<?xml version="1.0" encoding="UTF-8"?>

<pai>
<agency toc="yes">
<name>Department of Justice</name>
<abbrev>
JUSTICE

</abbrev>

    
       
<previouslyPublished>
<url>https://www.gpo.gov/fdsys/pkg/FR-2016-05-05/pdf/2016-10120.pdf</url>
<title>JUSTICE/FBI-09, The Next Generation Identification (NGI) System
</title>
<date year="2016" month="5" day="05"/>
</previouslyPublished>

  

    <previouslyPublished>
        <url>https://www.gpo.gov/fdsys/pkg/FR-2016-07-14/pdf/2016-16670.pdf</url>
        <title>United States Victims of State Sponsored Terrorism Fund (USVSSTF) File System
        </title>
        <date year="2016" month="7" day="14"/>
    </previouslyPublished>

    <previouslyPublished>
        <url> https://www.gpo.gov/fdsys/pkg/FR-2016-09-19/pdf/2016-22410.pdf</url>
        <title>JUSTICE/FBI-023, FBI Insider Threat Program Records (ITPR) </title>
        <date year="2016" month="9" day="19"/>
    </previouslyPublished>

    <previouslyPublished>
        <url>https://www.gpo.gov/fdsys/pkg/FR-2017-05-05/pdf/2017-09157.pdf</url>
        <title>
            Claims Arising under the Guam World War II Loyalty Recognition Act, JUSTICE/FCSC-32.
        </title>
        <date year="2017" month="5" day="5"/>
    </previouslyPublished>


    <previouslyPublished>
        <url>https://www.gpo.gov/fdsys/pkg/FR-2017-05-25/pdf/2017-10781.pdf</url>
        <title>Revises the breach routine use for the DOJ systems of records.
        </title>
        <date year="2017" month="5" day="25"/>
    </previouslyPublished>

    <previouslyPublished>
        <url>https://www.gpo.gov/fdsys/pkg/FR-2017-05-25/pdf/2017-10780.pdf</url>
        <title>
            The routine use published at 72 FR 3410 is rescinded.
        </title>
        <date year="2017" month="5" day="25"/>
    </previouslyPublished>
   
    <previouslyPublished>
        <url> https://www.gpo.gov/fdsys/pkg/FR-2017-05-31/pdf/2017-10783.pdf</url>
        <title>JUSTICE/FBI-023, FBI Insider Threat Program Records (ITPR); Rescinded</title>
        <date year="2017" month="5" day="31"/>
    </previouslyPublished>
    
    
    <previouslyPublished>
        <url>https://www.gpo.gov/fdsys/pkg/FR-2017-06-05/pdf/2017-11445.pdf</url>
        <title>DOJ Insider Threat Program Records (ITPR), JUSTICE/DOJ-018.
        </title>
        <date year="2017" month="6" day="5"/>
    </previouslyPublished>

    <previouslyPublished>
        <url>https://www.gpo.gov/fdsys/pkg/FR-2017-06-19/pdf/2017-12703.pdf</url>
        <title>
            DOJ Insider Threat Program Records (ITPR), JUSTICE/DOJ-018.
        </title>
        <date year="2017" month="6" day="19"/>
    </previouslyPublished>

    <previouslyPublished>
        <url>https://www.gpo.gov/fdsys/pkg/FR-2017-06-23/pdf/2017-13094.pdf</url>
        <title>
           Claims Arising under the Guam World War II Loyalty Recognition Act, JUSTICE/FCSC-32.
        </title>
        <date year="2017" month="6" day="23"/>
    </previouslyPublished>

    <previouslyPublished>
        <url>https://www.gpo.gov/fdsys/pkg/FR-2017-08-23/pdf/2017-17785.pdf</url>
        <title>
            Department of Justice Library Circulation System, JUSTICE/DOJ-019.
        </title>
        <date year="2017" month="8" day="23"/>
    </previouslyPublished>

    <previouslyPublished>
        <url>https://www.gpo.gov/fdsys/pkg/FR-2017-09-25/pdf/2017-20352.pdf</url>
        <title>
            Regulatory Enforcement Record System, JUSTICE/ATF–008.
        </title>
        <date year="2017" month="9" day="25"/>
    </previouslyPublished>
    
    

    <routineUses id="routine" toc="yes">
<xhtmlContent>
<p><b>Statement of Routine Uses for All Systems of Records
</b></p>
<p><i>Routine Uses of Records Maintained in the System, Including Categories of Users and the
Purposes of Such Uses:
</i></p>
    <p>To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.</p>
    <p>To another Federal agency or Federal entity, when the Department 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.</p>
    <p>To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.</p>
    <p>To another Federal agency or Federal entity, when the Department 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.</p>


    <p><b>Blanket Routine Uses (BRU) Applicable to More Than One FBI Privacy Act System of Records.
</b></p><p><i>APPLICABILITY:
</i></p><p>The following routine uses describe those types of disclosures which are common to more than one
FBI Privacy Act system of records and which the FBI is establishing as "blanket"  routine uses.
Unless this or other published notice expressly provides otherwise, these blanket routine uses shall
apply, without need of further implementation, to every existing FBI Privacy Act system of records
and to all FBI systems of records created or modified hereafter. These blanket routine uses
supplement but do not replace any routine uses that are separately published in the notices of
individual record systems to which the blanket routine uses apply.
</p><p>System records may be disclosed to the following persons or entities under the circumstances
or for the purposes described below, to the extent such disclosures are compatible with the purpose
for which the information was collected. (These routine uses are not meant to be mutually exclusive
and may overlap in some cases.)
</p><p>BRU-1. Violations of Law, Regulation, Rule, Order, or Contract. If any system record, on
its face or in conjunction with other information, indicates a violation or potential violation of
law (whether civil or criminal), regulation, rule, order, or contract, the pertinent record may be
disclosed to the appropriate entity (whether federal, state, local, joint, tribal, foreign, or
international), that is charged with the responsibility of investigating, prosecuting, and/or
enforcing such law, regulation, rule, order, or contract.
</p><p>BRU-2. Non-FBI Employees. To contractors, grantees, experts, consultants, students, or
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.
</p><p>BRU-3. Appropriate Disclosures to the Public. To the news media or members of the general
public in furtherance of a legitimate law enforcement or public safety function as determined by the
FBI, e.g., to assist in locating fugitives; to provide notifications of arrests; to provide alerts,
assessments, or similar information on potential threats to life, health, or property; or to keep
the public appropriately informed of other law enforcement or FBI matters or other matters of
legitimate public interest where disclosure could not reasonably be expected to constitute an
unwarranted invasion of personal privacy. (The availability of information in pending criminal or
civil cases will be governed by the provisions of 28 CFR 50.2.)
</p><p>BRU-4. Courts or Adjudicative Bodies. To a court or adjudicative body, in matters in which
(a) the FBI or any FBI employee in his or her official capacity, (b) any FBI employee in his or her
individual capacity where the Department of Justice has agreed to represent the employee, or (c) the
United States, is or could be a party to the litigation, is likely to be affected by the litigation,
or has an official interest in the litigation, and disclosure of system records has been determined
by the FBI to be arguably relevant to the litigation. Similar disclosures may be made in analogous
situations related to assistance provided to the Federal Government by non-FBI employees (see BRU
-2).
</p><p>BRU-5. Parties. To an actual or potential party or his or her attorney for the purpose of
negotiating or discussing such matters as settlement of the case or matter, or informal discovery
proceedings, in matters in which the FBI has an official interest and in which the FBI determines
records in the system to be arguably relevant.
</p><p>BRU-6. As Mandated by Law. To such recipients and under such circumstances and procedures
as are mandated by Federal statute or treaty.
</p><p>BRU-7. Members of Congress. To a Member of Congress or a person on his or her staff acting
on the Member’s behalf when the request is made on behalf and at the request of the individual who
is the subject of the record.
</p><p>BRU-8. National Archives and Records Administration (NARA) Records Management. To the
National Archives and Records Administration (NARA) for records management inspections and such
other purposes conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>BRU-9. Auditors. To any agency, organization, or individual for the purposes of performing
authorized audit or oversight operations of the FBI and meeting related reporting requirements.
</p><p>BRU-10. Former Employees. The DOJ may disclose relevant and necessary information 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. (Such disclosures will be effected under procedures established in title 28, Code
of Federal Regulations, sections 16.300-301 and DOJ Order 2710.8C, including any future
revisions.)
</p><p>BRU-11. The White House. To the White House (the President, Vice President, their staffs,
and other entities of the Executive Office of the President (EOP)), and, during Presidential
transitions, the President-Elect and Vice-President Elect and their designees for appointment,
employment, security, and access purposes compatible with the purposes for which the records were
collected by the FBI, e.g., disclosure of information to assist the White House in making a
determination whether an individual should be: (1) granted, denied, or permitted to continue in
employment on the White House Staff; (2) given a Presidential appointment or Presidential
recognition; (3) provided access, or continued access, to classified or sensitive information; or
(4) permitted access, or continued access, to personnel or facilities of the White House/EOP
complex. System records may be disclosed also to the White House and, during Presidential
transitions, to the President Elect and Vice-President Elect and their designees, for Executive
Branch coordination of activities which 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.
</p><p>BRU-12. Complainants and Victims. To complainants and/or victims to the extent deemed
appropriate by the FBI to provide such persons with information and explanations concerning the
progress and/or results of the investigations or cases arising from the matters of which they
complained and/or of which they were victims.
</p><p>BRU-13. 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.
</p><p>BRU-14. To federal, state, local, tribal, foreign, or international licensing agencies or
associations which require information concerning the suitability or eligibility of an individual
for a license or permit.
</p><p>BRU-15. To designated officers and employees of state, local (including the District of
Columbia), 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.
</p><p>FBI RECORDS SYSTEMS TO WHICH THESE BLANKET ROUTINE USES DO NOT APPLY:
</p><p>These blanket routine uses shall not apply to the following FBI Privacy Act systems of records
(to which shall apply only those routine uses established in the records system notice for the
particular system):
</p><p>JUSTICE/FBI-001, National Crime Information Center (NCIC).
</p><p>JUSTICE/FBI-002, The FBI Central Records System.
</p><p>JUSTICE/FBI-003, Bureau Mailing Lists.
</p><p>JUSTICE/FBI-006, Electronic Surveillance (ELSUR) Indices.
</p><p>JUSTICE/FBI-007, FBI Automated Payroll System.
</p><p>JUSTICE/FBI-008, Bureau Personnel Management System (BPMS).
</p><p>JUSTICE/FBI-009, Fingerprint Identification Records System (FIRS).
</p><p>JUSTICE/FBI-010, Employee Travel Vouchers and Individual Earning Records.
</p><p>JUSTICE/FBI-011, Employee Health Records.
</p><p>JUSTICE/FBI-012, Time Utilization Record/Keeping (TURK) System.
</p><p>JUSTICE/FBI-013, Security Access Control System (SACS).
</p><p>JUSTICE/FBI-014, FBI Alcoholism Program.
</p><p>JUSTICE/FBI-015, National Center for the Analysis of Violent Crime (NCAVC).
</p><p>JUSTICE/FBI-016, FBI Counterdrug Information Indices System (CIIS).
</p><p>JUSTICE/FBI-017, National DNA Index System (NDIS).
</p><p>JUSTICE/FBI-018, National Instant Criminal Background Check System (NICS).
</p><p>JUSTICE/FBI-019, Terrorist Screening Records System.
</p>
	<p><b>Appendix of Field Divisions for the Federal Bureau of Investigation</b></p>
<p>Field Office:
</p><p>
</p><p>502 U.S. Post Office &amp; Court House
</p><p>Albany, New York 12207
</p><p>
</p><p>4303 Federal Office Building
</p><p>Albuquerque, New Mexico 87101
</p><p>
</p><p>Room 500, 300 North Lee Street
</p><p>Alexandria, Virginia 22314
</p><p>
</p><p>Room 238, Federal Building
</p><p>Anchorage, Alaska 99510
</p><p>
</p><p>275 Peachtree Street, NE
</p><p>Atlanta, Georgia 30303
</p><p>
</p><p>7142 Ambassador Road
</p><p>Baltimore, Maryland 21207
</p><p>
</p><p>Room 1400 - 2121 Building
</p><p>Birmingham, Alabama 35203
</p><p>
</p><p>John F. Kennedy Federal Office Building
</p><p>Boston, Massachusetts 02203
</p><p>
</p><p>Room 1400 - 111 West Huron Street
</p><p>Buffalo, New York 14202
</p><p>
</p><p>115 U.S. Court House and Federal Building
</p><p>Butte, Montana 59701
</p><p>
</p><p>1120 Jefferson Standard Life Building
</p><p>Charlotte, North Carolina 28202
</p><p>
</p><p>Room 905, Everett McKinley Dirksen Building
</p><p>Chicago, Illinois 60604
</p><p>
</p><p>415 U.S. Post Office &amp; Court House Building
</p><p>Cincinnati, Ohio 45202
</p><p>
</p><p>3005 Federal Office Building
</p><p>Cleveland, Ohio 44199
</p><p>
</p><p>1529 Hampton Street
</p><p>Columbia, South Carolina 29201
</p><p>
</p><p>Room 200, 1810 Commerce Street
</p><p>Dallas, Texas 75201
</p><p>
</p><p>Room 18218, Federal Office Building
</p><p>Denver, Colorado 80202
</p><p>
</p><p>Patrick V. McNamara Building
</p><p>477 Michigan Avenue
</p><p>Detroit, Michigan 48226
</p><p>
</p><p>202 U.S. Court House Building
</p><p>El Paso, Texas 79901
</p><p>
</p><p>Kalanianaole Federal Building
</p><p>Room 4307
</p><p>300 Ala Moana Boulevard
</p><p>Honolulu, Hawaii 96850
</p><p>
</p><p>6015 Federal Building and U.S. Court House
</p><p>Houston, Texas 77002
</p><p>
</p><p>575 North Pennsylvania St.
</p><p>Indianapolis, Indiana 46202
</p><p>
</p><p>800 Unifirst Federal Savings &amp; Loan Building
</p><p>Jackson, Mississippi 39205
</p><p>
</p><p>414 U.S. Court House &amp; Post Office Building
</p><p>Jacksonville, Florida 32202
</p><p>
</p><p>Room 300 - U.S. Courthouse
</p><p>Kansas City, Missouri 64106
</p><p>
</p><p>Room 800, 1111 Northshore Drive
</p><p>Knoxville, Tennessee 37919
</p><p>
</p><p>Room 2-011, Federal Office Building
</p><p>Las Vegas, Nevada 89101
</p><p>
</p><p>215 U.S. Post Office Building
</p><p>Little Rock, Arkansas 72201
</p><p>
</p><p>11000 Wilshire Boulevard
</p><p>Los Angeles, California 90024
</p><p>
</p><p>Room 502, Federal Building
</p><p>Louisville, Kentucky 40202
</p><p>
</p><p>841 Clifford Davis Federal Building
</p><p>Memphis, Tennessee 38103
</p><p>
</p><p>3801 Biscayne Boulevard
</p><p>Miami, Florida 33137
</p><p>
</p><p>Room 700, Federal Building and U.S. Court House
</p><p>Milwaukee, Wisconsin 53202
</p><p>
</p><p>392 Federal Building
</p><p>Minneapolis, Minnesota 55401
</p><p>
</p><p>520 Federal Building
</p><p>Mobile, Alabama 36602
</p><p>
</p><p>Gateway I, Market Street
</p><p>Newark, New Jersey 07101
</p><p>
</p><p>770 Chapel Building
</p><p>New Haven, Connecticut 06510
</p><p>
</p><p>701 Loyola Avenue
</p><p>New Orleans, Louisiana 70113
</p><p>
</p><p>201 East 69th Street
</p><p>New York, New York 10021
</p><p>
</p><p>Room 300, 870 Military Highway
</p><p>Norfolk, Virginia 23502
</p><p>
</p><p>50 Penn Place, N.W., 50th at Pennsylvania
</p><p>Oklahoma City, Oklahoma 73118
</p><p>
</p><p>1010 Federal Office Building
</p><p>Omaha, Nebraska 68102
</p><p>
</p><p>8th Floor, Federal Office Building
</p><p>600 Arch Street
</p><p>Philadelphia, Pennsylvania 19106
</p><p>
</p><p>2721 North Central Avenue
</p><p>Phoenix, Arizona 85004
</p><p>
</p><p>1300 Federal Office Building
</p><p>Pittsburgh, Pennsylvania 15222
</p><p>
</p><p>Crown Plaza Building
</p><p>Portland, Oregon 97201
</p><p>
</p><p>200 West Grace Street
</p><p>Richmond, Virginia 23220
</p><p>
</p><p>Federal Building
</p><p>2800 Cottage Way
</p><p>Sacramento, California 95825
</p><p>
</p><p>2704 Federal Building
</p><p>St. Louis, Missouri 63103
</p><p>
</p><p>3203 Federal Building
</p><p>Salt Lake City, Utah 84138
</p><p>
</p><p>433 Federal Building
</p><p>Box 1630
</p><p>San Antonio, Texas 78296
</p><p>
</p><p>Federal Office Building
</p><p>Room 6531
</p><p>88 Front Street
</p><p>San Diego, California 92188
</p><p>
</p><p>450 Golden Gate Avenue
</p><p>San Francisco, California 94102
</p><p>
</p><p>U.S. Courthouse and Federal Building
</p><p>Room 526
</p><p>Hato Rey, Puerto Rico 00918
</p><p>
</p><p>5401 Paulsen Street
</p><p>Savannah, Georgia 31405
</p><p>
</p><p>915 Second Avenue
</p><p>Seattle, Washington 98174
</p><p>
</p><p>535 West Jefferson Street
</p><p>Springfield, Illinois 62702
</p><p>
</p><p>Room 610, Federal Office Building
</p><p>Tampa, Florida 33602
</p><p>
</p><p>506 Old Post Office Building
</p><p>Washington, DC 20535
</p><p>
</p><p>Federal Bureau of Investigation Academy
</p><p>Quantico, Virginia 22135
</p><p>
</p><p>LEGAL ATTACHE (all c/o The American Embassy for the cities indicated):
</p><p>
</p><p>Bern, Switzerland
</p><p>
</p><p>Bonn, Germany (Box 310, APO, New York 09080)
</p><p>
</p><p>Buenos Aires, Argentina
</p><p>
</p><p>Caracas, Venezuela (APO, New York 09893)
</p><p>
</p><p>Hong Kong, B.C.C. (FPO, San Francisco 96659)
</p><p>
</p><p>London, England (Box 40, FPO, New York 09510)
</p><p>
</p><p>Madrid, Spain (APO, New York 09285)
</p><p>
</p><p>Manila, Philippines (APO, San Francisco 96528)
</p><p>
</p><p>Mexico City, Mexico
</p><p>
</p><p>Ottawa, Canada
</p><p>
</p><p>Paris, France (APO, New York 09777)
</p><p>
</p><p>Rome, Italy (APO, New York 09794)
</p><p>
</p><p>Tokyo, Japan (APO, San Francisco 96503)</p>
<p><b>INS Appendix: List of principal offices of the Immigration and Naturalization Service.</b>
</p><p>Headquarters:
</p><p>Immigration and Naturalization Service, 425 "I"  Street NW., Washington, DC 20536.
</p><p>Regional Offices:
</p><p>Eastern Regional Office, 70 Kimball Avenue, South Burlington, VT 05403-6813.
</p><p>Central Regional Office, 7701 North Stemmons Freeway, Dallas, TX 75247-9998.
</p><p>Western Regional Office, PO Box 30080, Laguna Niguel, CA 92607-0080.
</p><p>Administrative Centers:
</p><p>Eastern Administrative Center, 70 Kimball Avenue, South Burlington, VT 05403-6813.
</p><p>Southern Administrative Center, 1460 Prudential Drive, Dallas, TX 75235.
</p><p>Northern Administrative Center, Bishop Henry Whipple Federal Building, Room 480, One Federal
Drive, Fort Snelling, MN 55111-4007.
</p><p>Western Administrative Center, 24000 Avila Road, Laguna Niguel, CA 92677-8080.
</p><p>Border Patrol Academy:
</p><p>DOJ/INS (FLETC) Artesia, 1300 West Richey Avenue, Artesia, NM 88210.
</p><p>Officer Development and Training Facility, Building 64 FLETC, Glynco, GA 31524.
</p>
<p><b>DEA Appendix 1--List of record location addresses. </b></p>
	<p>Copies of all or part of any system
of records published by the Drug Enforcement Administration pursuant to 5 U.S.C. 552a may be
maintained at the DEA field offices listed below. However, procedures for processing inquiries
concerning DEA systems of records have been centralized in DEA Headquarters. Inquiries concerning
all DEA systems of records should be addressed to:
</p><p>Freedom of Information Section:
</p><p>Drug Enforcement Administration, 1405 Eye Street, NW, Washington, DC 20537.
</p><p>Drug Enforcement Administration Field Offices:
</p><p>Atlanta Division
</p><p>Atlanta Division Office, 75 Spring Street, SW, Room 740, Atlanta, Georgia 30303
</p><p>Charleston Resident Office, 334 Meeting Street, Room 325, Charleston, South Carolina 29403
</p><p>Columbia Resident Office, 1101 Laurel, PO Box 702, Room 204, Columbia, South Carolina 29202
</p><p>Columbus Resident Office, PO Box 1565, Columbus, Georgia 31902
</p><p>Greensboro Resident Office, 2300 W. Meadowview Road, Suite 224, Greensboro, North Carolina 27407
</p><p>Knoxville Resident Office, 1111 Northshore Drive, Room 610, Knoxville, Tennessee 37919
</p><p>Memphis Resident Office, 167 N. Main Street, 401 Federal Building, Memphis, Tennessee 38103
</p><p>Nashville Resident Office, 801 Broadway, A929, Estes Kefauver Building, FB-USCH, Nashville,
Tennessee 37203
</p><p>Savannah Resident Office, 124 Barnard Street, Room B-220, Savannah, Georgia 31401
</p><p>Wilmington Resident Office, 272 Front Street, Suite 423, Wilmington, North Carolina 28401
</p><p>Boston Division
</p><p>Boston Division Office, G-64 JFK Federal Building, Boston, Massachusetts 02203
</p><p>Bridgeport Resident Office, 915 Lafayette Boulevard, FB-USCH, Room 200, Bridgeport,
Connecticut 06604
</p><p>Burlington Resident Office, PO Box 327, Essex Junction, Vermont 05452
</p><p>Concord Resident Office, 55 Pleasant Street, Federal Building, PO Box 1314, Concord, New
Hampshire 03301
</p><p>Hartford Resident Office, 450 Main Street, Room 628, Hartford, Connecticut 06103
</p><p>Portland Resident Office, 1355 Congress Street, Suite D, Portland, Maine 04102
</p><p>Providence Resident Office, 232 John O. Pastore Federal Building, Exchange Terrace, Providence,
Rhode Island 02903
</p><p>Springfield Resident Office, 1550 Main Street, Room 408, Springfield, Massachusetts 01103
</p><p>Chicago Division
</p><p>Chicago Division Office, 219 Dearborn Street, Chicago, Illinois 60604
</p><p>Fargo Resident Office, PO Box 1127, Fargo, North Dakota 58107
</p><p>Hammond Resident Office, 507 State Street, Room 632, Hammond, Indiana 46320
</p><p>Indianapolis Resident Office, 575 N. Pennsylvania, Room 290, Indianapolis, Indiana 46204
</p><p>Milwaukee Resident Office, 517 E. Wisconsin, 228A FB-USCH, Milwaukee, Wisconsin 53202
</p><p>Minneapolis Resident Office, 110 S. 4th Street, 402 Federal Building, Minneapolis, Minnesota
55401
</p><p>Springfield Resident Office, 524 S. Second Street, Suite 650, Springfield, Illinois 62701
</p><p>Dallas Division
</p><p>Dallas Division Office, 1880 Regal Row, Dallas, Texas 75235
</p><p>Fort Worth Resident Office, 501 W. 10th Street, U.S. Courthouse, Room 506, Fort Worth, Texas
76102
</p><p>Oklahoma City Resident Office, 200 NW Fifth Street, Federal Building, Suite 960, Oklahoma City,
Oklahoma 73102-3202
</p><p>Tulas Resident Office, 333 W. Fourth Street, Room 3335, Tulsa, Oklahoma 74103
</p><p>El Paso Resident Office, 4110 Rio Bravo, Suite 100, El Paso, Texas 79902
</p><p>Alpine Resident Office, PO Box 1282, Alpine, Texas 79830
</p><p>Lubbock Resident Office, 2345 50th Street, Suite 120, Lubbock, Texas 79412
</p><p>Midland, Texas, Post of Duty, 200 E. Wall, Federal Building, Room 105, Midland, Texas 79701
</p><p>Tyler, Texas, Post of Duty, 3301 Golden Road No. 5, Tyler, Texas 75713
</p><p>Denver Division
</p><p>Denver Division Office, 316 US Customs House, PO Box 1860, Denver, Colorado 80201
</p><p>Cheyenne Resident Office, 2120 Capitol Avenue, 8020 Federal Center, Cheyenne, Wyoming 82001
</p><p>Salt Lake City Resident Office, 125 State Street, 8416 Federal Building, Salt Lake City, Utah
84138
</p><p>Albuquerque District Office, 5301 Central Avenue NE., 1st National Bank Building East, Suite 900,
Albuquerque, New Mexico 87108
</p><p>Glenwood Springs Resident Office, 401 23rd Street, Suite 104, Glenwood Springs, Colorado 81601
</p><p>Las Cruces Resident Office, PO Box 399, Las Cruces, New Mexico 88004
</p><p>Detroit Division
</p><p>Detroit Division Office, 231 W. Lafayette, 357 Federal Building, Detroit, Michigan 48226
</p><p>Cincinnati Resident Office, 505 Main Street, 7405 Federal Office Building, Cincinnati, Ohio 45202
</p><p>Cleveland Resident Office, 601 Rockwell Avenue, Room 300, Cleveland, Ohio 44114
</p><p>Grand Rapids Resident Office, 110 Michigan Avenue, NW, 310 FB-USCH, Grand Rapids, Michigan
49503
</p><p>Louisville Resident Office, 600 Federal Place, 1006 Federal Building, Louisville, Kentucky 40202
</p><p>Saginaw Resident Office, 100 S. Warren Street, Room 1061, Federal Building, Saginaw, Michigan
48606
</p><p>Houston Division
</p><p>Houston Division Office, 333 West Loop North, Houston, Texas 77024
</p><p>Corpus Christi Resident Office, 400 Mann Street, PO Box 2443, Suite 403, Corpus Christi, Texas
78403
</p><p>Galveston Resident Office, 6000 Broadway, Suite 104, Galveston, Texas 77550
</p><p>Beaumont, Texas, Post of Duty, 700 North Street, Suite 102, Beaumont, Texas 77701-1899
</p><p>McAllen District Office, 3017 S. 10th Street, McAllen, Texas 78503
</p><p>Brownsville, Resident Office, 1100 FM 802, Suite, 200, Brownsville, Texas 78521
</p><p>Laredo Resident Office, PO Box Drawer 2307, Laredo, Texas 78044
</p><p>San Antonio Resident Office, 1802 NE Loop 410, 1800 Central Building, 4th Floor, San Antonio,
Texas 78217
</p><p>Austin Resident Office, 55 N. Interregional Highway, PO Box 8, Austin, Texas 78767
</p><p>Eagle Pass Resident Office, 342 Rio Grande, Room 102, Eagle Pass, Texas 78852
</p><p>Los Angeles Division
</p><p>Los Angeles Division Office, 305 S. Figueroa Street, Los Angeles, California 90071
</p><p>Guam Resident Office, 238 O’Hara Street, Suite 502C, Agana, Guam 96910
</p><p>Honolulu Resident Office, 300 Ala Moana Boulevard, Room 3129, PO Box 50163, Honolulu, Hawaii
96850
</p><p>Las Vegas Resident Office, 300 Las Vegas Boulevard South, FB-USCH, Room 204, PO Box 16023,
Las Vegas, Nevada 89101-0023
</p><p>Reno Resident Office, 4600 Kietzke Lane, 209 Building I, Reno, Nevada 89502
</p><p>Riverside Resident Office, 3610 Central Avenue, Room 511, PO Box 2946, Riverside, California
92516
</p><p>Santa Ana Resident Office, 34 Civic Center Plaza, PO Box 12609, Santa Ana, California 92712
</p><p>Santa Barbara Resident Office, 6445 Calle Real, Suite C, Goleta, California 93117
</p><p>Miami Division
</p><p>Miami Division Office, 8400 NW 53rd Street, Miami, Florida 33166
</p><p>Ft. Lauderdale Resident Office, 299 E. Broward Boulevard, FB-USCH, Suite 404, Ft.
Lauderdale, Florida 33301
</p><p>Ft. Myers Resident Office, 2345 Union Street, Suite D, Ft. Myers, Florida 33902
</p><p>Gainsville Resident Office, 1717 NE 9th Street, Suite 134, PO Box 2918, Gainsville, Florida 32601
</p><p>Jacksonville Resident Office, 4077 Woodcock Drive, Suite 210, Jacksonville, Florida 32207
</p><p>Marathon Resident Office, 11400 Overseas Highway, PO Box 1269, Room 215, Marathon, Florida 33050
</p><p>Orlando Resident Office, 498 Palm Springs Plaza Drive, Suite 801, Altamonte Springs, Florida
32701
</p><p>Panama City Resident Office, 410 Jenks Avenue, PO Box 1486, Panama City, Florida 32402
</p><p>Tampa Resident Office, 700 Twiggs Street, Suite 400, Tampa, Florida 33602
</p><p>Tampa Task Force Airport Detail, 700 Twiggs Street, Suite 400, Tampa, Florida 33602
</p><p>West Palm Beach Resident Office, 701 Clematis Street, Room 223, West Palm Beach, Florida 33401
</p><p>San Juan District Office, 416 Ponce de Leon Avenue, Chase Building, Suite 514, Hato Rey, Puerto
Rico 00918
</p><p>Newark Division
</p><p>Newark Division Office, 970 Broad Street, Federal Office Building, Room 806, Newark, New
Jersey 07102
</p><p>Atlantic City Resident Office, PO Box AB, Northfield, New Jersey 08225
</p><p>Camden, New Jersey Resident Office, c/oDEA, PO Box 428, Bellmawr, New Jersey 08031
</p><p>New Orleans Division
</p><p>1661 Canal Street, Suite 2200, New Orleans, Louisiana 70112
</p><p>Baton Rouge Resident Office, 4560 North Boulevard, Suite 118, Baton Rouge, Louisiana 70806
</p><p>Birmingham Resident Office, 236 Goodwin Crest, Suite 520, Birmingham, Alabama 35209
</p><p>Gulfport Mississippi, Post of Duty, PO Box 1387, Gulfport, Mississippi 39502
</p><p>Jackson Resident Office, 100 W. Capitol Street, 1501 Federal Building, Jackson, Mississippi 39269
</p><p>Little Rock Resident Office, One Union National Plaza, Suite 850, Little Rock, Arkansas 72201
</p><p>Mobile Resident Office, 2 Office Park, Suite 216, Mobile, Alabama 36609
</p><p>Shreveport Resident Office, 8A20A Federal Building, Shreveport, Louisiana 71101
</p><p>New York Division
</p><p>New York Division Office, 555 W. 57th Street, Suite 1900, New York, New York 10019
</p><p>Albany Resident Office, Clinton Avenue &amp; North Pearl Street, 746 Leo W. O’Brien Federal
Building, Albany, New York 12207
</p><p>Buffalo Resident Office, 28 Church Street, Suite 300, Buffalo, New York 14202
</p><p>Rochester Resident Office, PO Box 14210, Rochester, New York 14614
</p><p>Long Island Resident Office, One Huntington Quadrangle, Suite 1C-02, Melville, New York
11747
</p><p>New York DEA Drug Task Force, 555 W. 57th Street, Suite 1700, New York, New York 10019-2978
</p><p>JFK Airport Station, PO Box 361, Jamaica, New York 11430
</p><p>Philadelphia Division
</p><p>Philadelphia Division Office, 600 Arch Street, Room 10224, William J. Green Federal
Building, Philadelphia, Pennsylvania 19106
</p><p>Harrisburg Resident Office, PO Box 557, Harrisburg, Pennsylvania 17108-0557
</p><p>Pittsburgh Resident Office, 1000 Liberty Avenue, Federal Building, Room 2306, Pittsburgh
Pennsylvania 15222
</p><p>Wilmington Resident Office, 844 King Street, J. Caleb Boggs Federal Building, Rms. 5305-
5307, Wilmington, Delaware 19801
</p><p>Phoenix Division
</p><p>Phoenix Division Office, One N. First Street, Suite 201, Phoenix, Arizona 85004
</p><p>Yuma Resident Office, 3150 Winsor Avenue, Suite 202, Yuma, Arizona 85364
</p><p>Tucson Resident Office, 2110 E. Airport Drive, Tucson, Arizona 85706
</p><p>Nogales Resident Office, 3970 Fairway Drive, Nogales, Arizona 85621
</p><p>San Diego Division
</p><p>San Diego Division Office, 402 W. 35th Street, National City, California 92050
</p><p>Calexico Resident Office, 38 W. 4th Street, PO Box J, Calexico, California 92231
</p><p>Tecate Resident Office, Highway 188, PO Box 280, Tecate, California 92080
</p><p>San Francisco Division
</p><p>San Francisco Division Office, 450 Golden Gate Avenue, PO Box 36035, Room 12215, San
Francisco, California 94102
</p><p>Fresno Resident Office, 2202 Monterrey Street Room, 104F, Fresno, California 93721
</p><p>Sacramento Resident Office, 2941 Fulton Avenue, PO Box 214556, Sacramento, California 95821
</p><p>San Jose Resident Office, 280 S. First Street, Room 2133, San Jose, California 95113
</p><p>Seattle Division
</p><p>Seattle Division Office, 220 W. Mercer, Suite 301, Seattle, Washington 98119
</p><p>Anchorage Resident Office, 701 C Street, Anchorage, Alaska 99513
</p><p>Blaine Resident Office, 170 C Street, PO Box 1680, Blaine, Washington 98230
</p><p>Boise Resident Office, 2404 Bank Drive, American Reserve Building, Suite 212, Boise, Idaho 83705
</p><p>Eugene Resident Office, 211 E. 7th Avenue, 230 Federal Building, Eugene, Oregon, 97401
</p><p>Great Falls Resident Office, 1111 4th Street South, PO Box 2887, Great Falls, Montana 59403
</p><p>Portland Resident Office, 1220 SW 3rd Avenue, Room 1566, Portland, Oregon 97204
</p><p>Spokane Resident Office, 920 W. Riverside, PO Box 1504, USCH, Spokane, Washington 99201
</p><p>St. Louis Division
</p><p>St. Louis Division Office, 120 S. Central Avenue, Suite 200, St. Louis, Missouri 63105
</p><p>Cape Girardeau, Missouri, Post of Duty, 339 Broadway, Room 159, Cape Girardeau, Missouri 63701
</p><p>Des Moines Resident Office, 210 Walnut Street, PO Box 1784, USCH, Federal Building, Room 667, Des
Moines, Iowa 50309
</p><p>Kansas City Resident Office, 812 N. 7th Street, Room 206, Kansas City, Kansas 66101
</p><p>Omaha Resident Office, 215 N. 17th Street, Federal Building, PO Box 661, Downtown Station, Omaha,
Nebraska 68101
</p><p>Sioux Falls Resident Office, PO Box 1109, Sioux Falls, South Dakota 57101
</p><p>Wichita Resident Office, 1919 Amidon, Suite 218, Wichita, Kansas 67230
</p><p>Washington, DC Division
</p><p>Washington, DC Division Office, 400 Sixth Street SW., Room 2558, Washington, DC 20024
</p><p>Charleston Resident Office, 22 Capital Street, PO Box 1146, Charleston, West Virginia 25324
</p><p>Clarksburg, West Virginia, Post of Duty, 168 W. Main Street, PO Box 262, Room 502, Clarksburg,
West Virginia 26301
</p><p>Charleston Resident Office, 22 Capital Street, PO Box 1146, Charleston, West Virginia 25324
</p><p>Norfolk Resident Office, 200 Granby Mall, Federal Building, Suite 320, Norfolk, Virginia 23510
</p><p>Richmond Resident Office, 400 N. 8th Street, PO Box 10150, Richmond, Virginia 23240
</p><p>Baltimore District Office, 31 Hopkins Plaza, 955 Federal Building, Baltimore, Maryland 21201
</p><p>El Paso Intelligence Division
</p><p>El Paso Intelligence Division, 2211 E. Missouri, Suite 200, El Paso, Texas 79903
</p><p>Laboratories
</p><p>Special Testing &amp; Research Laboratory, 7704 Old Springhouse Road, McLean, Virginia 22102
-3494
</p><p>Mid-Atlantic Laboratory, 460 New York Avenue NW, Washington, DC 20537
</p><p>Northeast Laboratory, 555 W. 57th Street, New York, New York 10019
</p><p>Southeast Laboratory, 5205 NW 84th Avenue, Miami, Florida 33166
</p><p>North Central Laboratory, 610 S. Canal Street, Room 500, Chicago, Illinois 60607
</p><p>South Central Laboratory, 1880 Regal Row, Dallas, Texas 75235
</p><p>Southwest Laboratory, PO Box 1536, National City, California 92050
</p><p>Western Laboratory, 450 Golden Gate Avenue, Box 36075, San Francisco, California 94102
</p><p>Other DEA Offices
</p><p>Aviation Unit
</p><p>Addison Aviation Facility, DEA/Justice, PO Box 534, Addison, Texas 75001
</p><p>Foreign Offices
</p><p>Ankara, Turkey Country Office, DEA/Justice, American Embassy, APO New York, New York 09254
</p><p>Istanbul Resident Office, DEA/Justice, American Consulate General, APO New York, New York 09380
</p><p>Athens Greece Country Office, DEA/Justice, American Embassy, APO New York, New York 09253
</p><p>Bangkok, Thailand Country Office, DEA/Justice, American Embassy, APO San Francisco, California
96346
</p><p>Chiang Mai Resident Office, DEA/Justice, American Embassy, Box C, APO San Francisco, California
96346
</p><p>Songkhla Resident Office, DEA/Justice, American Embassy, Box S, APO San Francisco, California
96346
</p><p>Bern, Switzerland County Office, DEA/Justice, American Embassy, Department of State Pouch Mail
20520
</p><p>Bogota, Colombia Country Office, DEA/Justice, American Embassy, APO Miami, Florida 34038
</p><p>Barranquilla Resident Office, DEA/Justice, American Embassy, APO Miami, Florida 34038
</p><p>Cali Resident Office, DEA/Justice, American Embassy, APO Miami, Florida 34038
</p><p>Medellin Resident Office, DEA/Justice, American Embassy, APO Miami, Florida 34038
</p><p>Bonn, W. Germany Country Office, DEA/Justice, American Embassy, Box 290, APO New York, New York
09080
</p><p>Frankfurt Resident Office, DEA/Justice, American Consulate General, APO New York, New York 09213
</p><p>Brasilia, Brazil Country Office, DEA/Justice, American Embassy, APO Miami, Florida 34030
</p><p>Sao Paulo Resident Office, c/o Brasilia Country Office, APO Miami, Florida 34030
</p><p>Brussels, Belgium Country Office, DEA/Justice, American Embassy, APO New York, New York 09667
</p><p>Buenos Aires, Argentina Country Office, DEA/Justice, American Embassy, APO Miami, Florida 34034
</p><p>Cairo, Egypt Country Office, DEA/Justice, American Embassy, Box 10, FPO New York, New York 09527
</p><p>Caracas, Venezuela Country Office, DEA/Justice, American Embassy, APO Miami, Florida 34037
</p><p>Copenhagen, Denmark Country Office, DEA/Justice, American Embassy, APO New York, New York 09170
</p><p>Caracao, Netherlands Antilles Country Office, DEA/Justice, c/o U.S. Consulate General, Department
of State Pouch Mail 20520
</p><p>Guatemala City, Guatemala Country Office, DEA/Justice, American Embassy, APO Miami, Florida 34024
</p><p>Hong Kong Country Office, DEA/Justice, American Consulate General, Box 30, FPO San Francisco,
California 96659
</p><p>Islamabad, Pakistan Country Office, DEA/Justice, Department of State, Pouch Mail 20520
</p><p>Karachi Resident Office, DEA/Justice, Department of State, Pouch Mail 20520
</p><p>Lahore Resident Office, DEA/Justice, Department of State, Pouch Mail 20520
</p><p>Peshawar Resident Office, DEA/Justice, Department of State, Pouch Mail 20520
</p><p>Jakarta, Indonesia Country Office, DEA/Justice, Department of State, Pouch Mail 20520
</p><p>Kingston, Jamaica Country Office, DEA/Justice, Department of State, Pouch Mail 20520
</p><p>Kuala Lumpur, Malaysia Country Office, DEA/Justice, Department of State, Pouch Mail 20520
</p><p>La Paz, Bolivia Country Office, DEA/Justice, American Embassy, APO Miami, Florida 34032
</p><p>Santa Cruz Resident Office, c/o La Paz, Bolivia Country Office, APO Miami, Florida 34032
</p><p>Lagos, Nigeria Country Office, DEA/Justice, Department of State, Pouch Mail 20520
</p><p>Cochabamba Resident Office, c/o La Paz, Bolivia Country Office, APO Miami, Florida 34032
</p><p>Lima, Peru Country Office, DEA/Justice, American Embassy, APO Miami, Florida 34031
</p><p>London, England Country Office, DEA/Justice, American Embassy, Box 40, FPO New York, New York
09510
</p><p>Madrid, Spain Country Office, DEA/Justice, American Embassy, APO New York, New York 09285
</p><p>Manila, Philippines Country Office, DEA/Justice, American Embassy, APO San Francisco, California
96528
</p><p>Mexico City, Mexico Country Office, DEA/Justice, PO Box 3087, Laredo, Texas 78041
</p><p>Guadalajara Resident Office, DEA/Justice, PO Box 3088, Laredo, Texas 78041
</p><p>Hermosillo Resident Office, PO Box 1090, Nogales, Arizona 85621
</p><p>Mazatlan Resident Office, DEA/Justice, Department of State, Pouch Mail 20520
</p><p>Merida Resident Office, DEA/Justice, American Consulate, PO Box 3087, Laredo, Texas 78044
</p><p>Monterrey Resident Office, DEA/Justice, American Consulate, PO Box 3098, Laredo, Texas 78040
</p><p>Nassau, Bahamas Country Office, DEA/Justice, PO Box N8197, Department of State, Pouch Mail 20520
</p><p>New Delhi, India Country Office, DEA/Justice, American Consulate, Department of State, Pouch Mail
20520
</p><p>Nicosia, Cypress Country Office, DEA/Justice, American Embassy, FPO New York, New York 09530
</p><p>Ottawa Country Office, 100 Wellington Street, DEA/Justice, American Embassy, Ottawa, Ontario,
Canada KIP-5T1
</p><p>Montreal Resident Office, DEA/Justice, PO Box 65, Postal Station, Desjardins, Montreal, American
Consulate General, Montreal, Quebec, Canada HSB 161
</p><p>Panama City, Panama Country Office, DEA/Justice, American Embassy, Box E, APO Miami, Florida
34002
</p><p>Paris, France Country Office, DEA/Justice, American Embassy, APO New York, New York 09777
</p><p>Marseilles Resident Office, DEA/Justice, American Embassy, APO New York, New York 09777
</p><p>Quito, Ecuador Country Office, DEA/Justice, American Embassy, APO Miami, Florida 34039
</p><p>Guayaquil Resident Office, DEA/Justice, U.S. Consulate, APO Miami, Florida 34039
</p><p>Rome, Italy Country Office, DEA/Justice, American Embassy, APO New York, New York 09794-
0007
</p><p>Milan Resident Office, DEA/Justice, American Embassy, Box M, APO New York, New York 09794
</p><p>San Jose, Costa Rica Country Office, DEA/Justice, American Embassy, APO Miami, Florida 34020
</p><p>Santiago, Chile Country Office, DEA/Justice, American Embassy, APO Miami, Florida 34033
</p><p>Santo Domingo, Dominican Republic Country Office, DEA/Justice, American Embassy, APO Miami,
Florida 34041
</p><p>Seoul, Korea Country Office, DEA/Justice, American Embassy, APO San Francisco, California 96301
</p><p>Singapore Country Office, DEA/Justice, American Embassy, FPO San Francisco, California 96699
-0001
</p><p>The Hague, Netherlands Country Office, DEA/Justice, American Embassy, APO New York, New York
09159
</p><p>Tokyo, Japan Country Office, DEA/Justice, American Embassy, APO San Francisco, California 96503
</p><p>Vienna, Austria Country Office, DEA/Justice, American Embassy, APO New York, New York 09108
</p><p><b>Executive Office for Immigration Review</b></p>
<p>>EOIR field offices are located as follows:
</p><p>Executive Office for Immigration Review, Immigration Court, 901 N. Stuart Street, Suite 1300,
Arlington, VA 22203
</p><p>Executive Office for Immigration Review, Immigration Court, Martin Luther, King Jr. Federal
Bldg., 77 Forsyth Street, Room 112, Atlanta, GA 30303
</p><p>Executive Office for Immigration Review, Immigration Court, US Appraisers Bldg., 103 S. Gay
Street, Room 702, Baltimore, MD  21202
</p><p>Executive Office for Immigration Review, Immigration Court, 7850 Metro Parkway, Suite 320,
Bloomington, MN 55425
</p><p>Executive Office for Immigration Review, Immigration Court, JFK Federal Bldg., 15 New Sudbury
Street, Room 320, Boston, MA  02203
</p><p>Executive Office for Immigration Review, Immigration Court, 515 11th Street W., 3rd Floor,
Bradenton, FL  34205
</p><p>Executive Office for Immigration Review, Immigration Court, 130 Delaware Avenue, Suite 410,
Buffalo, NY 14202
</p><p>Executive Office for Immigration Review, Immigration Court, Federal Bldg., 55 E. Monroe Street,
Suite 1900, Chicago, IL  60603
</p><p>Executive Office for Immigration Review, Immigration Court, 1200 Main Street, Suite 700, Dallas,
TX 75202.
</p><p>Executive Office for Immigration Review, Immigration Court, Byron G. Rogers Federal Bldg., 1961
Stout Street, Room 1403, Denver, CO  80294
</p><p>Executive Office for Immigration Review, Immigration Court, Brewery Park II, 1155 Brewery Park
Blvd., Suite 450, Detroit, MI  48207
</p><p>Executive Office for Immigration Review, Immigration Court, 625 Evans Street, Room 148A,
Elizabeth, NJ  07201
</p><p>Executive Office for Immigration Review, Immigration Court, 1545 Hawkins Blvd., Suite 205, El
Paso, TX 79925
</p><p>Federal Detention Center, 1705 E. Hanna Road, Suite 366, Eloy, AZ 85232
</p><p>Executive Office for Immigration Review, Immigration Court, 3260 N. Pinal Parkway Avenue,
Florence, AZ 85232
</p><p>Executive Office for Immigration Review, Immigration Court, GSA Center, 651 Federal Dr., Suite
111-14, Guaynabo, San Juan, PR  00965
</p><p>Executive Office for Immigration Review, Immigration Court, 201 E. Jackson Street, Harlingen, TX
78550
</p><p>Executive Office for Immigration Review, Immigration Court, AA Ribicoff Federal Bldg. and
Courthouse, 450 Main Street, Room 509, Hartford, CT 06103-3015
</p><p>Executive Office for Immigration Review, Immigration Court, PJKK Federal Bldg., 300 Ala Moanu
Blvd., Room 8-112, Honolulu, HI 96850
</p><p>Executive Office for Immigration Review, Immigration Court, 2320 La Branch Street, Room 2235,
Houston, TX 77004
</p><p>Executive Office for Immigration Review, Immigration Court, 2409 La Brucherie Road, Imperial, CA
92251
</p><p>Krome North Processing Center, 18201 SW 12th Street, Miami, FL 33194
</p><p>Laredo Service Processing Center, PO Box 440110, Laredo, TX 78044-0110
</p><p>Executive Office for Immigration Review, Immigration Court, Mira Loma Facility, 45100 N. 60th
Street West, Lancaster, CA 93536
</p><p>Executive Office for Immigration Review, Immigration Court, Pacific Enterprise Plaza, 3365 Pepper
Lane, Suite 200, Las Vegas, NV 89120
</p><p>Executive Office for Immigration Review, Immigration Court, 606 S. Olive Street, Suite 1500, Los
Angeles, CA 90014
</p><p>Port Isabel Processing Center, Route 3, Box 341, Bldg. 37, Los Fresnos, TX 78566
</p><p>Executive Office for Immigration Review, Immigration Court, Clifton B. Davis Federal Bldg., 167
N. Main Street, Room 1026, Memphis, TN 38103
</p><p>Executive Office for Immigration Review, Immigration Court, 155 S. Miami Avenue, Room 800, Miami,
FL 33130
</p><p>Ulster Correctional Facility, Berme Road, Napanoch, NY 12458
</p><p>Executive Office for Immigration Review, Immigration Court, 970 Broad Street, Room 1135, Newark,
NJ 07102
</p><p>Executive Office for Immigration Review, Immigration Court, One Canal Place, 365 Canal Street,
Suite 2450, New Orleans, LA 70130
</p><p>Executive Office for Immigration Review, Immigration Court, 26 Federal Plaza, Suite 1000, New
York, NY 10278
</p><p>Executive Office for Immigration Review, Immigration Court, 1900 E. Whatley Road, Oakdale, LA
71463
</p><p>Executive Office for Immigration Review, Immigration Court, 5449 South Semoran Blvd., Suite 200,
Orlando, FL 32803
</p><p>Executive Office for Immigration Review, Immigration Court, 1600 Callowhill Street, Room 400,
Philadelphia, PA 19130
</p><p>Executive Office for Immigration Review, Immigration Court, Federal Bldg., 200 E Mitchell Dr.,
Suite 200, Phoenix, AZ 85102
</p><p>Executive Office for Immigration Review, Immigration Court, U.S. Post Office/Courthouse Bldg.,
615 E. Houston Street, Room 598, San Antonio, TX 78205-2040
</p><p>Executive Office for Immigration Review, Immigration Court, 401 West A Street, Suite 800, San
Diego, CA 92101-7904
</p><p>Executive Office for Immigration Review, Immigration Court, 550 Kearny Street, Suite 800, San
Francisco, CA 94108
</p><p>INS San Pedro Service Processing Center, 2001 Seaside Avenue, Room 136, San Pedro, CA 90731
</p><p>Executive Office for Immigration Review, Immigration Court, Key Tower Bldg., 1000 Second Avenue,
Suite 3150, Seattle, WA 98104
</p><p>Executive Office for Immigration Review, Immigration Court, 160 N. Stone Avenue, Suite 300,
Tucson, AZ 85701-1502
</p><p>Executive Office for Immigration Review, Immigration Court, 201 Varick Street, Room 1140, New
York, NY 10014
</p><p>Executive Office for Immigration Review, Immigration Court, 3434 Concord Road, York, PA 17402
</p><p><b>Appendix of United States Attorneys’ office locations: (Written
requests for access to records in any of the following U.S. Attorneys’ offices except the District
of Columbia may be addressed to: FOIA/Privacy Unit, Patrick Henry Building, 601 D Street NW, room
6410, Washington, DC 20530)</b></p>
<p>Requests for access to records in the District of Columbia may be addressed to: FOIA/Privacy,
United States Attorney’s Office for the District of Columbia, Judiciary Center Building, 555 4th
Street NW, Washington, DC 20001.)
</p><p>Systems are located as listed below:
</p><p><i>ALABAMA
</i></p><p>Northern District
</p><p>200 Federal Bldg., 1800 5th Ave. N., Birmingham 35203
</p><p><i>Middle District
</i></p><p>PO Box 197, Montgomery 36101
</p><p>Southern District
</p><p>169 Dauphin St., Suite 200, Mobile 36602
</p><p><i>ALASKA
</i></p><p>222 W. 7th Ave., No. 9, Federal Bldg. &amp; Courthouse, Rm. C-253, Anchorage,
99513-7567
</p><p>*Rm. 310, New Federal Bldg. &amp; Courthouse, 101 12th Ave., Box 2, Fairbanks 99701
</p><p><i>ARIZONA
</i></p><p>4000 U.S. Courthouse, 230 N. First Ave., Phoenix 85025
</p><p>*Suite 8310, 110 South Church Ave., Tucson 85701
</p><p><i>ARKANSAS
</i></p><p>Eastern District
</p><p>PO Box 1229, Little Rock 72203
</p><p>Western District
</p><p>PO Box 1524, Fort Smith 72902
</p><p><i>CALIFORNIA
</i></p><p>Northern District
</p><p>450 Golden Gate Ave., Box 36055, San Francisco 94102
</p><p>*280 South First St., Rm. 371, San Jose 95113
</p><p>Eastern District
</p><p>3305 Federal Bldg., 650 Capitol Mall, Sacramento 95814
</p><p>*4304 Federal Bldg., 1130 O St., Fresno 93721
</p><p>Central District
</p><p>312 N. Spring St., Los Angeles 90012
</p><p>*751 West Santa Ana Blvd., Santa Ana 92701
</p><p>Southern District
</p><p>5-N-19 U.S. Courthouse, 940 Front St., San Diego 92189
</p><p><i>COLORADO
</i></p><p>Suite 1200, Federal Bldg., Drawer 3615, 1961 Stout St., Denver 80294
</p><p><i>CONNECTICUT
</i></p><p>PO Box 1824, New Haven 06508
</p><p>*250 Federal Bldg., 450 Main St., Hartford 06103
</p><p>*309 Federal Building &amp; Courthouse, 915 Lafayette Blvd., Bridgeport 06603
</p><p><i>DELAWARE
</i></p><p>Manufacturer’s Hanover Plaza, 1201 Suite 1100, PO Box 2046, Wilmington 19899-2046
</p><p><i>DISTRICT OF COLUMBIA
</i></p><p>Judiciary Center Bldg. 555 4th St., NW, Washington, DC 20001 (Information)
</p><p>Superior Court Division (Information)
</p><p><i>FLORIDA
</i></p><p>Northern District
</p><p>315 S. Calhoun St., Suite 510, Tallahassee, 32301
</p><p>*114 East Gregory St., Pensacola 32501
</p><p>*401 SE 1st Ave., Room 318, Gainesville, 32602
</p><p>Middle District
</p><p>Rm. 400 Robert Timberlake Bldg., 500 Zack Street, Tampa 33602
</p><p>*PO Box 600, Jacksonville 32201
</p><p>*201 Federal Bldg., 80 N. Hughey Ave., Orlando 32801
</p><p>*2000 Main St., The Barnett Centre, Suite 701,
</p><p>Fort Myers, 33901
</p><p>Southern District
</p><p>155 South Miami Ave., Miami 33130
</p><p>*Rm. 202B, 299 E. Broward Blvd., Fort Lauderdale 33301
</p><p>*701 Clematis St., West Palm Beach 33401
</p><p>*505 S. 2nd St., Suite 200, Ft. Pierce, 34950
</p><p><i>GEORGIA
</i></p><p>Northern District
</p><p>Rm. 1800 Richard Russell Bldg., 75 Spring St. SW, Atlanta 30335
</p><p>Middle District
</p><p>PO Box U, Macon 31202
</p><p>Southern District
</p><p>PO Box 8999, Savannah 31412
</p><p>*PO Box 2017, Augusta 30903--All mail goes to Savannah
</p><p><i>GUAM
</i></p><p>Suite 502-A, Pacific News Bldg., 238 Archbishop Flores St., Agana 96910
</p><p>*3rd Floor, Horiguchi Bldg., PO Box 377, Saipan, MP 96950
</p><p><i>HAWAII
</i></p><p>Rm. 6100, PJKK Federal Bldg., Box 50183, 300 Ala Moana Blvd., Honolulu 96850
</p><p><i>IDAHO
</i></p><p>Rm. 328, Federal Bldg., Box 037, 550 W. Fort St., Boise 83724
</p><p><i>ILLINOIS
</i></p><p>Northern District
</p><p>1500 South, Everett McKinley Dirksen Bldg., 219 S. Dearborn St., Chicago 60604
</p><p>*211 South Court St., Rockford 61101
</p><p>Southern District
</p><p>9 Executive Dr., Suite 300, Fairview Heights, 62208
</p><p>Central District
</p><p>PO Box 375, Springfield 62705
</p><p>*Rm. 253, Federal Building, 100 NE Monroe St., Peoria 61602
</p><p>*14 Towne Centre, 2 East Main St., Danville 61832
</p><p>*211 19th St., Room 14, Rock Island 61201
</p><p><i>INDIANA
</i></p><p>Northern District
</p><p>1001 Main St., Suite A, Dyer 46311
</p><p>*3128 Federal Bldg., 1300 S. Harrison St., Fort Wayne 46802
</p><p>*MO-1 Federal Bldg., 204 S. Main St., South Bend 46601
</p><p>Southern District
</p><p>U.S. Courthouse, 5th Floor, 46 East Ohio St., Indianapolis 46204
</p><p><i>IOWA
</i></p><p>Northern District
</p><p>425 2nd St., SE, Suite 950, The Center, Cedar Rapids 52401
</p><p>*PO Box 3629, Sioux City 51102
</p><p>Southern District
</p><p>115 U.S. Courthouse, East 1st &amp; Walnut Sts., Des Moines 50309
</p><p><i>KANSAS
</i></p><p>1200 Epic Center, 301 N. Main, Wichita 67202-4812
</p><p>*444 Quincy St., Topeka 66683
</p><p>*412 Federal Bldg., 812 N. Seventh St., Kansas City 66101
</p><p><i>KENTUCKY
</i></p><p>Eastern District
</p><p>110 W. Vine St., Suite 400, Lexington 40507
</p><p>*PO Box 72, Covington 41012
</p><p>Western District
</p><p>Bank of Louisville Bldg., 510 W. Broadway, 10th Floor, Louisville 40202
</p><p><i>LOUISIANA
</i></p><p>Eastern District
</p><p>Hale Boggs Federal Bldg., Rm., 210, 501 Magazine St., New Orleans 70130
</p><p>Middle District
</p><p>339 Florida St., 6th Floor, Baton Route 70801
</p><p>Western District
</p><p>401 Edwards St., Suite 2100, Shreveport 71101-6133
</p><p>*600 Jefferson St., Suite 1000, Lafayette 70501-7206
</p><p><i>MAINE
</i></p><p>East Tower, 6th Floor, 100 Middle St. Plaza, Portland 04101
</p><p>99 Franklin St., Bangor 04401
</p><p><i>MARYLAND
</i></p><p>8th Floor, U.S. Courthouse, 101 W. Lombard St., Baltimore 21201
</p><p><i>MASSACHUSETTS
</i></p><p>1107 John W. McCormack Federal Bldg., USPO &amp; Courthouse, Boston 02109
</p><p>*1550 Main Street, Rm. 533, U.S. Courthouse, Springfield 01103
</p><p><i>MICHIGAN
</i></p><p>Eastern District
</p><p>817 Federal Bldg., 231 W. Lafayette, Detroit 48226
</p><p>*PO Box 26, 204 Federal Bldg., 1000 Washington St., Bay City 48707
</p><p>*204 Federal Bldg., 600 Church St., Flint 48502
</p><p>Western District
</p><p>399 Federal Bldg., 110 Michigan St. NW, Gerald Ford Fed. Bldg., Grand Rapids 49503
</p><p>*D&amp;N Bank of Marquette Bldg., PO Box 20, Marquette 29855
</p><p><i>MINNESOTA
</i></p><p>234 U.S. Courthouse, 110 South 4th St., Minneapolis 55401
</p><p>*678 U.S. Courthouse, 316 N. Robert St., St. Paul 55101
</p><p><i>MISSISSIPPI
</i></p><p>Northern District
</p><p>PO Drawer 886, Oxford 38655
</p><p>Southern District
</p><p>188 East Capitol St., Rm. 500, Jackson 39201
</p><p>*PO Box 1417, Biloxi 39533
</p><p><i>MISSOURI
</i></p><p>Eastern District
</p><p>401 U.S. Court &amp; Custom House, 1114 Market St., St. Louis 63101
</p><p>*PO Box 2107, Cape Girardeau, 63702-2107
</p><p>Western District
</p><p>1201 Walnut, Suite 300, Kansas City 64106-2149
</p><p>*Hammons Tower Suite 500, 901 St. Louis St., Springfield 65806-2511
</p><p><i>MONTANA
</i></p><p>PO Box 1478, Billings 59103
</p><p>*167 Federal Bldg., 400 N. Main, Butte 59703
</p><p>*PO Box 3447, Great Falls 59401
</p><p>*Drawer 10031, Federal Bldg., 301 South Park Ave., Helena 59626
</p><p><i>NEBRASKA
</i></p><p>PO Box 1228, DTS, Omaha 68101-1228
</p><p>*487 Federal Bldg., 100 Centennial Mall North, Lincoln 68508
</p><p><i>NEVADA
</i></p><p>Box 16030, Las Vegas 89101
</p><p>*Rm. 2-032, 300 Booth St., Reno 89509
</p><p><i>NEW HAMPSHIRE
</i></p><p>55 Pleasant Street Rm. 439, PO Box 480, Concord 03302-0480
</p><p><i>NEW JERSEY
</i></p><p>Federal Bldg., 970 Broad St., Room 502, Newark 07102
</p><p>*402 East State St., Rm. 502, Trenton 08608
</p><p>*PO Bldg., 401 Market St., Fifth Floor, Camden 08101
</p><p><i>NEW MEXICO
</i></p><p>PO Box 607, Albuquerque 87103
</p><p>*U.S. Courthouse, 200 East Griggs St., Rm. E-108, Las Cruces 88001
</p><p><i>NEW YORK
</i></p><p>Northern District
</p><p>PO Box 7198, 100 South Clinton St., Syracuse 13261-7198
</p><p>* U.S. Courthouse &amp; Post Office, Room 231, 445 Broadway, Albany 12207
</p><p>*319 Federal Bldg., Binghamton 13901
</p><p>Eastern District
</p><p>U.S. Courthouse, 225 Cadman Plaza East, Brooklyn 11201
</p><p>*825 East Gate Blvd., Garden City 11530
</p><p>*300 Rabro Drive, Hauppauge 11788
</p><p>Western District
</p><p>502 U.S. Courthouse, 68 Court St., Buffalo 14202
</p><p>*233 U.S. Courhouse, 100 State St., Rochester 14614
</p><p>Southern District
</p><p>One St. Andrews Plaza, New York 10007
</p><p>*150 Grand St., 4th Floor, White Plains, NY 10601
</p><p><i>NORTH CAROLINA
</i></p><p>Eastern District
</p><p>310 New Bern Ave., Suite 800, Raleigh 27601-1461
</p><p>Middle District
</p><p>PO Box 1858, Greensboro 27402
</p><p>Western District
</p><p>Rm. 306, U.S. Courthouse, 100 Otis St., Asheville 28801-2611 (all mail goes to Charlotte)
</p><p>*Rm. 260, U.S. Courthouse, 401 W. Trade St., Charlotte 28202
</p><p><i>NORTH DAKOTA
</i></p><p>PO Box 2505, Fargo 58108
</p><p>*PO Box 699, Bismarck 58502
</p><p><i>OHIO
</i></p><p>Northern District
</p><p>1800 Bank One Center, 600 Superior Ave. East, Cleveland 44114-2600
</p><p>*208 Federal Bldg., 2 South Main St., Akron 44308
</p><p>*307 U.S. Courthouse, 1716 Spielbusch Ave., Toledo 43624
</p><p>Southern District
</p><p>2 Nationwide Plaza, 280 N High St., 4th Floor, Columbus 43215
</p><p>*5th &amp; Walnut Sts., 220 U.S. Post Office &amp; Courthouse, Cincinnatti 45202
</p><p>PO Box 280, Mid City Station, Dayton 45402
</p><p><i>OKLAHOMA
</i></p><p>Northern District
</p><p>3900 U.S. Courthouse, 333 W. Fourth St., Tulsa 74103
</p><p>Eastern District
</p><p>333 Federal Courthouse, 5th &amp; Okmulgee, Muskogee 74401
</p><p>Western District
</p><p>Rm. 4434, U.S. Courthouse &amp; Federal Office Bldg., Oklahoma City 73102
</p><p><i>OREGON
</i></p><p>888 SW 5th Ave., Suite 1000, Portland 97204-2024
</p><p>*701 High St., Eugene 97401
</p><p><i>PENNSYLVANIA
</i></p><p>Eastern District
</p><p>3310 U.S. Courthouse, Independence Mall West, 601 Market St., Philadelphia 19106
</p><p>Middle District
</p><p>PO Box 309, Scranton 18501-0309 (send USA mail to Harrisburg)
</p><p>*Suite 1162 Federal Bldg. 3rd &amp; Walnut Sts., PO Box 11754 Harrisburg 17108
</p><p>*Rm. 307, US Post Office Bldg., Lewisburg 17837
</p><p>Western District
</p><p>633 USPO &amp; Courthouse, 7th Ave. &amp; Grant St., Pittsburgh 15219
</p><p>*Rm. 137, U.S. Courthouse &amp; Federal Bldg., 617 State St., Erie 16501
</p><p>*Suite 224, 10 Traffic Bldg., 319 Washington Ave., Johnstown, 15901
</p><p><i>PUERTO RICO
</i></p><p>Federal Office Bldg., Rm. 452, Carlos E. Chardon Ave., Hato Rey 00918
</p><p><i>RHODE ISLAND
</i></p><p>10 Dorrance St., 10th Floor, Providence 02903
</p><p><i>SOUTH CAROLINA
</i></p><p>1st Union Blvd., 1441 Main St., Suite 500, Columbia 29201
</p><p>*PO Box 978, Charleston 29402
</p><p>*PO Box 10067, Greenville 29603
</p><p>*PO Box 1567, Florence 29503
</p><p><i>SOUTH DAKOTA
</i></p><p>PO Box 1073, Sioux Falls 57101
</p><p>*PO Box 2893, Rapid City 57709
</p><p>*326 Federal Bldg. &amp; Courthouse, 225 S. Pierre St., Pierre 57501
</p><p>*311 PO &amp; Courthouse Bldg., 102 SE Fourth Ave., Aberdeen 57401
</p><p>TENNESSEE
</p><p>Eastern District
</p><p>PO Box 872, Knoxville 37901
</p><p>*1100 Market St., Suite 301, Chattanooga 37402
</p><p>*104 \1/2\ W. Summer St., Greenville 37743
</p><p>*208 Sunset Drive, Suite 509, Johnson City 37604
</p><p>Middle District
</p><p>110 9th Ave. S., Suite A961, Nashville 37203-3870
</p><p>Western District
</p><p>1026 Federal Office Bldg., 167 N. Main St., Memphis 38103
</p><p>USPO &amp; Courthouse Bldg., Rm. 308, 109 South Highland, Jackson 38302
</p><p><i>TEXAS
</i></p><p>Northern District
</p><p>Burnett Plaza, Suite 1700, 801 Cherry St., Ft. Worth 76102-6897
</p><p>*Rm. 16G28, U.S. Federal Bldg. &amp; Courthouse, 1100 Commerce St., Dallas 75242
</p><p>*Rm. C-201, U.S. Federal Bldg. &amp; Courthouse, 1205 Texas Ave., Lubbock 79401
</p><p>PO Box 13236, Amarillo 79101-1559
</p><p>Southern District
</p><p>PO Box 61129, Houston 77208
</p><p>*PO Box 886, Laredo 78042-0886
</p><p>*PO Box 1671, Brownsville 78522
</p><p>*Wilson Plaza, Suite 1400, 606 N. Carancahua, Corpus Christi 78476
</p><p>*Texas Commerce Bldg., 1701 West Highway 83, Suite 305, McAllen 78501-5159
</p><p>Eastern District
</p><p>350 Magnolia St., Suite 150, Beaumont 77701-2237
</p><p>*110 N. College, Suite 600, Tyler 75702
</p><p>*One Grand Centre, Suite 504, 1 Grand Ave., Sherman 75090
</p><p>Western District
</p><p>727 East Durango Blvd., Suite A-601, San Antonio 78206
</p><p>*Rm. 353 U.S. Courthouse Bldg., 511 E. San Antonio Ave., El Paso 79901
</p><p>*816 Congress Ave., Suite 650, First City Centre, Austin 78701
</p><p>*U.S. Courthouse, 200 E. Wall St., Midland 79701
</p><p>*700 University Parks Dr., Suite 770, Waco 76706
</p><p><i>UTAH
</i></p><p>U.S. Courthouse, Room 476, 350 South Main Street, Salt Lake City 84101
</p><p><i>VERMONT
</i></p><p>PO Box 570, Burlington 05402
</p><p>*PO Box 10, Rutland 05701
</p><p><i>VIRGIN ISLANDS
</i></p><p>PO Box 1440, Charlotte Amalie, St. Thomas 00804-1440
</p><p>All Mail to This Office
</p><p>*1108 King St., Suite 201, Christiansted, St. Croix 00820-4951
</p><p><i>VIRGINIA
</i></p><p>Eastern District
</p><p>1101 King Street, Suite 502, Alexandria 22314
</p><p>*Main Street Center, Suite 1800, 600 E. Main St., Richmond 23219
</p><p>*World Trade Center, Suite 1800, 101 W Main St., Norfolk 23510
</p><p>Western District
</p><p>*PO Box 1709, Roanoke 24008
</p><p>*PO Box 1098, Abingdon 24210
</p><p><i>WASHINGTON
</i></p><p>Eastern District
</p><p>PO Box 1494, Spokane 99210-1494
</p><p>*PO Box 1363, Yakima 98907-1363
</p><p>Western District
</p><p>3600 Seafirst 5th Ave. Plaza, 800 5th Ave., Seattle 98104
</p><p>*Suite 400, 1201 Pacific Ave., Tacoma 98402
</p><p><i>WEST VIRGINIA
</i></p><p>Northern District
</p><p>PO Box 591, Wheeling 26003
</p><p>*PO Box 190, Elkins 26241
</p><p>*PO Box 750, Clarksburg 26302
</p><p>*U.S. Courthouse, Room 236, Martinsburg 25401
</p><p>Southern District
</p><p>PO Box 3234, Charleston 25332
</p><p>*PO Box 1239, Huntington 25714
</p><p>*Branch Office</p>
<p><i>WISCONSIN
</i></p><p>Eastern District
</p><p>330 Federal Bldg., 517 E. Wisconsin Ave., Milwaukee 53202
</p><p>Western District
</p><p>600 West Washington Ave., PO Box 1585, Suite 200, Madison 53703
</p><p><i>WYOMING
</i></p><p>PO Box 668, Cheyenne 82003
</p><p><i>NORTH MARIANNA ISLANDS
</i></p><p>c/o U.S. Attorney’s Office, 6th Floor, Naura Bldg., PO Box 377, Saipan, CM 96950

