include DEA employees and contractors 
and not just DEA pilots, as well as vendors, detainees, inmates, non-
DEA law enforcement personnel, and other federal government employees 
and contractors. Additional changes are being made to this Notice to 
provide greater clarity about the information contained in the 
Inspection Division Records and the types of information that can be 
retrieved. The DEA also proposes to update, add to, and/or clarify the 
system location, the categories of individuals covered by the system; 
the record categories in the system; the record source categories; the 
purpose of the system; the system's routine uses; policies and 
practices for storing, retrieving, retaining, and disposing of records 
in the system; the record access procedures; and procedures to contest 
the accuracy of records in the system. The purpose of this modification 
is to update the language to better reflect the modernization of 
applications in DEA's information system related to controlled 
substance transaction reporting and to more accurately describe the 
breadth of the records contained therein. Finally, the modification 
will bring the SORN

[[Page 64180]]

into compliance with current legal requirements.
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and Congress on this notice of a modified system of 
records.

    Dated: October 1, 2026.
Laurence E. Rothenberg,
Chief Privacy and Civil Liberties Officer, United States Department of 
Justice.
JUSTICE/DEA-021

SYSTEM NAME AND NUMBER:
    DEA Aviation Division Reporting System; Justice/DEA-021.

SECURITY CLASSIFICATION:
    The system is unclassified.

SYSTEM LOCATION:
    Records will be maintained primarily electronically at one or more 
of the Department of Justice-authorized cloud service providers Amazon 
Web Services or Microsoft Azure Cloud on servers located in protected 
sites within the Continental United States, as well as at Federal 
Records Centers. Any manual, hard copy records will be maintained in 
DEA facilities at 2300 Horizon Drive, Fort Worth, TX 76177. Access to 
electronic records may occur at any location at which the DEA operates, 
where DEA operations are supported, including DEA Headquarters, 700 
Army-Navy Drive, Arlington, VA 22202, and through computer systems at 
all DEA field offices and DEA aviation facilities, and may include 
foreign locations. See <a href="http://www.dea.gov">www.dea.gov</a> for a listing of DEA office 
locations.
    Some or all the information in the system may be duplicated at 
other locations where the Department has granted direct access to 
support DOJ Cybersecurity Services Staff (CSS) operations, system 
backup, emergency preparedness, and/or continuity of operations. To 
determine the location of a particular record maintained in this system 
of records, contact the system manager, whose contact information is 
listed in the ``SYSTEM MANAGER(S)'' paragraph, below.

SYSTEM MANAGER(S):
    DEA Aviation Division Special Agent-In-Charge, 2300 Horizon Drive, 
Fort Worth, TX 76177.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Comprehensive Drug Abuse Prevention and Control Act of 1970 
(Controlled Substances Act) (Pub. L. 91-513, as amended; 21 U.S.C. 01, 
et seq.) and its attendant regulations (21 CFR 1300, et seq.), the 
Omnibus Crime Control and Safe Streets Act, (Pub. L. 90-351, as 
amended), the obligations of the United Nations Single Convention on 
Narcotic Drugs (18 U.S.C. 1407) and Reorganization Plan No. 1 of 1968 
as authorized by 5 U.S.C. 903, provide DEA with the specific legal 
authority to enforce the controlled substances laws and regulations of 
the United States, as well as establish and maintain this system in 
furtherance thereof. Authority to establish and maintain this system is 
also contained in 5 U.S.C. 301-302 and 44 U.S.C. 3101, which authorize 
the Attorney General to create and maintain federal records of agency 
activities, and 31 U.S.C 1343 authorizing acquisition and maintenance 
of aircraft. See also, 14 CFR parts 21, 23, 25, 27, 29, 33, 35, 39 43, 
45, 47, 65, 91, 107, 133 and 145; and 41 CFR 102--33.50 (acquisition of 
aircraft).