</p>
	<p><b>Appendix to U.S. Marshals Service Systems of Records, Official Addresses of United States
Marshals.
</b></p><p>Northern Alabama
</p><p>1729 5th Avenue, North, Room 240, Birmingham, Alabama 35203
</p><p>Middle Alabama
</p><p>PO Drawer 4249, Montgomery, Alabama 36103
</p><p>Southern Alabama
</p><p>PO Box 343, Mobile, Alabama 36601
</p><p>District of Alaska
</p><p>U.S. Courthouse &amp; Federal Building, 222 W. 7th Avenue, No. 28, Anchorage, Alaska 99513-
7568
</p><p>District of Arizona
</p><p>8204 U.S. Courthouse, 230 North First Avenue, Phoenix, Arizona 85025
</p><p>Eastern Arkansas
</p><p>PO Box 8, Little Rock, Arkansas 72203
</p><p>Western Arkansas
</p><p>PO Box 2625, Fort Smith, Arkansas 72902
</p><p>Northern California
</p><p>20005 U.S. Courthouse, 450 Golden Gate Avenue, San Francisco, California 94102
</p><p>Eastern California
</p><p>1020 U.S. Courthouse, 750 Capitol Mall, Sacramento, California 95814
</p><p>Central California
</p><p>U.S. Courthouse, 312 North Spring Street G-23, Los Angeles, California 90012-4798
</p><p>Southern California
</p><p>LLB-71 U.S. Courthouse, 940 Front Street, San Diego, California 92189
</p><p>District of Colorado
</p><p>Drawer 3599, Denver, Colorado 80294
</p><p>District of Connecticut
</p><p>PO Box 904, New Haven, Connecticut 06504
</p><p>District of Delaware
</p><p>4311 U.S. Courthouse, 844 King Street, Wilmington, Delaware 19801
</p><p>District of Columbia
</p><p>1103 U.S. Courthouse, 3rd &amp; Constitution Avenue, NW, Washington, DC 20001
</p><p>District of Columbia Superior Court
</p><p>Superior Courthouse, 500 Indiana Avenue, NW, Room C-250, Washington, DC 20001
</p><p>Northern Florida
</p><p>PO Box 10229, Tallahassee, Florida 32302
</p><p>Middle Florida
</p><p>PO Box 2907, Tampa, Florida 33601-2907
</p><p>Southern Florida
</p><p>205 Federal Courthouse Square, 301 North Miami Avenue, Miami, Florida 33218-7785
</p><p>Northern Georgia
</p><p>1669 Federal Building, 75 Spring Street, SW, Atlanta, Georgia 30303
</p><p>Middle Georgia
</p><p>PO Box 7, Macon, Georgia 31202
</p><p>Southern Georgia
</p><p>PO Box 9765, Savannah, Georgia 31412
</p><p>District of Guam
</p><p>507 Pacific News Building, 238 Archbishop Flores Street, Agana, Guam 96910
</p><p>District of Hawaii
</p><p>PO Box 50184, Honolulu, Hawaii 96850
</p><p>District of Idaho
</p><p>741 U.S. Courthouse, 550 West Fort Street, Boise, Idaho 83724
</p><p>Northern Illinois
</p><p>219 S. Dearborn Street, Room 2444, Chicago, Illinois 60604
</p><p>Southern Illinois
</p><p>127 U.S. Courthouse, 750 Missouri Avenue, East St. Louis, Illinois 62201
</p><p>Central Illinois
</p><p>PO Box 156, Springfield, Illinois 62705
</p><p>Northern Indiana
</p><p>233 Federal Building, 204 South Main Street, South Bend, Indiana 46624
</p><p>Southern Indiana
</p><p>PO Box 44803, Indianapolis, Indiana 46244
</p><p>Northern Iowa
</p><p>320 Federal Building, 101 1st Street SE, Cedar Rapids, Iowa 52401
</p><p>Southern Iowa
</p><p>208 U.S. Courthouse, East First &amp; Walnut Streets, Des Moines, Iowa 50309
</p><p>District of Kansas
</p><p>456 Federal Building, 444 Southeast Quincy, Topeka, Kansas 66683
</p><p>Eastern Kentucky
</p><p>PO Box 30, Lexington, Kentucky 40501
</p><p>Western Kentucky
</p><p>114 U.S. Courthouse, 601 West Broadway, Louisville, Kentucky 40202
</p><p>Eastern Louisiana
</p><p>C-600 U.S. Courthouse, 500 Camp Street, New Orleans, Louisiana 70130
</p><p>Middle Louisiana
</p><p>PO Box 3653, Baton Rouge, Louisiana 70821
</p><p>Western Louisiana
</p><p>PO Box 53, Shreveport, Louisiana 71161-0053
</p><p>District of Maine
</p><p>PO Box 349 DTS, Portland, Maine 04112
</p><p>District of The Northern Mariana Islands
</p><p>PO Box 570, Susupe, Saipan 96950
</p><p>District of Maryland
</p><p>605 U.S. Courthouse, 101 West Lombard Street, Baltimore, Maryland 21201
</p><p>District of Massachusetts
</p><p>PO Box 352, Boston, Massachusetts 02101
</p><p>Eastern Michigan
</p><p>120 Federal Building, 231 West Lafayette Street, Detroit, Michigan 48226
</p><p>Western Michigan
</p><p>514 Federal Building, 110 Michigan Avenue, Grand Rapids, Michigan 49503
</p><p>District of Minnesota
</p><p>523 U.S. Courthouse, 110 South 4th Street, Minneapolis, Minnesota 55401
</p><p>Northern Mississippi
</p><p>PO Box 887, Oxford, Mississippi 38655
</p><p>Southern Mississippi
</p><p>PO Box 959, Jackson, Mississippi 39205
</p><p>Eastern Missouri
</p><p>108 U.S. Courthouse, 1114 Market Street, St. Louis, Missouri 63101
</p><p>Western Missouri
</p><p>509 U.S. Courthouse, 811 Grand Avenue, Kansas City, Missouri 64106
</p><p>District of Montana
</p><p>5110 Federal Building, 316 North 26th Street, Billings, Montana 59101-1362
</p><p>District of Nebraska
</p><p>PO Box 1477, Omaha, Nebraska 68101
</p><p>District of Nevada
</p><p>PO Box 16039, Las Vegas, Nevada 89101
</p><p>District of New Hampshire
</p><p>PO Box 1435, Concord, New Hampshire 03302
</p><p>District of New Jersey
</p><p>PO Box 186, Newark, New Jersey 07101
</p><p>District of New Mexico
</p><p>PO Box 444, Albuquerque, New Mexico 87103
</p><p>Northern New York
</p><p>213 Federal Building, 10 Broad Street, Utica, New York 13501
</p><p>Eastern New York
</p><p>172 U.S. Courthouse, 225 Cadman Plaza East, Brooklyn, New York 11201
</p><p>Southern New York
</p><p>114 U.S. Courthouse Annex, 1 St. Andrew’s Plaza, New York, New York 10007
</p><p>Western New York
</p><p>129 U.S. Courthouse, 68 Court Street, Buffalo, New York 14202
</p><p>Eastern North Carolina
</p><p>PO Box 25640, Raleigh, North Carolina 27611
</p><p>Middle North Carolina
</p><p>PO Box 1528, Greensboro, North Carolina 27402
</p><p>Western North Carolina
</p><p>PO Box 710, Ashevile, North Carolina 28802
</p><p>District of North Dakota
</p><p>PO Box 2425, Fargo, North Dakota 58108-2425
</p><p>Northern Ohio
</p><p>B-1 U.S. Courthouse, 201 Superior Avenue, Cleveland, Ohio 44114
</p><p>Southern Ohio
</p><p>PO Box 688, Cincinnati, Ohio 45201
</p><p>Northern Oklahoma
</p><p>PO Box 1097, Tulsa, Oklahoma 74101
</p><p>Eastern Oklahoma
</p><p>PO Box 738, Muskogee, Oklahoma 74402
</p><p>Western Oklahoma
</p><p>PO Box 886, Oklahoma City, Oklahoma 73101
</p><p>District of Oregon
</p><p>420 U.S. Courthouse, 620 Southeast Main Street, Portland, Oregon 97205-3087
</p><p>Eastern Pennsylvania
</p><p>2110 U.S. Courthouse, 601 Market Street, Philadelphia, Pennsylvania 19106
</p><p>Middle Pennsylvania
</p><p>PO Box 310, Scranton, Pennsylvania 18501
</p><p>Western Pennsylvania
</p><p>539 U.S. Courthouse, 7th &amp; Grant Streets, Pittsburgh, Pennsylvania 15219
</p><p>District of Puerto Rico
</p><p>PO Box 3748, San Juan, Puerto Rico 00904
</p><p>District of Rhode Island
</p><p>PO Box 1524, Providence, Rhode Island 02901
</p><p>District of South Carolina
</p><p>PO Box 1774, Columbia, South Carolina 29202
</p><p>District of South Dakota
</p><p>PO Box 1193, Sioux Falls, South Dakota 57101
</p><p>Eastern Tennessee
</p><p>PO Box 551, Knoxville, Tennessee 37901
</p><p>Middle Tennessee
</p><p>866 U.S. Courthouse, 801 Broadway, Nashville, Tennessee 37203
</p><p>Western Tennessee
</p><p>1029 Federal Building, 167 North Main Street, Memphis, Tennessee 38103
</p><p>Northern Texas
</p><p>1100 Commerce Street, 16F47 Federal Building, Dallas, Texas 75242
</p><p>Eastern Texas
</p><p>PO Box 299, Tyler, Texas 75710
</p><p>Southern Texas
</p><p>PO Box 61608, Houston, Texas 77208
</p><p>Western Texas
</p><p>235 U.S. Courthouse, 655 East Durango Boulevard, San Antonio, Texas 78206
</p><p>District of Utah
</p><p>PO Box 1234, Salt Lake City, Utah 84110
</p><p>District of Vermont
</p><p>621 Federal Building, Elmwood Avenue &amp; Pearl Street, Burlington, Vermont 05402
</p><p>Eastern Virginia
</p><p>104 Federal Building, PO Box 20227-22320, 200 South Washington Street, Alexandria, Virginia
22312
</p><p>Western Virgina
</p><p>PO Box 2280, Roanoke, Virginia 24009
</p><p>District of the Virgin Islands
</p><p>PO Box 9018, St. Thomas, Virgin Islands 00801
</p><p>Eastern Washington
</p><p>PO Box 1463, Spokane, Washington 99210
</p><p>Western Washington
</p><p>300 U.S. Courthouse, 1010 5th Avenue, Seattle, Washington 98104-1188
</p><p>Northern West Virginia
</p><p>PO Box 1454, Elkins, West Virginia 26241
</p><p>Southern West Virginia
</p><p>PO Box 2667, Charleston, West Virginia 25330
</p><p>Eastern Wisconsin
</p><p>310 Federal Building, 517 East Wisconsin Avenue, Milwaukee, Wisconsin 53202
</p><p>Western Wisconsin
</p><p>440 Federal Courthouse, 120 N. Henry Street, Madison, Wisconsin 53703-2559
</p><p>District of Wyoming
</p><p>PO Box 768, Cheyenne, Wyoming 82003


	</p></xhtmlContent></routineUses>
<section id="justice1" toc="yes">
<systemNumber>-001</systemNumber>
<subsection type="systemName">Accounting Systems for the Department of Justice (DOJ).
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>The DOJ Accounting Systems may be Sensitive But Unclassified (SBU) or Classified.
</p></xhtmlContent></subsection>
	<subsection type="systemLocation"><xhtmlContent><p>Justice Management Division, 950 Pennsylvania Ave., NW., Washington, DC 20530 [Internet Web
site: www.usdoj.gov]; Central Offices of the Bureau of Prisons (BOP) at 320 1st St., NW.,
Washington, DC 20534 and Federal Prison Industries (FPI) at 400 1st St., NW., Washington, DC 20534
[Internet Web site: www.UNICOR.Gov]; and at any BOP/FPI Regional Offices and/or any of the BOP/FPI
facilities at addresses provided in 28 CFR part 503 [and at the BOP Internet Web site: www.bop.gov];
Headquarters of the Drug Enforcement Administration (DEA), Office of Finance, 700 Army Navy Drive,
Arlington, VA., 22202; and at DEA field offices listed as detailed in DEA-999 [and at the DEA
Internet Web site: www.dea.gov]; Federal Bureau of Investigation (FBI) Headquarters at 935
Pennsylvania Ave., NW., Washington, DC 20535; and at FBI field offices as detailed in Justice/FBI
-999 [and at the FBI Internet Web site: www.fbi.gov]; Office of Justice Programs (OJP), 810
7th Street, NW., Washington, DC 20531 [Internet Web site: www.ojp.gov]; U.S. Marshals Service
(USMS), CS-3, 11th Floor, Washington, DC 20530-1000; and at 94 district offices of the
USMS [listed at the USMS Internet Web site: www.usms.gov]; Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATF), 650 Massachusetts Ave., NW., Washington, DC 20226 and at field offices [listed at
the ATF Internet Web site: www.atf.gov].
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals/persons (including DOJ employees; and including current and former inmates under
the custody of the Attorney General) who are in a relationship, or who seek a relationship, with the
DOJ or a component thereof--a relationship that may give rise to an accounts receivable, an
accounts payable, or to similar accounts such as those resulting from a grantee/grantor
relationship; and federal debtors, including those who have received overpayments through direct
financial assistance, those who owe debts of restitution based on civil or criminal judgments
entered by federal courts, and those who have obtained insured or guaranteed loans from federal
agencies, and whose delinquent debts have been sent by client federal agencies to the DOJ for
enforced collection through litigation. Included may be:
</p><p>(a) Those for whom vouchers (except payroll vouchers for DOJ employees) are submitted to DOJ
requesting payment for goods or services rendered including vendors, contractors, experts,
witnesses, court reporters, travelers, and employees;
</p><p>(b) Those to whom the DOJ is indebted or who may have a claim against the DOJ, including those
named in (a) above;
</p><p>(c) Those who are indebted to DOJ, e.g., those receiving goods, services, or benefits from DOJ;
those who are liable for damage to Government property; those indebted for travel/transfer advances
and overpayments; and those owing administrative fees and/or assessments; and
</p><p>(d) Those who apply for DOJ benefits, funds, and grants.
</p><p>(e) Those who have made partial or full payments to be applied to their federal debt.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>(1) All documents used to reserve, obligate, process, and effect collection or payment of
funds, <i>e.g.</i>, vouchers (excluding payroll vouchers), invoices, purchase orders, travel
advances, travel/transfer vouchers and other such documentation reflecting information about: (a)
Payments due or made to, (b) claims made or debts owed by the individuals covered by this system,
including fees, fines, penalties, overpayments, and/or other assessments; all documents used to
comply with reporting regulations of the Internal Revenue Service of the Department of Treasury; and
(3) all documentation and information pertaining to the receipt of payments made by or on the behalf
of federal debtors against their debts and the disbursement or transfer of those payments by DOJ to
the appropriate recipients.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>31 U.S.C. 3512; 44 U.S.C. 3101.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>This system of records is used by DOJ officials to maintain information adequate to ensure
the financial accountability of the individuals covered by this system; provide an accounting and
reporting of DOJ financial activities; meet both internal and external audit and reporting
requirements; maintain an accounts receivable and accounts payable; and otherwise administer these
and any other related financial and accounting responsibilities.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>DOJ may disclose relevant information as follows:
</p><p>(1) To the Secretary of the Treasury to effect disbursement of authorized payments.
</p><p>(2) To any Federal agency or to any individual or organization for the purpose of performing
audit or oversight operations of the DOJ and to meet related reporting requirements.
</p><p>(3) 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.
</p><p>(4) To Federal, State, local, tribal, foreign, or international licensing agencies or
associations which require information concerning the suitability or eligibility of an individual
for a license or permit.
</p><p>(5) Where a record, either on its face or in conjunction with other information, indicates a
violation or potential violation of law--criminal, civil, or regulatory in nature--the
relevant records may be referred to the appropriate Federal, State, local, foreign, or tribal, law
enforcement authority or other appropriate agency charged with the responsibility of investigating
or prosecuting such a violation or enforcing or implementing such law.
</p><p>(6) 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.
</p><p>(7) In an appropriate proceeding before a court, 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 holds the
records to be relevant to the proceeding.
</p><p>(8) 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.
</p><p>(9) 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.
</p><p>(10) To the National Archives and Records Administration in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>(11) To any Federal, State, or local agency, or tribal authority, which has a financial or other
legitimate need for the information to perform official duties; or, similarly, to obtain information
which would enable the Department to perform its official duties. Examples include: to permit such
agency to perform accounting functions or to report to the Department of the Treasury regarding the
status of a Federal employee/contractor debt owed to such Federal, State, or local agency, or tribal
authority; to report on the status of Department efforts to collect such debt; to obtain information
necessary to identify a Federal employee/contractor indebted to such agency; to provide information
regarding the location of such debtor; or to obtain information which would permit the Department to
confirm a debt and/or offset a payment otherwise due a Federal employee/contractor after any
appropriate due process steps have been taken.
</p><p>(12) To any Federal, State, local, or foreign agency, or tribal authority, or to any individual
or organization, if there is reason to believe that such agency, authority, individual, or
organization possesses information relating to a debt, the identity or location of the debtor, the
debtor’s ability to pay; or relating to any other matter which is relevant and necessary to the
settlement, effective litigation and enforced collection of a debt; or relating to the civil action,
trial or hearing concerning the collection of such debt; and if the disclosure is reasonably
necessary to elicit such information and/or obtain cooperation of a witness or agency;
</p><p>(13) To the U.S. Department of the Treasury, the U.S. Department of Defense, the U.S. Postal
Service, or other disbursing agencies, in order to effect administrative, salary, or tax refund
offset against Federal payments to collect a delinquent claim or debt owed the United States, or a
State; to satisfy a delinquent child support debt; or to effect other actions required or permitted
by law to collect such debt.
</p><p>(14) To the U.S. Department of the Treasury any information regarding adjustments to delinquent
debts, such as voluntary payments which decrease the debt, changes in the debt status resulting from
bankruptcy, any increase in the debt, or any decrease in the debt resulting from changes in agency
statutory requirements.
</p><p>(15) To employers to effect salary or administrative offset to satisfy a debt owed the United
States by the debtor or, when other collection efforts have failed, to the Internal Revenue Service
(IRS) to effect an offset against Federal income tax refund due.
</p><p>(16) To employers to institute administrative wage garnishments to recover debts owed the United
States.
</p><p>(17) To debt collection centers designated by the U.S. Department of the Treasury (or to a person
with whom the DOJ has entered into a contract) to locate or recover assets of the DOJ; or for sale
of a debt; or to otherwise recover indebtedness owed.
</p><p>(18) In accordance with regulations issued by the Secretary of the Treasury to implement the Debt
Collection Improvement Act of 1996, to publish or otherwise publicly disseminate information
regarding the identity of the person and the existence of a non-tax debt in order to direct actions
under the law toward delinquent debtors that have assets or income sufficient to pay their
delinquent non-tax debts, but only upon taking reasonable steps to ensure the accuracy of the
identity of a debtor; upon ensuring that such debtor has had an opportunity to verify, contest, and
compromise a non-tax debt; and with the review of the Secretary of Treasury.
</p><p>(19) To the IRS for reporting a discharged debt as potential taxable income.
</p><p>(20) To the IRS to obtain taxpayer mailing addresses for debt collection use. These taxpayer
mailing addresses may be disclosed
</p><p>(a) To private collection contractors to locate a taxpayer and to collect or compromise a claim
against, or debt of, the taxpayer, and
</p><p>(b) To consumer or commercial reporting agencies to obtain a credit report.
</p><p>(21) To the Department of Health and Human Services, and the Department of Labor, for computer
matching in order to obtain names (including names of employees), name controls, names of employers,
Taxpayer Identification Numbers, addresses (including addresses of employers) and dates of birth for
the purpose of verifying identities in order to pursue the collection of debts.
</p><p>(22) To other Federal or State agencies as required by law.
</p><p>(23) To a consumer or commercial reporting agency in accordance with the Debt Collection
Improvement Act of 1996.
</p><p>(24) 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.
</p><p>(25) To a person or to an entity (e.g., the U. S. Department of the Treasury and/or a consumer or
commercial reporting agency), Taxpayer Identification Numbers (TIN’s), to report on delinquent debt
and/or to pursue the collection of debt, or where otherwise necessary or required, e.g., U. S.
Department of the Treasury for disbursement of payments authorized--provided such disclosure is
not otherwise prohibited by Section 6103 of the Internal Revenue Code, or other law.
</p><p>(26) The Department of Justice may disclose relevant and necessary information 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.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Only as noted in Routine Use 20(b) and Routine Use 23 in the <i>Federal Register</i> notice
of June 3, 2004 (69 FR 31406).
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Magnetic disks, magnetic tapes, microfiche, microfilm, file folders, and digitized images,
or any other media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Document number, name, taxpayer identification number, digital identifiers, batch, or other
identifiers.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>All data will be protected in accordance with applicable DOJ and federal guidance, policies,
and directives based on the security classification of the information/system. Access is limited to
DOJ personnel with a need to know. Access to computerized information is controlled by passwords, or
similar safeguards, which are issued only to authorized personnel. Records are retained in the form
of digitized images on a server to which limited workstations have access. Passwords control access
to the server from these workstations. Paper records, and some computerized media, are kept in
locked files of locked offices during off duty hours. In addition, servers, workstations, and
offices are located in controlled-access buildings.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are retained and disposed of in accordance with General Records Schedules 6 and 7.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>DAAG/Controller, Finance Staff, Justice Management Division (JMD), U.S. Department of
Justice, 950 Pennsylvania Ave., NW., Washington, DC 20530.
</p><p>Director, Federal Bureau of Prisons (BOP), 320 First St., NW., Washington, DC 20534. [The
Director, BOP, is also system manager for Federal Prison Industries (FPI).]
</p><p>Chief Financial Officer, Financial Management Division, Drug Enforcement Administration (DEA),
700 Army Navy Drive, Arlington, VA 22202.
</p><p>Director, Federal Bureau of Investigation (FBI), 935 Pennsylvania Ave., NW., Washington, DC
20535.
</p><p>Director, Accounting Division, Office of Justice Programs (OJP), 810 7th Street, NW., Washington,
DC 20531.
</p><p>Chief, Finance Staff, Management and Budget Division, U.S. Marshals Service, CS-3, 11th
Floor, Washington, DC 20530-1000.
</p><p>Office of Management/Chief Financial Officer, Bureau of Alcohol, Tobacco, Firearms and
Explosives, 650 Massachusetts Ave., NW., Washington, DC 20226.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as record access procedures.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Request for access to records in this system must be in writing and should be addressed as
follows:
</p><p>JMD: For records of the Offices, Boards and Divisions, address requests to the system manager
named above for JMD.
</p><p>OJP: Address request to the system manager named above.
</p><p>BOP: Address requests to the Assistant Director, Administration Division, 320 First Street, NW.,
Washington, DC 20534.
</p><p>FPI: Address requests to Assistant Director, Federal Prison Industries, 400 First Street, NW.,
Washington, DC 20534.
</p><p>USMS: Address requests to the system manager named above, attention: FOIA/PA Officer.
</p><p>DEA: Address requests to the system manager named above.
</p><p>FBI: Address requests to the system manager named above.
</p><p>ATF: Address request to Disclosure Division, Privacy Act Request, Bureau of Alcohol, Tobacco,
Firearms and Explosives, 650 Massachusetts Avenue, NW., Washington, DC 20226.
</p><p>The envelope and 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. If known, the requester should also identify the
date or year in which a debt was incurred, e.g., date of invoice or purchase order.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request 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. A determination whether a record may be amended will be made at the time a request is
received.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Individuals covered by the system, Federal agencies, and banking/credit institutions under
contract to provide financial services related to this system of records to the Department.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="justice2" toc="yes">
<systemNumber>-002</systemNumber>
<subsection type="systemName">Department of Justice (DOJ) Computer Systems Activity and Access Records, DOJ-002.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Department of Justice offices (and other sites utilized by the Department of Justice)
throughout the world.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals who access DOJ network computers or mainframe/enterprise servers, including
individuals who send and receive electronic communications, access Internet sites, or access system
databases, files, or applications from DOJ computers or sending electronic communications to DOJ
computers; and individuals attempting to access DOJ computers or systems without authorization.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records in this system of records may include: Records on the use of the interoffice and
Internet e-mail systems, including the e-mail address of the sender and receiver of the e-mail
message, subject, date, and time; records on user access to DOJ’s office automation networks,
including user ID, date and time of log on and log off, and denials of access to unauthorized files
or directories; records of Internet access from a DOJ computer, such as the Internet Protocol (IP)
address of the computer being used to initiate the Internet connection, the site accessed, date, and
time; records relating to mainframe/enterprise server access, such as user ID of the individual
accessing the mainframe, date and time, and the process being run on the mainframe; records relating
to verification or authorization of an individual’s access to systems, files, or applications, such
as user IDs, passwords, user names, title, and agency.
</p><p>Logs of Internet access from a DOJ computer do not contain names or similar personal identifiers.
However, for official government business purposes, a name may be associated with an IP address.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The Computer Security Act of 1987, 40 U.S.C. 1441 note, requires Federal Agencies to plan
for the security and privacy of their computer systems.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>the underlying raw data in this system of records is used by DOJ systems and security
personnel, or persons authorized to assist these personnel, to plan and manage system services and
to otherwise perform their official duties. Authorized DOJ managers may use the records in this
system to investigate improper access or other improper activity related to computer system access;
to initiate disciplinary or other such action; and/or where the record(s) may appear to indicate a
violation or potential violation of the law, to refer such record(s) to the appropriate
investigative arm of DOJ, or other law enforcement agency for investigation.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Information maybe made available in accordance with the disclosure provisions cited below.
</p><p>1. To members of Congress or staff to respond to inquiries made on behalf of individual
constituents who are record subjects.
</p><p>2. To representatives of the General Services Administration and/or the National Archives and
Records Administration who are conducting records management inspections under the authority of 44
U.S.C. 2904 and 2906.
</p><p>3. To the news media and the public pursuant to 28 CFR 50.2 unless it is determined that the
release of the specific information in the context of a particular case would constitute an
unwarranted invasion of personal privacy.
</p><p>4. To a Federal, state, local, tribal or foreign agency, or a private contractor, in connection
with: The hiring or retention of any employee; the issuance of a security clearance; the conduct of
a security or suitability investigation or pursuit of other appropriate personnel matter; the
reporting of an investigation on an employee; the letting of a contract; or the issuance of a grant,
license, or other benefit to an employee by the agency, but only to the extent that the information
disclosed is relevant and necessary to the agency’s decision on the matter.
</p><p>5. To provide information to any person(s) authorized to assist in an approved investigation of
improper usage of DOJ computer systems.
</p><p>6. To an actual or potential party or his or her authorized representative for the purpose of
negotiation or discussion on such matters as settlement of the case or matter, or informal discovery
proceedings.
</p><p>7. In the event that material in this system of records appears to indicate, either on its face
or in conjunction with other information, a violation or potential violation of law, whether civil,
criminal, or regulatory in nature, and whether arising by general statute, or by regulation, rule,
or order issued pursuant thereto, to a Federal, State local tribal, or foreign unit of government
charged with the responsibility therefor.
</p><p>8. In a proceeding before a court or adjudicative body, when any of the following is a party to
litigation or has an interest in litigation and such records are determined by the DOJ to be
arguably relevant to the litigation: The DOJ; any employee of the DOJ in his or her official
capacity; or any employee of the DOJ in his or her individual capacity where the DOJ has agreed to
represent or has authorized private attorneys to represent the employees; or, the United States,
where the DOJ determines that the litigation is likely to affect it or any of its subdivisions.
</p><p>9. To contractors, grantees, experts, consultants, detailees, and other non-DOJ employees
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.
</p><p>10. To other government agencies where required by law.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are stored in electronic and/or paper form.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records may be retrieved by user name, user ID, e-mail address, or other identifying search
term employed, depending on the record category. The Department does not usually connect IP
addresses with a person. However, in some instances, for official government business purposes, the
Department may connect the IP address with an individual, and records may be retrieved by IP
address.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access is limited to those who have an official need to know. Specifically, only systems and
security personnel or persons authorized to assist these personnel have access to automated records
and magnetic storage media. These records are kept in a locked room with controlled entry. The use
of password protection identification features and other automated data processing system protection
methods also restrict access. All records are located in buildings with restricted access.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records of verification, authorization, computer system access, and other activities
generated by the system shall be retained no longer than one year, unless required for management
review, then destroyed/deleted. (Records retention schedule pending approval by the Archivist of the
United States.)
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Deputy Assistant Attorney General, Information Resources Management, Justice Management
Division, Department of Justice, Washington, DC 20530.
</p><p>Notification procedure:
</p><p>To determine whether the system may contain records relating to you, write to the System Manager
identified above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as "Notification Procedure"  above. Provide name, assigned computer location, and a
description of information being sought, including the time frame during which the record(s) may
have been generated. Provide verification of identity as instructed in 28 CFR 16.41(d).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>See "Notification Procedure"  and "Record Access Procedure"  above. Identify the information
being contested, the reason for contesting it, and the correction requested. In general, this
information is computer-generated and is not subject to contest.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Most records are generated internally, i.e., computer activity logs; individuals covered by
the system; and management officials.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="justice3" toc="yes">
<systemNumber>-003</systemNumber>
<subsection type="systemName">Correspondence Management Systems (CMS) for the Department of Justice.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice, 950 Pennsylvania Ave., NW., Washington, DC 20530, and other
Department of Justice offices throughout the country.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals originating, receiving, or named in correspondence (including attachments) to or
form the Department or whose correspondence is referred to the Department, or persons communicating
electronically or by telephone with the Department regarding official business of the Department,
including Members of Congress, other government officials, individuals, and their representatives;
individuals originating, receiving, or named in internal memoranda (including attachments) within
the Department, including DOJ employees, contractors, and individuals relating to investigators,
policy decisions, or administrative matters of significance to the Department of Justice; in some
instances, Department of Justice personnel assigned to handle such correspondence and other matters.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Correspondence identification (e.g., correspondence’s name, address, title, organization,
control number, date of correspondence, date received, subject); status of response within the
Department; may include original correspondence, Department’s response, office or staff member
assigned to handle the matter, referral letters, name and identification of person referring the
correspondence, copies of any enclosures, and related materials. Some internal memoranda, e-mail
correspondence, and logs/notes of official telephone calls to/by Department staff are also tracked.
Records may include case files, litigation materials, reports, or other goods on a given subject or
individual. This material varies according to the wide scope of the responsibilities of the
Department of Justice. Correspondence identification and tracking information, as well as some
substantive information on these matters is maintained in automated database in electronic format
and/or paper files. This system does not cover systems of records covered by separately-notices
systems.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 301 and 44 U.S.C. 3101.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The System controls and tracks correspondence received or originated by the Department or
referred to the Department, and action taken by the Department in response to correspondence
received, as well as some internal memoranda, action items, e-mail correspondence, and logs/notes of
official telephone calls. It also serves as a reference source for inquiries and response thereto.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Pursuant to subsection (b)(3) of the Privacy Act, information may be disclosed from this
system as follows:
</p><p>A. 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.
</p><p>B. To a Member of Congress or staff acting upon the Member’s behalf when the Member or staff
requests the information on behalf of an individual who is the subject of the record.
</p><p>C. To the General Services Administration and National Archives and Records Administration in
records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>D. Where a record, either on its face or in conjunction with other information, indicates a
violation or potential violation of law, to any civil or criminal law enforcement authority or other
appropriate agency, whether federal, state, local, foreign, or tribal, charged with the
responsibility of investigating or prosecuting such a violation or enforcing or implementing a
statute, rule, regulation, or order.
</p><p>E. In an appropriate proceeding before a court, grand jury, or administrative or regulatory body
when records are determined by DOJ to be arguably relevant to the proceeding.
</p><p>F. 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.
</p><p>G. To a federal agency or entity that requires information relevant to a decision concerning the
hiring, appointment, or retention of an employee, the issuance of a security clearance, the conduct
of a security or suitability investigation, or pursuit of other appropriate personnel matter.
</p><p>H. To a federal, state, local, or tribal agency or entity that requires information relevant to a
decision concerning the lettering of a letter or permit, the issuance of a grant or benefit; or
other need for the information in performance of official duties.
</p><p>I. 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.
</p><p>J. 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.
</p><p>K. To the White House (the President, Vice President, their staffs, and other entities of the
Executive Office of the President (EOP)) for Executive Branch coordination of activities which
relate to or have an effect upon the carrying out of the constitutional, statutory, or other
official or ceremonial duties of the President.
</p><p>L. To such recipients and under such circumstances and procedures as are mandated by federal
statute or treaty.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are stored in electronic form and on paper.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information can be retrieved by correspondence control number; name of individual; subject
matter of topic; or in some cases, by other identifying search term employed.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information in these systems is safeguarded in accordance with applicable rules and
policies, including the Department’s automated systems security and access policies. Tax return
information is safeguarded in accordance with 26 U.S.C. 6103. Classified information is
appropriately stored in safes and in accordance with other applicable requirements. In general,
records and technical equipment are maintained in buildings with restricted access. The required use
of password protection identification features and other system protection methods also restrict
access. Access is limited to those who have an official need for access to perform their official
duties.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are retained and disposed of in accordance with individual component guidelines
approved by the National Archives and Records Administration (SF 115s), and/or pursuant to General
Records Schedule 14, or 23, item 8.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Deputy Assistant Attorney General, Human Resources/Administration, Justice Management
Division, 950 Pennsylvania Ave., NW., Washington, DC 20530.
</p><p>Notification procedure:
</p><p>Address inquiries to System Manager named above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Requests for access must be in writing and should be addressed to the System Manager named
above. The envelope and 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 either notarized
or submitted under penalty of perjury. Some information may be exempt from access provisions as
described in the section entitled "Systems Exempted from Certain Provisions of the Act."  An
individual who is the 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.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the System Manager 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
"Systems Exempted from Certain Provisions of the Act."  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.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in these systems include individuals, state, local, tribal,
and foreign government agencies as appropriate, the executive and legislative branches of the
Federal Government, the Judiciary, and interested third parties. The source of the information on
the control records contained in these systems is derived from incoming and outgoing correspondence
and internal memoranda.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3) and (4); (d)(1), (2),
(3) and (4); (e)(1), (2), (3), (5) and (8); and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j)
and (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 the <i>Federal Register</i>. These exemptions apply only to the
extent that information in a record pertaining to a particular individual is classified to protect
the national security, or relates to official investigations and law enforcement matters. A
determination as to exemption shall be made at the time a request for access or amendment is
received.
</p></xhtmlContent></subsection></section>
<section id="justice4" toc="yes">
<systemNumber>-004</systemNumber>
<subsection type="systemName">Freedom of Information Act, Privacy Act, and Mandatory Declassification Review Records.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Unclassified and classified information.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>United States Department of Justice, 950 Pennsylvania Ave. NW., Washington, DC 20530-
0001, and other Department of Justice offices throughout the country.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The system encompasses all individuals who submit Freedom of Information Act (FOIA), Privacy
Act, and Mandatory Declassification Review Requests and administrative appeals to the Department of
Justice; individuals whose requests and/or records have been referred to the Department of Justice
by other agencies; individuals who submit inquiries to the Department of Justice Office of
Information Policy (OIP) regarding federal agency compliance with the FOIA; and, in some instances,
attorneys representing individuals submitting such requests and appeals, individuals who are the
subjects of such requests and appeals, and/or the Department of Justice personnel assigned to handle
such requests and appeals.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system consists of records created or compiled in response to FOIA, Privacy Act, and
Mandatory Declassification Review requests and administrative appeals, including: The original
requests and administrative appeals; responses to such requests and administrative appeals; all
related memoranda, correspondence, notes, and other related or supporting documentation; and, in
some instances, copies of requested records and records under administrative appeal. This system
also consists of records related to inquiries submitted to OIP regarding federal agency compliance
with the FOIA, and all records related to the resolution of such inquiries.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The system was established and is maintained pursuant to 5 U.S.C. 301 and 44 U.S.C. 3101 to
implement the provisions of 5 U.S.C. 552 and 5 U.S.C. 552a, and the applicable executive order(s)
governing classified national security information.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>This system is maintained for the purpose of processing access requests and administrative
appeals under the FOIA, access and amendment requests and administrative appeals under the Privacy
Act, and requests and administrative appeals for mandatory declassification review under the
applicable executive order(s) governing classified national security information; for the purpose of
participating in litigation regarding agency action on such requests and appeals; for the purpose of
responding to inquiries submitted to OIP regarding federal agency compliance with the FOIA; and for
the purpose of assisting the Department of Justice in carrying out any other responsibilities under
the FOIA, the Privacy Act, and applicable executive orders.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>(a) To a federal, state, local, or foreign agency or entity for the purpose of consulting
with that agency or entity to enable the Department of Justice to make a determination as to the
propriety of access to or correction of information, or for the purpose of verifying the identity of
an individual or the accuracy of information submitted by an individual who has requested access to
or amendment of information.
</p><p>(b) To a federal agency or entity that furnished the record or information for the purpose of
permitting that agency or entity to make a decision as to access to or correction of the record or
information, or to a federal agency or entity for purposes of providing guidance or advice regarding
the handling of particular requests.
</p><p>(c) To a submitter or subject of a record or information in order to obtain assistance to the
Department in making a determination as to access or amendment.
</p><p>(d) To the National Archives and Records Administration, Information Security Oversight Office,
Interagency Security Classification Appeals Panel, for the purpose of adjudicating an appeal from a
Department of Justice denial of a request for mandatory declassification review of records, made
under the applicable executive order(s) governing classification.
</p><p>(e) To appropriate agencies, for the purpose of resolving an inquiry regarding federal agency
compliance with the Freedom of Information Act.
</p><p>(f) To the National Archives and Records Administration, Office of Government Information
Services (OGIS), to the extent necessary to fulfill its responsibilities in 5 U.S.C. 552(h), to
review administrative agency policies, procedures, and compliance with the Freedom of Information
Act, and to facilitate OGIS’ offering of mediation services to resolve disputes between persons
making FOIA requests and administrative agencies.
</p><p>(g) 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.
</p><p>(h) 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.
</p><p>(i) 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.
</p><p>(j) Where a record, either alone or in conjunction with other information, indicates a violation
or potential violation of law--criminal, civil, or regulatory in nature--the relevant
records may be referred to the appropriate federal, state, local, territorial, tribal, or foreign
law enforcement authority or other appropriate entity charged with the responsibility for
investigating or prosecuting such violation or charged with enforcing or implementing such law.
</p><p>(k) To appropriate officials and employees of a federal agency or entity when the information is
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 investigation; the letting of a
contract; or the issuance of a grant or benefit.
</p><p>(l) 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.
</p><p>(m) 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.
</p><p>(n) 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><p>(o) 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.
</p><p>(p) To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.
</p><p>(q) To such recipients and under such circumstances and procedures as are mandated by federal
statute or treaty.
  <p>(r) To another Federal agency or Federal entity, when the Department 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.</p>      
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records in this system are stored on paper and/or in electronic form. Records that contain
national security information and are classified are stored in accordance with applicable executive
orders, statutes, and agency implementing regulations.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by the name of the requester or appellant; the number assigned to the
request or appeal; and in some instances the name of the attorney representing the requester or
appellant, the name of an individual who is the subject of such a request or appeal, and/or the name
or other identifier of Department of Justice personnel assigned to handle such requests or appeals.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information in this system is safeguarded in accordance with applicable laws, rules, and
policies, including the Department’s automated systems security and access policies. Classified
information is appropriately stored in safes and in accordance with other applicable requirements.
In general, records and technical equipment are maintained in buildings with restricted access. The
required use of password protection identification features and other system protection methods also
restrict access. Access is limited to those officers and employees of the agency who have an
official need for access in order to perform their duties.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are retained and disposed of in accordance with the National Archives and Records
Administration’s General Records Schedule 14.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Chief of Staff, Office of Information Policy, United States Department of Justice, 950
Pennsylvania Avenue NW., Washington, DC 20530-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as Record Access Procedures.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Records concerning initial requests under the FOIA, the Privacy Act, and the applicable
executive order(s) governing classified national security information are maintained by the
individual Department of Justice component to which the initial request was addressed or directed.
Inquiries regarding these records should be addressed to the particular Department of Justice
component maintaining the records.
</p><p>Records concerning administrative appeals for access requests under the FOIA; records concerning
administrative appeals for access requests and accountings of disclosure requests under the Privacy
Act; records concerning administrative appeals for access requests under the applicable executive
order(s) governing classified national security information, with the exception of those made to the
United States Parole Commission; and records concerning inquiries submitted to OIP regarding federal
agency compliance with the FOIA, are maintained by OIP. Inquiries regarding these records should be
addressed to the Office of Information Policy, United States Department of Justice, 950 Pennsylvania
Avenue NW., Washington, DC 20530-0001. Inquiries regarding administrative appeals made to the
United States Parole Commission should be addressed to the United States Parole Commission, United
States Department of Justice, 950 Pennsylvania Avenue NW., Washington, DC 20530-0001.
</p><p>Records concerning administrative appeals for amendment requests under the Privacy Act should be
addressed to the Office of Privacy and Civil Liberties, United States Department of Justice, 1331
Pennsylvania Ave. NW., Suite 1000, National Place Building, Washington, DC 20350-0001.
</p><p>All requests for access must be in writing and should be addressed to the System Manager named
above. The envelope and 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
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.
</p><p>Although no specific form is required, you may obtain forms for this purpose 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 on the Department of
Justice Web site at <i>www.usdoj.gov/04foia/att_d.htm</i>.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals seeking to contest or amend information maintained in the system should direct
their requests to the appropriate office indicated in the "Record Access Procedures"
section, 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 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 seek amendment of
those records that are not exempt. A determination of whether a record is exempt from amendment will
be made after a request is received.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Those individuals who submit initial requests and administrative appeals pursuant to the
FOIA, the Privacy Act, or the applicable executive order(s) governing classified national security
information; the agency records searched in the process of responding to such requests and appeals;
Department of Justice personnel assigned to handle such requests and appeals; other agencies or
entities that have referred to the Department of Justice requests concerning Department of Justice
records, or that have consulted with the Department of Justice regarding the handling of particular
requests; agencies or individuals who have submitted an inquiry to OIP regarding federal agency
compliance with the FOIA and agencies that are the subjects of such inquiries; and submitters or
subjects of records or information that have provided assistance to the Department of Justice in
making access or amendment determinations.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3) and (4), (d)(1), (2),
(3), and (4); (e)(1), (2), (3), (5), and (8); and (g) of the Privacy Act pursuant to 5 U.S.C.
552a(j) and (k). These exemptions apply only to the extent that information in the system is subject
to exemption pursuant to 5 U.S.C. 552a(j) and (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 the <i>Federal
Register</i>.
</p></xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
77 FR 26580 (May 4, 2012): Last published in full. </xhtmlContent></subsection>
</section>
<section id="justice5" toc="yes">
<systemNumber>-005</systemNumber>
<subsection type="systemName">Nationwide Joint Automated Booking System (JABS).
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Sensitive but Unclassified.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>JABS Program Management Office, Department of Justice, Washington, DC 20530 with data
collection sites in multiple federal locations.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Alleged criminal offenders who have been detained, arrested, booked, or incarcerated. The
remainder of this notice will refer to all persons covered by the System as "alleged criminal
offender"  or "arrestee" .
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records may include certain generic or "common"  data elements which have been collected by
an arresting federal agency at its automated booking station (ABS). An agency may book an alleged
criminal offender on behalf of another agency which performed the arrest. Such common data (certain
data elements) have been identified by law enforcement as those case and biographical data routinely
collected by the law enforcement community during the booking process, <i>e.g.</i>, name, date and
place of birth, citizenship, hair and eye color, height and weight, occupation, social security
number, place, date and time of arrest and jail location, charge, disposition, any other pertinent
information related to known activities relevant or unique to the subject. Finally, such data may
include electronic fingerprints, mugshots, and pictures of applicable scars, marks, and tattoos.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>8 U.S.C. 1324 and 1357(f) and (g); 28 U.S.C. 534, 564, 566;
5 U.S.C. 301 and 44 U.S.C. 3101; 18 U.S.C. 3621, 4003, 4042, 4082, 4086; 26 U.S.C. 7608; and
Comprehensive Drug Abuse Prevention and Control Act of 1970 (Pub. L. 91-513), 21 U.S.C. 801 <i>et seq.</i> and Reorganization Plan No. 2 of 1973.
</p><p>Purpose:</p>
<p>Nationwide JABS enables the conduct of automated booking procedures by participating law
enforcement organizations and provides an automated capability to transmit fingerprint and image
data to the Federal Bureau of Investigation’s (FBI) Integrated Automated Fingerprint Identification
System (IAFIS), Justice/FBI-009 Fingerprint Identification Records Systems (FIRS). JABS
maintains a repository of common offender data elements for identification of arrestees by
participating federal law enforcement organizations. JABS eliminates repetitive booking of offenders
for a single arrest and booking, and thereby eliminates the need for duplicate bookings, i.e., the
collection of much the same data by multiple agencies in prisoner processing activities involving
such agencies from arrest through incarceration. In addition, JABS standardized booking data
elements, enabling cross-agency sharing of booking information, enhancing cooperation among law
enforcement agencies, and reducing the threat to law enforcement officials and the public by
facilitating the rapid and positive identification of offenders.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Where necessary and/or appropriate, the DOJ may disclose relevant information from the JABS
repository and may allow electronic access as follows:
</p><p>a. To authorized federal law enforcement agencies to input and retrieve booking and arrests data
on criminal offenders. In addition, the JABS repository may be electronically accessed by these
agencies for other law enforcement purposes such as to learn about the arrest of a fugitive wanted
in several jurisdictions, to verify the identity of an arrestee, or to assist in the criminal
investigation activities.
</p><p>b. To other judicial/law enforcement agencies, <i>i.e.</i>, courts, probation, and parole
agencies, for direct electronic access to JABS to obtain applicable data which will assist them in
performing their official duties.
</p><p>c. 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.
</p><p>d. In an appropriate proceeding before a court, 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.
</p><p>e. 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.
</p><p>f. 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.
</p><p>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.
</p><p>h. 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.
</p><p>i. To the National Archives and Records Administration (NARA) for purposes of records management
inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>j. The Department of Justice may disclose relevant and necessary information 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.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not Applicable.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are stored in computerized media and printed copies. Any paper records kept by
individuals will be appropriately secured.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Data may be retrieved by name, identifying number, or other data elements.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Nationwide JABS has a combination of technical elements that, together, integrate into a
total security infrastructure to ensure access is limited to only pre-authorized users. The key
technical design elements of this architecture include: Encrypted user authentication, redundant
firewalls, virtual private networks, nonrepudiation, data encryption, anti-virus content inspection,
and intrusion detection capabilities. Access to the systems equipment is limited to pre-authorized
personnel through physical access safeguards that are enforced 24 hours a day, seven (7) days a
week. Facilities and offices which house computer systems are protected at all times by appropriate
locks, security guards, and/or alarm systems.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>a. Temporary. Delete from the JABS data base 99 years after the date of the first entry.
</p><p>b. Fingerprints submitted by law enforcement agencies are removed from the system and destroyed
upon the request of the submitting agencies. The destruction of fingerprints under this procedure
results in the deletion from the system of all arrest information related to those fingerprints.
</p><p>c. Fingerprints and related arrest data are removed from the JABS upon receipt of court orders
for expunction when accompanied by necessary identifying information.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>JABS Program Management Office, U.S. Department of Justice, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as "Record Access Procedure."
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Inquiries must be addressed in writing and should be sent to the JABS Program Management
Office, at above address. Provide name, assigned computer location, and a description of information
being sought, including the time frame during which the record(s) may have been generated. Provide
verification of identity as instructed in 28 CFR 16.41(d).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The record subject; federal law enforcement personnel; the courts; and medical personnel.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>Pursuant to 5 U.S.C. 552a(j)(2) and (k)(2), the Attorney General has exempted records in
this system from subsections (c)(3) and (4), (d), (e)(1), (2) and (3), (4)(G) and (H), (e)(5), (e)
(8), (f) and (g) of the Privacy Act. Rules were promulgated in accordance with the requirements of 5
U.S.C. 553(b), (c), and (e) and are codified at 28 CFR 16.131.
</p></xhtmlContent></subsection></section>
<section id="justice6" toc="yes">
<systemNumber>-006</systemNumber>
<subsection type="systemName">Personnel Investigation and Security Clearance Records for the Department of Justice, DOJ
-006.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Not classified.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Washington, DC 20530, other
Department of Justice Component locations (see system manager listings). Working copies of records
may reside temporarily at locations operated by contractors authorized to provide computer services
and other agency functions related to this system of records.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current and former employees of the Department, including but not limited to full and part
time employees, interns, detailees, volunteers, and task force personnel;
</p><p>Current and former contractor employees and prospective contractor employees, for whom an
investigation is initiated and/or conducted; Current and former Congressional staff personnel,
Executive Office of National Security personnel, Office of Independent Counsel personnel, Special
Counsel personnel, Foreign Intelligence Surveillance Act judges and staff, Presidential Transition
personnel, and other individuals employed by or performing services for the Federal Government who
require background investigations;
</p><p>Any or all persons associated with and/or acting for the defense or for the courts in a criminal
proceeding involving classified information and any Department component;
</p><p>Applicants for paid or unpaid employment with the Department for whom an investigation is
initiated and/or conducted; and
</p><p>Individuals who have been investigated for purposes of determining eligibility for access to
sensitive or national security information.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Identifying information regarding the individuals in the Categories of Individuals above,
including one or more of the following: (1) Standard Form 86 "Questionnaire for National Security
Position,"  Standard Form 85P "Questionnaire for Public Trust Positions,"  Standard Form 85P-S
"Supplemental Questionnaire for Selected Positions,"  and/or Standard Form 85 "Questionnaire for
Non-Sensitive Positions"  and predecessor and successor forms of the same type; (2) Copies of
investigative reports from the Office of Personnel Management (OPM), the Federal Bureau of
Investigation (FBI), and/or other Federal investigative agencies; (3) Correspondence, information,
and other supporting documentation related to the investigation and adjudication for public trust
and national security information positions (references in this notice to classified and national
security information include Sensitive Compartmented Information); (4) Form DOJ-555
"Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting
Act"  and other consent or waiver forms, and the results of credit checks; (5) Waivers of the pre-
employment background investigation requirement; (6) Records of security clearance certifications;
(7) Other information relating to the loyalty or trustworthiness of the individual, or relevant to
the individual’s eligibility for access to national security information; and (8) Records reviewed
by the Access Review Committee (ARC) and generated in connection with the ARC appeals procedure
(Executive Order 12968, Section 5.2.(a)(7)).
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Presidential Executive Orders 10450, "Security Requirements for Government Employment"  and
12968, "Access to Classified Information,"  and the Classified Information Procedures Act of 1980.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>Records in this system are used to determine the loyalty, trustworthiness, suitability,
eligibility and/or qualifications of employees for initial or continued employment in the Department
of Justice, and for employment in sensitive positions involving eligibility and continued
eligibility for access to classified information. The records are also used to make similar
suitability and security determinations regarding the employment of contractors to perform a service
for the Department and to establish the trustworthiness for access to classified information of
persons associated with and/or acting for the court or the defense during criminal proceedings, or
in other specified cases where individuals employed by or performing services for the Federal
Government require background investigations, including during Presidential transitions. Records in
this system are also used by the Access Review Committee when an appeal is made to the ARC to review
a security clearance denial or revocation pursuant to E.O. 12968. Records in this system are also
used to track the status and types of investigations, the dates of clearances and level of
clearances.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Disclosure determinations regarding any investigative records from an OPM or FBI
investigation will be made only in accordance with the investigating agency’s disclosure policies.
</p><p>Records or information in this system of records may be disclosed to the following parties when
it has been determined by the Department of Justice that such a need exists:
</p><p>(a) Designated officers and employees of agencies, offices, and other establishments in the
executive, legislative, and judicial branches of the Federal Government, in connection with the
hiring or continued employment of an employee or contractor, the conduct of a suitability or
security investigation of an employee or contractor, or the grant, renewal, suspension, or
revocation of a security clearance, to the extent that the information is relevant and necessary to
the hiring agency’s decision.
</p><p>(b) Designated officers and employees of state or local (including the District of Columbia) 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.
</p><p>(c) Members of a Presidential Transition Team for evaluating potential appointees.
</p><p>(d) Security officials and investigators of Federal Government Agencies or Departments for
liaison or training purposes where appropriate during meetings, conferences, or training courses
involving access to classified material.
</p><p>(e) Federal, state, local, or private entities where appropriate for purposes of certification of
security clearances of participants in training, conferences, meetings, facility visits, and similar
activities.
</p><p>(f) In an appropriate proceeding before a court or administrative or regulatory body when records
are determined by the Department of Justice to be arguably relevant to the proceeding.
</p><p>(g) The intelligence agencies of the Department of Defense, the National Security Agency, and the
Central Intelligence Agency for use in intelligence activities.
</p><p>(h) In the event that a record in this system, either alone or in conjunction with other
information, indicates a violation or potential violation of law--criminal, civil, or
regulatory in nature--the relevant records may be referred to the appropriate federal, state,
local, foreign, or tribal law enforcement authority or other appropriate agency charged with the
responsibility for investigating or prosecuting such violation or charged with enforcing or
implementing such law.
</p><p>(i) An employee’s designated representative in connection with the ARC appeals process.
</p><p>(j) 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.
</p><p>(k) 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.
</p><p>(l) The National Archives and Records Administration in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
</p><p>(m) 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.
</p><p>(n) Former employees 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.
</p><p>(o) 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.
</p><p>(p) Federal, state, and local licensing agencies or associations which require information
concerning the suitability or eligibility of an individual for a license or permit.
</p><p>(q) Such recipients and under such circumstances and procedures as are mandated by federal
statute or treaty.
</p><p>Disclosure to consumer reporting agencies:
</p><p>As stated in the "Categories of Records in the System,"  Item (4).
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Data is stored in electronic media via a configuration of personal computer, client/server,
and mainframe systems architecture. Computerized records are maintained on hard disk, floppy
diskettes, compact discs, magnetic tape, and/or optical disks. Paper files are stored as follows:
(1) In a secure file room with controlled access; (2) locked file cabinets; and/or (3) other
appropriate GSA approved security containers.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Data is retrieved by searching under the individual’s name, social security account number,
or other identifier.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Security measures include the use of safes, locked file cabinets, and/or restricted access
space for manual records. Electronic records are safeguarded in accordance with DOJ rules and policy
governing automated systems security and access. These safeguards include the maintenance of
technical equipment in restricted areas, and the required use of individual passwords and user
identification codes to access the system.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are retained and disposed of in accordance with items 22, 23, 24, and 25 of the
General Records Schedule 18 as approved by the Archivist of the United States. Some records (such as
Presidential Transition records) are retained only temporarily and then transferred to the
appropriate agency.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>For records regarding former and current personnel and contractors employed by the Offices,
Boards, or Divisions (OBDs) as well as records regarding all Department attorneys, interns, honor
program applicants, Schedule C personnel, non-career SES appointments, Presidential appointees, non-
Departmental Federal Government personnel and ARC appeals for OBDs, contact: Director, Security and
Emergency Planning Staff, Attention: Assistant Director Personnel Security Group, Justice Management
Division, U.S. Department of Justice, 20 Massachusetts Avenue, NW., Washington, DC 20530.
</p><p>For records regarding former and current Bureau non-attorney personnel not specifically listed
above and contractors, contact the individual Bureaus:
</p><p>Security Programs Manager, Drug Enforcement Administration, 700 Army Navy Drive, Arlington, VA
22202.
</p><p>Security Programs Manager, Federal Bureau of Prisons, 320 First Street, NW., Washington, DC
20543.
</p><p>Security Programs Manager, Bureau of Alcohol, Tobacco, Firearms and Explosives, 650 Massachusetts
Ave., NW., Room 2240, Washington, DC 20226.
</p><p>Security Programs Manager, Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW.,
Washington, DC 20535.
</p><p>Security Programs Manager, United States Marshals Service, United States Marshals Service
Headquarters, Washington, DC 20530-1000.
</p><p>Security Programs Manager, Executive Office for U.S. Trustees, 20 Massachusetts Avenue, NW., Room
8202, Washington, DC 20530.
</p><p>Security Programs Manager, National Drug Intelligence Center, 319 Washington Street, Johnstown,
PA 15901.
</p><p>Notification procedure:
</p><p>Address inquiries to System Manager named above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p></p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to a record from this system shall be made in writing to the System
Manager, or in the case of the Federal Bureau of Prisons records, to the FOIA/PA Section, with the
envelope and the letter clearly marked "Privacy Act Request."  The request should include a general
description of the records sought and must include the requester’s full name, current address,
social security number, and date and place of birth. The request must be signed, dated, and either
notarized or submitted under penalty of perjury. Some information may be exempt from access
provisions as described in the section entitled "System Exempted from Certain Provisions of the
Act."  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.
</p><p>Requests for copies of the investigative report should be directed to the appropriate
investigative agency: the Office of Personnel Management at 1900 E St., NW., Room 5416, Washington,
DC 20415; the Federal Bureau of Investigation at the address above, or other investigative agency.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request 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 "Systems Exempted from Certain Provisions of the Act."  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.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system are the individuals covered by the system,
individuals and entities contacted by investigators, adjudicators, or other authorized personnel
regarding individuals covered by the system, government records, and consumer reporting agencies.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>The Attorney General has exempted this system from 5 U.S.C. 552a(c)(3) and (4); (d)(1), (2),
(3), and (4); (e)(1), (2), (3), (5) and (8); and (g). 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 (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 have been published in the <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="justice7" toc="yes">
<systemNumber>-007</systemNumber>
<subsection type="systemName">Reasonable Accommodations for the Department of Justice (DOJ), JUSTICE/DOJ-007.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are maintained by designated Component Accommodation Coordinators in Department of
Justice offices throughout the country. Records may be accessed by contacting the System Manager at
the following address: U.S. Department of Justice, 950 Pennsylvania Ave., NW., Washington, DC 20530.
(See Record Access Procedures below.)
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Department of Justice employees and applicants who make requests for reasonable
accommodation on the basis of a disability.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records in this system include identifying information regarding persons requesting
reasonable accommodations (e.g., requestor’s name, title/series/grade, telephone number, date of
request, e-mail address, office, description of accommodation requested, and reason for request) and
the status of the response within the Department. Records in this system may include: The original
written request; the Department’s response; the name, title and telephone number of office or staff
members deciding or referring the matter; related letters/memoranda; copies of any
enclosures/attachments, including medical records; the date an accommodation request was approved or
denied; the reason a request was denied; the date an accommodation was provided; whether the
recommended time frames were met as outlined in the Reasonable Accommodation Procedures; the reason
the reasonable accommodation was needed; the type(s) of reasonable accommodation requested; the
type(s) of accommodation provided; the source of technical assistance; whether medical or other
appropriate supporting information was required to process the request, and if so, an explanation of
why it was required; and other request-related information.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The Rehabilitation Act of 1973, as amended, 29 U.S.C. 791; Executive Order 13164; Equal
Employment Opportunity Commission’s Policy Guidance on Executive Order 13164: Establishing
Procedures to Facilitate the Provision of Reasonable Accommodation, Directives Transmittal Number
915.003, October 20, 2000.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The system documents and tracks requests made to the Department for reasonable
accommodation, and action taken by the Department in response to the requests. It also serves as a
reference source for inquiries and responses thereto on a "need to know"  basis only. The
Accommodation Coordinator(s) in each component of the Department will use these records to develop
cumulative records, without individual identifiers, to track performance in regard to the provision
of reasonable accommodation by the Department.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Pursuant to subsection (b)(3) of the Privacy Act, information may be disclosed from this
system as follows:
</p><p>A. 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.
</p><p>B. To a Member of Congress or staff acting upon the Member’s behalf when the Member or staff
requests the information on behalf of an individual who is the subject of the record.
</p><p>C. To the General Services Administration and National Archives and Records Administration in
records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>D. Where a record, either on its face or in conjunction with other information, indicates a
violation or potential violation of law, to any civil or criminal law enforcement authority or other
appropriate agency, whether federal, state, local, foreign, or tribal, charged with the
responsibility of investigating or prosecuting such a violation or enforcing or implementing a
statute, rule, regulation, or order.
</p><p>E. In an appropriate proceeding before a court, grand jury, or administrative or regulatory body
when records are determined by DOJ to be arguably relevant to the proceeding.
</p><p>F. 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.
</p><p>G. To a federal agency or entity that requires information relevant to a decision concerning the
hiring, appointment, or retention of an employee, the issuance of a security clearance, the conduct
of a security or suitability investigation, or pursuit of other appropriate personnel matter.
</p><p>H. To a federal, state, local, or tribal agency or entity that requires information relevant to a
decision concerning the letting of a license or permit, the issuance of a grant or benefit, or other
need for the information in performance of official duties.
</p><p>I. 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.
</p><p>J. 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.
</p><p>K. To the White House (the President, Vice President, their staffs, and other entities of the
Executive Office of the President (EOP)) for Executive Branch coordination of activities which
relate to or have an effect upon the carrying out of the constitutional, statutory, or other
official or ceremonial duties of the President.
</p><p>L. To such recipients and under such circumstances and procedures as are mandated by federal
statute or treaty.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are stored in paper files and may be entered into an electronic database in the
future.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information can be retrieved by name of the individual making a request for reasonable
accommodation; in the case of electronic databases, information may possibly be retrieved by other
identifying search terms employed.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information in this system is safeguarded in accordance with applicable rules and policies,
including the Department’s automated systems security and access policies. In general, records and
technical equipment are maintained in buildings with restricted access. The required use of password
protection identification features and other system protection methods also restricts access to
electronic information. Access is limited to those who have an official need for access to perform
their official duties.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are retained and disposed of in accordance with the Equal Employment Opportunity
Commission’s Policy Guidance on Executive Order 13164: Establishing Procedures to Facilitate the
Provision of Reasonable Accommodation, Directives Transmittal Number 915.003, October 20, 2000.
Records prepared by Accommodation Coordinators will be kept for a minimum of three years in
accordance with General Records Schedule 1, Item 25g, as approved by the National Archives and
Records Administration. Records related to a particular individual’s accommodation request will be
kept for the duration of the individual’s employment. Applicant information that does not result in
an appointment is kept in accordance with General Records Schedule 1, Item 15. The records in this
system are confidential and will be kept separate and apart from the individual’s personnel file.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Equal Employment Opportunity Staff, Justice Management Division, 950 Pennsylvania
Ave., NW., Washington, DC 20530-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to System Manager named above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Requests for access must be in writing and should be addressed to the System Manager named
above. The envelope and letter should be clearly marked "Privacy Act Access Request."  The request
should include a general description of the records sought, including the component where the
records reside, if known (generally the employing component), and must include the requestor’s full
name, current address, and date and place of birth. The request must be signed and either notarized
or submitted under penalty of perjury.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the System Manager listed above, stating clearly and concisely what information is
being contested, the reasons for contesting it, and the proposed amendment to the information
sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information include individuals who make written requests for reasonable
accommodation, and supporting documentation from, for instance, rehabilitation counselors and
Department decision makers (i.e., usually first line supervisors).
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="justice8" toc="yes">
<systemNumber>-008</systemNumber>
<subsection type="systemName">Department of Justice Grievance Records, Justice/DOJ-008.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records relating to grievances originating in a bureau (defined in 28 CFR 0.1) or an office,
board, or division (defined in 28 CFR 0.1) are located in the central personnel or administrative
office of the bureau, office, board, or division where the grievance originated, except for the
Federal Bureau of Investigation (FBI), which is excluded from coverage under the Agency Grievance
Procedure described in DOJ Order 1200.1, part 3, chapter 2.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current or former Department of Justice employees, except for employees of the FBI, who have
submitted grievances under the Agency Grievance Procedure or in accordance with a negotiated
grievance procedure.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system contains records relating to grievances filed by Department employees under the
Agency Grievance Procedure or under a negotiated grievance procedure. These case files contain all
documents related to each grievance, including statements of witnesses, reports of interviews and
hearings, factfinder’s and/or arbitrator’s findings and recommendations, a copy of the original and
final decision, and related correspondence and exhibits.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 7121; 5 CFR part 771.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The records are maintained and used by the Department to resolve employee concerns about
working conditions, the administration of collective bargaining agreements, employee/supervisor
relations, and work processes.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Based on a determination by the Department of Justice that such a need exists, these records
and information in these records will be disclosed as follows:
</p><p>(1) To the appropriate Federal, State, or local agency responsible for investigating,
prosecuting, enforcing, or implementing a statute, rule, regulation, or order, where the disclosing
agency becomes aware of an indication of a violation or potential violation of civil or criminal law
or regulation;
</p><p>(2) To any source from which additional information is requested in the course of processing a
grievance, to the extent necessary to identify the individual, inform the source of the purpose(s)
of the request, and identify the type of information requested;
</p><p>(3) To a Federal agency (or other establishment in the executive, legislative, and judicial
branches of the Federal Government), in response to its request, in connection with the hiring or
retention of an individual, the issuance of a security clearance, the conducting of a security or
suitability investigation of an individual, the classifying of jobs, the letting of a contract, or
the issuance of a license, grant, or other benefit by the requesting agency, to the extent that the
information is relevant and necessary to the requesting agency’s decision on the matter;
</p><p>(4) To a congressional office in response to an inquiry made at the request of the individual to
whom the record pertains;
</p><p>(5) To the National Archives and Records Administration and the General Services Administration
in records management inspections conducted under authority of 44 U.S.C. 2904 and 2906;
</p><p>(6) In an appropriate proceeding before a court, grand jury, or administrative or regulatory body
when records are determined by DOJ, or the adjudicator, to be arguably relevant to the proceeding.
</p><p>(7) 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.
</p><p>(8) To provide information to officials of labor organizations recognized under the Civil Service
Reform Act when relevant and necessary to their duties of exclusive representation concerning
personnel policies, practices, and matters affecting work conditions;
</p><p>(9) 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;
</p><p>(10) To former employees 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.
</p><p>(11) To specific entities when such disclosure is mandated by federal statute, treaty, or by
government-wide regulation.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>File folders and electronic storage.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>By the names of the individuals on whom the records are maintained.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Lockable metal filing cabinets or a locked room, to which only authorized personnel have
access; and appropriate safeguards for electronic storage.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Disposed of four (4) years after closing of the case.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>(a) Antitrust Division, Executive Officer, 601 D Street, NW., Rm. 10150, Washington, DC
20004.
</p><p>(b) Civil Division, Director, Office of Administration, 1100 L Street, NW., Rm. 9018, Washington,
DC 20530.
</p><p>(c) Civil Rights Division, Executive Officer, 1425 New York Ave., NW., Rm. 5058, Washington, DC
20530.
</p><p>(d) Criminal Division, Executive Officer, Office of Administration, 1400 New York Ave., NW., Rm.
5000, Washington, DC 20530.
</p><p>(e) Environmental and Natural Resources Division, Executive Officer, 601 D Street, NW., Rm. 2038,
Washington, DC 20004.
</p><p>(f) Tax Division, Executive Officer, 601 D Street, NW., Rm. 7802, Washington, DC 20004.
</p><p>(g) Drug Enforcement Administration, Deputy Assistant Administrator for Personnel, 700 Army Navy
Drive, Rm. W3166, Arlington, VA 22202.
</p><p>(h) Executive Office for Immigration Review, Office of the General Counsel, Employee/Labor
Relations Unit, 5107 Leesburg Pike, Suite 2600, Falls Church, VA 22041.
</p><p>(i) Executive Office for United States Attorneys, Office of Legal Counsel, 600 E Street, NW.,
Room 2200, Washington, DC 20530.
</p><p>(j) Executive Office for United States Trustees, Human Resource Division, 20 Massachusetts Ave.,
NW., Rm. 8209, Washington, DC 20530.
</p><p>(k) Federal Bureau of Prisons, Human Resource Management Division, Labor Management Relations and
Security Branch, 320 1st Street, NW., Bldg. 400, Washington, DC 20534.
</p><p>(l) Office of Justice Programs, Office of Administration, Director, Office of Personnel, 810 7th
Street, NW., Rm. 3330, Washington, DC 20531.
</p><p>(m) United States Marshals Service, Assistant Director for Human Resources, 600 Army Navy Drive,
Suite 890, Arlington, VA 22202.
</p><p>(n) Office of the Inspector General, Personnel Officer, 1425 New York Ave., NW., Suite 7000,
Washington, DC 20530.
</p><p>(o) Bureau of Alcohol, Tobacco, Firearms &amp; Explosives, Personnel Division, Employee and Labor
Relations Team, 650 Massachusetts Ave., NW., Rm. 4300, Washington, DC 20010.
</p><p>(p) Other Offices, Boards, and Divisions: Director, Human Resources, Justice Management Division,
1331 Pennsylvania Ave., NW., Suite 1110, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>It is required that individuals submitting grievances be provided a copy of the record under the
grievance process. They may, however, contact the agency personnel or designated office where the
action was processed, regarding the existence of such records on them. They must furnish the
following information for their records to be located and identified: (1) Name, and if different,
name at the time of the case, (2) date of birth, (3) approximate date of closing of the case and
kind of action taken, (4) organizational component involved.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>It is required that individuals submitting grievances be provided a copy of the record under
the grievance process. However, after the action has been closed, an individual may request access
to the official copy of the grievance file by contacting the personnel or designated office of the
bureau, office, board, or division where the action was processed (named above under the caption
"System Manager(s) and Addresses" ). Individuals must provide the following information for their
records to be located and identified: (1) Name, and if different, name at the time of the case, (2)
date of birth, (3) approximate date of closing of the case and kind of action taken, (4)
organizational component involved. Individuals requesting access must also follow the Department’s
Privacy Act regulations (28 CFR 16.41) regarding access to records and verification of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Review of requests from individuals seeking amendment of their records which have been the
subject of a judicial or quasi-judicial action will be limited in scope. Review of amendment
requests of these records will be restricted to determining if the record accurately documents the
action of the agency ruling on the case, and will not include a review of the merits of the action,
determination, or finding.
</p><p>Individuals wishing to request amendment to their records to correct factual errors should
contact the personnel or designated office of the bureau, office, board or division where the
grievance was processed (named above under the caption "System Manager(s) and Addresses" ).
Individuals must furnish the following information for their records to be located and identified:
(1) Name, and if different, name at the time of the case, (2) date of birth, (3) approximate date of
closing of the case and kind of action taken, (4) organizational component involved. Individuals
requesting amendment must also follow the Department’s Privacy Act regulations (28 CFR 16.41)
regarding access and amendment to records and verification of identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records is provided: (1) By the individual on whom the record
is maintained, (2) by testimony of witnesses, (3) by agency officials, (4) from related
correspondence from organizations or persons.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="justice9" toc="yes">
<systemNumber>-009</systemNumber>
<subsection type="systemName">Emergency Contact Systems for the Department of Justice, JUSTICE/DOJ-009.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice, 950 Pennsylvania Ave., NW., Washington, DC 20530, and other
Department of Justice components and offices throughout the world.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Employees, former employees, and other individuals having business with the Department who
have provided contact information.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Home phone numbers, cellular phone numbers, pager numbers, numbers where individuals can be
reached while on travel or otherwise away from the office, home addresses, electronic mail
addresses, names and phone numbers of family members or other contacts, and other contact
information provided by individuals covered by this system of records to the Department.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 301 and 44 U.S.C. 3101.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>To maintain contact information on employees and other individuals in case of emergencies
involving an employee or the Department, or when necessary for official purposes.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Pursuant to subsection (b)(3) of the Privacy Act, information may be disclosed from this
system as follows:
</p><p>A. 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, an individual who is the subject of
the record.
</p><p>B. To the General Services Administration and National Archives and Records Administration in
records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>C. Where a record, either on its face or in conjunction with other information, indicates a
violation or potential violation of law--criminal, civil, or regulatory in nature--the
relevant records may be referred to the appropriate federal, state, local, foreign, or tribal, law
enforcement authority or other appropriate agency charged with the responsibility of investigating
or prosecuting such a violation or enforcing or implementing such law.
</p><p>D. In an appropriate proceeding before a court, 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 holds the
records to be relevant to the proceeding.
</p><p>E. 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.
</p><p>F. 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.
</p><p>G. 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.
</p><p>H. To the White House (the President, Vice President, their staffs, and other entities of the
Executive Office of the President (EOP)), and, during Presidential transitions, to the President
Elect and Vice-President Elect and 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.
</p><p>I. To such recipients and under such circumstances and procedures as are mandated by federal
statute or treaty.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are stored in electronic form and on paper.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by name of individual.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information in these systems is safeguarded in accordance with applicable rules and
policies, including the Department’s automated systems security and access policies. In general,
records and technical equipment are maintained in buildings with restricted access. The required use
of password protection identification features and other system protection methods also restrict
access. Access is limited to those who have an official need for access to perform their official
duties.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records about individuals who are not current Department employees are retained until no
longer needed, pending approval by the National Archives and Records Administration (SF 115); other
records are retained and disposed of in accordance with General Records Schedule 1, item 6.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Deputy Assistant Attorney General, Policy, Management and Planning, MAIN Justice Building,
950 Pennsylvania Ave., NW., Washington, DC 20530
</p></xhtmlContent></subsection>
	<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to System Manager named above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Requests for access must be in writing and should be addressed to the System Manager named
above. The envelope and 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.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request according to the Records Access procedures and to the System Manager listed above,
stating clearly and concisely what information is being contested, the reasons for contesting it,
and the proposed amendment to the information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in these systems include employees and other individuals
covered by this system, and the Federal Government.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="justice10" toc="yes">
<systemNumber>-010</systemNumber>
<subsection type="systemName">Leave Sharing Systems, JUSTICE/DOJ-010.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Not classified.</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Systems are maintained by designated Leave Transfer Coordinators throughout the Department
of Justice (DOJ), Human Resources Offices, with the exception of the Leave Bank Coordinator, whose
system is located at the following address: U.S. Department of Justice, Justice Management Division,
1331 Pennsylvania Ave., NW., Suite 1110, Washington, DC 20530. The Leave Transfer Coordinators’
system location is shown in this notice under the Systems Managers and Addresses.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals covered by the Voluntary Leave Transfer Program (VLTP) are current employees
(recipients and donors) of the DOJ, and employees in other Federal agencies who make voluntary leave
donations to or receive voluntary leave donations from DOJ employees, excluding employees of the
Federal Bureau of Investigations (FBI), Central Intelligence Agency, Defense Intelligence Agency,
National Security Agency or any other Executive Agency or unit thereof, as determined by the
President, whose principal function is the conduct of foreign intelligence or counterintelligence
activities.
</p><p>Individuals covered by the Voluntary Leave Bank Program (VLBP) are current employees of the DOJ,
excluding the FBI and Executive Office for U.S. Trustees.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records maintained in the Voluntary Leave Transfer (VLT) system include two categories of
records: Recipient records--VLT Recipient application, medical records, time and attendance
report, and related comments; and Donor records--Authorization to Transfer Leave application,
time and attendance report, and related comments.
</p><p>Records maintained in the Voluntary Leave Bank (VLB) system include two categories of records:
Recipient records--VLB Recipient application, medical records, time and attendance report, and
related comments; and Donor records--Request for Leave or Approved Absence (SF-71), time
and attendance report, and related comments.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 5, United States Code, Chapter 63, Subchapter III; 5 United States Code, Part 630,
Subpart I and J; Public Law 103-103, the Federal Employees Leave Sharing Amendments Act of
1993.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The Voluntary Leave Transfer and Leave Bank systems record and track donor and recipient
leave or medical records to assist employees without available paid leave with medical or family
emergencies that require an absence from duty. The VLTP covers employees who experience medical
emergencies, as well as employees who are caring for family members who are experiencing medical
emergencies. The VLBP works in conjunction with the existing VLTP in the Department. The Leave Bank
accepts membership contributions of annual leave, and makes that leave available to qualified
members who experience medical emergencies.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Pursuant to subsection (b) (3) of the Privacy Act, information may be disclosed from this
system as follows:
</p><p>A. To a Member of Congress or staff acting upon the Member’s behalf when the Member or staff
requests the information on behalf and at the request of an individual who is the subject of the
record.
</p><p>B. To the National Archives and Records Administration in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>C. In an appropriate proceeding before a court, grand jury, or administrative or adjudicative
body, when the DOJ determines that the records are arguably relevant to the proceeding; or in an
appropriate proceeding before an administrative or adjudicative body when the adjudicator holds the
records to be relevant to the proceeding.
</p><p>D. 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 settlements, plea bargaining, or in informal
discovery proceedings.
</p><p>E. 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.
</p><p>F. To designated timekeepers to adjust employees’ leave balances.
</p><p>G. To designated Leave Bank Board members to administer donated leave, review recipients’
applications, and make decisions on appeals.
</p><p>H. To the Office of Personnel Management to evaluate the effectiveness of the program.
</p><p>I. Where a record, either on its face or in conjunction with other information, indicates a
violation or potential violation of law--criminal, civil, or regulatory in nature--the
relevant records may be referred to the appropriate federal, state, local, foreign, or tribal, law
enforcement authority or other appropriate agency charged with the responsibility of investigating
or prosecuting such a violation or enforcing or implementing such law.
</p><p>J. 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.
</p><p>K. The Department of Justice may disclose relevant and necessary information 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.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not Applicable.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Applications and medical records are stored in paper files. Time and attendance records are
stored in an automated system. Paper files are stored in secured areas.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by employee name, Social Security number, or report generated by an
automated system.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Safeguard measures include the use of secured areas, user identification and passwords with
restricted access to data, and envelopes which appropriately identify the sensitive nature of the
enclosed information.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are retained and disposed of in accordance with the General Records Schedule 1,
Civilian Personnel Records. They are destroyed one year after the end of the year in which the file
is closed.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Leave Bank System Manager: Director, Personnel Staff, Justice Management Division, 1331
Pennsylvania Ave., NW, Suite 1110, Washington, DC 20530.
</p><p>Leave Transfer System Managers:
</p><p>Leave Transfer Coordinator:
</p><p>Antitrust Division, Executive Officer, 601 D Street, NW, Rm. 10150, Washington, DC 20004
</p><p>Civil Division, Director, Office of Administration, 1100 L Street, NW, Rm. 9018,
Washington, DC 20530
</p><p>Civil Rights Division, Executive Officer, 1425 New York Ave., NW, Rm. 5058, Washington, DC
20530
</p><p>Criminal Division, Executive Officer, Office of Administration, 1400 New York Ave., NW, Rm.
5000, Washington, DC 20530
</p><p>Environmental and Natural Resources Division, Executive Officer, 601 D Street, NW, Rm.
2038, Washington, DC 20004
</p><p>Tax Division, Executive Officer, 601 D Street, NW, Rm. 7802, Washington, DC 20004
</p><p>Drug Enforcement Administration, Deputy Assistant Administrator for Personnel, 700 Army
Navy Drive, Rm. W3166, Arlington, VA 22202
</p><p>Executive Office for Immigration Review, Office of the General Counsel, Employee and Labor
Relations Unit, 5107 Leesburg Pike, Suite 2400, Falls Church, VA 22041
</p><p>Executive Office for United States Attorneys, Personnel Staff, 600 E Street, NW, Room 8017,
Washington, DC 20530
</p><p>Executive Office for United States Trustees, Human Resource Division, 20 Massachusetts
Ave., NW, Rm. 8209, Washington, DC 20530
</p><p>Federal Bureau of Prisons, Human Resource Management Division, Labor Management Relations
and Security Branch, 320 1st Street, NW, Bldg. 400, Washington, DC 20534
</p><p>Office of Justice Programs, Office of Administration, Director, Office of Personnel, 810
7th Street, NW, Rm. 3330, Washington, DC 20531
</p><p>United States Marshals Service Headquarters, Washington, DC 20530-1000
</p><p>Office of the Inspector General, Personnel Officer, 1425 New York Ave., NW, Suite 7000,
Washington, DC 20530
</p><p>Bureau of Alcohol, Tobacco, Firearms and Explosives, Personnel Division, Employee and Labor
Relations Team, 650 Massachusetts Ave., NW, Rm. 4300, Washington, DC 20010
</p><p>Other Offices, Boards, and Divisions: Director, Human Resources, Justice Management
Division, 1331 Pennsylvania Ave., NW, Suite 1110, Washington, DC 20530
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to System Managers named above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Requests for access to records from the system must be in writing to the System Manager, and
be clearly marked "Privacy Act Access Request."  The request should include the component where the
records reside, if known (generally, the employing component), and must include the requestor’s
name, title, organization, address, phone number and a general description and purpose of records
sought, and must include the requestor’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.
Records will be released in accordance with the Freedom of Information Act, as well as the Privacy
Act.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the System Manager listed above, stating clearly and concisely what information is
being contested, the reasons for contesting it, and the proposed amendment to the information
sought. Please include the information requested in "Record Access Procedures"  above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information include employees who make written requests for application to the
leave sharing programs, including supporting documentation, such as time and attendance records and
medical records.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="justice11" toc="yes">
<systemNumber>-011</systemNumber>
<subsection type="systemName">Access Control System (ACS).
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are located at the Department of Justice (DOJ) Robert F. Kennedy Main Justice
Building (MJB), 950 Pennsylvania Ave., NW., Washington, DC 20530, and at other buildings with DOJ-
controlled access.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals who have applied for, sought, been considered for, attempted and/or obtained
access to the MJB and other buildings, office space, or real property with DOJ-controlled access
control systems. May include: current and former DOJ employees, contractors, vendors, grantees,
experts, consultants, task force personnel, volunteers, detailees, visitors, and other non-DOJ
employees. May also include persons identified as employers, sponsors, references, or contacts for
the above individuals.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records may include: names; social security numbers; dates of birth; physical descriptions;
badge numbers; information on employer, sponsor, contacts, and/or references; home and/or business
addresses and phone numbers; dates and times of entry, exit, and/or passage through control points;
signatures, photographs, videos, electronic images, fingerprints, and other biometric identifiers;
vehicle identification data; drivers license number; purpose of visit and person visited and/or
other related information.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Executive Order 12958, as amended by Executive Order 13292; Title 5 U.S.C. 552a(e)(10);
Title 44 U.S.C. chapters 21 and 33. These statutes and Executive Orders are directed toward security
of United States Government records maintained by federal agencies. Title 40 U.S.C. chapter 318a;
and Title 41 CFR section 102-81.10 and 81.15. This statute and the federal regulations are
directed toward security of United States Government buildings and the people therein.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>Records in this system are necessary to maintain the security of the personnel and locations
at which the DOJ operates, and of DOJ records, vehicles, property and equipment, and are used to
determine eligibility and/or the status of individuals who have applied for, sought, been considered
for, attempted and/or obtained access to such locations. Records in this system are also used to
maintain control of badges issued for access to locations where the DOJ operates.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Records or information from this system of records may be disclosed under the following
circumstances when it has been determined by the Department of Justice that such a need exists:
</p><p>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.
</p><p>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.
</p><p>To the National Archives and Records Administration in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
</p><p>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.
</p><p>To a governmental entity lawfully engaged in collecting law enforcement, law enforcement
intelligence, or national security intelligence information for such purposes.
</p><p>To any person or entity in either the public or private sector, domestic or foreign, if deemed by
the DOJ to be necessary in eliciting information or cooperation from the recipient for use by the
DOJ in furthering the purposes of the system, e.g., disclosure of personal identifying information
to an associate or employer of a person to confirm the person’s identity, suitability, and reason
for access to a DOJ facility.
</p><p>In an appropriate proceeding before a court, 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 holds the
records to be relevant to the proceeding.
</p><p>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.
</p><p>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.
</p><p>To federal, state, local, tribal, foreign, or international licensing agencies or associations
which require information concerning the suitability or eligibility of an individual for a license
or permit.
</p><p>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.
</p><p>The Department of Justice may disclose relevant and necessary information 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.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Most information is maintained in computerized form and stored in memory, on disk storage,
on computer tape, or other computer media. However, some information may also be maintained in hard
copy (paper) or other form.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is typically retrieved by name of the individual, other personal identifiers, or
by access badge number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Records in this system are maintained in limited access space in DOJ-controlled facilities
and offices. Computerized data is password protected. All DOJ personnel are required to pass a
background investigation. The information is accessed only by authorized DOJ personnel or by non-DOJ
personnel properly authorized to assist in the conduct of an agency function related to these
records.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records in this system in all formats are maintained and disposed of in accordance with
appropriate authority of the National Archives and Records Administration.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>For the Main Justice Building and certain satellite offices in the Washington DC
Metropolitan Area: Director, Security and Emergency Planning Staff, Justice Management Division,
Room 6217, 950 Pennsylvania Ave., NW., Washington, DC 20530.
</p><p>For other Specific Buildings/Components:
</p><p>Security System Manager, Justice Data Center--Washington, 1151-D Seven Locks Rd.,
Rockville, MD 20854;
</p><p>Security System Manager, Justice Data Center--Dallas, 207 S. Houston St., Dallas, TX 75202;
</p><p>Chief, Physical Security, Executive Office of U.S. Attorneys,  U.S. DOJ.EOUSA-SPS, 600 E
Street, NW., Suite 2600, Washington, DC 20530;
</p><p>Director, Security Programs Staff, Criminal Division, 1331 F Street, NW.,  Suite 300, Washington,
DC 20530;
</p><p>Deputy Chief Inspector, Office of Security Programs, Drug Enforcement Administration, 700 Army
Navy Drive, Arlington, VA 22202;
</p><p>Chief, Security and Emergency Programs Division, Bureau of Alcohol, Tobacco, Firearms and
Explosives, 650 Massachusetts Avenue, NW., Room 2240, Washington, DC 20226;
</p><p>Security Program Manager, Office of the Inspector General, 950 Pennsylvania Ave., NW.,
Washington, DC 20530;
</p><p>Security Programs Manager, Office of Intelligence Policy and Review, Department of Justice,
Washington, DC 20530;
</p><p>Security Programs Manager, Executive Office for Immigration Review, 5107 Leesburg Pike, Suite
2103, Falls Church, VA 22041;
</p><p>Case Management Specialist, Office of the United States Trustee, 33 Whitehall St., 21st Floor,
New York, NY 10004-2112;
</p><p>Security Programs Manager, United States Marshals Service, United States Marshals Service
Headquarters, Washington, DC 20530-1000;
</p><p>DOJ/INTERPOL-USNCB, 1301 New York Ave., NW., Washington, DC 20530;
</p><p>Security Program Manager, Tax Division, 555 Fourth St., NW., Washington, DC 20530;
</p><p>Chief, Office of Security and Classified Programs, National Drug Intelligence Center, 319
Washington St., Johnstown, PA 15901;
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as Record Access Procedures.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to a record from the system shall be made in writing with the envelope
and the letter clearly marked "Privacy Act Request."  Include in the request your full name and
complete address. The requester must sign the request; and, to verify it, the signature must be
notarized or submitted under 28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury and dated as a substitute for notarization. You may submit any other identifying data you
wish to furnish to assist in making a proper search of the system. Requests for access should be
addressed to: Facilities and Personnel Group, Security and Emergency Planning Staff, Justice
Management Division, Room 6217, U.S. Department of Justice, 950 Pennsylvania Ave., NW., Washington,
DC 20530.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should also
direct their request to the appropriate System Manager listed above, stating clearly and concisely
what information is being contested, the reasons for contesting it, and the proposed amendment to
the information sought. Include information requested above for Record Access.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>See Categories of Individuals Covered by the System.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="justice12" toc="yes">
<systemNumber>-012</systemNumber>
<subsection type="systemName">Department of Justice Regional Data Exchange System (RDEX)
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Unclassified.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>United States Department of Justice, 950 Pennsylvania Ave., NW., Washington, DC 20530-
0001, and other Department of Justice offices throughout the country.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals covered by this system include individuals who are referred to in potential or
actual cases or matters of concern to the Federal Bureau of Prisons (BOP), the United States
Marshals Service (USMS), the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Drug
Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), as well as individuals
referred to in law enforcement information contributed by certain state and local law enforcement
agencies that participate in the RDEX system under memoranda of understanding with the Department of
Justice. Because the system contains audit logs regarding queries, individuals who use the system to
conduct such queries are also covered.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system consists of unclassified criminal law enforcement records collected and produced
by the BOP, the USMS, the ATF, the DEA, the FBI, and certain state and local law enforcement
agencies, including: investigative reports and witness interviews from both open and closed cases;
criminal event data (e.g., characteristics of criminal activities and incidents that identify links
or patterns); criminal history information (e.g., history of arrests, nature and disposition of
criminal charges, sentencing, confinement, and release); and identifying information about criminal
offenders (e.g., name, address, date of birth, birthplace, physical description). The system also
consists of audit logs that contain information regarding queries made of the system.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The system was established and is maintained pursuant to 28 U.S.C. 533 and 534; Presidential
Decision Directives 39 and 62; and Executive Order 13,356.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>This system is maintained for the purpose of ensuring that Department of Justice criminal
law enforcement information is available for users at all levels of government so that they can more
effectively investigate, disrupt, and deter criminal activity, including terrorism, and protect the
national security. RDEX furthers this purpose by consolidating certain law enforcement information
from other Department of Justice systems, as well as certain state and local law enforcement
information, in order that it may more readily be available for sharing with other law enforcement
entities.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Information may be disclosed from this system as follows:
</p><p>(1) 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.
</p><p>(2) To a governmental entity lawfully engaged in collecting criminal law enforcement, criminal
law enforcement intelligence, or national security intelligence information for law enforcement or
intelligence purposes.
</p><p>(3) 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.
</p><p>(4) In an appropriate proceeding before a court, 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.
</p><p>(5) To an actual or potential party to litigation or the party’s authorized representative for
the purpose of negotiation or discussion of such matters as settlement, plea bargaining, or in
informal discovery proceedings.
</p><p>(6) 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.
</p><p>(7) 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.
</p><p>(8) 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.
</p><p>(9) To such recipients and under such circumstances and procedures as are mandated by federal
statute or treaty.
</p><p>(10) 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.
</p><p>(11) 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.
</p><p>(12) To any person or entity if deemed by the Department 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.
</p><p>(13) To any individual, 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.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Records in this system are stored primarily in electronic form. However, some information
may also be stored in paper form.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by the name and/or other identifier(s) of the individual.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information in this system is safeguarded in accordance with applicable laws, rules, and
policies, including the Department’s automated systems security and access policies. Records and
technical equipment are maintained in buildings with restricted access. Passwords, password
protection identification features, and other system protection methods also restrict access to
information in this system. Only Department of Justice personnel and other users who are members of
law enforcement agencies, have undergone background and criminal history checks, and have received
appropriate training will be permitted access to the system; and such access is limited to those who
have an official need for access in order to perform their duties.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records in this system are maintained and disposed of in accordance with all applicable
statutory and regulatory requirements.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>For the RDEX system generally and for state and local information: Director, Federal Bureau
of Investigation, 935 Pennsylvania Avenue, NW., Washington, DC 20535.
</p><p>For ATF information: Associate Director, Office of Strategic Intelligence and Information, Bureau
of Alcohol, Tobacco, Firearms and Explosives, 650 Massachusetts Avenue, NW., Washington, DC 20226.
</p><p>For BOP information: Assistant Director, Correctional Programs Division, Federal Bureau of
Prisons, 320 First Street, NW., Washington, DC 20534.
</p><p>For DEA information: Assistant Administrator, Operations Division, Drug Enforcement
Administration, Freedom of Information Section, Washington, DC 20537.
</p><p>For FBI information: Director, Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW.,
Washington, DC 20535.
</p><p>For USMS information: Assistant Director, Investigative Services Division, United States Marshals
Service, Washington, DC 20530-1000.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as Record Access Procedures.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Requests for access may be made by appearing in person or by writing to the appropriate
system manager at the address indicated in the System Managers and Addresses section, above. The
envelope and letter should be clearly marked "Privacy Act 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 either notarized or submitted
under penalty of perjury. Some information may be exempt from access 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 of whether a
record may be accessed will be made after a request is received.
</p><p>Although no specific form is required, forms may be obtained for this purpose from the FOIA/PA
Mail Referral Unit, Justice Management Division, United States Department of Justice, 950
Pennsylvania Avenue, NW., Washington, DC 20530-0001, or on the Department of Justice Web site
at http: //www.usdoj.gov/04foia/att--d.htm.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals seeking to contest or amend information maintained in the system should direct
their requests to the appropriate system manager at the address indicated in the System Managers and
Addresses section, 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
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 seek
amendment of any records that are not exempt. A determination of whether a record is exempt from
amendment will be made after a request is received.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Records in RDEX come directly from the criminal law enforcement files and records systems of
the participating Department of Justice components (ATF, BOP, DEA, FBI, and USMS), as well as
certain state and local law enforcement agencies participating in the RDEX system under memoranda of
understanding with the Department of Justice.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3) and (4); (d)(1), (2),
(3), and (4); (e)(1), (2), (3), (5), and (8); and (g) of the Privacy Act pursuant to 5 U.S.C.
552a(j)(2). These exemptions apply only to the extent that information in the system is subject to
exemption 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 are published in today’s <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="justice13" toc="yes">
<systemNumber>-013</systemNumber>
<subsection type="systemName">Justice Federal Docket Management System (Justice FDMS).
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice, 950 Pennsylvania Ave., NW., Washington, DC 20530 and other
Department of Justice offices.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Any person--including private individuals, representatives of Federal, State or local
governments, businesses, and industries, that provides personally identifiable information
pertaining to DOJ and persons mentioned or identified in the body of a comment.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Agency rulemaking material includes but is not limited to public comments received through
FDMS pertaining to DOJ rulemaking where such comments contain personally identifiable information;
and any other supporting rulemaking documentation.
</p></xhtmlContent></subsection>
	<subsection type="authorityForMaintenance"><xhtmlContent><p>Section 206(d) of the E-Government Act of 2002 (Pub. L. 107-347, 44 U.S.C. Chapter
36).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>To assist the Federal Government in allowing the public to search, view, download, and
comment on Federal agency rulemaking documents in one central on-line location and to contact
commenters if necessary.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>A. Where a record, either alone or in conjunction with other information, indicates a
violation or potential violation of law--criminal, civil, or regulatory in nature--the
relevant records may be referred to the appropriate Federal, State, local, tribal, or foreign law
enforcement authority or other appropriate entity charged with the responsibility for investigating
or prosecuting such violation or charged with enforcing or implementing such law.
</p><p>B. 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.
</p><p>C. To Federal, State, local, tribal, foreign, or international licensing agencies or associations
which require information concerning the suitability or eligibility of an individual for a license
or permit.
</p><p>D. Information may be disclosed to the Office of Management and Budget at any stage in the
legislative coordination and clearance process in connection with private relief legislation as set
forth in OMB Circular No. A-19, Circular No. A-130, Appendix I, Federal Agency
Responsibilities for Maintaining Records About Individuals.
</p><p>E. 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 records.
</p><p>F. In an appropriate proceeding before a court, 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.
</p><p>G. To the National Archives and Records Administration (NARA) for purposes of records management
inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>H. 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.
</p><p>I. To an actual or potential party to litigation or the party’s authorized representative for the
purpose of negotiation or discussion of such matters as settlement, plea bargaining, or in informal
discovery proceedings.
</p><p>J. 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><p>K. 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.
</p><p>L. To such recipients and under such circumstances and procedures as are mandated by Federal
statute or treaty.
</p><p>M. 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 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.
</p><p>N. To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.
<p>M. To another Federal agency or Federal entity, when the Department 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.</p>
    </p><p>Disclosure to consumer reporting agencies:
</p><p>Not Applicable.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records will be maintained in computer databases compliant with DOD 5015.2 electronic
records standards. A paper copy of all rulemaking docket materials will also be maintained by the
components and constitutes the official record.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>The FDMS will have the ability to retrieve records by various data elements and key word
searches, including: Name, Agency, Component, Docket Type, Docket Sub-Type, Agency Docket ID, Docket
Title, Docket Category, Document Type, CFR Part, Date Comment Received, and <i>Federal Register</i>
Published Date.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Justice FDMS security protocols will meet multiple NIST Security Standards from
Authentication to Certification and Accreditation. Records in the Justice FDMS will be maintained in
a secure, password protected electronic system that will utilize security hardware and software to
include: multiple firewalls, active intruder detection, and role-based access controls. Additional
safeguards will vary by component.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Each component will handle its records in accordance with its records schedule as approved
by the National Archives and Records Administration (NARA). Electronic data will be retained and
disposed of in accordance with the component’s records schedule pending approval by the NARA. The
majority of documents residing on this system will be public comments and other documentation in
support of Federal rulemakings. All <i>Federal Register</i> rulemakings are part of the Justice FDMS
and are identified as official records and retained by NARA.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p><i>Technical Issues:</i> Justice Department, Deputy Chief Information Officer for E-
Government, Office of the Chief Information Officer, United States Department of Justice, 950
Pennsylvania Avenue, NW., RFK Main Building, Washington, DC 20530.
</p><p><i>Policy Issues:</i> Justice Department FDMS Policies System Administrator, Office of Legal
Policy, United States Department of Justice, 950 Pennsylvania Avenue, NW., RFK Main Building,
Washington, DC 20530.
</p><p><i>Component Managers</i> can be contacted through the Department’s System Managers.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Records concerning comments received through FDMS pertaining to DOJ rulemaking are
maintained by the individual DOJ component to which the comment was directed. Inquiries regarding
these records should be addressed to the particular DOJ component maintaining the records at
Department of Justice, 950 Pennsylvania Avenue, NW., RFK Main Building, Washington, DC 20530. For
records concerning the DOJ FDMS system generally, requests should be made to the System Manager for
technical or policy issues as appropriate, listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Requests for access may be made by appearing in person or by writing to the appropriate
system manager at the address indicated in the System Managers and Addresses section, or as
described in the Notification Procedures, above. The envelope and letter should be clearly marked
"Privacy Act 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, dated, and either notarized or submitted under penalty of perjury. Although no
specific form is required, forms may be obtained for this purpose from the FOIA/PA Mail Referral
Unit, Justice Management Division, United States Department of Justice, 950 Pennsylvania Avenue,
NW., Washington DC 20530-0001, or on the Department of Justice Web site at <i>
http://www.usdoj.gov/04foia/att_d.htm</i>.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals seeking to contest or amend information maintained in the system should direct
their requests to the appropriate system manager at the address indicated in the System Managers and
Addresses section, or as described in the Notification Procedures, above, stating clearly and
concisely what information is being contested, the reasons for contesting it, and the proposed
amendment to the information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Any person, including public citizens and representatives of Federal, state or local
governments; businesses; and industries.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
    <p>
        72 FR 12196 (March 15, 2007): Last published in full.
    </p>
</xhtmlContent></subsection></section>
<section id="justice14" toc="yes">
<systemNumber>-014</systemNumber>
<subsection type="systemName">Department of Justice Employee Directory Systems.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Sensitive But Unclassified Information and/or Controlled Unclassified Information
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>United States Department of Justice, 950 Pennsylvania Ave., NW., Washington, DC 20530-
0001, and other Department of Justice offices throughout the United States and abroad.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Employees, former employees, detailees, student aides, law clerks, volunteers, contractors,
and other personnel employed by or otherwise affiliated with the Department.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records maintained on the internal Departmental email directory system may include name,
position title, office location, office telephone and facsimile numbers, office address, and
electronic mail (e-mail) address.
</p><p>Records maintained by component directory systems may include name, position title, office
location, office telephone and facsimile numbers, office address, electronic mail (e-mail) address,
as well as certain limited voluntarily submitted information including photographs and professional
background records (such as law school name and year of graduation, clerkships, bar memberships,
advanced degrees earned, foreign language expertise, and notary public commission). In addition,
some directories may include certain information to which access is restricted to users depending on
the roles and responsibilities within the system. Specifically, some directories may include
information collected for a specific statutory or management purpose and may include limited
relevant professional background information. Some component directories may also include emergency
contact information, which may be used to contact the individual named, or his/her authorized
designee, in the event of an emergency during or outside of official duty hours. Emergency contact
information maintained in component directories may include home addresses and telephone numbers;
cellular telephone numbers; pager numbers; other alternate telephone numbers where individuals or
their designees may be reached while away on travel, assigned work detail, or other extended absence
from the office; email addresses; names, telephone numbers and email addresses of family members or
other emergency contacts; and other contact information individuals may wish to provide. [<i>Note:
</i>  The Department has provided notice for emergency contact information not maintained in
component employee directories in Department of Justice -009 "Emergency Contact Systems
for the Department of Justice," 69 FR 1762 (Jan. 12, 2004).]
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Authority to establish and maintain this system is contained in 5 U.S.C. 301 and 44 U.S.C.
3101, which authorize the Attorney General to create and maintain federal records of agency
activities, as well as other specific statutory authorities that authorize the maintenance of
records by the Department of Justice.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>To allow Department personnel to collaborate within each individual component and within the
Department and to facilitate professional contacts in order to perform their duties and to benefit
the Department’s business practices.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>(a) 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.
</p><p>(b) 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.
</p><p>(c) To the National Archives and Records Administration in connection with records retention and
disposition issues and for purposes of records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
</p><p>(d) 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.
</p><p>(e) Where a record, either alone or in conjunction with other information, indicates a violation
or potential violation of law--criminal, civil, or regulatory in nature--the relevant
records may be referred to the appropriate federal, state, local, territorial, tribal, or foreign
law enforcement authority, or other appropriate entity charged with the responsibility for
investigating or prosecuting such violation or charged with enforcing or implementing such law.
</p><p>(f) To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.
</p><p>(g) To appropriate officials and employees of a federal agency or entity when the information is
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 investigation; the letting of a
contract; or the issuance of a grant or benefit.
</p><p>(h) 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.
</p><p>(i) To an actual or potential party to litigation or the party’s authorized representative for
the purpose of negotiation or discussion of such matters as settlement, plea bargaining, or in
informal discovery proceedings.
</p><p>(j) To such recipients and under such circumstances and procedures as are mandated by federal
statute or treaty.
</p><p>(k) To the news media and the public, including disclosures pursuant to 28 CFR &#167; 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>(l) To another Federal agency or Federal entity, when the Department 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.</p>       
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records in this system are stored on paper and/or in electronic form. Records are stored in
accordance with applicable executive orders, statutes, and agency implementing recommendations.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by the individual’s name, and in some instances, email addresses.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information in this system is safeguarded in accordance with appropriate laws, rules, and
policies, including the Department’s automated systems security and access policies, and access to
such information is limited to Department personnel, contractors, and other affiliated personnel who
have an official need for access in order to perform their duties. Access to electronic employee
directory systems is restricted to Department personnel, contractors and other affiliated persons
with accounts on the Department’s computer network because it is accessed via the Department’s
intranet or the specific component’s intranet. Additionally, access to certain information in
directories maintained by components is restricted to certain users depending on their roles and
responsibilities within that system. For example, access to emergency contact information that is
maintained in some component’s directories is strictly limited to managers and personnel with a need
to know in order to contact a designee in the event of an emergency.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are retained during their useful life in accordance with records retention schedules
approved by the National Archives and Records Administration.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Office of Privacy and Civil Liberties, Department of Justice, National Place
Building, 1331 Pennsylvania Avenue, NW., Suite 940, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as record access procedures.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Access to employee directory systems is restricted to Department employees, contractors, and
other affiliated persons with accounts on the Department’s computer network because it is accessed
via the Department’s intranet or the specific component’s intranet. Additionally, access to certain
information in component directories is restricted to users depending on their roles and
responsibilities within that system. For example, access to the emergency contact information
included in some component directories is restricted to those managers and personnel who need to
know the information in order to contact a designee in the event of an emergency.
</p><p>For access to Departmental e-mail system information, individuals may directly access information
through the Department’s internal e-mail system.
</p><p>For certain component employee directory systems, individuals may directly or through a system
administrator, post, verify, correct, and/or remove information in their individual employee
profiles.
</p><p>All other requests for access may be made by writing to the System Manager named above. The
envelope and letter should be clearly marked "Privacy Act Request." The request should
include a general description of the records sought and must include the requester’s full name,
current address, and place and date of birth. The request must be signed and either notarized or
submitted under penalty of perjury. A determination of whether a record may be accessed will be made
after a request is received.
</p><p>Although no specific form is required, you may obtain forms for this purpose from the FOIA/PA
Mail Referral Unit, Justice Management Division, United States Department of Justice, 950
Pennsylvania Avenue, NW., Washington, DC 20530-0001, or on the Department of Justice Web site
at <i>http://www.usdoj.gov/04foia/att_d.htm.</i>
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>For information maintained in the internal Departmental e-mail system, individuals may
contact a system administrator to inquire about updating, correcting, and/or removing information.
</p><p>For certain component employee directory systems, individual employees may directly or through a
system administrator, post, verify, correct, and/or remove information in their individual employee
profiles.
</p><p>Individuals may also contest or amend information maintained in the system by directing their
requests to the appropriate component system administrator or the System Manager named above,
stating clearly and concisely what information is being contested, the reasons for contesting it,
and the proposed amendment to the information sought. A determination of whether a record may be
contested or amended will be made after a request is received.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system are from existing Department and/or
component employee directory information, as well as employees, student aides, law clerks, and
volunteers, contractors, and other associated personnel who provide such information.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p>74 FR 57194 (November 4, 2009): Last published in full.</p>
</xhtmlContent></subsection></section>
<section id="justice15" toc="yes">
<systemNumber>-015</systemNumber>
<subsection type="systemName">Department of Justice Employee Assistance Program (EAP) Records.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Unclassified.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Employee Assistance Program (EAP) records are located at the U.S. Department of Justice, 1331 Pennsylvania Avenue NW., Washington, DC 20530, and other Department of Justice (DOJ) offices throughout the country. For those components that
operate component-specific EAPs, records are located at the component’s primary location and/or its field division sites. The main address for each DOJ component is posted on the DOJ Web site, <i> www.justice.gov.</i> EAP records for components that utilize
contractors in providing EAP services may also be maintained by such contractors, on behalf of the Department, at the contractor’s location. To determine the location of particular EAP records, contact the appropriate EAP Privacy Act system manager, whose contact information is listed below in the System Managers and Addresses section.