PURPOSE(S) OF THE SYSTEM:
    Records in this system are used to monitor the acquisition, 
utilization, and maintenance of DEA aircraft; to monitor the 
qualifications and training of DEA pilots in furtherance of DEA 
enforcement operations conducted pursuant to the Comprehensive Drug 
Abuse Prevention and Control Act of 1970 (Pub. L. 91-513); for 
scheduling of flights and the aircraft used; for the maintenance of 
lists of passengers; and to log the use of, and identity of visual 
observers for, small, unmanned aircraft systems.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    1. DEA employees, detailees, and contractors (including pilots and 
unmanned aircraft operators and observers), including as administrators 
or system users accessing the system in connection with audit log 
information.
    2. Other non-DEA federal law enforcement personnel and contractors 
aboard or scheduled to depart on DEA aircraft.
    3. Vendors servicing DEA aircraft.
    4. Detainees aboard or scheduled to depart on DEA aircraft.
    5. Inmates aboard or scheduled to depart on DEA aircraft.
    6. Non-federal law enforcement personnel aboard or scheduled to 
depart on DEA aircraft; and
    7. Other federal government employees and contractors either 
servicing, riding onboard, or using a DEA aircraft.

CATEGORIES OF RECORDS IN THE SYSTEM:
    1. Records relating to the operation and maintenance of DEA 
aircraft.
    2. Records relating to DEA pilot qualifications and training.
    3. Records relating to flight scheduling, including aircraft used 
by DEA.
    4. Records relating to passengers aboard scheduled DEA flights of 
manned aircraft.
    5. Records relating to the use and identities of visual observers 
if small, unmanned aircraft systems are deployed by DEA.
    6. Acquisition, inventory and accounting records.
    7. Audit log information of system users or administrators 
accessing the system.

RECORD SOURCE CATEGORIES:
    Whenever possible, the sources of information in these records will 
be collected from the DEA employees, vendors, or contractors with 
direct knowledge of the information entered and/or individuals about 
whom the information pertains. Records will also be collected from 
within DEA information systems (via electronic data transfer or manual 
input depending on source), other DOJ components and any outside 
entities when necessary and relevant.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    All or a portion of a relevant record or records or any relevant 
facts derived therefrom may be disclosed as a routine use pursuant to 5 
U.S.C. 552a(b)(3) under the circumstances or for the purposes described 
below, to the extent such disclosures are compatible with the purposes 
for which the information was collected and when it has been determined 
by DEA or Department of Justice that such a need exists:
    (a) To the Federal Aviation Administration for purposes of aircraft 
documentation and pilot certification.
    (b) To the United States military departments and defense agencies 
for communication purposes.
    (c) To the United States Coast Guard for communication purposes.
    (d) To the communications relay services under contract with DEA 
for communications purposes.
    (e) To appropriate federal, state, local, tribal and foreign law 
enforcement agencies or other relevant entities charged with the 
investigation and prosecution of illegal activities or regulatory 
enforcement or implementation responsibilities, where a record either 
alone or in conjunction with other information indicates a potential 
violation of law--whether criminal, civil or regulatory in nature; in 
order to facilitate official actions;
    (f) To any person or entity that DEA has reason to believe 
possesses information regarding a matter within the jurisdiction of 
DEA, to the extent

[[Page 64181]]