</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current and former employees of the Department, and in limited instances their family
members, who have sought counseling or have been referred for counseling or treatment through the
EAP. The remainder of this notice will refer to these individuals as "EAP client(s)."
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records may include any record, written or electronic, which may assist in diagnosing,
evaluating, counseling, and/or treating an EAP client, or resolving an EAP client’s complaint or
management’s concerns (management consultation) regarding the EAP client’s performance, attendance,
or conduct issues. Included are client identification data, such as name, home and/or work address,
email address, employee identification numbers, job title/series, telephone numbers, date of birth,
race, gender, marital status, relationship of family member to employee, and emergency contacts; the
EAP counselor’s intake/termination and outcome documents; case notes; pertinent personal, family,
employment, disciplinary, financial, legal, psychosocial, medical, and/or employment histories;
medical tests or screenings, including drug and alcohol tests and information on positive drug tests
generated by the staff of the Drug Free Workplace Program or treatment facilities from which the EAP
client may be receiving treatment; treatment and rehabilitation plans; insurance data; behavioral
improvement plans; and records of referrals. Referrals include those to community treatment
resources and social service agencies that provide legal, financial, or other assistance not related
to mental health or general medical services. Where clinical referrals have been made, records may
include relevant information related to counseling, diagnosis, prognosis, treatment, and evaluation,
together with follow-up data that may be generated by the community program providing the relevant
services. Other records included in the system are the written consent forms used to permit the
disclosure of information outside the EAP. EAP client records may also include account information,
such as contractor billings and government payments, when EAP services are provided by an EAP
contractor to the client.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 3301, 7361, 7362, 7901, 7904; 42 U.S.C. 290dd, 290dd-2; 44 U.S.C. 3101; 5 CFR
part 792, subpart A; 42 CFR part 2; Sec. 503, Pub. L. 100-71, 101 Stat. 391, as amended; E.O.
12564, 51 FR 32889; and DOJ Order No. 1200.1.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The EAP is a voluntary program designed to assist EAP clients in obtaining help in handling
personal problems that may affect job performance, and to provide emotional support and assistance
during periods of crisis. Records are maintained to document and track a client’s participation in
the EAP or community programs and the nature and effects of the employee’s personal problems. If an
EAP client so consents, these records may also be used to track compliance with Abeyance or Last
Chance Agreements that include treatment options, in which the EAP is an integral part of
establishing and/or monitoring treatment compliance.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>In addition to those disclosures generally permitted under 5 U.S.C. 552a(b), relevant
records or information in this system may be disclosed without EAP client consent as follows:
</p><p>(Note: To the extent that disclosure of substance abuse patient records is more restricted than
disclosure of other EAP records, the EAP staff will follow such restrictions. <i>See</i> 42 U.S.C.
290dd-2; 42 CFR part 2. Similarly, nothing in these routine uses should be construed as
authorizing a disclosure which is prohibited under State law; nor may any State law either authorize
or compel any disclosure of substance abuse patient records not encompassed by this notice and
governing EAP regulations. <i>See</i> 42 CFR 2.20.)
</p><p>(a) To appropriate State or local authorities to report, where required under State law,
incidents of suspected child, elder, or domestic abuse or neglect.
</p><p>(b) To any person or entity to the extent necessary to prevent an imminent crime which directly
threatens loss of life or serious bodily injury.
</p><p>(c) To contractors or authorized EAP community health care providers that provide counseling and
other services through referrals from the EAP staff to the extent that it is appropriate, relevant,
and necessary to enable the contractor or provider to perform his or her counseling, treatment,
rehabilitation, and evaluation responsibilities.
</p><p>(d) To contractors, grantees, experts, consultants, students, and others performing or working on
a contract, grant, cooperative agreement, or other assignment providing other services to an EAP
program, when necessary to provide these services. In the case of substance abuse patient records, a
service provider must meet the qualifications established by 42 CFR 2.11.
</p><p>(e) To any person who is responsible for the care of an EAP client when the EAP client to whom
the records pertain is mentally incompetent or under legal disability.
</p><p>(f) To any person or entity to the extent necessary to meet a bona fide medical emergency.
</p><p>(g) To law enforcement officers to report information directly related to an EAP client’s
commission of a crime on the premises of the EAP program or against EAP program personnel or a
threat to commit such a crime, provided that the disclosure is limited to the circumstances of the
incident, including the client status of the individual committing or threatening to commit the
crime, that individual’s name and address, and that individual’s last known whereabouts.
</p><p>(h) To a former EAP 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 Departmental regulations; or facilitating communications with the employee or
contractor that may be necessary for personnel-related or other official purposes where the
Department requires information and/or consultation assistance from the employee or contractor
regarding a matter within that person’s current or former area of responsibility.
</p><p>(i) To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.
</p>
    <p> (j) To another Federal agency or Federal entity, when the Department 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.</p>
    <p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Information in this system may be maintained in paper or electronic format. Records in paper
format include hardcopy manual files and index cards. Records in electronic format are kept in
computerized databases and electronic media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records in this system may be indexed and retrieved by the name of the EAP client or by an
identifying case number or symbol that is cross-indexed to the EAP client’s name, in accordance with
policies and procedures outlined in DOJ Order 1200.1.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Internal EAP records are maintained by component EAP staff. In most cases, access to
Department buildings is restricted by 24-hour guard service and electronic identification. EAP
records are secured in a GSA security-approved safe or equivalent as approved by the component’s
Security Program Office. Safes are locked when staff members are not in their offices. Access to
these files is strictly limited to approved EAP personnel only. Only the case number appears on the
file label. The file is cross-referenced with a separately secured list with corresponding name and
case number. EAP case-sensitive information in electronic format is only stored on a computer hard
drive or equivalent device if it is an approved system with firewall and password protection.
Systems operating on a component’s LAN-based system encrypt stored EAP sensitive data. Electronic
media are accessible only by a confidential password and secured in a safe as referenced above,
within a locked room when not in use. Department contractors that maintain EAP records are required
to provide adequate file security to prevent the theft of client files or inadvertent release of
personal health information. Adequate file security may include the removal of an EAP client’s
personal information in a payment voucher prepared to effect payment for services rendered by the
contractor in performance of the contract. Further, contractor invoices or documents in support of
payment which do include specific EAP client information are hand-carried by local contractors to
the component’s EAP Administrator when feasible.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are retained during their useful life in accordance with records retention schedules
approved by the National Archives and Records Administration. All records regardless of the storage
medium are destroyed three years after the date of the last counseling session, unless a longer
retention period is necessary because the EAP has actual notice of an administrative or judicial
proceeding specific to the client. In such cases, the records are retained for six months after the
conclusion of the proceedings. Destruction is by EAP personnel. Paper records are destroyed through
the use of a high-grade shredder. Any electronic storage device that was used to store sensitive EAP
information is degaussed before it is discarded, transferred, or donated outside the EAP.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>EAP records are located at various DOJ-operated and contractor-operated facilities. Six
components of the DOJ operate component-specific EAPs. The primary Privacy Act system manager and
address for component-specific EAPs are as follows:
</p><p>ATF: EAP Administrator, Human Resources Division, Bureau of Alcohol, Tobacco, Firearms, and
Explosives, 99 New York Ave. NE., Washington, DC 20226.
</p><p>DEA: EAP Administrator, Drug Enforcement Administration, 8701 Morrissette Drive Springfield, VA
22152.
</p><p>EOUSA: EAP Administrator, Executive Office for United States Attorneys, 600 E St. NW., Room 2800,
Washington, DC 20530.
</p><p>FBI: EAP Administrator, Federal Bureau of Investigation, 935 Pennsylvania Ave. NW., Room 10190,
Washington, DC, 20535-0001.
</p><p>BOP: EAP Administrator, Federal Bureau of Prisons, 320 First St. NW., Room HOLC-871,
Washington, DC 20534.
</p><p>USMS: EAP Administrator, United States Marshals Service, Room 750, CS-3, Washington, DC
20530.
</p><p>For all other DOJ components, the primary Privacy Act system manager and address is EAP
Administrator, Justice Management Division, U.S. Department of Justice, 1331 Pennsylvania Ave. NW.,
Suite 1055, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to be notified if the system contains a record pertaining to you, please follow
the Record Access Procedures, below.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>You may request notice about or access to any EAP records pertaining to you, request an
accounting of any DOJ disclosure of these records, or request amendment or correction of these
records as provided in the Department’s Privacy Act regulations set forth in 28 CFR subpart D,
Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974. EAP records
are located at various DOJ-operated and contractor-operated facilities, and you may make your
request by writing directly to the Privacy Act Office of the component that maintains your EAP
records. The appropriate address to use, and any additional requirements for submitting a request to
a given component, are listed in Appendix I of 28 CFR part 16. Further details are provided in
Attachment B of the Department’s FOIA Reference Guide, available on the Department’s Web site here:
<i>http://www.justice.gov/oip/04_3.html.</i> If you cannot determine where within the Department to
send your request, you may send it to the FOIA/PA Mail Referral Unit, Justice Management Division,
U.S. Department of Justice, Room 115, LOC Building, Washington, DC 20530-0001, and the Mail
Referral Unit will forward your request to the component(s) that it determines to be most likely to
maintain your records.
</p><p>For the quickest possible handling, both the request letter and the envelope should be marked
"Privacy Act Request." The request should include a description of the records sought
and must include sufficient information to verify your identity, including your full name, current
address, and date and place of birth. You must sign and date your request, and your signature must
either be notarized or submitted under 28 U.S.C. 1746, a law that permits statements to be made
under penalty of perjury as a substitute for notarization. (While no specific form is required, you
may obtain a form (Form DOJ-361) for use in certification of your identity from the FOIA/PA
Mail Referral Unit at the address listed above, or on the Department’s Web site at <i>
http://www.justice.gov/oip/forms/cert_ind.pdf.</i>) If you desire to request amendment or correction
of information maintained in your records, you should also comply with the additional provisions in
Contesting Record Procedures, below.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you desire to contest and request amendment or correction of information about you
maintained in the system, please follow the Record Access Procedures, above. In addition, you should
also comply with the provisions of 28 CFR 16.46, which include requirements that you identify each
particular record in question and state clearly and concisely what information is being contested,
the reasons for contesting it, and the proposed amendment or correction that you want.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Records are generated by EAP personnel, the EAP client who is the subject of the record, the
personnel office, employee relations/labor relations counsel, the EAP client’s supervisor, the EAP
client’s co-workers, employee bargaining units, EAP contractors, referral counseling and treatment
programs or individuals, and other outside sources. In the case of drug abuse counseling, records
may also be generated by the staff of the Drug-Free Workplace Program and the medical review
officer.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
	<p>77 FR 5570 (February 3, 2012): Last published in full.</p>
</xhtmlContent></subsection></section>
<section id="justice16" toc="yes">
<systemNumber>-016</systemNumber>
<subsection type="systemName">Debt Collection Enforcement System
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Unclassified.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>The Justice Data Center, Rockville, MD 20854; and the DOJ components and offices throughout
the country that have debt collection and enforcement records and/or responsibilities, including the
Antitrust Division, the Civil Division, the Civil Rights Division, the Criminal Division, the
Justice Management Division (JMD) Debt Collection Management Staff (DCM), the Executive Office for
United States Attorneys (EOUSA), the Environment and Natural Resources Division (ENRD), and the Tax
Division. Records may also reside in offices of private counsel retained by DOJ pursuant to contract
(contract private counsel) to assist with debt collection.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals indebted to the United States who have either: (1) Allowed their debts to become
delinquent and whose delinquent debts have been referred to a DOJ litigating division, a United
States Attorney Office (USAO), or to contract private counsel retained by DOJ, for settlement or
enforced collection through litigation; and/or (2) incurred debts assessed by a federal court, e.g.,
fines or penalties in connection with civil or criminal proceedings.
</p><p>In addition, the categories of individuals covered by the system include persons who are
authorized to access and use the system. These individuals are Department of Justice employees and
contractors.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system of records contains records relating to the negotiation, compromise, settlement,
and litigation of debts owed the United States, as well as for any amounts that the United States is
authorized by law to collect for the benefit of any person or entity.
Records consist of debt collection case files, as well as automated and/or hard-copy supporting
data, as summarized below.
</p><p>Case files include: evidence of indebtedness, judgment, or discharge; court filings such as legal
briefs, pleadings, judgments, orders, and settlement agreements; litigation reports and related
attorney work product; and agency status reports, memoranda, correspondence, and other documentation
developed during the negotiation, compromise, settlement and/or litigation of debt collection
activities.
</p><p>Automated and/or hard-copy supporting data include information extracted from the case file and
information generated or developed in support of federal debt collection activities. Such
information may include: personal data (e.g., name, social security number, date of birth, taxpayer
identification number, locator information, etc.); claim details (e.g., value and type of claim,
such as benefit overpayment, loan default, bankruptcy, etc.); demand information, settlement
negotiations, and compromise offered; account information (e.g., debtors’ payments, including
principal, penalties, interest, and balances, etc.); information regarding debtors’ employment,
assets, ability to pay, property liens, etc.; data regarding debtors’ loans or benefits from client
agencies or other entities; information on the status and disposition of cases at various times;
data related to the Treasury Offset Program (TOP), which includes offsets by the Internal Revenue
Service against income tax refunds, offsets of the salaries and benefits of federal employees or
members of the Armed Forces, and other administrative offsets; and any other information related to
the negotiation, compromise, settlement, or litigation of debts owed the United States and others,
or to the administrative management of debt collection efforts.
</p><p>The system also contains records regarding authorized system users, including audit log
information and records relating to verification or authorization of an individual’s access to the
system. This information includes user name, date and time of use, search terms and filters, results
that the user accessed, and a user’s permissions and authorizations for particular data at that
time.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintained pursuant to the Debt Collection Act of 1982,
Public Law 97-365, 96 Stat. 1749 (1982), as amended by the Debt Collection Improvement Act of
1996, 31 U.S.C. 3701-3720E (original version at Pub. L. 104-134, 110 Stat. 132 (1996)),
the Federal Debt Collection Procedures Act of 1990, 28 U.S.C. 3001-3307 (original version at
Pub. L. 101-647, 104 Stat. 4933 (1990)), 28 U.S.C. 516, 28 U.S.C. 547, and 44 U.S.C. 3101.
More specifically, 28 U.S.C. 516, 519, and 547 authorize the Attorney General to conduct litigation
to collect delinquent debts due the United States. In addition, 31 U.S.C. 3718(b) authorizes the
Attorney General to contract with private counsel to assist DOJ in collecting debts due the United
States. The Attorney General is further authorized by 28 U.S.C. 3101 et seq. and 3201 et seq. to
obtain both pre-judgment and post-judgment remedies against delinquent debtors. Moreover, under 28
U.S.C. 3201(a) and (e), a judgment against such a debtor creates a lien on all real property of the
debtor, and renders that debtor ineligible for any grant or loan insured, financed, guaranteed, or
made by the United States Government.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>This system of records is maintained by the Department to cover records used by Department
components or offices and/or contract private counsel to perform legal, financial, and
administrative services associated with the collection of debts due the United States, including
related negotiation, settlement, litigation, and enforcement efforts in accordance with the Debt
Collection Act and related authority.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>(a) Information from this system may be disclosed to any federal, state, local, territorial,
foreign, or tribal agency, or to an individual or organization, if there is reason to believe that
such agency, individual, or organization possesses information relating to the verification or
collection of debts owed the United States Government, and if the disclosure seeks to elicit
information from such entities: (a) Regarding the status of such debts, including settlement,
litigation, or other collection efforts; (b) regarding the identification or location of such
debtors; (c) regarding the debtor’s ability to pay; or (d) relating to the civil action, trial, or
hearing, and the disclosure is reasonably necessary to elicit such information or to obtain the
cooperation of an agency, individual, or organization.
</p><p>(b) Information may be disclosed to federal agencies pursuant to the Debt Collection Improvement
Act and related authority for any purpose related to debt collection, including locating debtors for
debt collection efforts and/or effecting remedies against monies payable to such debtors by the
Federal Government. In accordance with computer matching or data sharing programs, information may
be disclosed to federal agencies, including the Department of Treasury, Treasury Offset Program, to
effect tax refund, salary, and/or administrative offset against federal payments to collect a
delinquent debt owed the United States; to the Department of Treasury, Internal Revenue Service,
Taxpayer Address Request Program, to obtain the last known mailing address of a taxpayer for the
purpose of locating such taxpayer to collect or to compromise a debt owed by the taxpayer to the
United States; and to the Department of Housing and Urban Development, Credit Alert Interactive
Verification Reporting System, for its use in providing information to federal agencies and private
lenders to assist in evaluating the credit worthiness of federal loan applicants.
</p><p>(c) Information from this system may be disclosed to client agencies who have referred
outstanding debts to the DOJ for debt collection efforts including settlement or litigation, to
notify such agencies of case developments, the status of accounts receivable or payable, case-
related decisions or determinations, or to make such other inquiries and reports related to debt
collection efforts.
</p><p>(d) Information from this system may be disclosed to any federal agency that employs and/or pays
pension, annuity, and/or other benefits to an individual who has been identified as a delinquent
debtor for purposes of offsetting the individual’s salary and/or pension, annuity, or other benefit
payment received from that agency, when DOJ is responsible for the enforced collection of a judgment
or claim against that person.
</p><p>(e) Information from this system may be disclosed to any individual or organization requiring
such information for the purpose of performing audit, oversight, and training operations of DOJ and
to meet related reporting requirements.
</p><p>(f) In accordance with regulations issued by the Secretary of the Treasury to implement the Debt
Collection Improvement Act of 1996, information from this system may be disclosed to publish or
otherwise publicly disseminate the identity of debtors and/or the existence of non-tax debts, in
order to direct actions under the law toward delinquent debtors that have assets or income
sufficient to pay their delinquent non-tax debts. However, such action may only be taken after
reasonable steps have been taken to ensure the accuracy of the identity of a debtor, such debtor has
had an opportunity to verify, contest, and pay (in whole or in part) a non-tax debt, and a review
has been conducted by the Secretary of the Treasury or designee.
</p><p>(g) Where a record, either alone or in conjunction with other information, indicates a violation
or potential violation of law--criminal, civil, or regulatory in nature--the relevant
records may be referred to the appropriate federal, state, local, territorial, tribal or foreign law
enforcement authority or other appropriate entity charged with the responsibility for investigating
or prosecuting such violation or charged with enforcing or implementing such law.
</p><p>(h) Information from this system may be disclosed 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.
</p><p>(i) Information from this system may be disclosed to an actual or potential party to litigation
or the party’s authorized representative for the purpose of negotiation or discussion of such
matters as settlement, plea bargaining, or in informal discovery proceedings.
</p><p>(j) Information from this system may be disclosed 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 investigation; the letting of a contract, or the issuance of a grant or benefit.
</p><p>(k) Information from this system may be disclosed 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.
</p><p>(l) Information may be disclosed 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.
</p><p>(m) Information may be disclosed 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.
</p><p>(n) Information from this system may be disclosed 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.
</p><p>(o) Information from this system may be disclosed 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><p>(p) Information from this system may be disclosed 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.
</p><p>(q) Information from this system relating to health care fraud may be disclosed to private health
plans, or associations of private health plans, and health insurers, or associations of health
insurers, for the following purposes: to promote the coordination of efforts to prevent, detect,
investigate, and prosecute health care fraud; to assist efforts by victims of health care fraud to
obtain restitution; to enable private health plans to participate in local, regional, and national
health care fraud task force activities; and to assist tribunals having jurisdiction over claims
against private health plans.
</p><p>(r) Information from this system may be disclosed 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.
</p><p>(s) To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.
</p><p>(t) Information from this system may be disclosed to such recipients and under such circumstances
and procedures as are mandated by federal statute or treaty.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Information from this system of records may be disclosed to a credit or consumer reporting
agency, as such terms are used in the Fair Credit Reporting Act (15 U.S.C. 1681a-1681u) and
the Debt Collection Act (31 U.S.C. 3701-3720E) when such information is necessary or relevant
to federal debt collection efforts, including, but not limited to, obtaining a credit report on a
debtor, payor, or other party-in-interest; reporting on debts due the Government; and/or pursuing
the collection of such debts through settlement, negotiation, or litigation.
</p>
<p>(u) For the purpose of identifying, preventing, or recouping improper payments to an applicant for, or recipient of, Federal funds, including funds disbursed by a state in a state-administered, Federally-funded program, information from this system may be disclosed to (a) a Federal or state agency, its employees, agents (including contractors of its agents) or contractors; or (b) a fiscal or financial agent designated by the Financial Management Service or other Department of the Treasury bureau or office, including employees, agents or contractors of such agent; or (c) a contractor of the Financial Management Service.
</p>
    <p>(v) To another Federal agency or Federal entity, when the Department 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.</p>
</xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>While in the custody of DOJ, certain records in this system are maintained in automated
computer information systems and stored in electronic format for use or reproduction in documents or
report form at various times. Other records in this system are maintained in paper format and stored
in file cabinets, safes, and similar storage containers by the component and/or office enforcing the
collection of the debt.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Data in this system of records may be retrieved by debtor names, other personal identifiers,
or case numbers, through computerized queries and other keyword searches.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>The Debt Collection Enforcement System security protocols meet multiple NIST Security
Standards from authentication to certification and accreditation. Records in the Debt Collection
Enforcement System are maintained in a secure, password protected electronic system environment that
utilizes security hardware and software including: multiple firewalls, active intruder detection,
and role-based access controls. Additional safeguards may vary by component.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Debt Collection Records maintained by DOJ Components are maintained in accordance with
approved records retention schedules. The records (Master File) of the Department-wide debt
collection system are maintained for seven years after close of the case. (N1-060-08
-02)
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>For Debt Collection Management Staff/JMD information contact: FOIA/PA Contact, DOJ/Justice
Management Division, 950 Pennsylvania Avenue NW., Room 1111, Washington, DC 20530-0001.
</p><p>For Antitrust Division information contact: FOIA/PA Unit, DOJ/Antitrust Division, Liberty Square
Building, Suite 1000, 450 Fifth Street NW., Washington, DC 20530-0001.
</p><p>For Civil Division information contact: FOIA/PA Office, DOJ/Civil Division, Room 7304, 20
Massachusetts Avenue NW., Washington, DC 20530-0001.
</p><p>For Civil Rights Division information contact: FOIA/PA Branch, DOJ/Civil Rights Division, 950
Pennsylvania Avenue NW., BICN, Washington, DC 20530-0001.
</p><p>For Criminal Division information contact: FOIA/PA Unit, DOJ/Criminal Division, Keeney Building,
Suite 1127, Washington, DC 20530-0001.
</p><p>For Environment and Natural Resources Division information contact: FOIA/PA Office, Law and
Policy Section, DOJ/ENRD, P.O. Box 4390, Ben Franklin Station, Washington, DC 20044-4390.
</p><p>For Executive Office for United States Attorneys (United States Attorneys Offices) information
contact: FOIA/PA Staff, DOJ/EOUSA, 600 E Street NW., Room 7300, Washington, DC 20530-0001.
Contact information for the individual United States Attorneys Offices in the 94 Federal judicial
districts nationwide can be located at <i>www.usdoj.gov/usao</i>.
</p><p>For Tax Division information contact: Assistant Attorney General, Tax Division, U.S. Department
of Justice, 950 Pennsylvania Avenue NW., Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as Record Access Procedures.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>To the extent that information in this system of records is not subject to exemption, it is
subject to access and amendment. A determination as to the applicability of an exemption to a
specific record shall be made at the time a request for access is received. Requests for access must
be in writing and should be addressed to the appropriate System Manager listed above. The envelope
and letter should be clearly marked "Privacy Act Request" and comply with 28 CFR 16.41
(Requests for Access to Records). Access requests must contain the requester’s full name, current
address, date and place of birth, and should include a clear description of the records sought and
any other information that would help to locate the record (e.g., name of the case and federal
agency to whom the debtor is indebted). Access requests must be signed and dated and either
notarized or submitted under penalty of perjury pursuant to 28 U.S.C. 1746.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should clearly
and concisely state what information is being contested, the reasons for contesting it, and the
proposed amendment to the information. Address such inquiries to the appropriate System Manager
listed above. The envelope and letter should clearly be marked "Privacy Act Request" and
comply with 28 CFR 16.46 (Request for Amendment or Correction of Records).
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system primarily consist of the individuals covered
by the system; DOJ and/or agencies to whom the individual is indebted, seeks benefits, or has
furnished information; attorneys or other representatives of debtors and/or payors; and Federal,
state, local, tribal, territorial, foreign, or private organizations or individuals who may have
information regarding the debt, the debtor’s ability to pay, or any other information relevant or
necessary to assist in debt collection efforts.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>The Privacy Act authorizes an agency to promulgate rules to exempt a system of records (or
parts of a system of records) from certain Privacy Act requirements. 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 pursuant to 5 U.S.C. 552a(j)(2)
for any criminal law enforcement information within the system; in addition, the system is exempt
pursuant to 5 U.S.C. 552a(k)(2) from subsections (c)(3); (d)(1), (2), (3), and (4); (e)(1), (4)(G),
(H), and (I); and (f). 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 <i>Federal Register</i>.
</p></xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p>77 FR 9965 (February 21, 2012): Last published in full; and
80 FR 14407 (March 19, 2012): Modified to add routine uses.</p>
</xhtmlContent></subsection></section>
    <section id="justice17" toc="yes">
        <systemNumber>/-017</systemNumber>
        <subsection type="systemName"> Department of Justice, Giglio Information Files.</subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p> Unclassified.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>
                    Records in this system are located at United States Attorneys’ Offices and Department of Justice litigating sections with authority to prosecute criminal cases ("DOJ prosecuting offices") as well as the Federal Bureau of Investigation, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Marshals Service, the Office of the Inspector General, and the Office of Professional Responsibility ("DOJ investigative agencies").  For office locations, see <i>http://www.justice.gov</i> and the websites for DOJ prosecuting offices and investigative agencies.
                </p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>Individuals who may serve as affiants or testify as witnesses in criminal proceedings brought by the United States Attorneys’ Offices and Department of Justice litigating sections with authority to prosecute criminal cases, including the Criminal Division, National Security Division, Civil Rights Division, Antitrust Division, Environment and Natural Resources Division, Tax Division, and Civil Division.  </p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p> This system contains potential witness impeachment information, including records of disciplinary actions.  Potential impeachment information has been generally defined as impeaching information which is material to the defense of a federal criminal prosecution.  It also includes information that either casts a substantial doubt upon the accuracy of any evidence, including witness testimony, the prosecutor intends to rely on to prove an element of any crime charged or might have a significant bearing on the admissibility of prosecution evidence.  Records include, but are not limited to: (a) specific instances of witness conduct that may be used for the purpose of attacking the witness’ credibility or character for truthfulness; (b) evidence in the form of opinion as to a witness’ character or reputation for truthfulness; (c) prior inconsistent statements; and (d) information that may be used to suggest that a witness is biased.  Impeachment files may include internal investigation reports, violations of agency rules and regulations, and other negative credibility findings based on the witness’ or affiant’s prior statements made under oath.  Giglio systems may also include records that track requests and responses for record-keeping purposes.  Other categories of records include written statements, human resources records, complaints from the public, police reports, and/or other disciplinary records.  The system may also contain any related judicial rulings, pleadings, correspondence, or memoranda pertaining to the relevant criminal case.  Records also include identifying information concerning covered individuals such as name, employing agency, job title, and business contact information.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>This system is established and maintained under the authority of 28 U.S.C. 516 and 547.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>
                    The purpose of this system is to ensure that the Department’s prosecutors and investigative agencies receive sufficient information to meet their obligations under <i>Giglio</i> v. <i>United States,</i> 405 U.S. 150 (1972).  This system enables the Department’s prosecuting offices and investigative agencies to collect, maintain, and disclose records of potential impeachment information that is material to the defense of federal criminal prosecutions.
                </p>
                <p> Primary users of this system will be Agency Officials, who are senior officials serving as the points of contact concerning potential impeachment information within each of the Department’s investigative agencies; Requesting Officials, who are senior officials serving as the points of contact concerning potential impeachment information within each of the Department’s prosecuting offices; and Assistant United States Attorneys and other Department attorneys who are prosecuting cases and have an obligation to disclose impeachment material under the Giglio decision.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>A record maintained in the system of records may be disseminated as a routine use of such record as follows:</p>
                <p>(a) A record will be provided to a court and/or defense attorney in satisfaction of the Department’s obligations under the Giglio decision.</p>
                <p>(b) 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. </p>
                <p>(c) Where a record, either alone or in conjunction with other information, indicates a violation or potential violation of law – criminal, civil, or regulatory in nature – the relevant records may be referred to the appropriate federal, state, local, territorial, tribal, or foreign law enforcement authority or other appropriate entity charged with the responsibility for investigating or prosecuting such violation or charged with enforcing or implementing such law.</p>
                <p>(d) To any person or entity that the Department has reason to believe possesses information regarding a matter within the jurisdiction of the Department, to the extent deemed to be necessary by the Department in order to elicit such information or cooperation from the recipient for use in the performance of an authorized activity.</p>
                <p>(e) A record relating to a case or matter may be disseminated in connection with a federal, state, or local administrative or regulatory proceeding or hearing in accordance with the procedures governing such proceeding or hearing.</p>
                <p>(f) A record relating to a case or matter may be disseminated in an appropriate federal, state, local, or foreign court or grand jury proceeding in accordance with established constitutional, substantive, or procedural law or practice.</p>
                <p>(g) A record relating to a case or matter that has been referred by an agency for investigation, prosecution, or enforcement, or that involves a case or matter within the jurisdiction of an agency, may be disseminated to such agency to notify the agency of the status of the case or matter or of any decision or determination that has been made, or to make such other inquiries and reports as are necessary during the processing of the case or matter.</p>
                <p>(h) 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>
                <p>(i) 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.</p>
                <p>(j) 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.</p>
                <p>(k) 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.</p>
                <p>(l) To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.</p>
                <p>(m) To such recipients and under such circumstances and procedures as are mandated by federal statute or treaty.</p>
                <p>(n) To another Federal agency or Federal entity, when the Department 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.</p>
                <p>Disclosure to consumer reporting agencies:</p>
                <p> None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Storage:</p>
                <p>Records in this system are stored in paper and/or electronic format.  Electronic records are stored in databases and/or on hard disks, removable storage devices, or other electronic media.  Paper records may be stored in individual file folders and file cabinets with controlled access, and/or other appropriate GSA-approved security containers. </p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Individual records are accessed by use of data-retrieval capabilities of computers.  Hard-copy formats are accessed via manual retrieval.  Data will be retrieved through a number of criteria, including witness or affiant name, case name, or other personal identifier.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>Records are safeguarded in accordance with applicable laws, rules, and policies, including the Department’s automated systems security and access policies and the Attorney General’s Giglio Policy, as set forth in Section 9-5.100 of the United States Attorneys’ Manual.  Records maintained by DOJ prosecuting offices are securely maintained and are accessible only upon a request to a Giglio Requesting Official or other senior management entrusted with this responsibility.  Records are only disclosed to requesting prosecutors within the prosecuting office on a case-related, need-to-know basis.  In general, records and technical equipment are maintained in facilities with restricted access.  For electronic records, the required use of password protection identification and other logical safeguards also restrict access.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>
                    Records are retained and destroyed in accordance with applicable schedules and procedures issued or approved by the National Archives and Records Administration (NARA).  Retention periods vary depending on the type of the record. The General Records Schedule (GRS) for <i>Giglio</i> files is GRS 20.  All records will also be maintained in accordance with the Attorney General’s Giglio Policy, found in Section 9-5.100 of the United States Attorneys’ Manual.  Accordingly, whenever potential impeachment information has been disclosed to the court or defense, or when a decision has been made that an agency employee should not testify or serve as an affiant because of potential impeachment information, the potential impeachment information, together with any related judicial rulings, pleadings,  correspondence, or memoranda, will be retained in the prosecuting office’s Giglio information file; copies will be provided to the agency official that provided the information and to the employing agency official for retention.  In other circumstances, prosecuting offices may keep any written legal analysis and substantive communications integral to the analysis, including legal advice relating to the decision, and a summary of the potential impeachment information in the Giglio system of records, but the complete description of the potential impeachment information received from the Agency Official will not be maintained in this system of records.  When an employee has retired, has been transferred to an office in another judicial district, or has been reassigned to a position in which the employee will neither be an affiant nor witness, and any litigation pending in the prosecuting office in which the employee could be an affiant or witness is resolved, the Requesting Official shall remove any record that can be accessed by the identity of the employee.  More specifically, the records must be removed at the conclusion of the direct and collateral appeals, if any, or within one year of the agency employee’s retirement, transfer, or reassignment, whichever is later.
                </p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>The system managers for this system are the Giglio Requesting Official within each DOJ prosecuting office and the Agency Official within each DOJ investigative agency, as those officials are defined in Section 9-5.100 of the United States Attorneys’ Manual.  For office locations, see www.justice.gov and the websites for DOJ prosecuting offices and investigative agencies.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>Address inquiries to the System Managers listed above.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>Giglio information is maintained at DOJ prosecuting offices and DOJ investigative agencies.  The system managers for specific DOJ component information are as follows:</p>
                <p> For Antitrust Division information contact: FOIA/PA Unit, DOJ/Antitrust Division, 450 Fifth Street NW., Suite 1000, Washington, DC  20530-0001.</p>
                <p> For the Bureau of Alcohol, Tobacco, Firearms and Explosives information contact: Disclosure Division, DOJ/Bureau of Alcohol, Tobacco, Firearms and Explosives, 99 New York Avenue NE., Room 1E 400, Washington, DC  20226.</p>
                <p> For Civil Division information contact: FOIA/PA Office, DOJ/Civil</p>
                <p>Division, Room 7304, 20 Massachusetts Avenue NW., Washington, DC  20530.</p>
                <p> For Civil Rights Division information contact: FOIA/PA Branch, DOJ/Civil</p>
                <p>Rights Division, 950 Pennsylvania Avenue NW., Room 3234, Washington, DC  20530-0001.</p>
                <p> For Criminal Division information contact: FOIA/PA Unit, DOJ/Criminal</p>
                <p>Division, Keeney Building, Suite 1127, Washington, DC  20530-0001.</p>
                <p> For Drug Enforcement Administration information contact: FOIA/PA Unit (SARF), DOJ/Drug Enforcement Administration, 8701 Morrissette Drive, Springfield, VA  22152.</p>
                <p> For Environment and Natural Resources Division information contact:</p>
                <p>FOIA/PA Office, Law and Policy Section, DOJ/Environment and Natural Resources Division, P.O. Box 4390, Ben Franklin Station, Washington, DC  20044-4390.</p>
                <p>For Executive Office for United States Attorneys information contact:</p>
                <p>FOIA/PA Staff, DOJ/EOUSA, 600 E Street NW., Room 7300, Washington, DC  20530-</p>
                <p>
                    0001.  Contact information for individual United States Attorneys’ Offices in the 94 Federal judicial districts nationwide can be located at <i>www.usdoj.gov/usao.</i>
                </p>
                <p> For Federal Bureau of Investigation information contact: Federal Bureau of Investigation, Record/Information Dissemination Section, 170 Marcel Drive, Winchester, VA  22602-4483.</p>
                <p> For National Security Division information contact: FOIA Public Liaison, DOJ/National Security Division, 950 Pennsylvania Avenue NW., Room 6150, Washington, DC  20530-0001.  </p>
                <p> For Office of the Inspector General information contact: FOIA Contact, DOJ/Office of the Inspector General, Office of General Counsel, 950 Pennsylvania Avenue NW., Room 4726, Washington, DC  20530.</p>
                <p> For Office of Professional Responsibility information contact: Special Counsel for FOIA/PA, DOJ/Office of Professional Responsibility, 950 Pennsylvania Avenue NW., Suite 3266, Washington, DC  20530.</p>
                <p> For Tax Division information contact: Assistant Attorney General, Tax</p>
                <p>Division, U.S. Department of Justice, 950 Pennsylvania Avenue NW., Washington, DC  20530.</p>
                <p> For United States Marshals Service information contact: FOIA/PA Officer, Office of General Counsel, DOJ/U.S. Marshals Service, CS4, 10th Floor, 2604 Jefferson Davis Highway, Alexandria, VA  22301.</p>
                <p>
                    A request for access to a record in this system must be submitted in writing and comply with 28 CFR part 16.  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 the penalty of perjury.  Although 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." 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.
                </p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>
                    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 reasons for contesting it, and the
                    proposed amendment to the record(s). Some information may be exempt from the amendment 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 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.
                </p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>
                    Sources of records contained in this system include, but are not limited to,
                    individuals covered by the system; reports of Federal, state, and local law enforcement agencies; client agencies of
                    the Department; other non-Department of Justice investigative agencies; other Federal, state, and local law
                    enforcement information; data, memoranda, and reports from the Court and agencies thereof; disciplinary records; publicly available information,
                    including electronic court records; and the work product of Assistant United States Attorneys and other DOJ
                    attorneys, staff, and legal assistants working on particular cases.
                </p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>
                    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 pursuant to 5 U.S.C. 552a(j) and (k). The exemptions
                    will be applied only to the extent that the information in the system is subject to exemption pursuant to 5 U.S.C.
                    552a(j) and (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 the Federal Register as of this date.
                </p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p>80 FR 16025 (March 26, 2015): Last published in full.</p>
            </xhtmlContent>
        </subsection>
    </section>  
    <section id="justice18" toc="yes">
        <systemNumber>-018</systemNumber>
        <subsection type="systemName">
            DOJ Insider Threat Program Records (ITPR),
          </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>This system includes both Classified and Unclassified information.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>Records may be maintained at all locations at which the Department of Justice (DOJ) operates or at which DOJ operations are supported, including: Robert F. Kennedy Main Justice Department Building, 950 Pennsylvania Avenue NW, Washington, DC 20530-0001; Federal Bureau of Investigation J. Edgar Hoover Building, 935 Pennsylvania Avenue NW, Washington, DC 20535-0001; Bureau of Alcohol, Tobacco, Firearms and Explosives, 99 New York Avenue NE, Washington DC 20226; and other DOJ components, field offices, information technology centers, and other locations as listed on the DOJ and DOJ components’ Internet websites, including https://www.justice.gov.  Some or all system information may also be duplicated at other locations where the DOJ has granted direct access for support of DOJ missions, for purposes of system backup, emergency preparedness, and/or continuity of operations.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>DOJ Insider Threat Program Manager, United States Department of Justice, Insider Threat Prevention and Detection Program, 145 N Street NE, Washington, DC, 20002, 202-357-0165, itp@usdoj.gov.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>E.O. 12968, Access to Classified Information, issued August 2, 1995, 60 FR 40245 (Aug. 7, 1995), as amended by E.O. 13467, Reforming Processes Related to Suitability for Government Employment, Fitness for Contractor Employees, and Eligibility for Access to Classified National Security Information, issued June 30, 2008, 73 FR 38103 (July 2, 2008); E.O. 13526, Classified National Security Information, issued December 29, 2009, 75 FR 707 (Jan. 5, 2010); E.O. 13587, Structural Reforms to Improve the Security of Classified Networks and the Responsible Sharing and Safeguarding of Classified Information, issued October 7, 2011, 76 FR 63811 (Oct. 13, 2011); and Presidential Memorandum, National Insider Threat Policy and Minimum Standards for Executive Branch Insider Threat Programs (Nov. 21, 2012).</p>
                <p>DOJ Order 901, Insider Threat (Feb. 12, 2014), also directs the head of each Department Component to implement DOJ policy and minimum standards issued pursuant to this policy and in coordination with the DOJ ITPDP and "[p]romulgate additional Component guidance, if needed, to reflect unique mission requirements consistent with meeting the minimum standards and guidance issued pursuant to this policy."</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>This system of records is used by DOJ employees and contractors to monitor, detect, deter, and/or mitigate DOJ insider threats.  The DOJ has established the DOJ ITPDP and this system of records in order to implement the requirements of E.O. 13587, Structural Reforms to Improve the Security of Classified Networks and the Responsible Sharing and Safeguarding of Classified Information (Oct. 7, 2011), and the National Insider Threat Policy and Minimum Standards for Executive Branch Insider Threat Programs (Nov. 21, 2012).  These authorities require agencies with access to Classified information to establish certain capabilities for detecting, deterring, and/or mitigating insider threats, including: accessing, gathering, integrating, assessing, and sharing information and data derived from offices across the organization for centralized analysis, reporting, and response; monitoring user activity on classified computer networks controlled by the Federal Government; evaluating personnel security information; and establishing procedures for insider threat response actions, such as inquiries to clarify or resolve insider threat matters.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>The categories of individuals covered by this system are DOJ insiders, defined as any person with authorized access to any DOJ resource to include personnel, facilities, information, equipment, networks or systems.  Such persons include but are not limited to present and former DOJ employees, members of joint task forces under the purview of the DOJ, contractors, detailees, assignees, interns, visitors, and guests.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>An insider threat is defined as the threat that any person with authorized access to any DOJ resource, to include personnel, facilities, information, equipment, networks or systems, will use his/her authorized access, wittingly or unwittingly, to do harm to the security of the United States.  This threat can include damage to the United States through espionage, terrorism, unauthorized disclosure of national security information, or through the loss or degradation of DOJ resources or capabilities.  See Presidential Memorandum, National Insider Threat Policy and Minimum Standards for Executive Branch Insider Threat Programs (Nov. 21, 2012).  The Minimum Standards state that Agency heads shall direct Counterintelligence, Security, Information Assurance, Human Resources, and other relevant organizational components to securely provide insider threat program personnel regular, timely, and, if possible, electronic access to the information necessary to identify, analyze, and resolve insider threat matters.  Such access and information includes, but is not limited to, the following:</p>
                <p>A. All relevant counterintelligence and security databases and files, including personnel security files, polygraph examination reports, facility access records, security violation files, travel records, foreign contact reports, and financial disclosure filings;</p>
                <p>B. All relevant Unclassified and Classified network information generated by Information Assurance elements, including, but not limited to, personnel usernames and aliases, levels of network access, audit data, unauthorized use of removable media, print logs, and other data needed for clarification or resolution of an insider threat concern; and</p>
                <p>C. All relevant Human Resources databases and files including, but not limited to, personnel files, payroll and voucher files, outside work and activities requests, disciplinary files, and personal contact records, as may be necessary for resolving or clarifying insider threat matters.</p>
                <p>Records in the ITPR system consist of information necessary to identify, analyze, or resolve insider threat matters, including the information listed above or information derived from such information.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Information may be provided by individuals covered by this system, the DOJ or other United States Government components, other domestic and foreign government entities, or obtained from private entities.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>In addition to those disclosures generally permitted under 5 U.S.C. 552a(b), all or a portion of the records or information contained in this system of records 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:</p>
                <p>A. To a governmental entity lawfully engaged in collecting law enforcement, law enforcement intelligence, or national security intelligence information for such purposes when determined to be relevant by the DOJ.</p>
                <p>B. To any person, organization, or governmental entity in order to notify them of a potential terrorist threat for the purpose of guarding against or responding to such threat.</p>
                <p>C. To any entity or individual 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. Information may similarly be disclosed to other recipients to the extent the information is relevant to the protection of life, health, or property.</p>
                <p>D. To any person or entity if necessary to elicit information or cooperation from the recipient for use by the DOJ in the performance of an authorized law enforcement, national security, or intelligence function.</p>
                <p>E. Violations of Law, Regulation, Rule, Order, or Contract. If any system record, alone, or in conjunction with other information, indicates a violation or potential violation of law (whether civil or criminal), regulation, rule, order, or contract, the pertinent record may be disclosed to the appropriate entity (whether federal, state, local, joint, tribal, foreign, or international) that is charged with the responsibility of investigating, prosecuting, implementing and/or enforcing such law, regulation, rule, order, or contract.</p>
                <p>F. Complainants and Victims. 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 investigations or cases arising from the matters of which they complained and/or of which they were victims.</p>
                <p>G. Courts or Adjudicative Bodies. To a court, grand jury, or administrative or adjudicative body, in matters in which (a) the DOJ or any DOJ employee in his or her official capacity, (b) any DOJ employee in his or her individual capacity where the Department of Justice has agreed to represent the employee, or (c) the United States, is or could be a party to the litigation, is likely to be affected by the litigation, or has an official interest in the litigation, and disclosure of system records has been determined by the DOJ to be arguably relevant, or by the adjudicator to be relevant, to the litigation.  Similar disclosures may be made in the situations stated above related to assistance provided to the Federal Government by non-DOJ employees (see Routine Use J).</p>
                <p>H. Parties. To an actual or potential party to litigation or his or her attorney or authorized representative for the purpose of negotiating or discussing such matters as settlement of the case or matter, plea bargaining, or informal discovery proceedings, in matters in which the DOJ has an official interest and in which the DOJ determines records in the system to be arguably relevant.</p>
                <p>I. Appropriate Disclosures to the Public. To the news media or members of the general public in furtherance of a legitimate law enforcement or public safety function as determined by the DOJ (e.g., to assist in locating fugitives; to provide notifications of arrests; to provide alerts, assessments, or similar information on potential threats to life, health, or property; or to keep the public appropriately informed of other law enforcement or DOJ matters or other matters of legitimate public interest) where disclosure could not reasonably be expected to constitute an unwarranted invasion of personal privacy.  (The availability of information in pending criminal or civil cases will be governed by the provisions of 28 CFR 50.2.)</p>
                <p>J. Non-DOJ Employees. To contractors, grantees, experts, consultants, students, or 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.</p>
                <p>K. To designated officers and employees of state, local (including the District of Columbia), 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 to the recipient agency’s decision.</p>
                <p>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 assignment, detail, or deployment 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.</p>
                <p>M. The White House. To the White House (the President, Vice President, their staffs, and other entities of the Executive Office of the President (EOP)), and, during Presidential transitions, the President-Elect and Vice-President-Elect and their designees for appointment, employment, security, and access purposes compatible with the purposes for which the records were collected by the DOJ, e.g., disclosure of information to assist the White House in making a determination whether an individual should be: (1) granted, denied, or permitted to continue in employment on the White House Staff; (2) given a Presidential appointment or Presidential recognition; (3) provided access, or continued access, to classified or sensitive information; or (4) permitted access, or continued access, to personnel or facilities of the White House/EOP complex.  System records may be disclosed also to the White House and, during Presidential transitions, to the President-Elect and Vice-President-Elect and their designees, for Executive Branch 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.  System records or information may also be disclosed during a Presidential campaign to a major-party Presidential candidate, including the candidate's designees, to the extent the disclosure is reasonably related to a clearance request submitted by the candidate for the candidate's transition team members pursuant to Section 7601 of the Intelligence Reform and Terrorism Prevention Act of 2004, as amended.</p>
                <p>N. Former Employees. To a former employee of the Department for purposes of: responding to an official inquiry by a federal, state, local, tribal, or territorial government entity or professional licensing authority, in accordance with applicable DOJ regulations; or facilitating communications with a former employee that may be necessary for personnel-related or other official purposes where the DOJ requires information and/or consultation assistance from the former employee regarding a matter within that person’s former area of responsibility.  (Such disclosures will be effected under procedures established in 28 CFR 16.300– 301 and DOJ Order 2710.8C, including any future revisions.)</p>
                <p>O. To federal, state, local, tribal, territorial, foreign, or international licensing agencies or associations when the DOJ determines the information is relevant to the suitability or eligibility of an individual for a license or permit.</p>
                <p>P. Members of Congress. To a Member of Congress or a person on his or her staff acting on 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.</p>
                <p>Q. National Archives and Records Administration (NARA) Records Management. To the National Archives and Records Administration (NARA) for purposes of records management inspections and such other purposes conducted under the authority of 44 U.S.C. 2904 and 2906.</p>
                <p>R. To appropriate agencies, entities, and persons when (1) DOJ suspects or has confirmed that there has been a breach of the system of records; (2) DOJ has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 DOJ’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.</p>
                <p>S. To another Federal agency or Federal entity, when DOJ 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.</p>
                <p> T. To such agencies, entities, or persons as is necessary to ensure the continuity of government functions in the event of any actual or potential disruption of normal government operations.  This use encompasses all manner of such situations in which government operations may be disrupted, including: Military, terrorist, cyber, or other attacks, natural or manmade disasters, and other national or local emergencies; inclement weather and other acts of nature; infrastructure/utility outages; failures, renovations, or maintenance of buildings or building systems; problems arising from planning, testing or other development efforts; and other operational interruptions.  This also includes all related pre-event planning, preparation, backup/redundancy, training and exercises, and post-event operations, mitigation, and recovery.</p>
                <p>U. To an agency of a foreign government or international agency or entity where the DOJ determines that the information is relevant to the recipient's responsibilities, dissemination serves the best interests of the United States Government, and where the purpose in making the disclosure is compatible with the purpose for which the information was collected.</p>
                <p>V. Auditors. To any agency, organization, or individual for the purposes of performing authorized audit or oversight operations of the DOJ and meeting related reporting requirements.</p>
                <p>W. As Mandated by Law. To such recipients and under such circumstances and procedures as are mandated by Federal statute, treaty, or other source of applicable law.</p>
             </xhtmlContent>
    </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Records in this system are stored on paper and/or in electronic form.  Electronic records are stored in enterprise information technology platforms and networks, databases and/or on hard disks, removable storage devices, or other electronic media.  Paper records may be stored in individual file folders and file cabinets with controlled access, or other appropriate GSA-approved security containers.  Classified information is stored in accordance with applicable legal, administrative, and other requirements.</p>
                
                </xhtmlContent>
    </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Information in this system may be retrieved by an individual's name, user ID, email address, Social Security number, unique employee identifier, as well as by use of key word search terms, including the names of persons with whom covered individuals have interacted or to whom they have been linked.</p>
               
                </xhtmlContent>
    </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Records in this system are maintained and destroyed in accordance with applicable schedules and procedures issued or approved by NARA.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>Records are maintained in secure, restricted areas and are accessed only by personnel who have a need for the records in the performance of their duties and have been authorized to access them.  Physical security protections include guarded and locked facilities requiring badges and passwords for access and other physical and technological safeguards (such as role-based access and strong passwords) to prevent unauthorized access.  All visitors must be accompanied by authorized staff personnel at all times. Highly Classified or sensitive information is electronically transmitted on secure lines and in encrypted form to prevent interception and interpretation.  Users accessing system components through mobile or portable computers or electronic devices such as laptop computers, multi-purpose cell phones, and personal digital assistants (PDAs) must comply with the DOJ's remote access policy, which requires encryption.  All DOJ employees receive a complete background investigation prior to being hired.  Other persons with authorized access to system records receive comparable vetting.  All personnel are required to undergo privacy and annual information security training, and are cautioned about divulging confidential information or any information contained in DOJ files.  Failure to abide by this provision violates DOJ regulations and may violate certain civil and criminal statutes providing for penalties of fine or imprisonment or both.  As a condition of employment, DOJ personnel also sign nondisclosure agreements which encompass, as appropriate, Classified and Unclassified information and remain in force even after DOJ employment.  Employees who resign or retire are also cautioned about divulging information acquired in their DOJ capacity.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>The Attorney General has exempted this system of records from the notification, access, amendment, and contest procedures 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) or (k).  Where compliance would not appear to interfere with or adversely affect the purposes of the system, or the overall law enforcement/intelligence process, the applicable exemption (in whole or in part) may be waived by the DOJ in its sole discretion.</p>
                <p>A request for access to a record from this system of records must be submitted in writing and comply with 28 CFR part 16, and should be sent to the Office of Information Policy, 1425 New York Avenue NW, Suite 11050, Washington, DC 20530-0001.  The envelope and 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 https://www.justice.gov/sites/default/files/oip/legacy/2014/07/23/cert_ind.pdf.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>The Attorney General has exempted this system of records from the notification, access, amendment, and contest procedures 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) or (k).  Where compliance would not appear to interfere with or adversely affect the purposes of the system, or the overall law enforcement/intelligence process, the applicable exemption (in whole or in part) may be waived by the DOJ in its sole discretion.</p>
                <p>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.  The envelope and letter should be clearly marked "Privacy Act Amendment Request" and comply with 28 CFR 16.46.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>Same as the "RECORD ACCESS PROCEDURES," above.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p> The Attorney General has exempted this system of records from subsection (c)(3) and (4); (d)(1), (2), (3) and (4); (e)(1), (2), and (3); (e)(4)(G), (H) and (I); (e)(5) and (8); (f) and (g) of the Privacy Act.  These exemptions apply only to the extent that information in the system is subject to exemption pursuant to 5 U.S.C. 552a(j) or (k). Rules are being promulgated in accordance with the requirements of 5 U.S.C. 553(b), (c), and (e) and have been published in this Federal Register.  In addition, the DOJ will continue in effect and claim all exemptions claimed under 5 U.S.C. 552a(j) or (k) (or other applicable authority) by an originating agency from which the DOJ obtains records, where one or more reasons underlying an original exemption claim remain valid.  Where compliance with an exempted provision does not appear to interfere with or adversely affect interests of the United States or other stakeholders, the DOJ in its sole discretion may waive an exemption in whole or in part; exercise of the discretionary waiver prerogative in a particular matter shall not create any entitlement to or expectation of waiver in that matter or any other matter.  As a condition of discretionary waiver, the DOJ in its sole discretion may impose any restrictions deemed advisable by the DOJ (including, but not limited to, restrictions on the location, manner, or scope of notice, access or amendment).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
    </section>

    <section id="justice19" toc="yes">
        <systemNumber>-019</systemNumber>
        <subsection type="systemName">Department of Justice Library Circulation System, JUSTICE/DOJ-019.</subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Unclassified.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>Records will be maintained electronically at one or more of the Department’s data centers, including, but not limited to, the Justice Data Center, Rockville, MD 20854, and/or at one or more of the Department’s Core Enterprise Facilities (CEF), including, but not limited to, the Department’s CEF East, Clarksburg, WV 26306, or CEF West, Pocatello, ID 83201.  Records within this system of records may be transferred to a Department-authorized cloud service provider, in which records would be limited to locations within the Continental United States.</p>
                <p>Access to these electronic records includes all locations at which the DOJ Library Staff operates or at which DOJ Library Staff operations are supported, including the Robert F. Kennedy Department of Justice Building, 950 Pennsylvania Avenue NW, Room 5315, Washington, DC 20530.  Some or all system information may also be duplicated at other locations where the Department has granted direct access to support DOJ Library Staff operations, system backup, emergency preparedness, and/or continuity of operations.</p>
                <p>To determine the location of particular Library Circulation System records, contact the system manager, whose contact information is listed in the "SYSTEM MANAGER(S)" paragraph, below.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Director, Library Staff, Justice Management Division, Robert F. Kennedy Department of Justice Building, 950 Pennsylvania Avenue NW, Room 5315, Washington, DC 20530.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>5 U.S.C. 301, 44 U.S.C. 3101, and 28 CFR 0.77(h).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>The purpose of this system of records is to accurately track items currently checked out from the Department’s libraries by registered users, and to ensure that all items are returned to the Department of Justice’s libraries in a timely fashion and/or upon the departure from the Department of Justice by an employee who has borrowed materials from a Department library.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>DOJ contractors and employees, including student interns and temporary employees, who register with the Department of Justice libraries to borrow materials from the libraries.  Also covered are DOJ employees and contractors responsible for the operation and maintenance of the system.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>Records include information on the library material(s) currently checked out by each individual.  Specifically, the system tracks the name, office telephone number, email address, and office address of the borrower of each item currently checked out.  The system also tracks the identification number or barcode associated with each work in the libraries’ collections.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Records contained in this system of records are derived from information provided directly by the individual and from the DOJ Employee Directory Systems. </p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>In addition to those disclosures generally permitted under 5 U.S.C. 552a(b), all or a portion of the records or information contained in this system of records 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:</p>
                <p>(a) Where a record, either alone or in conjunction with other information, indicates a violation or potential violation of law – criminal, civil, or regulatory in nature – the relevant records may be referred to the appropriate Federal, state, local, territorial, tribal, or foreign law enforcement authority or other appropriate entity charged with the responsibility for investigating or prosecuting such violation or charged with enforcing or implementing such law.</p>
                <p>(b) To any person or entity that the Department has reason to believe possesses information regarding a matter within the jurisdiction of the Department, to the extent deemed to be necessary by the Department in order to elicit such information or cooperation from the recipient for use in the performance of an authorized activity.</p>
                <p>(c) 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.</p>
                <p>(d) To an actual or potential party to litigation or the party’s authorized representative for the purpose of negotiation or discussion of such matters as settlement, plea bargaining, or in informal discovery proceedings.</p>
                <p>(e) 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>
                <p>(f) 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.</p>
                <p>(g) 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.</p>
                <p>(h) To appropriate officials and employees of a Federal agency or entity when the information is 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 investigation; the letting of a contract; or the issuance of a grant or benefit.</p>
                <p>(i) 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.</p>
                <p>(j) 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.</p>
                <p>(k) 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.</p>
                <p>(l) 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.</p>
                <p>(m) To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, the Department (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 Department efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.</p>
                <p>(n) To another Federal agency or Federal entity, when the Department 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.</p>
                <p>(o) To such recipients and under such circumstances and procedures as are mandated by Federal statute or treaty.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Records in this system are stored in electronic form.  Records are stored securely in accordance with applicable executive orders, statutes, and agency implementing recommendations.  Electronic records are stored in databases and/or on hard disks, removable storage devices, or other electronic media.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Information is retrieved by an individual’s identifying information (e.g., name or email address), or by identification of a particular item (e.g., a book maintained at the Department library) that an individual currently has checked out from the libraries’ collections.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>Records are retained and destroyed in accordance with applicable schedules and procedures issued or approved by the National Archives and Records Administration. The circulation and use records of the Department-wide Library Circulation System are maintained for no longer than one year after borrowed items are returned. (DAA-GRS- 2013-0002).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>Information in this system is maintained in accordance with applicable laws, rules, and policies on protecting individual privacy.  The servers storing electronic data and the backup tapes stored onsite are located in locked rooms with access limited to authorized agency personnel.  Backup tapes stored offsite are maintained in accordance with a government contract that requires adherence to applicable laws, rules, and policies on protecting individual privacy.  Internet connections are protected by multiple firewalls.</p>
                <p>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.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>All requests for access to records must be in writing and should be addressed to the Justice Management Division, ATTN: FOIA Contact, Robert F. Kennedy Department of Justice Building, Room 1111, 950 Pennsylvania Avenue, NW, Washington, DC 20530, sent by facsimile to (202) 616-6695, or emailed to JMDFOIA@usdoj.gov. The envelope and letter should be clearly marked "Privacy Act Access Request." The request must describe the records sought in sufficient detail to enable Department personnel to locate them with a reasonable amount of effort.  The request must 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 either notarized or submitted under penalty of perjury.</p>
                <p>Although no specific form is required, you may obtain forms for this purpose from the FOIA/Privacy Act Mail Referral Unit, Robert F. Kennedy Department of Justice Building, 950 Pennsylvania Avenue NW, Washington, DC 20530, or on the DOJ Web site at https://www.justice.gov/oip/oip-request.html.  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."</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>Individuals seeking to contest or amend records maintained in this system of records must direct their requests to the address indicated in the "RECORD ACCESS PROCEDURES" paragraph, above.  All requests to contest or amend records must be in writing and the envelope and letter should be clearly marked "Privacy Act Amendment Request."  All requests must state clearly and concisely what record is being contested, the reasons for contesting it, and the proposed amendment to the record.  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."</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>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.
                </p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
    </section>