deemed to be necessary by DEA in order to elicit such information or 
cooperation from the recipient for use in the performance of an 
authorized law enforcement activity.
    (g) To any person, organization, or governmental entity in order to 
notify them of a serious terrorist threat; or where there is reason to 
believe the recipient is or could become the target of a particular 
criminal activity, conspiracy, or other threat, to the extent the 
information is relevant to the protection of life, health, or property, 
for the purpose of guarding against or responding to such a threat.
    (h) To complainants and/or victims to the extent necessary to 
provide them 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.
    (i) 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, in accordance with requests made under the 
proper administrative procedures.
    (j) To a court, grand jury, or administrative or adjudicative body 
in any appropriate proceeding where DEA or the Department of Justice 
determines 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 the news media and 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.
    (l) 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.
    (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 appropriate officials and employees of a Federal agency or 
entity which 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.
    (o) To a former employee of the Department of Justice for purposes 
of responding to an official inquiry by a Federal, state, or local 
government entity or professional licensing authority in accordance 
with applicable 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.
    (p) 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.
    (q) 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.
    (r) To the National Archives and Records Administration (NARA) for 
purposes of management inspections conducted under the authority of 44 
U.S.C. 2904 and 2906.
    (s) To appropriate agencies, entities, and persons when (1) the DEA 
or Department of Justice suspects or has confirmed that there has been 
a breach of the system of records; (2) the DEA or Department has 
determined that as a result of the suspected or confirmed breach there 
is a risk of harm to individuals, the DEA, the Department of Justice 
(including its information systems, programs, and operations), the 
Federal Government, or national security; and (3) the disclosure made 
to such agencies, entities, and persons is reasonably necessary to 
assist in connection with the DEA or Department of Justice efforts to 
respond to the suspected or confirmed breach or to prevent, minimize, 
or remedy such harm.
    (t) To another Federal agency or Federal entity, when the DEA or 
Department of Justice determines that information from this system of 
records is reasonably necessary to assist the recipient agency or 
entity in (1) responding to a suspected or confirmed breach or (2) 
preventing, minimizing, or remedying the risk of harm to individuals, 
the recipient agency or entity (including its information systems, 
programs, and operations), the Federal Government, or national 
security, resulting from a suspected or confirmed breach.
    (u) To any agency, organization, or individual such as the 
Government Accountability Office, the Department's Office of the 
Inspector General, or the Office of Special Counsel for the purpose of 
performing authorized audit or oversight operations of DEA including 
those related to fraud, waste, and abuse, and meeting related reporting 
requirements.
    (v) To appropriate officials and employees of a federal agency for 
which the Department is authorized to provide a service, when disclosed 
in accordance with an interagency agreement and when necessary to 
accomplish an agency function articulated in the interagency agreement 
compatible with the purposes for which the information was collected.
    (w) To the U.S. Department of the Treasury when disclosure of the 
information is relevant to review payment and award eligibility through 
the Do Not Pay Working System for the purposes of identifying, 
preventing, or recouping improper payments to an applicant for, or 
recipient of, Federal funds, including funds disbursed by a state 
(meaning a state of the United States, the District of Columbia, a 
territory or possession of the United States, or a federally recognized 
Indian tribe) in a state-administered, federally funded program.
    (x) To such recipients and under such circumstances and procedures 
as are mandated by Federal statute or treaty.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records in this system are maintained electronically, stored 
securely in government cloud servers or in government record centers in 
accordance with applicable executive orders, statutes, and agency 
implementing recommendations. Users of individual computers can only 
gain access to the data by a valid user identification and password. 
The system is protected by both physical security methods and 
dissemination and access controls. In addition, manual records 
concerning maintenance and training are kept at the DEA Aviation 
Division's secure facility.

[[Page 64182]]

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records within this system may be retrieved by authorized DEA 
personnel for official purposes with a need to know and role-based 
system access ability. Records generally are retrieved by reference to 
any data category in the records, including an individual's name, other 
personal identifier, or the tail number of the aircraft in question.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Electronic records in this system will be retained and disposed of 
in accordance with the appropriate records schedules approved by the 
National Archives and Records Administration (NARA) for the constituent 
source systems of records, including but not limited to, NARA retention 
schedule 1180-01-10 (N1-170-94-1) Aircraft Maintenance Files (files of 
DEA aircraft mission reports, aircraft maintenance references, aircraft 
history, airframe log book, engine and propeller history, aircraft 
service, aircraft status, and aircraft maintenance management files), 
which provides different retentions period for different kinds of 
aviation-related records. DEA usually retains maintenance and service 
records for at least the lifespan that an aircraft is with the Aviation 
Division.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Information in this system is electronic with some paper record 
copies maintained in accordance with applicable laws, rules, and 
policies on protecting individual privacy. The system is protected by 
physical security methods, administrative processes, and electronic 
means, including dissemination and access controls. Servers owned by 
Department-authorized cloud service providers Amazon Web Services and 
Microsoft Azure Cloud are in protected locations within the Continental 
United States. Any paper records or working copies are safeguarded in 
locked rooms with access limited to authorized agency personnel. 
Internet connections are protected by multiple firewalls. Security 
personnel conduct periodic vulnerability scans using DOJ-approved 
software to ensure security compliance and security logs are enabled 
for all computers to assist in troubleshooting and forensics analysis 
during incident investigations. Users of individual computers can only 
gain access to the data by a valid user identification and password and 
multifactor authentication. Paper records are maintained in 
specifically designated locations for the use of Aviation Division 
personnel, with access normally limited to such staff or other staff 
accompanied by aviation personnel.