<section id="atf1" toc="yes">
<systemNumber>/ATF-001</systemNumber>
<subsection type="systemName">Administrative Record System-Justice/ATF-001.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), 650 Massachusetts Avenue, NW.,
Washington, DC 20226. Components of this record system are geographically dispersed throughout the
Bureau’s field offices. A list of field offices is available by writing to the Chief, Disclosure
Division, Room 8400, 650 Massachusetts Avenue, NW., Washington, DC 20226.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>(1) Present employees of the Bureau of ATF. (2) Former employees of the Bureau of ATF. (3)
Claimants against the Bureau of ATF.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Documents related to claims submitted including: (1) Accident Report--vehicle; (2)
Fatality reports; (3) Injury reports; (4) Chief Counsel and District Counsel memoranda and opinions.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>(1) Federal Claims Collection Act. (2) Federal Property and Administration Services Act of
1949, as amended. (3) Federal Tort Claims Act. (4) Military Personnel and Civilian Claims Act. (5)
Occupational Safety and Health Act of 1970. (6) Small Claims Act. (7) 5 U.S.C. 1302, 3301, 3302.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The purpose of this system is to resolve claims submitted to the Bureau of Alcohol, Tobacco,
Firearms and Explosives.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>A record in this system may be disclosed as a routine use:
</p><p>A. 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.
</p><p>B. 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.
</p><p>C. In the event that a record in this system, either alone or in conjunction with other
information, indicates a violation or potential violation of law--criminal, civil, or
regulatory in nature--the relevant records may be referred to the appropriate federal, state,
local, foreign, or tribal law enforcement authority or other appropriate agency charged with the
responsibility for investigating or prosecuting such violation or charged with enforcing or
implementing such law.
</p><p>D. To officials and employees of a federal agency or entity, including the White House, which
requires information relevant to a decision concerning the hiring, appointment, or retention of an
employee; the issuance of a security clearance; the execution of a security or suitability
investigation; the classification of a job; or the issuance of a grant or benefit.
</p><p>E. In an appropriate proceeding before a court or administrative or regulatory body when records
are determined by the Department of Justice to be arguably relevant to the proceeding.
</p><p>F. 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.
</p><p>G. 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.
</p><p>H. To federal, state, and local licensing agencies or associations, which require information
concerning the suitability or eligibility of an individual for a license or permit.
</p><p>I. To the General Services Administration and National Archives and Records Administration in
records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>J. 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.
</p><p>K. To such recipients and under such circumstances and procedures as are mandated by federal
statute or treaty.
</p><p>L. To an organization or individual in either the public or private sector where there is reason
to believe the recipient is or could become the target of a particular criminal activity or
conspiracy, to the extent the information is relevant to the protection of life or property.
</p><p>M. To individuals and organizations to the extent necessary to obtain relevant information needed
by the Bureau to render a decision in regard to an administrative matter.
</p><p>N. To Treasury Department, Alcohol and Tobacco Tax and Trade Bureau employees, when necessary to
accomplish a Treasury Department or Department of Justice function related to this system of
records.
</p><p>O. To unions recognized as exclusive bargaining representatives in accordance with provisions
contained in the Civil Service Reform Act of 1978, 5 U.S.C. 7111 and 7114.
</p><p>P. 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Active records are stored in file folders in security filing cabinets. Inactive records are
stored in file folders at Federal Records Centers. Records are also stored in electronic media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by name of individual.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Direct access is restricted to personnel in the Department of Justice in the performance of
their duty. Records are transmitted to routine users on a need to know basis or where a right to
access is established, and to others upon verification of the substance and propriety of the
request. These records are stored in lockable metal file cabinets in rooms locked during non-duty
hours. The records stored in electronic media are password protected.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are retained in accordance with General Records Schedules Numbers 1 through 23
issued by the National Archives and Records Administration, and Bureau of Alcohol, Tobacco, Firearms
and Explosives records control schedules numbers 101 and 201 and disposed of by shredding or
burning.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Director, Office of Management/Chief Financial Officer, Bureau of Alcohol,
Tobacco, Firearms and Explosives, 650 Massachusetts Avenue, NW., Washington, DC 20226.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>See "Record access procedures"  below.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>For records accessible through the Privacy Act, a request should be made in writing and
mailed to the Disclosure Division, Privacy Act Request, Bureau of Alcohol, Tobacco, Firearms and
Explosives, 650 Massachusetts Avenue, NW., Washington, DC 20226. The envelope and the letter should
be 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, dated, and either notarized or submitted under penalty of
perjury.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request 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.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>(1) Administrative records; (2) Claimants; (3) Doctors; (4) Employee records; (5) Fiscal
records; (6) Former employees of the Bureau of ATF; (7) Former employers; (8) General Services
Administration; (9) Individuals who have information relevant to claims; (10) Inspections records;
(11) Internal Investigation reports; (12) Police reports; (13) Present employees of the Bureau of
ATF; (14) Supervisors; (15) Witnesses; (16) Insurance companies.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="atf3" toc="yes">
<systemNumber>/ATF-003</systemNumber>
<subsection type="systemName">Criminal Investigation Report System, Justice/ATF-003.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Bureau of Alcohol, Tobacco, Firearms and Explosives, 650 Massachusetts Avenue, NW.,
Washington, DC 20226. Components of this record system are geographically dispersed throughout
Bureau of Alcohol, Tobacco, Firearms and Explosives’ field offices. A list of field offices is
available by writing to the Chief, Disclosure Division, Room 8400, 650 Massachusetts Avenue, NW.,
Washington, DC 20226.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>(1) Criminal offenders or alleged criminal offenders acting alone or in concert with other
individuals and suspects who have been or are under investigation for a violation or suspected
violation of laws enforced by the Bureau; (2) Criminal offenders or alleged criminal offenders
acting alone or in concert with individuals who have been referred to the Bureau of Alcohol,
Tobacco, Firearms and Explosives by other law enforcement agencies, governmental units or the
general public; (3) Informants; (4) Persons who come to the attention of the Bureau in the course of
criminal investigations; (5) Persons who have been convicted of a crime punishable by imprisonment
for a term exceeding one year and who have applied for relief from disabilities under Federal law
with respect to the acquisition, receipt, transfer, shipment, or possession of firearms and
explosives and whose disability was incurred by reason of such conviction; (6) Victims of crimes;
(7) Witnesses.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>(a) Records containing information compiled for the purpose of identifying individual
criminal offenders and alleged offenders and consisting of identifying data and notations of arrest,
the nature and disposition of criminal charges, sentencing, confinement, release, and parole and
probation status; (b) Records containing information compiled for the purpose of a criminal
investigation, including reports of informants and investigators, and associated with an
identifiable individual; (c) Records containing reports identifiable to an individual compiled at
various stages of the process of enforcement of criminal laws from arrest or indictment through
release from supervision; (d) Records compiled and maintained by the Bureau as generally described
in (a), (b), and (c) above including the following: (1) Abandoned property reports; (2) ATF Criminal
Investigation Reports; (3) ATF referrals to foreign, Federal, state, and local law enforcement
agencies; (4) Chief and Regional Counsel opinions; (5) Contemporaneous investigative notes; (6)
Criminal investigatory correspondence from and to foreign, Federal, state and local law enforcement
agencies; (7) Criminal intelligence information on individuals suspected to be violating ATF laws
and regulations; (8) Documentary proof of defendant’s criminal record, identity, or lack of
registration of National Firearms Act (N.F.A.) (as amended) firearm(s); (9) FBI Criminal Record
Reports; (10) Fingerprints and palmprints; (11) Fugitive arrest warrants; (12) Handwriting
exemplars; (13) Records of violations and reputation; (14) Illicit liquor and raw material surveys;
(15) Laboratory reports of evidence analysis; (16) Memoranda of expected testimony of witnesses;
(17) Organized crime members violating or suspected of violating ATF laws; (18) Parole and pardon
reports; (19) Personal histories (address, employment, social security number, financial background,
physical description, etc.); (20) Photographs; (21) Purchase of evidence records; (22) Records of
electronic surveillance by ATF; (23) Records received in response to summons and subpoenas; (24)
Reliefs from disability; (25) Reports of interview with witnesses; (26) Search warrants and
affidavits for search warrants; (27) Seized property reports; (28) Criminal records concerning
firearms, explosives and alcohol; (29) Special agent’s daily activity diary (accessible by date
only); (30) State and local law enforcement criminal investigative reports; (31) Statements of
defendants; (32) Statements of witnesses; (33) Summons and subpoenas issued pursuant to criminal
investigations; (34) Voice prints; (35) Wagering tax suspected violators; (36) Warning and demand
letters; (37) Criminal violation reports (a formal report compiling all or portions of the foregoing
for prosecutive purposes).
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>(1) 26 U.S.C. Chapter 40; (2) 26 U.S.C. Chapter 53, as amended; (3) 26 U.S.C. Chapters 61
through 80, as amended; (4) 18 U.S.C. Chapter 40; (5) 18 U.S.C. Chapter 44; (6) 18 U.S.C. Chapter
59; (7) 18 U.S.C. Chapter 114; (8) 22 U.S.C. 227; (9) 18 U.S.C. 1952; (10) Pub. L. 107-296.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The purpose of this system is to suppress traffic in distilled spirits and tobacco products
on which taxes have not been paid; to enforce the Federal laws relating to the illegal possession
and use of firearms, destructive devices, explosives, explosive materials; and to assist Federal,
state, local and foreign law enforcement agencies in reducing crime and violence.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>A record in this system may be disclosed as a routine use:
</p><p>A. 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.
</p><p>B. 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.
</p><p>C. To appropriate federal, state, local, foreign, or tribal law enforcement authorities for law
enforcement purposes--criminal, civil, or regulatory.
</p><p>D. To officials and employees of a federal agency or entity, including the White House, which
requires information relevant to a decision concerning the hiring, appointment, or retention of an
employee; the issuance of a security clearance; the execution of a security or suitability
investigation; the classification of a job; or the issuance of a grant or benefit.
</p><p>E. In an appropriate proceeding before a court or administrative or regulatory body when records
are determined by the Department of Justice to be arguably relevant to the proceeding.
</p><p>F. 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.
</p><p>G. 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.
</p><p>H. To federal, state, and local licensing agencies or associations, which require information
concerning the suitability or eligibility of an individual for a license or permit.
</p><p>I. To the General Services Administration and National Archives and Records Administration in
records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>J. 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.
</p><p>K. To such recipients and under such circumstances and procedures as are mandated by federal
statute or treaty.
</p><p>L. To an organization or individual in either the public or private sector where there is reason
to believe the recipient is or could become the target of a particular criminal activity or
conspiracy, to the extent the information is relevant to the protection of life or property.
</p><p>M. To individuals and organizations in the course of an investigation to the extent necessary to
obtain information pertinent to the investigation.
</p><p>N. To Treasury Department, Alcohol and Tobacco Tax and Trade Bureau employees, when necessary to
accomplish a Treasury Department or Department of Justice function related to this system of
records.
</p><p>O. To criminal or national security intelligence gathering organizations for the purpose of
identifying and suppressing the activities of international and national criminals and terrorists.
</p><p>P. To insurance companies making determinations regarding claims in cases where the Bureau has
conducted or is conducting an arson investigation.
</p><p>Q. To unions recognized as exclusive bargaining representatives in accordance with provisions
contained in the Civil Service Reform Act of 1978, 5 U.S.C. 7111 and 7114.
</p><p>R. 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Active records are stored in file folders in secure filing cabinets. Inactive records are
stored in file folders at Federal Records Centers. Records are also stored in electronic media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by name, date of birth, social security number, other unique
identifier, investigation number, serial number of firearm, or a combination of any of these; plus
date and geographical location of incident giving rise to investigation.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Direct access restricted to personnel in the Department of Justice in the performance of
their duty. Transmitted to routine users on a need to know basis and to others upon verification of
the substance and propriety of the request. Stored in lockable file cabinets in rooms locked during
non-duty hours. The records stored in electronic media are password protected.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are retained in accordance with General Records Schedules numbers 1 through 23
issued by the National Archives and Records Administration, and Bureau of Alcohol, Tobacco, Firearms
and Explosives Records Control Schedules numbers 101 and 201 and disposed of by shredding or
burning. Records on tape or on-line mass storage are disposed of by degaussing.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Director, Firearms Explosive &amp; Arson; Assistant Director, Field Operations;
and Assistant Director, Science &amp; Technology, Bureau of Alcohol, Tobacco, Firearms and
Explosives, 650 Massachusetts Avenue, NW, Washington, DC 20226.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>See "Record access procedures"  below.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>For Records Accessible through the Privacy Act, mail a request in writing to the Disclosure
Division, Privacy Act Request, Bureau of Alcohol, Tobacco, Firearms and Explosives, 650
Massachusetts Avenue, NW., Washington, DC 20226, 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.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request 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.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Categories of individuals covered by the system:  (1) Federal, state and local agencies; (2)
witnesses; (3) employers; (4) professional organizations; (5) victims; (6) criminal offenders or
alleged criminal offenders; (7) fiscal records; (8) inspection records; (9) investigation records;
(10) persons having knowledge of potential criminal activity; and (11) other persons listed in
"Categories of individuals covered by the system"  in this notice.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>Pursuant to 5 U.S.C. 552a(j)(2), the Attorney General has exempted records in this system
from subsections (c)(3) and (4), (d)(1), (2),(3) and (4), (e)(1), (2) and (3), (e)(4)(G), (H), and
(I), (e)(5) and (8), (f) and (g) of the Privacy Act. Rules have been promulgated in accordance with
the requirement of 5 U.S.C. 553(b), (c) and (e) and are published in today’s <i>Federal
Register</i>.
</p></xhtmlContent></subsection></section>
<section id="atf6" toc="yes">
<systemNumber>/ATF-006</systemNumber>
<subsection type="systemName">Internal Security Record System-Justice/ATF-006.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Bureau of Alcohol, Tobacco, Firearms and Explosives, 650 Massachusetts Avenue, NW,
Washington, DC 20226.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>(1) Present employees of the Bureau of ATF; (2) Former employees of the Bureau of ATF; (3)
Applicants for employment; (4) Non-Bureau employees involved in criminal acts toward Bureau
employees and Bureau property; (5) Individuals who were interviewed by Internal Affairs Special
Agents; (6) Contract employees.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>(1) Records containing investigative material compiled for law enforcement purposes
including information relating to: (a) Conduct of employees and contract employees; (b) Integrity of
employees; (2) Records containing investigative material compiled solely for the purpose of
determining suitability, eligibility, or qualifications for Federal civilian employment or access to
classified information including reports relating to security clearances of employees.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>18 U.S.C. 201, Executive Order 10450, Executive Order 11222.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>This system is used to assure the Bureau Director, the Department of Justice, and the public
that the Bureau is taking strong and vigorous steps to maintain the highest standards of integrity,
loyalty, conduct, and security among Bureau personnel and contract employees. When a criminal
investigation results in a compilation of information contained in this system, the information so
compiled shall be transferred to the ATF Criminal Investigation Report System and shall become a
part of that system for all purposes of the Privacy Act of 1974.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>A record in this system may be disclosed as a routine use:
</p><p>A. 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.
</p><p>B. 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.
</p><p>C. In the event that a record in this system, either alone or in conjunction with other
information, indicates a violation or potential violation of law--criminal, civil, or
regulatory in nature--the relevant records may be referred to the appropriate federal, state,
local, foreign, or tribal law enforcement authority or other appropriate agency charged with the
responsibility for investigating or prosecuting such violation or charged with enforcing or
implementing such law.
</p><p>D. To officials and employees of a federal agency or entity, including the White House, which
requires information relevant to a decision concerning the hiring, appointment, or retention of an
employee; the issuance of a security clearance; the execution of a security or suitability
investigation; the classification of a job; or the issuance of a grant or benefit.
</p><p>E. In an appropriate proceeding before a court or administrative or regulatory body when records
are determined by the Department of Justice to be arguably relevant to the proceeding.
</p><p>F. 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.
</p><p>G. 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.
</p><p>H. To federal, state, and local licensing agencies or associations, which require information
concerning the suitability or eligibility of an individual for a license or permit.
</p><p>I. To the General Services Administration and National Archives and Records Administration in
records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>J. 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.
</p><p>K. To such recipients and under such circumstances and procedures as are mandated by federal
statute or treaty.
</p><p>L. To an organization or individual in either the public or private sector where there is reason
to believe the recipient is or could become the target of a particular criminal activity or
conspiracy, to the extent the information is relevant to the protection of life or property.
</p><p>M. To individuals and organizations in the course of an investigation to the extent necessary to
obtain information pertinent to the investigation.
</p><p>N. To Treasury Department, Alcohol and Tobacco Tax and Trade Bureau employees, when necessary to
accomplish a Treasury Department or Department of Justice function related to this system of
records.
</p><p>O. To unions recognized as exclusive bargaining representatives in accordance with provisions
contained in the Civil Service Reform Act of 1978, 5 U.S.C. 7111 and 7114.
</p><p>P. 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 matter of which they complained and/or of which they were a victim.
</p><p>Q. To designated officers and employees of state or local (including the District of Columbia)
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.
</p><p>R. To the Office of Personnel Management, Merit Systems Protection Board, Equal Employment
Opportunity Commission, Federal Labor Relations Authority, and the Office of Special Counsel for the
purpose of properly administering Federal personnel systems or other agencies’ systems in accordance
with applicable laws, Executive Orders, and regulations.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Active records stored in file folders in security filing cabinets and computer system (hard
disk). Inactive records stored in file folders at Federal Records Center.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Direct access restricted to personnel in Department of the Justice in the performance of
their duty. Transmitted to routine users on a need to know basis and to others upon verification of
the substance and propriety of the request. Stored in lockable metal file cabinets in rooms locked
during non-duty hours.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are retained in accordance with General Records Schedules Numbers 1 through 20
issued by the National Archives and Records Administration, and Bureau of Alcohol, Tobacco, Firearms
and Explosives Records Control Schedules numbers 101 and 201 and disposed of by shredding or
burning.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Director (Office of Inspection), Bureau of Alcohol, Tobacco, Firearms and
Explosives, 650 Massachusetts Avenue, NW, Washington, DC 20226.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>See "Record access procedures"  below.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>For records accessible through the Privacy Act, address a request in writing to Disclosure
Division, Privacy Act Request, Bureau of Alcohol, Tobacco, Firearms and Explosives, 650
Massachusetts Avenue, NW., Washington, DC 20226, 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, 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.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request 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.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Examples include: (1) Employees of this Bureau; (2) Internal Investigative report forms; (3)
Witnesses; (4) Informants; (5) Federal, state and local enforcement agencies; (6) Employers; (7)
Educational institutions; (8) Credit agencies; (9) Neighbors; (10) References; (11) Professional
Organizations; (12) Other government agencies; (13) Claimants; (14) Victims.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>Pursuant to 5 U.S.C. 552a(k)(5) (relating to security clearances) and (k)(2) (relating to
conduct and integrity), the Attorney General has exempted records in this system from subsections
(c)(3), (d)(1), (2), (3) and (4), (e)(1), (e)(4)(G), (H), and (I) and (f) of the Privacy Act. Rules
have been promulgated in accordance with the requirement of 5 U.S.C. 553(b), (c) and (e) and are
published in today’s <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="atf7" toc="yes">
<systemNumber>/ATF-007</systemNumber>
<subsection type="systemName">Personnel Record System-Justice/ATF-007.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Bureau of Alcohol, Tobacco, Firearms and Explosives, 650 Massachusetts Avenue, NW.,
Washington, DC 20226. Components of this record system are geographically dispersed throughout the
Bureau’s field offices. A list of field offices is available by writing to the Chief, Disclosure
Division, Room 8400, 650 Massachusetts Avenue, NW, Washington, DC 20226.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>(1) Present Employees of the Bureau of ATF; (2) Former Employees of the Bureau of ATF; (3)
Applicants for employment with ATF.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records include: (1) Allotment and Dues; (2) Annual Tax Reports; (3) Applicants for
employment; (4) Applications for reassignment; (5) Awards, honors, and fellowship records; (6)
Classification appeal records; (7) Death claim records; (8) Educational history; (9) Employee
indebtedness records; (10) Employees qualified as Grievance Examiners; (11) Employee Suggestions;
(12) Employee history; (13) Employee relations case file; (14) Equal employment opportunity records;
(15) Health maintenance records; (16) Insurance records; (17) Military history; (18) Occupational
injuries, disabilities, and Worker’s Compensation Records; (19) Official personnel folder; (20)
Outside employment and identification numbers, business or professional records; (21) Outside
employment; (22) Outside financial interests; (23) Overtime and/or Premium Pay records; (24)
Performance evaluation records; (25) Personal history; (26) Position description records; (27)
Promotion/Selection Certificates Records; (28) Property custody records; (29) Retirement records;
(30) Records of security clearance; (31) Statement of career goals; (32) Supervisory or managerial
potential records; (33) Temporary assignments and details; (34) Time application reports and
records; (35) Training record; (36) U.S. Savings Bond participation records; (37) Upward mobility
applications; (38) Vehicle accidents; (39) Withholding tax records; (40) Work schedule records; (41)
Chief Counsel and Regional Counsel memoranda and opinions; (42) Government passport records.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>(1) 5 U.S.C. Chapter 29, Subchapter II; (2) 5 U.S.C. Chapters 31 and 33; (3) 5 U.S.C.
Chapter 43; (4) 5 U.S.C. Chapter 45; (5) 5 U.S.C. Chapter 51; (6) 5 U.S.C. Chapter 55, subchapter
III; (7) 5 U.S.C. Chapter 61; (8) 5 U.S.C. Chapter 75; (9) 5 U.S.C. Chapter 83; (10) 5 U.S.C. 301;
31 CFR 2.28; 5 CFR 550.122, 550.183; (11) 5 U.S.C. 4503; (12) 5 U.S.C. 5101-5115; (13) 5
U.S.C. 7151-7154; (14) 5 U.S.C. 7901; (15) Public Law 92-261 (Equal Employment Act of
1972); (16) Pub. L. 93-579; (Federal Employees Compensation Act); (17) Occupational Safety and
Health Act of 1970; (18) Executive Order 10561; (19) Executive Order 11222; (20) Executive Order
11478; (21) Executive Order 11491.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The purpose of this system is to provide a source of factual data about a person’s Federal
employment while in the service of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>A record in this system may be disclosed as a routine use:
</p><p>A. 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.
</p><p>B. 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.
</p><p>C. In the event that a record in this system, either alone or in conjunction with other
information, indicates a violation or potential violation of law--criminal, civil, or
regulatory in nature--the relevant records may be referred to the appropriate federal, state,
local, foreign, or tribal law enforcement authority or other appropriate agency charged with the
responsibility for investigating or prosecuting such violation or charged with enforcing or
implementing such law.
</p><p>D. To officials and employees of a federal agency or entity, including the White House, which
requires information relevant to a decision concerning the hiring, appointment, or retention of an
employee; the issuance of a security clearance; the execution of a security or suitability
investigation; the classification of a job; or the issuance of a grant or benefit.
</p><p>E. In an appropriate proceeding before a court or administrative or regulatory body when records
are determined by the Department of Justice to be arguably relevant to the proceeding.
</p><p>F. 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.
</p><p>G. 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.
</p><p>H. To federal, state, and local licensing agencies or associations, which require information
concerning the suitability or eligibility of an individual for a license or permit.
</p><p>I. To the General Services Administration and National Archives and Records Administration in
records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>J. 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.
</p><p>K. To such recipients and under such circumstances and procedures as are mandated by federal
statute or treaty.
</p><p>L. To an organization or individual in either the public or private sector where there is reason
to believe the recipient is or could become the target of a particular criminal activity or
conspiracy, to the extent the information is relevant to the protection of life or property.
</p><p>M. To individuals and organizations to the extent necessary to obtain relevant information needed
by the Bureau to render a decision in regard to a personnel matter.
</p><p>N. To Treasury Department, Alcohol and Tobacco Tax and Trade Bureau employees, when necessary to
accomplish a Treasury Department or Department of Justice function related to this system of
records.
</p><p>O. To unions recognized as exclusive bargaining representatives in accordance with provisions
contained in the Civil Service Reform Act of 1978, 5 U.S.C. 7111 and 7114.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Active records are stored in file folders in security filing cabinets. Inactive records are
stored in file folders at Federal Records Centers. Records are also stored in electronic media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by name, date of birth, social security number, employee
identification number, or a combination of any of these four.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Direct access is restricted to personnel in the Department of Justice in the performance of
their duty. Records are transmitted to routine users on a need to know basis or where a right to
access is established, and to others upon verification of the substance and propriety of the
request. These records are stored in lockable file cabinets in rooms locked during non-duty hours.
The records stored in electronic media are password protected.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are retained in accordance with General Records Schedules numbers 1 through 23
issued by the National Archives and Records Administration, and Bureau of Alcohol, Tobacco, Firearms
and Explosives Records Control Schedules numbers 101 and 201 and disposed of by shredding, burning
or by degaussing.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Director, Office of Science and Technology; Assistant Director, Public and
Governmental Affairs; and Assistant Director, Management/Chief Financial Officer, Bureau of Alcohol,
Tobacco, Firearms and Explosives, 650 Massachusetts Avenue, NW, Washington, DC 20226.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>See "Record access procedures"  below.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>For records accessible through the Privacy Act, mail a request in writing to the Disclosure
Division, Privacy Act Request, Bureau of Alcohol, Tobacco, Firearms and Explosives, 650
Massachusetts Avenue, NW, Washington, DC 20226, 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, 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.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request 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.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Examples include: (1) Administrative Records; (2) Applicants for employment with the Bureau;
(3) Acquaintances; (4) Business and professional associates; (5) Creditors; (6) Criminal records;
(7) Educational Institutions attended; (8) Employee records; (9) Equal Employment Opportunity
Commission; (10) Financial institutions; (11) Fiscal records; (12) Former employees; (13) Former
employers; (14) Inspection records; (15) Internal investigation reports; (16) Internal Revenue
Service; (17) Military records; (18) Outside employers; (19) Physicians; (20) Police reports; (21)
Position classification specialists; (22) Psychiatrists; (23) References; (24) Supervisors; (25)
Training officers; (26) Unions, accredited; (27) Office of Personnel Management; (28) Witnesses.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>Pursuant to 5 U.S.C. 552a(k)(5) the Attorney General has exempted records in this system
from subsections (c)(3), (d)(1), (2), (3) and (4), (e)(1), (e)(4)(G), (H), and (I) and (f) of the
Privacy Act. Rules have been promulgated in accordance with the requirement of 5 U.S.C. 553(b), (c)
and (e) and are published in today’s <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>

    
    <section id="atf" toc="yes">
<systemNumber>/ATF-008</systemNumber>
<subsection type="systemName">Regulatory Enforcement Record System--Justice/ATF-008.
</subsection>
    <subsection type="securityClassification">
        <xhtmlContent>
            <p>Sensitive But Unclassified Information and/or Controlled Unclassified Information.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="systemLocation">
        <xhtmlContent>
            <p>Bureau of Alcohol, Tobacco, Firearms and Explosives, 99 New York Avenue, NE, Washington, DC 20226.  Components of this system of records are also geographically dispersed throughout ATF’s district offices, field offices, and the Martinsburg, West Virginia location.  A list of field offices is available on ATF’s website at https://www.atf.gov/contact/atf-field-divisions, or by writing to the Chief, Disclosure Division, 99 New York Avenue, NE, 4.E-301, Washington, DC 20226.  A list of offices at the Martinsburg, West Virginia location is available on ATF’s website at https://www.atf.gov/contact/licensing-and-other-services or by writing to the Chief, Disclosure Division, 99 New York Avenue, NE, 4.E-301, Washington, DC 20226.</p>
        </xhtmlContent>
    </subsection>

    <subsection type="systemManager">
        <xhtmlContent>
            <p>Assistant Director, Enforcement and Program Services; Assistant Director, Field Operations; and Assistant Director, Science &amp; Technology, Bureau of Alcohol, Tobacco, Firearms and Explosives, 99 New York Avenue, NE, Washington, DC 20226.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="authorityForMaintenance">
        <xhtmlContent>
            <p>(1) 26 U.S.C. 7011; (2) 18 U.S.C. 923(a); (3) 18 U.S.C. 923(b); (4) 18 U.S.C. 843(a); (5) 22 U.S.C. 2278; (6) 26 U.S.C. 6001; (7) 26 U.S.C. 6011(a); (8) 26 U.S.C. 6201; (9) 26 U.S.C. 7122; (10) 18 U.S.C. 843(d); (11) 18 U.S.C. 923(f); (12) Pub. L. 107-296, 116 Stat. 2135; (13) 18 U.S.C. 845; and (14) 18 U.S.C. 925.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="purpose">
        <xhtmlContent>
            <p>The purpose of this system is to determine suitability, eligibility, or qualifications of individuals who are engaged or propose to engage in activities regulated by ATF; provide verification of suitability, eligibility, or qualification of individuals who are engaged or propose to engage in activities regulated by ATF; achieve compliance with laws under ATF’s jurisdiction; interact with Federal, state, local, tribal, and foreign government agencies or associations with regard to industrial development, revenue protection, public health and safety, ecology, and other areas of joint jurisdictional concern.  When a criminal investigation results in a compilation of information contained in this system of records, the information shall be transferred to the ATF’s Criminal Investigation Report System and become part of that system for all purposes of the Privacy Act of 1974.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="categoriesOfIndividuals">
        <xhtmlContent>
            <p>Individuals who have been issued permits or licenses, have filed applications with ATF, have registered with ATF, have been granted or applied for relief from federal firearms or explosives disabilities to restore firearms or explosives privileges, or are responsible persons or employees of a licensee or permittee to the extent that the records concern private individuals or entrepreneurs, including, but not limited to: (a) Explosives licensees, permittees, employees, and responsible persons; (b) Claimants for refund of taxes; (c) Federal Firearms Licensees, employees and responsible persons; (d) Collectors of firearms or ammunition; (e) Importers of firearms or ammunition;  (f) Users of explosive materials; and (g) Applicants who have been denied employment with licensed possessors or permittees of explosive materials.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="categoriesOfRecords">
        <xhtmlContent>
            <p> Records containing investigative material compiled for law enforcement purposes which may consist of the following: (1) Abstracts of offers in compromise; (2) Administrative law judge decisions; (3) Assessment records, including: (a) notices of proposed assessments, (b) notices of shortages or losses, (c) notices to the Internal Revenue Service to assess taxes, (d) recommendation for assessments; (4) Claim records, including: (a) claims, (b) letters of claim rejection, (c) sample reports, (d) supporting data, (e) vouchers and schedules of payment; (5) Comments on proposed rulemakings; (6) Complaints from third parties; (7) Correspondence concerning records in this system and related matters; (8) Financial statements; (9) Inspection and investigation reports; (10) Joint demands on principals and sureties for payment of excise tax liabilities; (11) Letters of reprimand; (12) Lists of permittees and licensees; (13) Lists of officers, directors and principal stockholders; (14) Mailing lists and addressograph plates; (15) Notices of delinquent reports; (16) Offers in compromise; (17) Operation records, including: (a) operating reports, (b) reports of required inventories, (c) reports of thefts or losses of firearms, (d) reports of thefts of explosive materials, (e) transaction records, (f) transaction reports; (18) Orders of revocation, suspension or annulment of permits or licenses; (19) ATF Office of Chief Counsel memoranda and opinions; (20) Reports of violations; (21) Permit status records; (22) Qualifying and background records, including: (a) access authorizations, (b) advertisement records, (c) applications, (d) bonds, (e) business histories, (f) criminal records, (g) diagrams of premises, (h) educational histories, (i) employment histories, (j) environmental records, (k) financial data, (l) formula approvals, (m) label approvals, (n) licenses, (o) notices, (p) permits, (q) personal references, (r) plant profiles, (s) plant capacities, (t) plats and plans, (u) registrations, (v) sample reports, (w) signature authorities, (x) special permissions and authorizations, (y) statements of process; (23) Show cause orders; (24) Tax records, including: (a) control cards relating to periodic payment and prepayment of taxes, (b) excise and special tax returns, (c) notices of tax discrepancy or adjustment; (25) Explosive license or permit denials; and (26) Lists of applicants for relief from federal firearms or explosives disabilities and those granted such relief.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="recordSourceCategories">
        <xhtmlContent>
            <p>Examples include: (1) Acquaintances; (2) ATF personnel; (3) Business and professional associates; (4) Creditors; (5) Criminal records; (6) Financial institutions; (7) Former employers; (8) Internal Revenue Service; (9) Military records; (10) Physicians, Psychiatrists, and other medical professionals; (11) The subject individual; (12) References; (13) Police reports; (14) Witnesses; (15) Federal, state, local, tribal, and foreign law enforcement agencies; (16) Federal, state, local, tribal, and foreign regulatory agencies; (17) ATF Office of Chief Counsel memoranda and opinions; (18) Field investigation reports; and (19) Third parties.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="routineUsesOfRecords">
        <xhtmlContent>
            <p>In addition to those disclosures generally permitted under 5 U.S.C. 552a(b), all or a portion of the records or information contained in this system of records 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:</p>
            <p>A. To Federal, state, local, territorial, tribal, foreign, or international licensing agencies or associations which require information concerning: (1) the suitability or eligibility of an individual for a license or permit; (2) an individual’s status regarding relief from federal firearms or explosives disabilities; (3) whether the issuance of a license or permit to import, manufacture, deal in, or purchase explosives would be in violation of federal or state law or regulation; and (4) whether to add to, delete from, revise, or update information previously provided from this record system.</p>
            <p>B. To individuals and organizations for ATF to obtain or verify information pertinent to ATF’s decision to grant, deny, or revoke a license or permit, or pertinent to an ongoing investigation or inspection.</p>
            <p>C. To a licensed industry member to verify the validity of a license or permit before the distribution of explosives materials.</p>
            <p>D. To individuals who are the subject of a license revocation hearing in order to obtain a copy of the hearing transcript.</p>
            <p>E. To employees of the Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau, when necessary to accomplish a DOJ or Treasury function related to this system of records.</p>
            <p>F. To an organization or individual in either the public or private sector where there is reason to believe the recipient is or could become the target of a particular criminal activity or conspiracy, to the extent the information is relevant to the protection of life or property.</p>
            <p>G. To national and international intelligence gathering organizations for the purpose of identifying individuals suspected of terrorism or criminal activities or convicted of crimes.</p>
            <p>H. To any agency, organization, or individual for the purpose of performing authorized audit or oversight operations of ATF and meeting related reporting requirements.</p>
            <p>I. Where a record, either alone or in conjunction with other information, indicates a violation or potential violation of law – criminal, civil, or regulatory in nature – the relevant records may be referred to the appropriate federal, state, local, territorial, tribal, or foreign law enforcement authority or other appropriate entity charged with the responsibility for investigating or prosecuting such violation or charged with enforcing or implementing such law.</p>
            <p>J. 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.</p>
            <p>K. 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.</p>
            <p>L. To an actual or potential party to litigation or the party’s authorized representative for the purpose of negotiation or discussion of such matters as settlement, plea bargaining, or in informal discovery proceedings.</p>
            <p>M. 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>
            <p>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.</p>
            <p>O. To appropriate officials and employees of a Federal agency or entity, including the White House, that require 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 investigation; the letting of a contract; the classification of a job; or the issuance of a grant or benefit.</p>
            <p>P. To a former employee of the Department for purposes of: responding to an official inquiry by a federal, state, local, tribal, territorial, foreign and international 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.</p>
            <p>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.</p>
            <p>R. 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.</p>
            <p>S. To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, the Department (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 Department efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.</p>
            <p>T. To another Federal agency or Federal entity, when the Department 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.</p>
            <p>U. To such recipients and under such circumstances and procedures as are mandated by federal statute or treaty.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="policiesAndPractices">
        <xhtmlContent>
            <p> Active records are stored in file folders in secure filing cabinets.  Inactive records are stored in file folders at Federal Records Centers.  Records or portions of records are also stored in electronic media.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="retrievability">
        <xhtmlContent>
            <p> Records are retrieved by name, permit or license number, by document locator number, or by employer identification number (EIN).</p>
        </xhtmlContent>
    </subsection>
    <subsection type="retentionAndDisposal">
        <xhtmlContent>
            <p> Records are retained in accordance with General Records Schedule numbers 4.1, 4.2, and 4.3 issued by the National Archives and Records Administration, and the Bureau of Alcohol, Tobacco, Firearms and Explosives Records Control Schedule and disposed of by shredding, burning or degaussing.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="safeguards">
        <xhtmlContent>
            <p> Direct access is limited to personnel in the Department of Justice with need for the records in the performance of their official duty.  Records are transmitted to routine users on a need to know basis or where a right to access is established and to others upon verification of the substance and propriety of the request.  These records are stored in restricted-access areas in lockable metal file cabinets in rooms locked during non-duty hours.  The records stored in electronic media are access controlled and password protected.</p>

        </xhtmlContent>
    </subsection>
    <subsection type="recordAccessProcedures">
        <xhtmlContent>
            <p>All requests for access to records must be in writing and should be addressed to the Disclosure Division, Privacy Act Request, Bureau of Alcohol, Tobacco, Firearms and Explosives, 99 New York Avenue, NE, 4.E-301, Washington, DC 20226.  The envelope and letter should be clearly marked "Privacy Act Access Request."  The request must describe the records sought in sufficient detail to enable Department personnel to locate them with a reasonable amount of effort.  The request must 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 either notarized or submitted under penalty of perjury.  Some information may be exempt from the access provisions as described in the "EXEMPTIONS PROMULGATED FOR THE SYSTEM" paragraph, below.  An individual who is the subject of a record in this system of records may access those records that are not exempt from access.  A determination as to whether a record may be accessed will be made at the time a request is received.</p>
            <p>Although no specific form is required, you may obtain forms 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 https://www.justice.gov/oip/submit-and-track-request-or-appeal.</p>
            <p>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."</p>

        </xhtmlContent>
    </subsection>
    <subsection type="contestingRecordProcedures">
        <xhtmlContent>
            <p>Individuals seeking to contest or amend records maintained in this system of records must direct their requests to the address indicated in the "RECORD ACCESS PROCEDURES" paragraph, above.  All requests to contest or amend records must be in writing and the envelope and letter should be clearly marked "Privacy Act Amendment Request."  All requests must state clearly and concisely what record is being contested, the reasons for contesting it, and the proposed amendment to the record.  Some information is not subject to amendment, such as tax return information. Some information may be exempt from the amendment provisions as described in the "EXEMPTIONS PROMULGATED FOR THE SYSTEM" paragraph, below.  An individual who is the subject of a record in this system of records may contest or amend those records that are not exempt.  A determination of whether a record is exempt from the amendment provisions will be made after a request is received.</p>
            <p>More information regarding ATF’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."</p>
        </xhtmlContent>
    </subsection>
    <subsection type="notificationProcedure">
        <xhtmlContent>
            <p>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.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="exemptionsClaimed">
        <xhtmlContent>
            <p>The Attorney General has exempted this system from subsections (c)(3), (d)(1), (2), (3) and (4), (e)(1), (e)(4)(G), (H), and (I) and (f) of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2).  The exemptions will be applied only to the extent that the information in the system is subject to exemption pursuant to 5 U.S.C. 552a(k)(2).  Rules have been published in the Federal Register at 68 FR 19148 (April 18, 2003), and promulgated at 28 CFR 16.106, in accordance with the requirements of 5 U.S.C. 553(b), (c) and (e).</p>
        </xhtmlContent>
    </subsection>
    <subsection type="history">
        <xhtmlContent>
            <p>68 FR 3551, 558 (January 24, 2003): Last published in full;</p>
            <p>72 FR 3410 (January 25, 2007): Added one routine; and</p>
            <p>82 FR 24147 (May 25, 2017): Rescinded 72 FR 3410 and added two routine uses.</p>
        </xhtmlContent>
    </subsection>
</section>

<section id="atf9" toc="yes">
<systemNumber>/ATF-009</systemNumber>
<subsection type="systemName">Technical and Scientific Services Record System Justice/ATF-009.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Bureau of Alcohol, Tobacco, Firearms and Explosives, 650 Massachusetts Avenue, NW,
Washington, DC 20226. Components of this record system are geographically dispersed throughout
Bureau of Alcohol, Tobacco, Firearms and Explosives’ field offices. A list of field offices is
available by writing to the Chief, Disclosure Division, Room 8400, 650 Massachusetts Avenue, NW,
Washington, DC 20226.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals covered may include: (1) Applicants to register firearms under the National
Firearms Act; (2) Importers of implements of war as defined under the Mutual Security Act of 1954
and the Arms Export Control Act of 1976; (3) Licensed importers registered under the Mutual Security
Act of 1954 and the Arms Export Control Act of 1976; (4) Manufacturers of National Firearms Act
firearms that are exempt from payment of Special (Occupational) tax provisions; (5) Non-Bureau
chemists certified to make analysis of alcoholic beverages; (6) Persons involved in explosives
tagging and detection program; (7) Registered owners of National Firearms Act firearms; (8) Special
(Occupational) taxpayers as defined under Title II of the Gun Control Act of 1968; (9) Victims of
explosives; (10) Individuals involved in Government funded research projects.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records may include: (1) Alteration records of registered National Firearms Act firearms;
(2) Applications to register firearms and destructive devices under the National Firearms Act; (3)
Applications to import articles on the United States Munitions list; (4) Blueprints; (5)
Certifications of payment of Special (occupational) tax payments; (6) Changes of address for owner
of firearms registered under the National Firearms Act; (7) Claims for erroneous Special
(Occupational) taxes payments; (8) Descriptions of Inventions; (9) Delinquency notices regarding
proof of importation of National Firearms Act firearms; (10) Explosive reports; (11) Non-Bureau
chemists’ statements of qualification; (12) Patent information; (13) Registrations of firearms and
destructive devices under the National Firearms Act; (14) Registration of war trophy firearms; (15)
Requests and authorizations for temporary movement and/or temporary storage of National Firearms Act
firearms; (16) Technical and scientific data; (17) Transaction records concerning National Firearms
Act firearms; (18) Trade secrets; (19) United States Government contracts to manufacturers of
National Firearms Act firearms; (20) Chief Counsel and Regional Counsel memoranda and opinions.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>(1) 18 U.S.C. Chapter 40; (2) 18 U.S.C. Chapter 44; (3) 26 U.S.C. 6001(a); (4) 26 U.S.C.
6201; (5) 26 U.S.C. 7011; (6) Executive Order 11958; (7) Pub. L. 107-296.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The purpose of this system is to provide technical, investigative and scientific support and
expertise to Criminal and Regulatory Enforcement activities of the Bureau; to other Federal, state,
local and foreign law enforcement agencies; and to provide scientific support and expertise to those
industries involved in activities regulated by the Bureau. When a criminal investigation results in
a compilation of information contained in this system, the information so compiled shall be
transferred to the Justice/ATF--Criminal Investigation Report System and shall become a part of
that system for all purposes of the Privacy Act of 1974.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>A record in this system may be disclosed as a routine use:
</p><p>A. 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.
</p><p>B. 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.
</p><p>C. In the event that a record in this system, either alone or in conjunction with other
information, indicates a violation or potential violation of law--criminal, civil, or
regulatory in nature--the relevant records may be referred to the appropriate federal, state,
local, foreign, or tribal law enforcement authority or other appropriate agency charged with the
responsibility for investigating or prosecuting such violation or charged with enforcing or
implementing such law.
</p><p>D. To officials and employees of a federal agency or entity, including the White House, which
requires information relevant to a decision concerning the hiring, appointment, or retention of an
employee; the issuance of a security clearance; the execution of a security or suitability
investigation; the classification of a job; or the issuance of a grant or benefit.
</p><p>E. In an appropriate proceeding before a court or administrative or regulatory body when records
are determined by the Department of Justice to be arguably relevant to the proceeding.
</p><p>F. 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.
</p><p>G. 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.
</p><p>H. To federal, state, and local licensing agencies or associations, which require information
concerning the suitability or eligibility of an individual for a license or permit.
</p><p>I. To the General Services Administration and National Archives and Records Administration in
records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>J. 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.
</p><p>K. To such recipients and under such circumstances and procedures as are mandated by federal
statute or treaty.
</p><p>L. To an organization or individual in either the public or private sector where there is reason
to believe the recipient is or could become the target of a particular criminal activity or
conspiracy, to the extent the information is relevant to the protection of life or property.
</p><p>M. To individuals and organizations to the extent necessary to obtain or verify information
pertinent to the Bureau’s decision to grant, deny, or revoke a license or permit, or pertinent to an
ongoing investigation.
</p><p>N. To Treasury Department, Alcohol and Tobacco Tax and Trade Bureau employees, when necessary to
accomplish a Treasury Department or Department of Justice function related to this system of
records.
</p><p>O. To insurance companies making determinations regarding claims in cases where the Bureau has
conducted or is conducting an arson investigation.
</p><p>P. To national and international intelligence gathering organizations for the purpose of
identifying international and national criminals involved in consumer fraud, revenue evasion or
crimes.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are stored in file folders and in electronic media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by name, by other unique identifier, control number, serial number of
National Firearms Act firearms.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Records are stored in file cabinets locked during non-duty hours. The records stored in
electronic media are password protected.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are retained in accordance with General Records Schedules numbers 1 through 20
issued by the National Archives and Records Administration, and Bureau of Alcohol, Tobacco, Firearms
and Explosives Records Control Schedules numbers 101 and 201 and disposed of by shredding or
burning. Records stored on tape discs or on-line mass storage are disposed of by degaussing.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Director, Firearms Explosive &amp; Arson; Assistant Director, Field Operations;
and Assistant Director, Science &amp; Technology, Bureau of Alcohol, Tobacco, Firearms and
Explosives, 650 Massachusetts Avenue, NW, Washington, DC 20226.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>See "Record access procedures"  below.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If records are accessible through the Privacy Act, mail a written request to the Disclosure
Division, Privacy Act Request, Bureau of Alcohol, Tobacco, Firearms and Explosives, 650
Massachusetts Avenue, NW, Washington, DC 20226, 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, 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.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request 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.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Examples include: (1) Individuals; (2) Companies; (3) Corporations; (4) Firearms Licensees;
(5) Explosive Licensees; (6) Explosive Permittees; (7) Bureau personnel; (8) Federal law enforcement
agencies; (9) State law enforcement agencies; (10) Local law enforcement agencies; (11) Foreign law
enforcement agencies; (12) Federal Regulatory agencies; (13) State Regulatory agencies; (14) Local
Regulatory agencies; (15) Non-Bureau Chemists.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>Pursuant to 5 U.S.C. 552a(k)(2), the Attorney General has exempted records in this system
from subsections (c)(3), (d)(1), (2),(3) and (4), (e)(1), (e)(4)(G), (H), and (I) and (f) of the
Privacy Act. Rules have been promulgated in accordance with the requirement of 5 U.S.C. 553(b), (c)
and (e) and are published in today’s <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="atf10" toc="yes">
<systemNumber>/ATF-010</systemNumber>
<subsection type="systemName">Training and Professional Development Record System-Treasury/ATF-010.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Bureau of Alcohol, Tobacco, Firearms and Explosives, 650 Massachusetts Avenue, NW,
Washington, DC 20226. Components of this record system are geographically dispersed throughout the
Bureau’s field offices. A list of field offices is available by writing to the Chief, Disclosure
Division, 650 Massachusetts Avenue, NW, Washington, DC 20226.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Non-ATF individuals applying for ATF training and/or professional development; those
instructors for ATF training and/or professional development; possible emergency contacts and/or
supervisors’ names are collected from the trainee.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records may include: (a) Name, (b) office address, (c) telephone number, (d) fax number, (e)
social security information, (f) firearms qualifications, (g) eligibility of instructors, (h)
certifications held by instructors, (i) courses previously taught by instructors, (j) home address,
date of birth, (k) position title, (l) length of time in public service, (m) time on current
assignment, number of years in current position, (n) name and telephone number of immediate
supervisor, (o) education experience, (p) related occupational experience, (q) blood type, (r)
military experience, (s) law enforcement experience, (t) description of duties and responsibilities,
(u) internet address, (v) pager number, (w) smoking preference, (x) Chief Counsel and Regional
Counsel memoranda and opinions, and (y) other information as needed or required for training or
instructor determination or safety.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 4104; Executive Order No. 11348 as amended by Executive Order No. 12107 (1978).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The purpose of this system is to provide basic data about ATF instructors and those trained
by ATF.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>A record in this system may be disclosed as a routine use:
</p><p>A. 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.
</p><p>B. 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.
</p><p>C. In the event that a record in this system, either alone or in conjunction with other
information, indicates a violation or potential violation of law--criminal, civil, or
regulatory in nature--the relevant records may be referred to the appropriate federal, state,
local, foreign, or tribal law enforcement authority or other appropriate agency charged with the
responsibility for investigating or prosecuting such violation or charged with enforcing or
implementing such law.
</p><p>D. To officials and employees of a federal agency or entity, including the White House, which
requires information relevant to a decision concerning the hiring, appointment, or retention of an
employee; the issuance of a security clearance; the execution of a security or suitability
investigation; the classification of a job; or the issuance of a grant or benefit.
</p><p>E. In an appropriate proceeding before a court or administrative or regulatory body when records
are determined by the Department of Justice to be arguably relevant to the proceeding.
</p><p>F. 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.
</p><p>G. 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.
</p><p>H. To federal, state, and local licensing agencies or associations, which require information
concerning the suitability or eligibility of an individual for a license or permit.
</p><p>I. To the General Services Administration and National Archives and Records Administration in
records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>J. 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.
</p><p>K. To such recipients and under such circumstances and procedures as are mandated by federal
statute or treaty.
</p><p>L. To an organization or individual in either the public or private sector where there is reason
to believe the recipient is or could become the target of a particular criminal activity or
conspiracy, to the extent the information is relevant to the protection of life or property.
</p><p>M. To individuals and organizations to the extent necessary to verify their qualifications or
eligibility for training.
</p><p>N. To Treasury Department, Alcohol and Tobacco Tax and Trade Bureau employees, when necessary to
accomplish a Treasury Department or Department of Justice function related to this system of
records.
</p><p>O. To unions recognized as exclusive bargaining representatives in accordance with provisions
contained in the Civil Service Reform Act of 1978, 5 U.S.C. 7111 and 7114.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Paper records are stored in security filing cabinets. Records are also stored in electronic
media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by name, agency and/or office location, social security number or any
of the above.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Paper records are kept in locked filing cabinets in locked rooms during non-business hours.
Electronic media records are password protected.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are retained in accordance with General Records Schedules numbers 1 through 23
issued by the National Archives and Records Administration, and the Bureau of Alcohol, Tobacco,
Firearms and Explosives Control Schedules number 101 and 201 and disposed of by shredding, burning
or by degaussing.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Director, Training and Professional Development, Bureau of Alcohol, Tobacco,
Firearms and Explosives, 650 Massachusetts Avenue, NW, Washington, DC 20226.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>See "Record access procedures"  below.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>For records accessible through the Privacy Act, mail a request in writing to the Disclosure
Division, Privacy Act Request, Bureau of Alcohol, Tobacco, Firearms and Explosives, 650
Massachusetts Avenue, NW, Washington, DC 20226, 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.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request 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.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Examples include: Administrative records, applications submitted by non-ATF individuals
seeking ATF training and applications submitted by instructors.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="atr1" toc="yes">
<systemNumber>/ATR-001</systemNumber>
<subsection type="systemName">Antitrust Division Expert Witness File.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice, 10th &amp; Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals who have served in the capacity of an expert for the Department of Justice in
Connection with civil or criminal antitrust litigation.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system contains the names of persons used by the Antitrust Division in an expert
capacity and also indicates the area of their specialty, the type of service rendered, the fees
paid, and the dates on or during which such services were performed.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Authority for the establishment and maintenance of this system exists under 44 U.S.C. 3101
and 28 U.S.C. 522.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>This system is routinely used by trial attorneys of the Antitrust Division when considering
the selection of experts as witnesses for the development or presentation of specific antitrust
cases. The system also serves as a reference resource for Division personnel in compiling
statistical information or reports regarding the actual or anticipated costs of litigation.
</p><p>A record maintained in this system, or any facts derived therefrom, may be disseminated in a
proceeding before a court or adjudicative body before which the Antitrust Division is authorized to
appear, when (1) the Antitrust Division, or any subdivision thereof; or (2) any employee of the
Antitrust Division in his or her official capacity; or (3) any employee of the Antitrust Division in
his or her individual capacity where the Department of Justice has agreed to represent the employee;
or (4) the United States, or any agency or subdivision thereof; or (5) the United States, where the
Antitrust Division determines that the litigation is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such records are determined by the
Antitrust Division to be arguably releveant to the litigation.
</p><p>Release of information to the news media:
</p><p>Information permitted to be released to the news medias and the public pursuant to 28 CFR 50.2
may be made available from systems of records maintained by the Department of Justice 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><p>Release of information to members of Congress:
</p><p>Information contained in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be made available to a Member of
Congress or staff acting upon the Member’s behalf when the Member or staff requests the information
on the individual who is the subject of the record.
</p><p>Release of information to the National Archives and Records Administration:
</p><p>A record from a system of records may be disclosed as a routine use to the National Archives and
Records Administration (NARA) in records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information maintained in this system is contained in documents organized in individual file
folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved primarily by using the name of the individual called as an expert
witness for the Government in antitrust cases brought by the Department.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information contained in the system is unclassified. During working hours access to the
system is controlled and monitored by Antitrust Division personnel in the area where the system is
maintained; during non-duty hours all doors to that area are locked.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Indefinite.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Executive Officer, Antitrust Division, U.S. Department of Justice, 10th &amp; Constitution
Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to the Assistant Attorney General, Antitrust Division, U.S. Department of
Justice, 10th &amp; Constitution Avenue NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Requests for access to a record from this system shall be in writing and be clearly
identified as a "Privacy Access Request" . Including in the request should be the name of the person
presented as an expert witness for the Government and the name of the case in which such services
were rendered. The requester should indicate a return address. Requests will be directed to the
System Manager shown above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their requests to the System Manager and state clearly and concisely when information is being
contested, the reasons for contesting it and the proposed amendment to the information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information maintained in this system are those records reflecting the commitment
between the individual and the Department of Justice (including matters of compensation etc.) and
staff attorneys or other employees directly involved with the individual in the preparation or
conduct of the litigation.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="atr3" toc="yes">
<systemNumber>/ATR-003</systemNumber>
<subsection type="systemName">Index of Defendants in Pending and Terminated Antitrust Cases.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice: Liberty Place, Suite 200, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individual defendants in pending and terminated criminal and civil cases brought by the
United States under the antitrust laws.
</p><p>This system contains an index reference to the case in which an individual (or corporation) is or
was a defendant; included in information is proper case name, the judicial district and number of
the case, and the date filed.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Authority for the establishment and maintenance of this index system exists under 28 U.S.C.
522 and 44 U.S.C. 3101.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Routine use of this cross index system is generally made by Department personnel for
reference to proper case name. In addition a compilation of antitrust cases filed is prepared as
needed showing the names of all defendants in pending civil and criminal Government antitrust cases.
This compilation is utilized within the Department and occasionally distributed to other Government
agencies for reference and statistical purposes.
</p><p>A record maintained in this system, or any facts derived therefrom, may be disseminated in a
proceeding before a court or adjudicative body before which the Antitrust Division is authorized to
appear, when (1) the Antitrust Division, or any subdivision thereof; or (2) any employee of the
Antitrust Division in his or her official capacity; or (3) any employee of the Antitrust Division in
his or her individual capacity where the Department of Justice has agreed to represent the employee;
or (4) the United States, or any agency or subdivision thereof; or (5) the United States, where the
Antitrust Division determines that the litigation is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such records are determined by the
Antitrust Division to be arguably relevant to the litigation.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice 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><p>Release of information to Members of Congress: Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information in the system is maintained on index cards.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information in the system is retrieved by reference to the name of individual or corporate
defendants in antitrust cases.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information contained in the system is unclassified and of a public nature. During working
hours access to the index is monitored by Antitrust Division personnel; during non-duty hours the
area in which the system is maintained is locked.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Indefinite.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Chief, Freedom of Information Act/Privacy Act Unit, Antitrust Division, U.S. Department of
Justice, Liberty Place, Suite 200, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to the Assistant Attorney General, Antitrust Division, U.S. Department of
Justice, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Requests for access to a record from this system shall be in writing and be clearly
identified as a "Privacy Access Request" . Included in the request should be the name of the
defendant in pending or terminated Government antitrust litigation. Requesters should indicate a
return address. Requests will be directed to the System Manager shown above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the index should direct
their request to the System Manager and state clearly and concisely what information is being
contested, the reasons for contesting it, and the proposed amendment to the information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this index are complaints filed under the antitrust laws
by the United States and from Department records relating to such cases.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="atr4" toc="yes">
<systemNumber>/ATR-004</systemNumber>
<subsection type="systemName">Statements by Antitrust Division Officials (ATD Speech File).
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice, Liberty Place, Suite 200, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Past and present employees of the Antitrust Division.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system contains an index record for each public statement or speech issued or made by
employees of the Antitrust Division.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Authority for maintaining this system exists under 44 U.S.C. 3101.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>This index is maintained for ready reference by Department personnel for the identification
of the subject matter of and persons originating public statements by Antitrust Division employees;
such reference is utilized in aid of compliance with requests from the public and within the agency
for access to texts of such statements.
</p><p>A record maintained in this system, or any facts derived therefrom, may be disseminated in a
proceeding before a court or adjudicative body before which the Antitrust Division is authorized to
appear, when (1) the Antitrust Division, or any subdivision thereof; or (2) any employee of the
Antitrust Division in his or her official capacity; or (3) any employee of the Antitrust Division in
his or her individual capacity where the Department of Justice has agreed to represent the employee;
or (4) the United States, or any agency or subdivision thereof; or (5) the United States, where the
Antitrust Division determines that the litigation is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such records are determined by the
Antitrust Division to be arguably relevant to the litigation.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice 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><p>Release of information to Members of Congress: Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information contained in the index system is maintained on index cards.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>This reference index utilizes name of present and former employees making or issuing
statements as well as the subject matter or title of the statement.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information contained in the system is unclassified. During duty hours personnel monitor
access to this index; the area is locked during non-duty hours.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Indefinite.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Chief, Freedom of Information Act/Privacy Act Unit, Antitrust Division, U.S. Department of
Justice, Liberty Place, Suite 200, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to the Assistant Attorney General, Antitrust Division, U.S. Department of
Justice, 10th and Constitution Avenue NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Request for access to a record from this system should be made in writing and be clearly
identified as a "Privacy Access Request" . Included in the request should be the name of the
Antitrust Division employee making or issuing a public statement. Requesting should indicate a
return address. Requests will be directed to the System Manager shown above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the index should direct
their request to the System Manager and state clearly and concisely what information is being
contested, the reasons for contesting it, and the proposed amendment to the information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information maintained in the index are those records reflecting public
statements issued or made by Antitrust Division employees.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="atr5" toc="yes">
<systemNumber>/ATR-005</systemNumber>
<subsection type="systemName">Antitrust Information Management System (AMIS)--Time Reporter.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice, 10th and Constitution Ave., NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Professional employees of the Antitrust Division of the U.S. Department of Justice.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The file contains the employees’ name and allocations of his/her work time.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The file will be established and maintained pursuant to the following authorities: 28 CFR
0.40(f), 28 U.S.C. 522, 31 U.S.C. 11, 31 U.S.C. 66a, 5 U.S.C. 301, and 2 U.S.C. 601.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The file is used by Antitrust Division personnel to keep track of resources and as a basis
for determining Antitrust Division allocations of resources (professional time) to particular
products and industries (e.g., oil, auto, chemicals) and to broad categories of resource use such as
conspiratorial conduct, oligopoly and monopoly, civil cases, criminal cases, and proceedings before
regulatory agencies. In addition, the file will be employed in the preparation of reports for the
Division’s budget requests and to the Attorney General and Congress.
</p><p>A record maintained in this system, or any facts derived therefrom, may be disseminated in a
proceeding before a court or adjudicative body before which the Antitrust Division is authorized to
appear, when (1) the Antitrust Division, or any subdivision thereof; or (2) any employee of the
Antitrust Division in his or her official capacity; or (3) any employee of the Antitrust Division in
his or her individual capacity where the Department of Justice has agreed to represent the employee;
or (4) the United States, or any agency or subdivision thereof; or (5) the United States, where the
Antitrust Division determines that the litigation is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such records are determined by the
Antitrust Division to be arguably relevant to the litigation.
</p><p>Release of information to Members of Congress: Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration (NARA) and to the
General Services Administration (GSA): A record from the system of records may be disclosed to NARA
and GSA for records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained electronically in the AMIS computerized information system.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by a variety of key words, including names of individuals.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information contained in the system is unclassified. It is safeguarded and protected in
accordance with Department rules and procedures governing the handling of computerized information.
Access to the file is limited to those employees whose official duties require such access.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Information contained in the file is retained indefinitely.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Chief, Information Systems Support Group, Antitrust Division, U.S. Department of Justice,
555 4th Street NW, Room 11-854, Washington, DC 20001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as System Manager.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as Notification.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as Notification.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information on time allocation is provided by Antitrust Division section and field office
chiefs.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="atr6" toc="yes">
<systemNumber>/ATR-006</systemNumber>
<subsection type="systemName">Antitrust Information Management System (AMIS)-Matter Report.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice, 10th and Constitution Avenue, NW., Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Professional employees of the Antitrust Division of the U.S. Department of Justice and
individual defendants and investigation targets involved in past and present Antitrust
investigations and cases.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system contains the names of Division employees and their case/investigation assignments
and the names of individual defendants/investigation targets as they relate to a specific
case/investigation. In addition, information reflecting the current status and handling of Antitrust
cases/investigations is included within this system.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The file is established and maintained pursuant to 28 CFR 40(f), 28 U.S.C. 522, and 44
U.S.C. 3101.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The file is used by Antitrust Division personnel as a basis for determining Antitrust
Division allocation of resources to particular products and industries (e.g., oil, autos,
chemicals), to broad categories of resource use such as civil cases, criminal cases, regulatory
agency cases, and Freedom of Information Act requests. It is employed by the section chiefs, the
Director and Deputy Director of Operations, and other Division personnel to ascertain the progress
and current status of cases and investigations within the Division. In addition, the files will be
employed in the preparation of reports for the Division’s budget requests and to the Attorney
General and Congress.
</p><p>A record maintained in this system, or any facts derived therefrom, may be disseminated:
</p><p>1. In a proceeding before a court or adjudicative body before which the Antitrust Division is
authorized to appear, when (1) the Antitrust Division, or any subdivision thereof; or (2) any
employee of the Antitrust in his or her official capacity; or (3) any employee of the Antitrust
Division in his or her individual capacity where the Department of Justice has agreed to represent
the employee; or (4) the United States, where the Antitrust Division determines that the litigation
is likely to affect it or any of its subdivisions, is a party to litigation or has an interest in
litigation and such records are determined by the Antitrust Division to be arguably relevant to the
litigation.
</p><p>2. In any health care-related civil or criminal case, investigation, or matter, information
indicating patient harm, neglect, or abuse, or poor or inadequate quality of care, at a health care
facility or by a health care provider, may be disclosed as a routine use to any federal, state,
local, tribal, foreign, joint, international or private entity that is responsible for regulating,
licensing, registering, or accrediting any health care provider or health care facility, or
enforcing any health care-related laws or regulations. Further, information indicating an ongoing
quality of care problem by a health care provider or at a health care facility may be disclosed to
the appropriate health plan. Additionally, unless otherwise prohibited by applicable law,
information indicating patient harm, neglect, abuse, or poor or inadequate quality of care may be
disclosed to the affected patient or his or her representative or guardian at the discretion of and
in the manner determined by the agency in possession of the information.
</p><p>3. 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.
</p><p>4. 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. Information not otherwise required to be released pursuant to 5 U.S.C. 552 may be made
available.
</p><p>5. To the National Archives and Records Administration and to the General Services Administration
in records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p><p>Information relating to health care fraud may be disclosed to private health plans, or
associations of private health plans, and health insurers, or associations of health insurers, for
the following purposes: to promote the coordination of efforts to prevent, detect, investigate, and
prosecute health care fraud; to assist efforts by victims of health care fraud to obtain
restitution; to enable private health plans to participate in local, regional, and national health
care fraud task force activities; and to assist tribunals having jurisdiction over claims against
private health plans.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained electronically in the Information systems support group’s AMIS
Computerized information system.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by a variety of key words.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information contained in the system is unclassified. It is safeguarded and protected in
accordance with Department rules and procedures governing the handling of computerized information.
Access to the file is limited to those persons whose official duties require such access and
employees of the Antitrust Division.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Information contained in the file is retained indefinitely.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Chief, Information Systems Support Group; Antitrust Division; U.S. Department of Justice;
555 4th Street, NW., Room 11-854, Washington, DC 20001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to the Assistant Attorney General, Antitrust Division, U.S. Department of
Justice, 10th and Constitution Avenue, Washington, DC. 20530.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information for the monthly report is provided by the Antitrust Division section and filed
office chiefs.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3), (d), (e)(4)(G)-
(H), and (f) of the Privacy Act pursuant to 5 U.S.C. 552a(k)(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 <i>
Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="atr7" toc="yes">
<systemNumber>/ATR-007</systemNumber>
<subsection type="systemName">Antitrust Division Case Cards.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice, Liberty Place, Suite 200, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individual defendants in pending and terminated criminal and civil cases brought by the
Untied States under the antitrust laws where the defendant’s name appears in the case title.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system contains an index reference to the case in which an individual (or corporation)
is or was a defendant; included information is proper case name, the judicial district, number of
the case, the commodity involved, each alleged violation, the section of the Antitrust Division
responsible for the matter, and the disposition of the case.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Authority for maintaining this system exists under 44 U.S.C. 3101 and 28 U.S.C. 522.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>This index is maintained for ready reference by Department personnel. It is utilized for
referrals to case names, the preparation of speeches and to aid in determinations of the antitrust
histories of companies.
</p><p>A record maintained in this system, or any facts derived thereform, may be disseminated in a
proceeding before a court or adjudicative body before which the Antitrust Division is authorized to
appear, when (1) the Antitrust Division, or any subdivision thereof; or (2) any employee of the
Antitrust Division in his or her official capacity; or (3) any employee of the Antitrust Division in
his or her individual capacity where the Department of Justice has agreed to represent the employee;
or (4) the United States, or any agency or subdivision thereof; or (5) the United States, where the
Antritrust Division determines that the litigation is likely to affect it or any of its
subdivisions, is a party to litigation or has an interest in litigation and such records are
determined by the Antitrust Division to be arguably relevant to the litigation.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice 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><p>Release of information to Members of Congress. Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available to a Member of Congress or staff acting upon the Member’s behalf when the
Member of staff requests the information on behalf of and at the request of the  individual who is
the subject of the record.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information contained in this system is maintained on index cards.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by case name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information contained in the system is unclassified. During duty hours access to this system
is monitored and controlled by Antitrust Division personnel in the area where the system is
maintained. This area is locked during non-duty hours.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Indefinite.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Chief, Freedom of Information Act/Privacy Act Unit, Antitrust Division. U.S. Department of
Justice, Liberty Place, Suite 200, Washington DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to the Assistant Attorney General, Antitrust Division, U.S. Department of
Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Request for access to a record from this system should be made in writing and be clearly
identified as a "Privacy Access Request."  Included in the request should be the name of the
defendant appearing in the title of the pending or terminated Government antitrust litigation.
Requester should indicate a return address. Requests will be directed to the System Manager above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the index should direct
their request to the System Manager and state clearly and concisely what information is being
contested, the reasons for contesting it, and the proposed amendment to be information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information maintained in the index are those records reflecting litigation
conducted by the Antitrust Division.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="atr9" toc="yes">
<systemNumber>/ATR-009</systemNumber>
<subsection type="systemName">Public Compliants and Inquiries File.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice, Washington, DC 20530 and field office
locations as follows: 1776 Peachtree St., NW, Suite 420, Atlanta, GA 30309; 2634 Everett M. Dirksen
Bldg., 219 S. Dearborn St., Chicago, IL 60604; 995 Celebrezze Federal Bldg., 1240 E. 9th St.,
Cleveland, OH 44199; Earl Cabell Federal Bldg., Room 3101 Federal Bldg., Los Angeles, CA 90012; Room
3630, 26 Federal Plaza, New York, NY 10007; 3430 U.S. Courthouse, Independence Mall West, 601 Market
St., Philadelphia, PA 19106; and 450 Golden Gate Ave., Box 36046, San Francisco, CA 94102.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Members of the public who submit
unsolicited complaints and inquiries to the Division on official business.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The file will contain letters or notes of other
contacts by members of the public.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The file will be established and maintained
pursuant to 44 U.S.C. 3101 and 5 U.S.C. 301.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The file will be used by Antitrust Division personnel to assure adequate
response to initial and subsequent contacts by the same individuals or to other contacts regarding
the same subject. Some of these contracts will also serve to further ongoing Antitrust
investigations or to initiate an investigation for enforcement purposes. Complaints/inquiries may be
referred to other federal or state and local agencies, only if deemed appropriate to assure complete
action on the matter.
</p><p>Release of information to members of Congress: Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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 he
subject of the record.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage: </p><p>Records will be maintained in the form in which they are originated, i.e.,
paper letters, notes and log sheets.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information will be retrieved by name, subject matter and date.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information contained in the system will be unclassified. Records will be
maintained only in the offices of the Antitrust Division and accessed only by Division employees
whose official duties require such access.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records of contacts will be kept by individual name for one
year, after which they will be destroyed. Copies of these contact records may be placed in a subject
matter or case file if they contain substantive information on antitrust enforcement matters. Case
and subject mater files are normally maintained for thirty years.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Executive Officer, Antitrust Division, U.S. Department of
Justice, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as System Manager.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as Notification.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as Notification.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>All information will be obtained from the complaining
individuals themselves.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="atr14" toc="yes">
<systemNumber>/ATR-014</systemNumber>
<subsection type="systemName">Civil Investigative Demand (CID) Tracking System, (JUSTICE/ATR-014).
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Information Systems Support Group, Antitrust Division, Department of Justice, Judiciary
Center Building, 555 4th Street, NW, Washington, DC 20001.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Recipients of Antitrust Division (ATD) CID’s in connection with certain ATD civil
investigations.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The CID number, the name of the CID recipient, the name of the company that employs the CID
recipient, the date of CID, the type of CID (documentary, interrogatory or oral), the Department of
Justice file number for the investigation and/or the title or subject of the previous investigation
for which the CID was issued, and a reference indicating whether a matter was litigated as a result
of information obtained by CID.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The system is maintained pursuant to 28 U.S.C. 522, 44 U.S.C. 3101, and 28 CFR 0.40(a).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The proposed system contains information relating to the issuance of CID’s (CID’s require
the production of documents and/or answers to written interrogatories, or oral testimony in
connection with certain ATD civil investigations.) The system will be used by ATD to determine
whether a party has been the recipient of a CID during a previous investigation(s), to identify the
title (or nature) of that investigation(s), and to determine whether that individual should be
issued a CID in an ongoing investigation(s).
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Where ATD has reason to believe that information from this system of records, e.g., names of
individuals who are potential sources of information, may assist another agency (whether Federal
State, local or foreign) in the conduct of its investigation(s) the information may be disclosed to
such agency to provide that agency with or to assist the agency in identifying essential
investigative leads.
</p><p>Records or information may be disclosed as a routine use in a proceeding before a court or
adjudicative body before which the Department 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
Department to be arguably relevant to the litigation: The Department or any of the Department’s
components or its subdivisions; any Department employee in his or her official capacity, or in his
or her individual capacity where the Department of Justice agrees to represent the employee; or the
United States where the Department determines that the litigation is likely to affect it or any of
the Department’s components or its subdivisions.
</p><p>Records or information permitted to be released to the news media and the public pursuant to 28
CFR 50.2 may be made available 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><p>Records or information may be disclosed as is necessary to respond to congressional inquiries on
behalf of constituents
</p><p>Records may be disclosed to the National Archives and Records Administration (NARA) and to the
General Services Administration in records management inspections conducted under the authority of
title 44 U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The records in this system are stored in a computer database.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by the name of the individual who has been issued a CID.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>The information stored on the computer database is password-protected. Passwords and user
ID’s are issued to authorized ATD employees only on a need-to-know basis.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Proposed plans for the retention and disposal of these records are being reviewed by the
Department. Upon submission to and approved by the NARA, this system notice will be revised to
identify the appropriate General Records Schedule that will govern the disposition of these records.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>The system manager is the Chief, Information Systems Support Group, Antitrust Division,
Department of Justice, Judiciary Center Building, room 11852, 555 4th Street, NW, Washington, DC
20001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries should be addressed to the Freedom of Information Act/Privacy Act (FOIA/PA)
Officer, Antitrust Division, Department of Justice Liberty Place, Suite 200, Washington, DC 20530.
Clearly mark the letter and envelop "FOIA/PA Request."
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Make all requests for access in writing and clearly mark the letter and envelope "FOIA/PA
Request."  Clearly indicate the name of the requester, name of the individual for which information
is sought and provide the required verification of identity (28 CFR 16.41(d)). Direct all requests
to the FOIA/PA Officer listed above and provide a return address for transmitting the information.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Direct all requests to contest or amend information to the FOIA/PA Officer listed above.
State clearly and concisely the information being contested, the reason for contesting it, and the
proposed amendment to the information sought. Clearly mark the letter and envelop "FOIA/PA Request."
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Employers of CID recipients, or other investigative sources, who may provide the names of
potential CID recipients; the individuals covered by the system; and records generated by virtue of
the issuance of CID’s.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="bia1" toc="yes">
<systemNumber>/BIA-001</systemNumber>
<subsection type="systemName">5203 Leesburg Pike, Falls Church, Virginia 22041.
</subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>(a) Aliens, including those previously admitted for lawful permanent residence, in
deportation proceedings; (b) Aliens and alleged aliens in exclusion proceedings; (c) Aliens seeking
waivers of inadmissibility; (d) Aliens in bond determination proceedings; (e) Aliens in whose behalf
a preference classification is sought.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system of records consists of the formal orders and decisions of the Board of
Immigration Appeals, including the indices and logs pertaining thereto.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintained under the authority granted the Attorney General
by sections 103 and 292 of the Immigration and Nationality Act, 8 U.S.C. 1103 and 1362. Such
authority has been delegated to the Board of Immigration Appeals by 8 CFR part 3.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Decisions of the Board of Immigration Appeals are disseminated to the following
categories of users for the purposes indicated:
</p><p>(a) Parties appearing before the Board, (including the Immigration and Naturalization Service),
their attorneys or other representatives. Purpose: Parties are entitled to the decision as a matter
of due process; and in accordance with the requirements of 8 CFR 3.1(g).
</p><p>(b) Other lawyers, organizations recognized to appear before the Immigration and Naturalization
Service and their representatives. Purpose: To permit these users to be informed of current case law
and general maintenance of open system of jurisprudence.
</p><p>(c) Members of Congress. Purpose: Constituent inquires.
</p><p>(d) General public. Purpose: Selected decisions, designated as precedent decisions pursuant to 8
CFR are published in bound volumes of Administrative Decisions Under Immigration and Nationality
Laws of the United States. These are published to provide the public with guidance on the
administrative interpretation of the immigration laws and to facilitate open and uniform
adjudication of cases.
</p><p>Release of information to the news media:
</p><p>Information permitted to be released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department of Justice 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><p>Release of information to Members of Congress.
</p><p>Information contained in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be made available 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.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information in the system is kept in typed form and stored in loose leaf binders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Each decision is indexed by name and a numerical identifier.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information contained in the records is unclassified and intended for wide dissemination. No
specific safeguards to prevent unauthorized disclosure are employed since no type of disclosure is
presently regarded as "unauthorized" . Access to buildings in which records are stored is controlled
by guards provided by GSA.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are retained indefinitely and are not disposed of.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Executive Assistant, Board of Immigration Appeals, Department of Justice, Washington, DC
20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as the above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Decisions of the Board of Immigration Appeals are available to anyone upon request pursuant
to 5 U.S.C. 552a(b)(2).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Decisions of the Board of Immigration Appeals constitute official opinions and are not
subject to correction or amendment except in accordance with accepted standards of due process.
Decisions have been exempted from the correction provisions of 5 U.S.C. 552a(d).
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system are provided primarily by the record of
proceedings forwarded by the Immigration and Naturalization Service. Additionally, the person
concerned and his representative provide information.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsection (d)(2), (3) and (4) of the
Privacy Act pursuant to 5 U.S.C. 552a(k)(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 <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="bia2" toc="yes">
<systemNumber>/BIA-002</systemNumber>
<subsection type="systemName">Roster of Organizations and their Accredited Representatives
Recognized by the Board of Immigration Appeals.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p> 5203 Leesburg Pike, Falls Church, Virginia 22041.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p> (a) Persons associated in an official
capacity with a recognized organization; (b) Persons who have applied for, have been granted or have
been denied accreditation as representatives of recognized organizations.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p> This system consists of (a) a roster of charitable,
social service and similar organizations, and of their accredited representatives; (b) applications
and related documents submitted by such organizations and their representatives and (c) orders of
the Board of Immigration Appeals granting or denying recognition to such organizations and their
representatives. Recognized organizations and their accredited representatives are authorized to
practice before the Immigration and Naturalization Service and Board of Immigration Appeals.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p> This system is established and maintained under
the authority granted the Attorney General by sections 103 and 292 of the Immigration and
Nationality Act, 8 U.S.C. 1103 and 1362. Such authority has been delegated to the Board of
Immigration Appeals by 8 CFR part 292.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p> Copies of decisions granting or denying applications for recognition and
accreditation are sent to (a) the organization seeking recognition and (b) the Immigration and
Naturalization Service.
</p><p>Release of information to the news media:</p><p> Information permitted to be released to the news
media and the public pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the Department of Justice 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><p>Release of information to Members of Congress. Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p><p> Information contained in the system is stored in file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p> Information is retrieved by use of the name of the organization or
person accredited.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p> Information contained in this record system is unclassified. Access to
building in which records are stored is controlled by guards provided by GSA. No specific safeguards
are employed.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p> Records in this system are retained indefinitely.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p> Executive Assistant, Board of Immigration Appeals,
Department of Justice, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p> Address inquiries to: Chairman, Board of Immigration Appeals,
Department of Justice, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p> A request for access to a record from this system shall be
made in writing, with the envelope and letter clearly marked "Privacy Access Request."  Include in
the request(s) the name of the organization which has sought, or has been granted or denied
recognition and the name of the individual who has sought accreditation as a representative of such
organization, or, where no organization is concerned, the name of the individual who has sought
accreditation or recognition. The requester will provide a return address for transmitting the
information. Access requests will be directed to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p> The procedures for contesting or amending information
contained in this system of records is governed by 8 CFR part 292. The procedures require that
organizations seeking accreditation of their representatives be notified of adverse information and
be given an opportunity to rebut such information.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p> Sources of information contained in this system are supplied
by the organization seeking recognition, individuals seeking accreditation, and reports supplied by
the Immigration and Naturalization Service.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p> None.
</p></xhtmlContent></subsection></section>
<section id="bop1" toc="yes">
<systemNumber>/BOP-001</systemNumber>
<subsection type="systemName">Prison Security and Intelligence Record System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records may be retained at any of the Bureau’s facilities, the Regional Offices and the
Central Office. A list of current addresses is contained in 28 CFR part 503 and on the Internet at
http://www.bop.gov.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current and former inmates under the custody of the Attorney General and/or the Director of
the Bureau of Prisons.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records in this system include:
</p><p>(a) Identification information including name, register number (if an inmate), and fingerprint
information; (b) Information concerning escape plots, assaults, and disturbances; (c) Investigate
reports; (d) Intelligence information; (e) Confidential Informant information; (f) FBI referral
records; (g) Telephone call records.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintained under the authority of 18 U.S.C. 3621, 4042, and
5003.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The records in this system are maintained to assist the Bureau in investigating and
documenting inmate incidents and prison disturbances for purposes of guarding the safety of other
inmates, Bureau staff and the general public. This system assists Bureau staff in gathering and
organizing information on serious prison incidents such as escape plots, inmate assaults, major
prison disturbances, investigative reports and confidential informant information. This system is
necessary to better ensure prison security and better protect inmates, staff and the public.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Relevant data from this system may be disclosed as follows:
</p><p>(a) As permitted in the Privacy Act, 5 U.S.C. 552a(b)(1), to officers and employees of the
Department of Justice who have a need for the information in the performance of their duties;
</p><p>(b) To federal, state, local, tribal, international and foreign law enforcement officials who
have a need for the information to perform their duties e.g., in the course of apprehensions,
investigations, possible criminal prosecutions, civil court actions, regulatory proceedings, inmate
disciplinary hearings, parole hearings, responding to emergencies, or other law enforcement
activity; information may also be disclosed to such law enforcement agencies in order to solicit or
obtain data needed by prison officials for law enforcement purposes;
</p><p>(c) 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 an individual who is the subject of the
record;
</p><p>(d) To the National Archives and Records Administration (NARA) and to the General Services
Administration in records management inspections conducted under the authority of 44 U.S.C. 2904 and
2906;
</p><p>(e) In a proceeding before a court, grand jury, or administrative or regulatory body when the
records are determined by the Department of Justice to be arguably relevant to the proceeding;
</p><p>(f) To a federal, state, or local licensing agency or association which requires information
concerning the suitability or eligibility of an individual for a license or permit;
</p><p>(g) 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 a Bureau function related to this system of records;
</p><p>(h) To any person or entity to the extent necessary to prevent immediate loss of life or serious
bodily injury;
</p><p>(i) Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose
relevant and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information maintained in the system is stored in electronic media in Bureau facilities via
a configuration of personal computer, client/server, and mainframe systems architecture.
Computerized records are maintained on hard disk, floppy diskettes, magnetic tapes, compact discs
(CDs) and/or optical disks. Documentary records are maintained in microfilm, manual file folders
and/or index card files.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrievable by institution, date, type of incident, and, where available, by
inmate name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information is safeguarded in accordance with Bureau rules and policy governing sensitive
data and automated information systems security and access. These safeguards include the maintenance
of records and technical equipment in restricted areas, and the required use of proper passwords and
user identification codes to access the system. Only those Bureau personnel who require access to
perform their official duties may access the system equipment and the information in the system.
Documentary records are maintained in secure areas in locked, fireproof cabinets, in guarded
buildings and accessed only by authorized personnel.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records in this system are retained for five (5) years after initial documentation of the
incident and, if appropriate, may be incorporated into another system of records, e.g. JUSTICE/BOP
-005, Inmate Central Record System. Records concerning major prison disturbances are sent to
the National Archives for permanent storage. Non-criminal activity files are kept at the institution
for five years, after which they are destroyed by shredding. Automated records are destroyed by
degaussing.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Director, Correctional Programs Division, Federal Bureau of Prisons, 320 First
Street NW., Washington, DC 20534.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries concerning this system should be directed to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>All requests for records may be made by writing to the Director, Federal Bureau of Prisons,
320 First Street NW., Washington, DC 20534, and should be clearly marked "Privacy Act Request."
This system is exempt, under 5 U.S.C. 552a (j), from some access. A determination as to exemption
shall be made at the time a request for access is received.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Bureau staff, inmates, confidential informants, and law enforcement officials.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>Pursuant to 5 U.S.C. 552a(j), the Attorney General has exempted this system from subsections
(c)(3) and (4), (d), (e)(2) and (3), (e)(4)(H), (e)(8), (f), and (g). Rules have been promulgated in
accordance with the requirement of 5 U.S.C. 553(b), (c) and (e) and have been published in the <i>
Federal Register</i> and codified at 28 CFR 16.97(a) and (b).
</p></xhtmlContent></subsection></section>
<section id="bop3" toc="yes">
<systemNumber>/BOP-003</systemNumber>
<subsection type="systemName">Industrial Inmate Employment Record System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records may be retained at any of the Bureau’s facilities, the Regional
Offices and the Central Office. All requests for records may be made to the Central Office: U.S.
Bureau of Prisons, 320 First Street NW, Washington, DC 20534.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current and former inmates under the
custody of the Attorney General.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>(1) Inmate assignment records; (2) Time and
Attendance Reports; (3) Work Performance Reports; (4) Payroll Records.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintained under
authority of 31 U.S.C. 841; 18 U.S.C. 4002, 4121 et seq.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The routine uses of this system are: (a) To determine compensation of inmates
pursuant to 18 U.S.C. 4002, 4126, 4125, 4121 et seq.; (b) to record employment history of an inmate
within the Federal Prison Industries, Inc.; (c) to record disbursement of Federal Prison Industries,
Inc., funds for payroll purposes; (d) to evaluate effectiveness of industrial training of inmates;
(e) to evaluate authenticity of Federal Prison Industries, inc., accounting records; (f) to provide
information source to officers and employees of the Department of Justice who have need for
information in the performance of their duties; (g) to provide information sources to state and
federal law enforcement officials for investigations, possible criminal prosecution, civil court
actions, or regulatory proceedings; (h) to provide information relating to federal offenders to
federal and state courts, court personnel, and probation officials.
</p><p>Release of information to the news media: Information permitted to be released to news media and
the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by the
Department of Justice 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><p>Release of information to Members of Congress: Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration: A record from a
system of records may be disclosed as a routine use to the National Archives and Records
Administration (NARA) in records management inspections conducted under the authority of 44 U.S.C.
2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose
relevant and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage: </p><p>Information maintained in the system is stored on documents, magnetic
tape, magnetic disk, tab cards, and microfilm.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>(1) Documents, Tab Cards and Microfilm--Information is indexed by
name and/or register number. (2) Magnetic Tape and Disk--information is indexed by Name,
Register Number, Social Security Number, and FBI Number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information is safeguarded in accordance with Bureau of Prisons rule
governing access and release.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records in this system are retained for a period of thirty (30)
years after expiration of sentence, then destroyed by shredding.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Chief, Management and Information Systems Group, U.S.
Bureau of Prisons, 320 First Street, NW, Washington, DC 20534.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to: Director, Bureau of Prisons, 320 First
Street, NW, Washington, DC 20534. The major part of this system is exempt from this requirement
under 5 U.S.C. 552a (j). Inquiries concerning this system should be directed to the System Manager
listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>The major part of this system is exempt from this requirement
under 5 U.S.C. 552a (j). To the extent that this system of records is not subject to exemption, it
is subject to access and contest. A determination as to exemption shall be made at the time a
request for access is received.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as the above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>(1) The inmate; (2) Bureau of Prisons/Federal Prison
Industries staff members; (3) U.S. Treasury Department.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted
this system from subsections (c)(3) and (4), (d), (e)(2) and (3), (e)(4)(H), (e)(8), (f) and (g) of
the Privacy Act pursuant to 5 U.S.C. 552a (j). 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 <i>Federal
Register</i>.</p></xhtmlContent></subsection></section>

<section id="bop4" toc="yes">
<systemNumber>/BOP-004</systemNumber>
<subsection type="systemName">Inmate Administrative Remedy Record System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records may be retained at the Central Office, Regional Offices, or at any of the Federal
Bureau of Prisons (Bureau) facilities, or at any location operated by a contractor authorized to
provide computer and/or correctional services to Bureau inmates. A list of Bureau facilities may be
found at 28 CFR part 503 and on the Internet at http://www.bop.gov.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current and former inmates, including pre-trial detainees, under the custody of the Attorney
General and/or the Director of the Bureau of Prisons.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records in this system include: (1) Inmate information including (a) name; (b) register
number; (c) institution location; (d) current offense and sentence; (e) prior criminal record; (f)
social background; (g) institution adjustment; (h) institution program data; (i) medical
information; and (j) personal property data; (2) complaint information including copies of BOP
-9’s (institution level complaints), BOP-10’s (Region appeals) and BOP-11’s
(Central Office appeals); and (3) processing information, including dates of filing and responses.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The system is established and maintained under authority of 18 U.S.C. 3621, 4042, 5003, and
28 CFR part 542.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The Bureau maintains records of the receipt, processing and responses to grievances filed by
inmates pursuant to the Bureau’s Administrative Remedy Program, which was established to provide
inmates with a means to seek formal review of issues relating to conditions of their confinement.
The related uses for which the Bureau maintains the system include (1) to provide a source of
information for reconsideration or amendment of Bureau policy with regard to its operation; (2) to
maintain a source of information for purposes of defending civil actions filed against the Bureau by
inmates; and (3) to provide a source of information for statistical reports furnished to federal
courts for the purpose of determining exhaustion of administrative remedies and the effectiveness of
the Administrative Remedy Program in reducing the backlog of cases filed in federal court.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Relevant data from this system will be disclosed as follows:
</p><p>(a) To federal, state, local, foreign and international law enforcement agencies and officials
for law enforcement purposes such as civil court actions, regulatory proceedings, responding to an
emergency, inmate disciplinary proceedings; or for such law enforcement needs as prison
administration, investigations, and possible criminal prosecutions.
</p><p>(b) 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;
</p><p>(c) To Members 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 record subject;
</p><p>(d) 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;
</p><p>(e) To the National Archives and Records Administration and General Services Administration in
records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906;
</p><p>(f) In a proceeding before a court, grand jury, or administrative or regulatory body when records
are determined by the Department of Justice to be arguably relevant to the proceeding;
</p><p>(g) To a federal, state, or local licensing agency or association which requires information
concerning the suitability or eligibility of an individual for a license or permit and;
</p><p>(h) Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose
relevant and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information maintained in the system is stored in electronic media via a configuration of
personal computer, client/server, and mainframe systems architecture and may be accessed by only
those staff with a need-to-know at all Bureau and contractor facilities. Some information may be
stored in other computerized media, e.g., hard disk, floppy diskettes, magnetic tape, digital
recordings, Compact Discs (CDs), and/or optical disks. Documentary records are maintained in manual
file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Documents are indexed by name and/or register number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Automated information is safeguarded in accordance with Department of Justice and Bureau of
Prisons rules and policy governing automated information systems security and access. These
safeguards include the maintenance of records and technical equipment in restricted areas, e.g.
controlled access buildings, and the required use of proper passwords and user identification codes
to access the system. Manual records are stored in a file room. All records in Bureau facilities are
maintained in guarded buildings.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Case files, stored electronically and/or on paper, are maintained for a period of three (3)
full years from the date the response is completed, at which time they are destroyed. Indexes are
maintained for a period of twenty (20) years, at which time they are destroyed.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Director/General Counsel, Federal Bureau of Prisons; 320 First Street NW.,
Washington, DC 20534.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries should be directed to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>All requests for records may be made by writing to the System Manager identified above,
Federal Bureau of Prisons, 320 First Street NW., Washington, DC 20534. The envelope should be
clearly marked "Privacy Act Request."  This system of records is exempted from access pursuant to 5
U.S.C. 552a(j). A determination as to the applicability of the exemption to a particular record(s)
shall be made at the time a request for access is received.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Records are generated by: Inmates; individuals covered by the system; Bureau staff; federal,
state, local, tribal, and foreign law enforcement agencies; and federal/state probation and judicial
offices.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3) and (4), (d), (e)(2),
(e)(3), (e)(4)(H), (e)(8), (f) and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j). 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 <i>Federal Register</i> and codified at 28 CFR 16.97 (a) and (b). </p></xhtmlContent></subsection></section>

<section id="bop5" toc="yes">
<systemNumber>/BOP-005</systemNumber>
<subsection type="systemName">Inmate Central Records System.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Unclassified.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records may be retained at any Department of Justice authorized location, including the
Central Office, Regional Offices, any of the Federal Bureau of Prisons (Bureau) and/or any
contractor-operated correctional facilities. A list of Bureau locations may be found at 28 CFR part
503 and on the Internet at <i>http://www.bop.gov</i>.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals currently or formerly under the custody of the Attorney General and/or the
Director of the Bureau of Prisons, including those individuals under custody for criminal and civil
commitments.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system contains records relating to the care, classification, subsistence, protection,
discipline, and programs of federal inmates. Such records may include:
</p><p>(1) Computation of sentence and supporting documentation; (2) correspondence and other
documentation concerning pending charges, and wanted status, including warrants; (3) requests from
other federal and non-federal law enforcement agencies for notification prior to release; (4)
records of the allowance, forfeiture, withholding and restoration of good time; (5) information
concerning present offense, prior criminal background, sentence and parole; (6) identification data
including date of birth, Social Security number, driver’s license number, alien registration number,
physical description, sex, race, religious preference, photographs, fingerprints, digital image,
biometric identifier, drug testing and DNA samples and analysis records; (7) institution designation
and housing assignments, including separation orders, and supporting documentation; (8) work and
payroll records; (9) program selections, assignment and performance or progress reports; (10) prison
conduct records, including information concerning disciplinary actions, participation in escapes,
assaults, and disturbances; (11) economic, social, and religious background, including special
religious dietary requirements; (12) educational data, including industrial and vocational training;
(13) physical and mental health data; (14) United States Parole Commission orders, actions and
related forms; (15) correspondence regarding the inmate, including his or her release, adjustment
and violations; (16) transfer information, including orders and transportation arrangements; (17)
mail, visiting and telephone records; (18) personal property records; (19) safety reports and rules;
(20) release processing forms and certificates; (21) interview requests; (22) litigation related
records; (23) investigatory information; (24) institution tracking records to locate archived files;
(25) referrals of non-federal inmates to Bureau custody and/or referrals of Bureau inmates to state
custody.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintained under the authority of 18 U.S.C. 3621, 4042, 5003
(state inmates), and section 11201 of Chapter 1 of Subtitle C of Title XI of the National Capital
Revitalization and Self-Government Improvement Act of 1997 (Pub. L. 105-33; 111 Stat. 740).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>This system assists the Attorney General and the Bureau of Prisons in meeting statutory
responsibilities for the safekeeping, care and custody of incarcerated persons. It serves as the
primary record system on these individuals and includes information critical to the continued safety
and security of federal prisons and the public.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Relevant data from this system will be disclosed as follows:
</p><p>(a) To officers and employees of the Bureau of Prisons and the Department of Justice who have a
need for the information in the performance of their duties;
</p><p>(b) To federal, state, local, tribal, foreign and international law enforcement agencies and
court officials for law enforcement and court-related purposes such as investigations, possible
criminal prosecutions, civil court actions, or regulatory or parole proceedings, and, prior to
release of an inmate, to the chief law enforcement officer of the state and local jurisdiction in
which the released inmate will reside, as required by 18 U.S.C. 4042(b);
</p><p>(c) To a court or adjudicative body before which the Department of Justice or the Bureau is
authorized to appear, or to a private attorney authorized by the Department of Justice to represent
a Bureau employee, when any of the following is a party to litigation or has an interest in
litigation and such records are determined by the Bureau to be arguably relevant to the litigation:
(1) The Bureau, or any subdivision thereof, or the Department of Justice, or (2) any Department of
Justice or Bureau employee in his or her official capacity, or (3) any Department of Justice or
Bureau employee in his or her individual capacity where the Department of Justice has agreed to
provide representation for the employee, or (4) the United States, where the Bureau determines that
the litigation is likely to affect it or any of its subdivisions;
</p><p>(d) In an appropriate proceeding before a court or administrative or regulatory body when records
are determined by the Department of Justice to be arguably relevant to the proceeding, including
federal, state, and local licensing agencies or associations which require information concerning
the suitability or eligibility of an individual for a license or permit;
</p><p>(e) 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;
</p><p>(f) To victims and/or witnesses, pursuant to federal victim/witness legislation and policy
requiring the release of information relating to an inmate’s furlough, parole (including appearance
before the United States Parole Commission), transfer to a community corrections center, mandatory
release, expiration of sentence, escape (including apprehension), death, and other such release-
related information;
</p><p>(g) To state agencies and authorities, pursuant to Public Law 98-135, for the purpose of
matching the data against state records to review eligibility of these inmates for unemployment
compensation; the requesting state is to erase the Bureau data after this determination has been
made;
</p><p>(h) To the Social Security Administration (SSA), pursuant to Public Law 96-473, for the
purpose of matching the data against SSA records to enable the SSA to determine the eligibility of
Bureau inmates to receive benefits under the Social Security Act and for the purpose of assisting
SSA in providing inmate data to the states administering federal benefit programs such as Food
Stamps; SSA is to erase the Bureau data after the match has been made;
</p><p>(i) (i) To the United States Department of Veterans Affairs (VA), for the purpose of matching the records against VA records to determine the eligibility or potential eligibility of Bureau inmates to receive veterans’ benefits and/or services.;
</p><p>(j) To the Federal Aviation Administration (FAA), pursuant to Public Law 100-690, for the
purpose of matching the data against FAA records to determine the eligibility of Bureau inmates to
hold and obtain airmen certification and qualification;
</p><p>(k) To the Internal Revenue Service (IRS) for the purposes of matching the data against IRS
records for fraud detection;
</p><p>(l) 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;
</p><p>(m) 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;
</p><p>(n) To the National Archives and Records Administration and General Services Administration in
records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906;
</p><p>(o) To any person or entity to the extent necessary to prevent immediate loss of life or serious
bodily injury;
</p><p>(p) To a former employee of the Department, pursuant to subsection (b)(3) of the Privacy Act, 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; and
</p><p>(q) To the United States Sentencing Commission (USSC) for the purpose of providing inmate
identification data to enable the USSC to perform research and conduct studies.
</p><p>(r) To the news media and the public, including disclosures of matters solely of general public
record, including name, offense, sentence data, current and past institution confinements, and
release date, unless it is determined that release of the specific information would constitute an
unwarranted invasion of personal privacy;
</p><p>(s) To such recipients and under such circumstances and procedures as are mandated by federal
statute or treaty;
</p><p>(t) To federal, state or community health care agencies and professionals, including physicians,
psychiatrists, psychologists, and state and federal medical facility personnel, who are providing
treatment for a pre-existing condition to former federal inmates, and to federal, state, or local
health care agencies and professionals for the purpose of securing medical or mental health after-
care for current federal inmates.
</p><p>(u) To the Department of State (DOS), for the purpose of matching the data against DOS records
for detection/prevention of criminal activity under 18 U.S.C. 1544.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent>
<p>Information maintained in the system is stored electronically in Bureau facilities via a
configuration of personal computers, servers, and mainframe systems architecture. Computerized
records are maintained on hard disks, Compact Discs (CDs), storage area networks, or tape backup
systems. Documentary (physical, "hard copies," paper, etc.) records are maintained in
manual file folders or electronically as described above. Some older records are maintained on
microfilm, microfiche, and/or index card files.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrievable by identifying data, including name, inmate register number, FBI
number, alien registration number and/or Social Security number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information is safeguarded in accordance with Bureau rules and policy governing automated
information systems security and access. These safeguards include the maintenance of records and
technical equipment in restricted areas, and the required use of proper passwords and user
identification codes to access the system. Only those authorized DOJ personnel who require access to
perform their official duties may access the system equipment and the information in the system.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records in this system are retained for a period of thirty (30) years after the expiration
of the sentence. Records of an unsentenced inmate are retained for a period of ten (10) years after
the inmate’s release from confinement. Documentary records are destroyed by shredding; computer
records are destroyed by degaussing and/or shredding.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Director, Correctional Programs Division, Federal Bureau of Prisons, 320 First
Street NW, Washington, DC 20534.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries concerning this system should be directed to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>All requests for records may be made in writing to the Director, Federal Bureau of Prisons,
320 First Street NW., Washington, DC 20534, and should be clearly marked "Privacy Act Request."
This system is exempt, under 5 U.S.C. 552a(j), from some access. To the extent that this system of
records is not subject to exemption, it is subject to access and contest. A determination as to
exemption shall be made at the time a request for access is received.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Records are generated by: (1) Individual currently or formerly under custody; (2) federal,
state, local, foreign and international law enforcement agencies and personnel; (3) federal and
state prosecutors, courts and probation services; (4) educational institutions; (5) health care
providers; (6) relatives, friends, and other interested individuals or groups in the community; (7)
former or future employers; (8) state, local and private corrections staff; and (9) Bureau staff and
institution contractors and volunteers.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3) and (4); (d); (e)(1),
(2), (3), (4)(G), (H), and (I), (5), (8); (f); and (g) of the Privacy Act pursuant to 5 U.S.C.
552a(j). The Attorney General has also exempted this system from subsections (c)(3); (d); (e)(1),
(e)(4)(G), (H), and (I); and (f) of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). Rules have been
promulgated in accordance with the requirements of 5 U.S.C. 553(b), (c) and (e) and published in
today’s <i>Federal Register</i>.</p></xhtmlContent></subsection></section>

<section id="bop6" toc="yes">
<systemNumber>/BOP-006</systemNumber>
<subsection type="systemName">Inmate Trust Fund Accounts and Commissary Record System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records may be retained at the Central Office, Regional Offices, or at any of the Federal
Bureau of Prisons (Bureau) facilities, or at any location operated by a contractor authorized to
provide computer, financial and/or correctional services to the Bureau. A list of Bureau facilities
may be found at 28 CFR part 503 and on the Internet at http://www.bop.gov.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals currently or formerly under the custody of the Attorney General and/or the
Director of the Bureau of Prisons, vendors who supply products to institution commissaries, and
persons who send or receive funds to/from inmates.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records in this system include: (1) Financial data on individuals currently or formerly
under custody; (2) personal identification data for individuals covered by this system; (3) vendor
lists and linked product information; and (4) system generated reports, such as Inmate Balance
Reports, Transaction Input Listings, Inmate Sales Receipts, and Stock Status Reports.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintained under authority of 18 U.S.C. 3621, 4042, and 5003,
and 31 U.S.C. 1321.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The purpose of this system is to track trust fund accounts of current and former inmates,
including all payments in and out of these accounts, to provide accounting of inmate trust fund
balances for purposes of verifying pauper status under 28 U.S.C. 1915, and to maintain information
on all vendors who supply products to institution commissaries to facilitate ordering of commissary
products.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Relevant data from this system will be disclosed as follows:
</p><p>(a) To officers and employees of the Department of Justice who have a need for the information in
the performance of their official duties;
</p><p>(b) To federal, state, local, tribal, foreign and international law enforcement agencies and
officials for law enforcement purposes such as investigations, possible criminal prosecutions, civil
court actions, or regulatory proceedings;
</p><p>(c) To a court or adjudicative body before which the Department of Justice or the Bureau is
authorized to appear for purposes of verifying pauper status under 28 U.S.C. 1915, or when any of
the following is a party to litigation or has an interest in litigation and such records are
determined by the Bureau to be arguably relevant to the litigation: (1) The Bureau, or any
subdivision thereof, or (2) any Department or Bureau employee in his or her official capacity, or
(3) any Department or Bureau employee in his or her individual capacity where the Department has
agreed to provide representation for the employee, or (4) the United States, where the Bureau
determines that the litigation is likely to affect it or any of its subdivisions;
</p><p>(d) In an appropriate proceeding before a court or administrative or regulatory body when records
are determined by the Department of Justice to be arguably relevant to the proceeding, including
federal, state, and local licensing agencies or associations which require information concerning
the suitability or eligibility of an individual for a license or permit;
</p><p>(e) 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;
</p><p>(f) 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;
</p><p>(g) To the National Archives and Records Administration and General Services Administration in
records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906;
</p><p>(h) To any person or entity to the extent necessary to prevent immediate loss of life or serious
bodily injury;
</p><p>(i) 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; and
</p><p>(j) Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose
relevant and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information maintained in the system is stored in electronic media, including the Federal
Prison Point of Sale (FPPOS) System, in Bureau and contractor facilities via a configuration of
personal computer, client/server, and mainframe systems architecture. Computerized records are
maintained on hard disk, floppy diskettes, Compact Discs (CDs), magnetic tapes and/or optical disks.
Documentary records are maintained in manual file folders and/or index card files.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrievable by identifying data of the persons covered by the system, including
name and address, inmate register number, and/or system-generated vendor number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information is safeguarded in accordance with Bureau rules and policy governing automated
information systems security and access. These safeguards include the maintenance of records and
technical equipment in restricted areas, and the required use of proper passwords and user
identification codes to access the system. Only those Bureau and contractor personnel who require
access to perform their official duties may access the system equipment and the information in the
system.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Inmate financial data in the system of records is retained for six years from the date of
transaction, and system-generated reports are retained for as long as they are needed. Computerized
records are destroyed by degaussing; documentary records are destroyed by shredding.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Chief, Trust Fund Branch, Administration Division, Federal Bureau of Prisons, 320 First
Street NW., Room 5005, Washington, DC 20534.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries concerning this system should be directed to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>All requests for records may be made in writing to the Director, Federal Bureau of Prisons,
320 First Street NW., Washington, DC 20534, and should be clearly marked "Privacy Act Request."
This system is exempt, under 5 U.S.C. 552a (j) from some access. To the extent that this system of
records is not subject to exemption, it is subject to access and contest. A determination as to
exemption shall be made at the time a request for access is received.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Records are generated by individuals currently or formerly under custody, persons sending or
receiving funds to/from inmates, vendors supplying products to institution commissaries, Department
of Justice and contractor employees.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3) and (4), (d), (e)(1),
(e)(2), (e)(3), (e)(4)(H), (e)(5), (e)(8), (f) and (g) of the Privacy Act pursuant to 5 U.S.C.
552a(j). Rules have been promulgated in accordance with the requirements of 5 U.S.C. 553(b), (c) and
(e). </p></xhtmlContent></subsection></section>