RECORD ACCESS PROCEDURES:
    All requests for access to records from this system may be 
submitted electronically by visiting the DEA FOIA Public Access Link 
Portal: <a href="https://ifa.dea.gov/foia/">https://ifa.dea.gov/foia/</a>, or in writing via letter in 
accordance with 28 CFR part 16. If submitted via letter the request 
should be addressed to: Drug Enforcement Administration, Attn: Freedom 
of Information and Privacy Act Section, 8701 Morrissette Drive, 
Springfield, Virginia 22152, or to the System Manager listed above. The 
envelope and letter should be clearly marked `Privacy Access Request.' 
The request must include a general description of the records the 
records sought with sufficient detail to enable Department personnel to 
locate them with a reasonable amount of effort. The request must also 
include the requester's full name, current address, and date and place 
of birth. A written request via letter must be signed and either 
notarized or submitted under penalty of perjury and dated. Some 
information may be exempt from disclosure. 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. Although no 
specific form is required, forms may be obtained for this purpose from 
the FOIA/Privacy Act Mail Referral Unit, United States Department of 
Justice, 950 Pennsylvania Avenue NW, Washington, DC 20530; or on the 
Department of Justice website at <a href="https://www.justice.gov/oip/oip-request.html">https://www.justice.gov/oip/oip-request.html</a>; or you may obtain a DEA-specific form (DEA-382 FOIA/PA 
Request Letter) to make a `Privacy Access Request' from the Privacy Act 
page of the FOIA section of the <a href="http://DEA.gov">DEA.gov</a>website at <a href="https://www.dea.gov/foia/foia-privacy-act">https://www.dea.gov/foia/foia-privacy-act</a>.
    More information regarding the Department's procedures for 
accessing records in accordance with the Privacy Act can be found at 28 
CFR part 16 Subpart D, ``Protection of Privacy and Access to Individual 
Records Under the Privacy Act of 1974.''

CONTESTING RECORD PROCEDURES:
    Individuals seeking to contest or amend information maintained in 
the system may submit the requests by email, in hard copy, or through 
DEA's online portal Public Access Link (PAL) and in accordance with the 
procedures described at <a href="https://www.dea.gov/foia/foia-privacy-act">https://www.dea.gov/foia/foia-privacy-act</a>. For 
any requests to contest or amend records submitted in writing via 
letter, the envelope and letter should be clearly marked, ``Privacy Act 
Amendment Request,'' and be addressed to: Drug Enforcement 
Administration, Attn: Freedom of Information and Privacy Act Section, 
8701 Morrissette Drive, Springfield, Virginia 22152. All requests must 
state clearly and concisely what record or information is being 
contested, the reasons for contesting it, and the proposed amendment to 
the information sought. A determination whether a record may be amended 
will be made at the time a request is received.
    More information regarding the Department's procedures for amending 
or contesting records in accordance with the Privacy Act can be found 
at 28 CFR 16.46, ``Requests for Amendment or Correction of Records.''

NOTIFICATION PROCEDURES:
    Individuals may be notified if a record in this system of records 
pertains to them when the individuals request information utilizing the 
same procedures as those identified in the ``RECORD ACCESS PROCEDURES'' 
paragraph above. Inquiries should be addressed to: Drug Enforcement 
Administration, Attn: Freedom of Information and Privacy Act Section, 
8701 Morrissette Drive, Springfield, Virginia 22152, or an electronic 
request may be filed at the DEA FOIA Public Access Link Portal: <a href="https://ifa.dea.gov/foia/">https://ifa.dea.gov/foia/</a>.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    This is a revision of the SORN DEA-021, ``DEA Aviation Unit 
Reporting System,'' 65 FR 24986 (April 28, 2000) (last published in 
full), as amended by: 66 FR 8425 (Jan. 31, 2011); 82 FR 24147 (May 25, 
2017).

[FR Doc. 2026-20531 Filed 10-6-26; 8:45 am]
BILLING CODE 4410-09-P


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