<section id="bop7" toc="yes">
<systemNumber>/BOP-007</systemNumber>
<subsection type="systemName">Inmate Physical and Mental Health Record System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records may be retained at the Central Office, Regional Offices, or at any of the Federal
Bureau of Prisons (Bureau) or at any location operated by a contractor authorized to provide
correctional, medical, and/or computer service to the Bureau. A list of Bureau system locations may
be found at 28 CFR part 503 and on the Internet at http://www.bop.gov.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals currently or formerly under the custody of the Attorney General and/or the
Director of the Bureau of Prisons.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records in this system include: (1) Identification data, including name, inmate register
number, date of birth, Social Security number, FBI number, drug testing and DNA samples and
analysis; (2) medical and dental history and examinations (past and present), including diagnosis
and treatment notes, records, and pharmaceutical information; (3) medical information concerning
deaths of inmates; (4) offense information, including Pre-sentence Reports; (5) designations of
inmates from parent facilities to medical facilities, including date and type of referral; (6) pre-
certifications authorizing inmates to receive care at local medical facilities, including authorized
and actual length of stay, and all associated cost information; (7) mental health and drug abuse
information, including interview, testing data, and progress or observation notes, generated and
maintained by Bureau staff; (8) mental health and drug abuse information generated outside the
Bureau by other corrections agencies and health care providers such as surgical clinics, mental
hospitals, private therapists, etc.; (9) urine surveillance reports of drug program participants;
(10) automated data, including Electronic Signatures, Sensitive Medical Data (SMD), Medical Duty
Status (MDS), and Diagnosis Group (DGN); and (11) information concerning infectious diseases,
including HIV and Tuberculosis (TB) testing and treatment records.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintained under the authority of 18 U.S.C. 3621, 4014, 4042,
4082, 4241 et seq., 5003, and section 11201 of Chapter 1 of Subtitle C of Title XI of the National
Capital Revitalization and Self-Government Improvement Act of 1997.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>This system assists the Bureau in providing appropriate health care to persons in the
custody of the Bureau. It provides for the maintenance and release of records concerning the
medical, mental and dental health of persons in the Bureau’s custody.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Relevant data from this system will be disclosed as follows:
</p><p>(a) 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;
</p><p>(b) To community health care professionals, including physicians, psychiatrists, psychologists,
state and federal medical facility personnel, who are providing treatment for a pre-existing
condition to former federal inmates;
</p><p>(c) To federal, state, local, foreign and international law enforcement agencies and officials
for law enforcement purposes such as investigations, possible criminal prosecutions, civil court
actions, or regulatory proceedings;
</p><p>(d) To a court or adjudicative body before which the Department of Justice or the Bureau 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 Bureau to be arguably relevant to the litigation:
(1) The Bureau, or any subdivision thereof, or (2) any Department or Bureau employee in his or her
official capacity, or (3) any Department or Bureau employee in his or her individual capacity where
the Department has agreed to provide representation for the employee, or (4) the United States,
where the Bureau determines that the litigation is likely to affect it or any of its subdivisions;
</p><p>(e) In an appropriate proceeding before a court or administrative or regulatory body when records
are determined by the Department of Justice to be arguably relevant to the proceeding, including
federal, state, and local licensing agencies or associations which require information concerning
the suitability or eligibility of an individual for a license or permit;
</p><p>(f) 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;
</p><p>(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;
</p><p>(h) To the National Archives and Records Administration and General Services Administration in
records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906;
</p><p>(i) To any person or entity to the extent necessary to prevent immediate loss of life or serious
bodily injury; and
</p><p>(j) For information relating to infectious diseases, as follows:
</p><p>(1) To state health departments and/or the Center for Disease Control, pursuant to state and/or
federal laws requiring notice of cases of reportable infectious diseases;
</p><p>(2) To the United States Probation Office in the district where an inmate is being released from
Bureau custody on parole, placement in a community-based program, furlough, or full-term release,
when the inmate is known to be HIV positive or under treatment for exposure to or active
Tuberculosis (TB);
</p><p>(3) To the Director of a Community Corrections Center (halfway house) receiving an inmate from
Bureau custody when the inmate is known to be HIV positive or under treatment for exposure to or
active TB;
</p><p>(4) To the physician/provider of a Bureau or non-Bureau staff, or other person exposed to a
blood-born pathogen while lawfully present in a Bureau facility, for the purpose of providing
prophylaxis or other treatment and counseling; and
</p><p>(k) Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose
relevant and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information maintained in the system is stored in electronic media in Bureau facilities via
a configuration of personal computer, client/server, and mainframe systems architecture.
Computerized records are maintained on hard disk, Compact Discs (CDs), floppy diskettes, magnetic
tapes and/or optical disks. Documentary records are maintained in manual file folders, microfilm
and/or index card files.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrievable by identifying data, including last name and inmate register number,
and/or the inmate’s social security number and/or FBI number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information is safeguarded in accordance with Bureau rules and policy governing automated
information systems security and access. These safeguards include the maintenance of records and
technical equipment in restricted areas, and the required use of proper passwords and user
identification codes to access the system. Only those Bureau personnel who require access to perform
their official duties may access the system equipment and the information in the system.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records in this system are retained for a period of thirty (30) years after expiration of
the sentence. Documentary records are destroyed by shredding; computer records are destroyed by
degaussing and/or shredding.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Director, Health Services Division, Federal Bureau of Prisons; 320 First Street
NW., Washington, DC 20534.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries concerning this system should be directed to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>All requests for records may be made in writing to the Director, Federal Bureau of Prisons,
320 First Street NW., Washington, DC 20534, and should be clearly marked "Privacy Act request."
This system is exempt, under 5 U.S.C. 552a(j), from some access. To the extent that this system of
records is not subject to exemption, it is subject to access and contest. A determination as to
exemption shall be made at the time a request for access is received.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as the above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Records are generated by: (1) Individuals currently or formerly under Bureau custody; (2)
Bureau of Prisons staff; (3) community health care providers, including individuals, hospitals
and/or other professionals involved in the medical, mental, and dental care of inmates and/or former
inmates; and (4) other federal and/or state, local or tribal agencies, including those preparing or
providing information on pre-sentence reports.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3) and (4), (d), (e)(1),
(e)(2), (e)(3), (e)(4)(H), (e)(5), (e)(8), (f) and (g) of the Privacy Act pursuant to 5 U.S.C.
552a(j). Rules have been promulgated in accordance with the requirements of 5 U.S.C. 553(b), (c) and
(e). </p></xhtmlContent></subsection></section>

<section id="bop8" toc="yes">
<systemNumber>/BOP-008</systemNumber>
<subsection type="systemName">Inmate Safety and Accident Compensation Record System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records may be retained at the Central Office, Regional Offices, or at any of the Federal
Bureau of Prisons (Bureau) facilities, or at any location operated by a contractor authorized to
provide computer and/or correctional service to Bureau inmates. A list of Bureau facilities may be
found at 28 CFR part 503 and on the Internet at http://www.bop.gov.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current and former inmates, including pre-trial detainees, under the custody of the Attorney
General and/or the Director of the Bureau of Prisons.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records in this system include (a) inmate identification data including name, register
number, location; (b) information concerning inmate accident/injuries sustained during : (1) Work
related accidents; (2) recreation; (3) vehicle accidents; (4) assaults; and (5) other non-work-
related accidents; and (c) processing data including dates of receipt of claims and responses.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The system is established and maintained under authority of 18 U.S.C. 3621, 4042, 4126, and
5003.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>This system of records is maintained to assist in the processing of inmate claims for
injuries sustained during (1) work related accidents; (2) recreation; (3) vehicle accidents; (4)
assaults; and (5) other non-work-related accidents. In addition, this system provides: (a)
Documented records of inmate accidents and injuries for the purpose of measuring safety programs’
effectiveness; (b) an information source of compliance with the Occupational Safety and Health Act;
(c) documented records of inmate accidents, injuries, and disabilities for adjudication of claims by
inmates filed under the Inmate Accident Compensation System established pursuant to 18 U.S.C. 4126
and regulations contained in 28 C.F.R. Part 301; and (d) background information and litigation
reports to United States Attorneys for purpose of defending civil actions filed against the Bureau.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Relevant data from this system may be disclosed as follows:
</p><p>(a) To federal, state, local, foreign and international law enforcement agencies and officials
for law enforcement purposes such as civil court actions, regulatory proceedings, responding to an
emergency, inmate disciplinary proceedings; or for such law enforcement needs as prison
administration, investigations, and possible criminal prosecutions;
</p><p>(b) 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;
</p><p>(c) To Members 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 record subject;
</p><p>(d) 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;
</p><p>(e) To consultant physicians treating inmates following release from custody for the purpose of
providing medical history in conjunction with further treatment of the individual inmate;
</p><p>(f) To the National Archives and Records Administration and General Services Administration in
records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906;
</p><p>(g) In a proceeding before a court, grand jury, or administrative or regulatory body when the
records are determined by the Department of Justice to be arguably relevant to the proceeding;
</p><p>(h) To a federal, state or local licensing agency or association which requires information
concerning the suitability or eligibility of an individual for a license or permit;
</p><p>(i) Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose
relevant and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information maintained in the system is stored in electronic media via a configuration of
personal computer, client/server, and mainframe systems architecture and may be accessed by those
with a need-to-know at all Bureau and contractor facilities. Some information may be stored in other
computerized media, e.g., hard disk, floppy diskettes, magnetic tape, digital recordings, Compact
Discs (CDs), and/or optical disks. Documentary records are maintained in manual file folders and/or
on index card files.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records may be retrieved by identifying data including name and/or register number of inmate
and/or claim number generated by the system.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Manual records are stored in locked filing cabinets or in safes and can be accessed only by
authorized personnel by key or combination formula. Automated equipment is kept in secured rooms and
can be accessed only by authorized personnel through passwords and identification codes. All records
in Bureau facilities are maintained in guarded buildings.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records in this system are retained for a period of two (2) years after expiration of
sentence. Some records may be transferred into another record system: the Inmate Central Records
System, JUSTICE/BOP-005, or the Inmate Physical and Mental Health Record System, JUSTICE/BOP
-007, and some records may be destroyed by shredding and/or electronic means.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Director, Health Services Division, Federal Bureau of Prisons; 320 First Street
NW., Washington, DC 20534.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries should be directed to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>All requests for records may be made by writing to the System Manager identified above,
Federal Bureau of Prisons, 320 First Street NW., Washington, DC 20534. The envelope should be
clearly marked "Privacy Act Request."  This system of records is exempted from access pursuant to 5
U.S.C. 552a(j). A determination as to the applicability of the exemption to a particular record(s)
shall be made at the time a request for access is received.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Records are generated by: Individuals covered by the system (inmates and former inmates);
Bureau staff; hospital and/or medical sources; pre-sentence reports; other mental health care
agencies’ observation reports; Federal, State, local, tribal, and foreign law enforcement agencies;
and Federal/State probation and judicial offices.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3) and (4), (d), (e)(2),
(e)(3), (e)(4)(H), (e)(8), (f) and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j). 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 <i>Federal Register</i> and codified at 28 CFR 16.97(a) and (b).
</p></xhtmlContent></subsection></section>
<section id="bop9" toc="yes">
<systemNumber>/BOP-009</systemNumber>
<subsection type="systemName">Administrative Claims Record System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records may be retained at the Central Office, Regional Offices, or at any of the Federal
Bureau of Prisons (Bureau) facilities, or at any location operated by a contractor authorized to
provide computer and/or correctional services to Bureau inmates. A list of Bureau facilities may be
found at 28 CFR part 503 and on the Internet at http://www.bop.gov.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current and former inmates, including pre-trial detainees, under the custody of the Attorney
General and/or the Director of the Bureau of Prisons, civilians who are claimants under the Federal
Tort Claims Act (FTCA), current and former employees who are claimants under the FTCA, the Military
Personnel and Civilian Employees Claims Act (CECA), and the Bureau of Prisons Claims (BOPCA).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records in this system include: (1) Claims and supporting documents; (2) personal data
regarding the claimant, including name, register number (if an inmate or former inmate), address,
social and criminal background (if applicable), and employment history; (3) investigative reports;
(4) medical reports; (5) property records; (6) litigation reports, pleadings and decisions (7)
correspondence; and (8) processing data, including dates of receiving and responding to the claim.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The system is established and maintained under authority of the Federal Tort Claims Act, 28
U.S.C. 2671 et seq. (FTCA); the Military Personnel and Civilian Employees Claims Act, 31 U.S.C. 3721
(CECA); and the Bureau of Prisons Claims Act, 31 U.S.C. 3722 (BOPCA).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The purpose of this system is to process and track administrative claims submitted to the
Bureau under the FTCA, the CECA, and the BOPCA. The system is maintained to assist in the processing
of these claims for personal injury and/or property damages and to provide an information source for
subsequent litigation concerning these claims in United States Courts.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Relevant data from this system will be disclosed as follows:
</p><p>(a) To Federal, State, local, foreign and international law enforcement agencies and officials
for law enforcement purposes such as civil court actions, regulatory proceedings, responding to an
emergency, inmate disciplinary proceedings; or for such law enforcement needs as prison
administration, investigations, and possible criminal prosecutions.
</p><p>(b) 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;
</p><p>(c) To Members 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 record subject;
</p><p>(d) 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;
</p><p>(e) To the National Archives and Records Administration and General Services Administration in
records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906;
</p><p>(f) In a proceeding before a court, grand jury, or administrative or regulatory body when the
records are determined by the Department of Justice to be arguably relevant to the proceeding;
</p><p>(g) To a federal, state, or local licensing agency or association which requires information
concerning the suitability or eligibility of an individual for a license or permit;
</p><p>(h) Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose
relevant and necessary information 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; and
</p><p>(i) To any person or entity to the extent necessary to prevent an immediate loss of life or
serious bodily injury.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information maintained in the system is stored in electronic media via a configuration of
personal computer, client/server, and mainframe systems architecture and may be accessed by those
with a need-to-know at all Bureau and contractor facilities. Some information may be stored in other
computerized media, e.g., hard disk, floppy diskettes, magnetic tape, digital recordings, Compact
Discs (CDs), and/or optical disks. Documentary records are maintained in manual file folders and/or
on index card files.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Documents are indexed by the claimant’s name and/or claim number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information is safeguarded in accordance with Bureau rules and policy governing automated
information systems security and access. These safeguards include the maintenance of records and
technical equipment in restricted areas and the proper use of passwords and user identification
codes to access the system. Automated equipment and manual records are stored in guarded buildings
and can be accessed only by authorized personnel through passwords and identification codes.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Information in this system is maintained for twelve (12) years after close of case, at which
time documentary records are destroyed by shredding. Electronic records are erased after ninety (90)
days unless archived into the case file.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Director/General Counsel, Federal Bureau of Prisons; 320 First Street NW.,
Washington, DC 20534.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries should be directed to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>All requests for records may be made by writing to the System Manager identified above,
Federal Bureau of Prisons, 320 First Street NW., Washington, DC 20534. The envelope should be
clearly marked "Privacy Act Request."  This system of records is exempted from access pursuant to 5
U.S.C. 552a(j). A determination as to the applicability of the exemption to a particular record(s)
shall be made at the time a request for access is received.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Records are generated by: claimants; inmates; Bureau staff; Federal, State, local, tribal,
and foreign law enforcement agencies; Federal/State probation and judicial offices; Congress;
contract and consulting physicians, including hospitals; and attorneys for claimants.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3) and (4), (d), (e)(2),
(e)(3), (e)(4)(H), (e)(8), (f) and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j). 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 <i>Federal Register</i> and codified at 28 CFR 16.97(a) and (b).
</p></xhtmlContent></subsection></section>
<section id="bop10" toc="yes">
<systemNumber>/BOP-010</systemNumber>
<subsection type="systemName">Access Control Entry/Exit System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records may be retained at the Central Office, Regional offices, and at any of the Bureau of
Prisons (Bureau) facilities. A list of these system locations may be found at 28 CFR part 503 and on
the Internet at http://www.bop.gov.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current and former staff, inmates now or formerly under the custody of the Attorney General
or the Bureau, and all visitors to Bureau facilities, including law enforcement personnel,
contractors, volunteers, and inmate visitors.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Information retrieved and stored by the system may include any information relative to
providing safe and secure prison facilities, to protecting the prison population and/or the general
public, and/or, where appropriate, to otherwise promoting the interests of effective law
enforcement.
</p><p>Examples include:
</p><p>(a) Identification data (much of which is collected from the individual), such as the person’s
name, current residence, social security number, employer, place and date of birth, age, height,
weight, digital image, biometric identifier information, alien registration number, driver’s license
number, telephone number, passport number, system-generated number, hair color, eye color, sex,
race, escort of visitor into institution, and system classification of individual;
</p><p>(b) Other data collected from the visitor and/or from law enforcement to enable prison officials
to determine the suitability/acceptability of a visitor such as: the purpose of the visit, testing
data regarding drugs, explosives, weapons and/or other contraband, relationship to the inmate and
information indicating whether the visitor is under investigation by law enforcement and/or has ever
been convicted of a crime, probation and/or parole status, name of supervising probation/parole
officer, etc.;
</p><p>(c) Records generated by the system to report entry/exit activity, e.g. date and time of
entry/exit, entry/exit locations used; and location data, including location in the institution
visited and/or movement within the institution;
</p><p>(d) Any related law enforcement or investigatory data, provided by third parties such as inmates,
courts, and other federal, state, local, and foreign law enforcement agencies, e.g. criminal history
and/or investigatory data relating to potential visitors; investigatory data otherwise developed by
Bureau officials regarding any activity, or suspicious activity, which may threaten the safe and
secure operation of federal correctional facilities, e.g. remarks describing a possible introduction
of contraband; drug testing data; and any other information that may enable the Bureau to pursue an
internal investigation on a record subject.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintained under the authority of 18 U.S.C. 3621, 4042, 5003.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The records in this system are maintained to better ensure the safety, security and good
order of Bureau facilities; to improve staff ability to quickly account for all persons (inmates,
visitors, and staff) within an institution in the event of an emergency, such as an institution
disturbance or a natural disaster; to identify and, where appropriate, determine the suitability of
visitors with respect to entering prison facilities; and, to more effectively prevent violations of
institution policy and/or criminal activity, such as inmate escapes and the introduction of
contraband. Where these efforts fail to prevent such violations, and/or where appropriate, records
may be collected and used by the Bureau for internal investigations.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Relevant data from this system will be disclosed as follows:
</p><p>(a) To federal, state, local, foreign and international law enforcement agencies who have a need
for the information to perform their duties, e.g. in the course of apprehensions, investigations,
possible criminal prosecutions, civil court actions, regulatory proceedings, inmate disciplinary
hearings, parole hearings, responding to emergencies, or other law enforcement activity;
</p><p>(b) To federal, state, local, foreign and international law enforcement agencies in order to
solicit or obtain data needed by prison officials for law enforcement purposes, e.g. to determine
whether a visitor may be under investigation, have a criminal record, or otherwise be unsuitable to
visit; or to obtain any information that may enable the Bureau to pursue an internal investigation
pertaining to any record subject based on information developed by the Bureau;
</p><p>(c) 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;
</p><p>(d) 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;
</p><p>(e) To the National Archives and Records Administration (NARA) and to the General Services
Administration in records management inspections conducted under the authority of 44 U.S.C. 2904 and
2906;
</p><p>(f) To a court or adjudicative body before which the Department of Justice or the Bureau 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 Bureau to be arguably relevant to the litigation:
(1) The Bureau, or any subdivision thereof, or (2) any Department or Bureau employee in his or her
official capacity, or (3) any Department or Bureau employee in his or her individual capacity where
the Department has agreed to provide representation for the employee, or (4) the United States,
where the Bureau determines that the litigation is likely to affect it or any of its subdivisions;
</p><p>(g) In an appropriate proceeding before a court or administrative or regulatory body when records
are determined by the Department of Justice to be arguably relevant to the proceeding, including
federal, state, and local licensing agencies or associations which require information concerning
the suitability or eligibility of an individual for a license or permit;
</p><p>(h) 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;
</p><p>(i) To any person or entity to the extent necessary to prevent immediate loss of life or serious
bodily injury; and
</p><p>(j) Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose
relevant and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information maintained in the system is stored in electronic media in Bureau facilities via
a configuration of personal computer, client/server, and mainframe systems architecture.
Computerized records are maintained on hard disks, floppy diskettes, compact discs (CDs), magnetic
tape and/or optical disks. Documentary records are maintained in manual file folders and/or index
card files.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrievable by identifying data, including last name, inmate register number,
system classification category, Social Security number, alien registration number, system-generated
identification number, passport number, employee badge number and/or miscellaneous identification
number as provided by the visitor and/or other law enforcement agencies.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information is safeguarded in accordance with Bureau rules and policy governing automated
information systems security and access. These safeguards include the maintenance of records and
technical equipment in restricted areas, and the required use of proper passwords and user
identification codes to access the system. Similarly, paper records are stored in secured areas to
prevent unauthorized access. Only those Bureau personnel who require access to perform their
official duties may access the records described in this system of records.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records generated by the system to report entry/exit and internal movement activities are
retained in accordance with General Records Schedule (GRS) 18. All other records in the system of
records are retained until such time as the records no longer serve the purpose described by this
system of records. At such time, these records (including investigatory records and/or records
relating to disciplinary hearings and/or other appropriate personnel actions) may be incorporated
into an appropriate, published BOP system of records with an approved retention schedule, or
destroyed. Computerized records are destroyed by shredding, degaussing, etc., and documentary
records are destroyed by shredding.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Director, Information, Policy, and Public Affairs Division, Federal Bureau of
Prisons, 320 First Street NW., Washington, DC 20534.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries concerning this system should be directed to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>All requests for records may be made by writing to the Director, Federal Bureau of Prisons,
320 First Street NW., Washington, DC 20534, and should be clearly marked "Privacy Act Request."
This system is exempt, under 5 U.S.C. 552a (j)(2) or (k)(2), from some access. A determination as to
exemption shall be made at the time a request for access is received.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Records are generated by: (1) Individuals covered by the system; (2) federal, state, local,
tribal, foreign and international law enforcement agencies; and (3) federal and state probation and
judicial offices.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>Pursuant to 5 U.S.C. 552a(j)(2) or (k)(2), the Attorney General has exempted this system
from subsections (c)(3) and (c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(5) and (e)(8), and (g) of the
Privacy Act. Rules have been promulgated in accordance with the requirements of 5 U.S.C. 553(b), (c)
and (e) and may be found at 28 CFR part 16.97 (c) and (d).
</p></xhtmlContent></subsection></section>
<section id="bop11" toc="yes">
<systemNumber>/BOP-011</systemNumber>
<subsection type="systemName">Telephone Activity Record System.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Unclassified.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records may be retained at the Central Office, Regional Offices, Federal Bureau of Prisons
(Bureau) facilities, any location operated by a contractor authorized to provide computer, and/or
telephone service to the BOP for inmate use, or any other authorized location. A list of Bureau
facilities may be found at 28 CFR part 503 and on the Internet at <i>http://www.bop.gov.</i>
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current and former inmates, including pre-trial detainees, under the custody of the Attorney
General and/or the Director of the Bureau of Prisons; recipients of telephone calls from current and
former inmates; individuals on the approved telephone lists of current or former inmates;
individuals who request, in writing, that the Bureau delete their name and telephone number from
inmate telephone lists.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records in this system include: (1) Personal identification data; (2) accounting data,
including amounts deposited by the inmate, call charges, and account balances; (3) telephone call
data, including date, time, and duration of each call; the name and register number of the inmate
who placed the call; and the telephone number and name of the call recipient and his/her
relationship to the inmate, audiotapes and digital recordings of telephone calls; and (4)
investigatory data developed internally as well as any related data collected from federal, state,
local and foreign law enforcement agencies, and from federal and state probation and judicial
officers.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>18 U.S.C. 2510 et seq., 3621, 4042, and 5003.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>This system of records is maintained to manage financial records relating to inmate calls
and to ensure that inmates exercise their telephone privileges in a manner consistent with
correctional goals. The related uses for which BOP will maintain the system include (1) accounting
of inmate funds for telephone use; (2) maintaining inmate telephone lists; (3) monitoring of inmate
telephone activity; and (4) conducting investigations, e.g., investigation of inmate funds as
related to telephone usage, and/or illegal activities or suspected illegal activities being
conducted, coordinated, or directed from within a federal correctional institution.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Relevant data from this system will be disclosed as follows:
</p><p>(a) To federal, state, local, foreign and international law enforcement agencies and officials
for law enforcement purposes such as civil court actions, regulatory proceedings, responding to an
emergency, inmate disciplinary proceedings in the course of apprehensions or other disposition; or
for such law enforcement needs as prison administration, investigations, and possible criminal
prosecutions, including possible criminal violations discovered as part of telephone monitoring done
for the safety, security and good order of penal institutions. Such telephone monitoring information
will be disclosed only in accordance with the provisions of the federal wiretap statutes contained
in 18 U.S.C. 2510 et seq. and Bureau implementing policy.
</p><p>(b) To a court or adjudicative body before which the Department of Justice or the Bureau is
authorized to appear, or to a private attorney authorized by the Department of Justice to represent
a Bureau employee, when any of the following is a party to litigation or has an interest in
litigation and such records are determined by the Bureau to be arguably relevant to the litigation:
(1) The Bureau, or any subdivision thereof, or (2) any Department or Bureau employee in his or her
official capacity, or (3) any Department or Bureau employee in his or her individual capacity where
the Department has agreed to provide representation for the employee, or (4) the United States,
where the Bureau determines that the litigation is likely to affect it or any of its subdivisions;
</p><p>(c) 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;
</p><p>(d) To Members 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 record subject;
</p><p>(e) 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;
</p><p>(f) To the National Archives and Records Administration and General Services Administration in
records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906;
</p><p>(g) To affected non-inmate record subjects to the extent necessary to provide such persons with
information concerning placement and/or removal from an inmate’s telephone list;
</p><p>(h) To any person or entity to the extent necessary to prevent immediate loss of life or serious
bodily injury;
</p><p>(i) In an appropriate proceeding before a court or administrative or regulatory body when records
are determined by the Department of Justice to be arguably relevant to the proceeding, including
federal, state, and local licensing agencies or associations which require information concerning
the suitability or eligibility of an individual for a license or permit, and;
</p><p>(j) Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose
relevant and necessary information 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.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information maintained in the system is stored in electronic media via a configuration of
personal computer, client/server, and mainframe systems architecture and may be accessed by those
with a need-to-know at all Bureau and contractor facilities. Some information may be stored in other
computerized media, e.g., hard disk, floppy diskettes, magnetic tape, digital recordings, Compact
Discs (CDs), and/or optical disks. Documentary records are maintained in manual file folders and/or
on index card files.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records may be retrieved by identifying data including name and/or register number of
inmate; and /or by name and/or telephone number of call recipient or individual on approved inmate
telephone list.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Manual records are stored in locked filing cabinets or in safes and can be accessed only by
authorized personnel by key or combination formula. Automated equipment is kept in secured rooms and
can be accessed only by authorized personnel through passwords and identification codes. All records
in Bureau facilities are maintained in guarded buildings.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>With the exception of audiotapes and digital recordings, automated records in this system
are maintained on magnetic medium ordinarily for six years from the date created, at which time they
will be overwritten with new data. Paper documents are maintained for a period of 30 years from
expiration of sentence of the inmate, at which time they are destroyed by shredding. Audiotapes and
digital recordings are maintained ordinarily for six months from the date created, at which time
they are overwritten with new data.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Director, Administration Division, Federal Bureau of Prisons; 320 First Street
NW., Washington, DC 20534.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries should be directed to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>All requests for records may be made by writing to the System Manager identified above,
Federal Bureau of Prisons, 320 First Street NW, Washington, DC 20534. The envelope should be clearly
marked "Freedom of Information/Privacy Act Request."  This system of records is exempted from access
pursuant to 5 U.S.C. 552a(j)(2) and/or (k)(2). A determination as to the applicability of the
exemption to a particular record(s) shall be made at the time a request for access is received.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Records are generated by: individuals covered by the system; Bureau staff; federal, state,
local, tribal, international, and foreign law enforcement agencies; and federal/state probation and
judicial offices.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3) and (4), (d), (e)(2),
(e)(3), (e)(5), (e)(8), (f) and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2) and/or (k)
(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 <i>Federal Register</i>. The rules are published at 28 CFR 16.97(e)
and (f).
</p></xhtmlContent></subsection></section>
<section id="bop12" toc="yes">
<systemNumber>/BOP-012</systemNumber>
<subsection type="systemName">Office of Internal Affairs Investigative Records.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records may be retained at the Central Office, Regional Offices, or at any of the Federal
Bureau of Prisons (Bureau) or at any location operated by a contractor authorized to provide
correctional, medical, and/or computer service to the Bureau. A list of Bureau system locations may
be found at 28 CFR part 503 and on the Internet at http://www.bop.gov.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>In connection with its investigative duties, the Office of Internal Affairs (OIA) maintains
records on the following categories of individuals:
</p><p>(a) Individuals or entities who are or have been the subject of investigations conducted by the
Bureau including current or former employees of the Bureau; current and former consultants,
contractors, and subcontractors with whom the agency has contracted and their employees; grantees to
whom the BOP has awarded grants and their employees; and such other individuals or entities whose
association with the Bureau relates to alleged violation(s) of the Bureau’s rules of conduct, the
Civil Service merit system, and/or criminal or civil law, which may affect the integrity or physical
facilities of the Bureau, including inmates and all visitors to Bureau facilities; and
</p><p>(b) Individuals who are witnesses; complainants; confidential or nonconfidential informants; and
parties who have been identified by the Bureau or by other agencies, by constituent units of the
Bureau or by members of the general public as potential subjects of or parties to an investigation
under the jurisdiction of the Bureau, OIA.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>OIA records fall into the following three categories:
</p><p>1. "Information files" : Information received by OIA staff that is unrelated to current
investigations and which does not suggest that administrative misconduct was probable, e.g.
allegations of staff actions that are performance related.
</p><p>2. "Complaint files" : Database entries and hard copies of all allegations received, including
those that are screened out and do not generally develop into OIA investigations because the matter
may be too old, for example.
</p><p>3. "Investigation files" , also known as "case files" : Information relating to OIA
investigations, including:
</p><p>(a) Letters, memoranda, and other documents citing complaints of alleged criminal, civil, or
administrative misconduct;
</p><p>(b) Reports of investigations to resolve allegations of misconduct or violations of law with
related exhibits, statements, affidavits or records obtained during investigations; prior criminal
or noncriminal records of individuals as they relate to the investigations; reports from or to other
law enforcement bodies; information obtained from informants; nature of allegations made against
suspects and identifying data concerning such suspects; and public source materials.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Inspector General Act of 1978, 5 U.S.C. App. 3, as amended by the Inspector General Act
Amendments of 1988.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The Bureau, OIA maintains this system of records in order to conduct its responsibilities
pursuant to the Inspector General Act of 1978, 5 U.S.C. App. 3, as amended by the Inspector General
Act of 1988. The OIA is statutorily directed to conduct and supervise investigations relating to
programs and operations of the Bureau; to promote economy, efficiency, and effectiveness in the
administration of such programs and operations; and to prevent and detect fraud, waste and abuse in
such programs and operations. Accordingly, the records in this system are used in the course of
investigating individuals and entities suspected of having committed illegal and unethical acts in
conducting related criminal prosecutions, civil proceedings, or administrative actions.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Records in this system may be disclosed as follows:
</p><p>(a) In the event that records indicate a violation or potential violation of law, whether civil,
criminal or regulatory in nature, and whether arising by general statute or particular program
statute, or by rule, regulation, or order pursuant thereto, or if records indicate a violation or
potential violation of the terms of a contract or grant, the relevant records may be disclosed to
the appropriate agency, whether federal, state, local, foreign or international, charged with the
responsibility of investigating or prosecuting such violation, enforcing or implementing such
statute, rule, regulation or order, or with enforcing the terms of such contract or grant;
</p><p>(b) A record may be disclosed to a federal, state, local, foreign or international agency, or to
an individual or organization when necessary to elicit information which will assist an
investigation, inspection or audit;
</p><p>(c) A record may be disclosed to a federal, state, local, foreign or international agency
maintaining civil, criminal or other relevant information if necessary to obtain information
relevant to a Bureau decision concerning the assignment, hiring or retention of an individual, the
issuance or revocation of a security clearance, the reporting of an investigation of an individual,
the letting of a contract, or the issuance or revocation of a license, grant, or other benefit;
</p><p>(d) A record may be disclosed to a federal, state, local, foreign or international agency, and/or
contract correctional company, in connection with the assignment, hiring or retention of an
individual, the issuance or revocation of a license, grant, or other benefit by the agency to the
extent that the information is relevant and necessary to the agency’s decision on the matter;
</p><p>(e) A record may be disclosed 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;
</p><p>(f) Relevant records may be disclosed to an administrative forum, including ad hoc forums, which
may or may not include an Administrative Law Judge, and which may or may not convene public
hearings/proceedings, or to other established adjudicatory or regulatory agencies, e.g., the Merit
Systems Protection Board, the National Labor Relations Board, or other agencies with similar or
related statutory responsibilities, where necessary to adjudicate decisions affecting individuals
who are the subject of OIA investigations and/or who are covered by this system, including (but not
limited to) decisions to effect any necessary remedial actions, e.g., the initiation of debt
collection activity, disciplinary and/or other appropriate personnel action, and/or other law
enforcement related actions, where appropriate;
</p><p>(g) A record may be disclosed to complainants and/or victims to the extent necessary to provide
such persons with information concerning the results of the investigation or case arising from the
matters of which they complained and/or of which they were a victim;
</p><p>(h) A record may be disclosed to the National Archives and Records Administration and to the
General Services Administration during a records management inspection conducted under 44 U.S.C.
2904 and 2906;
</p><p>(i) 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; and
</p><p>(j) Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose
relevant and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information maintained in the system is stored in electronic media in Bureau facilities via
a configuration of personal computer, client/server, and mainframe systems architecture.
Computerized records are maintained on hard disk, Compact Discs (CDs), floppy diskettes, magnetic
tapes and/or optical disks. Documentary records are maintained in manual file folders, microfilm
and/or index card files.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Entries are arranged alphabetically and are retrieved with reference to the surname of the
individuals covered by this system of records.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information is safeguarded in accordance with Bureau rules and policy governing sensitive
data and automated information system security and access. These safeguards include the maintenance
of records and technical equipment in restricted areas, and the required use of proper passwords and
user identification codes to access the system. Only those Bureau personnel who require access to
perform their official duties may access the system equipment and the information in the system.
Manual records are stored in safes and locked filing cabinets in secured rooms or in guarded
buildings.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records in this system are retained as follows: (1) "Information files"  are maintained for
one year from the time the information is received; (2) "complaint files"  are maintained for five
(5) years from the date of the database entry; and (3) "investigation files"  are retained for
thirty (30) years from the year the OIA investigation is begun. Documentary records are destroyed by
shredding; computer records are destroyed by degaussing and/or shredding.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Director/ General Counsel, Federal Bureau of Prisons, 320 First Street NW,
Washington, DC 20534.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries concerning this system should be directed to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>The major part of this system is exempted from this requirement pursuant to 5 U.S.C. 552a
(j)(2), (k)(1), and (k)(2). To the extent that this system of records is not subject to exemption,
it is subject to access. A determination as to exemption shall be made at the time a request for
access is received. A request for access to records contained in this system shall be made in
writing, with the envelope and the letter clearly marked "Privacy Act Request."  Include in this
request the full name of the individual involved, his or her current address, date and place of
birth, notarized signature, and any other identifying number or information which may be of
assistance in locating the record. The requester shall also provide a return address for
transmitting the information. Access requests shall be directed to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The subjects of investigations; individuals with whom the subjects of investigations are
associated; current and former BOP officers and employees; officials of federal, state, local and
foreign law enforcement and non-law enforcement agencies; private citizens, witnesses; confidential
and nonconfidential informants; and public source materials.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3) and (4), (d), (e)(1),
(2), (3), (5), and (8) and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2). In addition, the
system has been exempted from subsections (c)(3), (d), and (e)(1) pursuant to 5 U.S.C. 552a(k)(1)
and (k)(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 <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="bop13" toc="yes">
<systemNumber>/BOP-013</systemNumber>
<subsection type="systemName">Inmate Electronic Message Record System.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Unclassified.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records will be retained at any of the Federal Bureau of Prisons (Bureau) facilities
nationwide, at any location operated by a contractor authorized to provide computer and/or
electronic message service to Bureau inmates, or at any other authorized location. A list of Bureau
facilities may be found at 28 CFR part 503 and on the Internet at <i>http://www.bop.gov.</i>
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current and former inmates, including pre-trial detainees, under the custody of the Attorney
General and/or the Director of the Bureau of Prisons; recipients of electronic messages from current
and former inmates; individuals on the approved electronic message correspondent lists of current or
former inmates; individuals who request, in writing through either traditional mail or through
electronic message, that the Bureau delete their name and electronic address from inmate electronic
message correspondent lists.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p></p><p>Records in this system include: (1) Personal identification data; (2) time usage data;
(3) electronic message data, including date and time of each electronic message; the name and
register number of the inmate who sent the electronic message; personal information of the message
recipient, including postal address; and the electronic address of the message recipient and his/her
relationship to the inmate, digital and compact disc recordings of electronic messages; and (4)
investigatory data, which includes any background checks of correspondents or any other relevant
information collected during an investigation by the BOP or other law enforcement agency, developed
internally as well as any related data collected from federal, state, local, tribal and foreign law
enforcement agencies, and from federal and state probation and judicial officers.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>18 U.S.C. 3621, 4042, and 5003.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>This system of records is maintained to manage records relating to inmate electronic
messages and to ensure that inmates exercise their electronic message privileges in a manner
consistent with correctional goals. The Bureau of Prisons encourages inmates to maintain contact
with members of the community, including contact through the exchange of electronic messages
directed to socially useful goals. The related uses for which the Bureau will maintain the system
include (1) recording of time used by inmates writing, receiving, and reviewing electronic messages;
(2) maintaining inmate electronic message correspondent lists; (3) monitoring of inmate electronic
message activity; and (4) conducting investigations, e.g., investigation of inmate activity related
to electronic message usage, and/or illegal activities or suspected illegal activities being
conducted, coordinated, or directed from within a federal correctional institution.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Relevant data from this system will be disclosed as follows:
</p><p>(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, including possible criminal violations discovered as part of
electronic message monitoring done for the safety, security and good order of penal institutions.
</p><p>(b) 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;
</p><p>(c) 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 record
subject;
</p><p>(d) 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;
</p><p>(e) To the National Archives and Records Administration in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906;
</p><p>(f) To affected non-inmate record subjects to the extent necessary to provide such persons with
information concerning placement and/or removal from an inmate’s electronic message correspondent
list;
</p><p>(g) To an individual, 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;
</p><p>(h) In an appropriate proceeding before a court, 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 a court, or administrative or adjudicative body, when the adjudicator
determines the records to be relevant to the proceeding;
</p><p>(i) The Department of Justice may disclose relevant and necessary information 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; and
</p><p>(j) To federal, state, local, tribal, foreign or international licensing agencies or associations
which require information concerning the suitability or eligibility of an individual for a license
or permit.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not Applicable.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information maintained in the system is stored in electronic media via a configuration of
personal computer and client/server, and may be accessed by those with a need-to-know at all Bureau
and contractor facilities. Some information may be stored in other computerized media, e.g., hard
disk, floppy diskettes, magnetic tape, digital recordings, Compact Discs (CDs), and/or optical
disks. Documentary records are maintained in manual file folders and/or on index card files.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records may be retrieved by identifying data including name and/or register number of
inmate; and/or by name and/or electronic address of message recipient or individual on approved
inmate electronic message correspondent list.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information is safeguarded in accordance with Bureau rules and policy governing automated
information systems security and access. These safeguards include the maintenance of records and
technical equipment in restricted areas, and the required use of proper passwords and user
identification codes to access the system. Only those Bureau personnel and authorized contractors
who require access to perform their official duties may access the system equipment and the
information in the system. Bureau inmates will only be able to access their own sent and received
electronic messages.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Electronic messages are maintained ordinarily for six months from the date created, at which
time they are overwritten with new data. Other records in this system may be incorporated into
another system of records, e.g., JUSTICE/BOP-005, Inmate Central Records System. System-
generated reports are retained for as long as they are needed. Computerized records are destroyed by
degaussing; documentary records are destroyed by shredding.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Director, Administration Division, Federal Bureau of Prisons, 320 First Street,
NW., Washington, DC 20534.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries should be directed to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>All requests for records may be made by writing to the Federal Bureau of Prisons, 320 First
Street, NW., Washington, DC 20534. The envelope should be clearly marked "Freedom of
Information/Privacy Act Request."  The request should include a general description of the records
sought, including the approximate dates covered by the record, the requester’s full name, current
address, and date, and place of birth. Also, if the requester is an inmate who requests documents to
be sent to a third party, the inmate must provide with the request an example of his or her
signature, which must be verified and dated within three (3) months of the date of request. This
system of records is exempted from access pursuant to 5 U.S.C. 552a(j)(2) and/or (k)(2). A
determination as to the applicability of the exemption to a particular record(s) shall be made at
the time a request for access is received.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above. Requesters may contest record procedures by writing to the Office of
Information and Privacy, U.S. Department of Justice, Federal Bureau of Prisons, 320 First Street,
NW., Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Records are generated by: individuals covered by the system; Bureau staff; federal, state,
local, tribal, international and foreign law enforcement agencies; and federal/state probation and
judicial offices.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3) and (4), (d)(1)-
(4), (e)(2), (e)(3), (e)(5), and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2) and/or (k)
(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 <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="bop15" toc="yes">
<systemNumber>/BOP-015</systemNumber>
<subsection type="systemName">Outside Employment Requests Record System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records may be retained at the Central Office, Regional Offices, and/or at any of the
Federal Bureau of Prisons (Bureau) facilities. A list of these system locations may be found at 28
CFR part 503 and on the Internet at http://www.bop.gov.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current and former Bureau employees, including the following professionals: attorneys,
doctors, psychiatrists, chaplains and architects, who request approval for outside employment.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Submitted requests for permission to be employed outside the Bureau; staff notes,
correspondence and/or memoranda concerning the processing of these requests; approved/disapproved
requests signed by appropriate Bureau officials; identifying data of intended employers, including
name, address, telephone number, point of contact; identifying data of Bureau employee, including
name, duty location, address, telephone number, and system-generated number.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintained under the authority of 5 CFR 3801.106.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The purpose of this system is to track approved and disapproved requests by Bureau employees
for outside employment, including the following professions: attorneys, doctors, psychiatrists,
chaplains and architects.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>In addition to Bureau employees who have a need for the information in the course of their
duties, relevant data from this system will be disclosed as follows:
</p><p>(a) To federal, state, local, tribal, foreign and international law enforcement agencies and
officials for law enforcement purposes such as investigations, possible criminal prosecutions, civil
court actions, and/or regulatory proceedings;
</p><p>(b) To a court or adjudicative body before which the Department of Justice or the Bureau 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 Bureau to be arguably relevant to the litigation;
(1) the Bureau, or any subdivision thereof, or (2) any Department or Bureau employee in his or her
official capacity, or (3) any Department or Bureau employee in his or her individual capacity where
the Department has agreed to provide representation for the employee, or (4) the United States,
where the Bureau determines that the litigation is likely to affect it or any of its subdivisions;
</p><p>(c) In an appropriate proceeding before a court or administrative or regulatory body when records
are determined by the Department of Justice to be arguably relevant to the proceeding, including
federal, state, and local licensing agencies or associations which require information concerning
the suitability or eligibility of an individual for a license or permit;
</p><p>(d) 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;
</p><p>(e) To the National Archives and Records Administration and General Services Administration in
records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>(f) 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; and
</p><p>(g) Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose
relevant and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information maintained in the system is stored in electronic media in Bureau facilities via
a configuration of personal computer, client/server, and mainframe systems architecture.
Computerized records are maintained on hard disk, floppy diskettes, compact discs (CDs), magnetic
tapes and/or optical disks. Documentary records are maintained in manual file folders and/or index
card files.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Documentary records are sorted by year, and then filed alphabetically by the subject’s last
name. Computerized data is retrievable by the fields entered into the data-base, including name,
duty location, date, region, and the system-generated number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information is safeguarded in accordance with Bureau rules and policy governing automated
information systems security and access. These safeguards include the maintenance of records and
technical equipment in restricted areas, and the required use of proper passwords and user
identification codes to access the system. Only those Bureau personnel who require access to perform
their official duties may access the system equipment and the information in the system.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are reviewed every two years and are retained for seven (7) years from the date of
the approval/disapproval of the request. Documentary records are destroyed by shredding and
electronic records are destroyed by either erasing or degaussing.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Directory/General Counsel, Office of General Counsel, Federal Bureau of Prisons,
320 First Street NW, Washington, DC 20534.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries concerning this system should be directed to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>All requests for records may be made in writing to the Director, Federal Bureau of Prisons,
320 First Street NW, Washington, DC 20534, and should be clearly marked "Privacy Act Request."
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Records are generated by Bureau employees who submit requests for permission to be employed
outside the Bureau, by Bureau staff involved in the processing of these requests, and by intended
employers.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="bop101" toc="yes">
<systemNumber>/BOP-101</systemNumber>
<subsection type="systemName">National Institute of Corrections Technical Resource Provider Record System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records may be retained at the National Institute of Corrections (NIC) headquarters in
Washington, DC or in NIC field Offices, e.g., the NIC Academy campus currently located in Longmont,
Colorado.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals who have been identified and have agreed to provide technical and/or training
assistance to state, local, tribal, foreign and international correctional agencies in order to
strengthen and improve the practice of corrections. These individuals are referred to as Technical
Resource Providers (TRPs).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records in this system include: (1) Identification and/or logistical information for each
TRPs, including name, mailing address and telephone numbers; (2) resume and/or biographical
information of each TRP, including educational and work experience; (3) program information
concerning the subject area of expertise and descriptive comments provided by each TRP; and (4)
records generated by the system listing TRPs i.e. database printouts which include information
enumerated in (1), (2), and (3) above.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintained under the authority of 18 U.S.C. 4352.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>Recent technological developments are making it possible for the National Institute of
Corrections (NIC) to consolidate and automate its directory of individuals available to provide
technical and/or training assistance to corrections agencies. These individuals are currently called
Technical Resource Providers (TRPs) and the information about each TRP that is contained in this
system assists NIC in identifying appropriate TRPs to staff corrections seminars and provide
technical assistance.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Relevant data from this system will be disclosed as follows:
</p><p>(a) To federal agencies, and/or state, local, tribal, foreign and international government
agencies that have a need for the information in the performance of their official duties.
</p><p>(b) To individuals, groups or private correction companies who request technical assistance
and/or training in corrections.
</p><p>(c) To officials and/or contractors of federal, state, local, tribal, foreign and international
law enforcement agencies for law enforcement purposes such as investigations, possible criminal
prosecutions, civil court actions, and/or regulatory proceedings.
</p><p>(d) To employees and/or contractors of the National Archives and Records Administration and
General Services Administration in records management inspections conducted under the authority of
44 U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose
relevant and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information maintained in the system is stored in hard copy and/or electronic media in NIC
facilities via a configuration of personal computer, client/server, and mainframe systems
architecture. Computerized records are maintained on hard disk, floppy diskettes, magnetic tapes
and/or optical disks. Documentary records are maintained in manual file folders and/or index cards.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrievable by identification/logistical information, e.g. name and address of
TRP, and/or by the subject area of expertise.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information is safeguarded in accordance with Department of Justice and Bureau of Prisons
rules and policy governing automated information systems security and access. These safeguard
include the maintenance of records and technical equipment in restricted areas, e.g. locked offices
and locked file cabinets in controlled-access buildings, and the required use of proper passwords
and user identification codes to access the system. Only those NIC personnel who require access to
perform their official duties may access the system equipment and the information in the system.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Electronic records generated by the system are retained until such time as the records no
longer serve the purpose described by this system. At such time, these records may be updated and/or
incorporated into an appropriate, published system or records with an approved retention schedule,
or otherwise destroyed by shredding and/or degaussing. Documentary records are retained for eight
(8) years and then destroyed by shredding.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, National Institute of Corrections, Room 5007, 320 First St. NW, Washington, DC
20534.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries concerning this system should be directed to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>All requests for records may be made in writing to the Director, National Institute of
Corrections, Room  5007, 320 First St. NW, Washington, DC 20534, and should be clearly marked
"Privacy Act Request."
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Records are generated by individuals listed as a TRP, by NIC staff, and/or staff from other
correctional and/or other law enforcement agencies.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="bop102" toc="yes">
<systemNumber>/BOP-102</systemNumber>
<subsection type="systemName"> National Institute of Corrections Field Readers List.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records will be retained at the National Institute of Corrections (NIC), 320 First Street,
NW, Washington, DC 20534.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Persons with expertise in a field of corrections who have been approved by the Advisory
Board of NIC and who have agreed to review applications for grants where the amount of the award
exceeds 100,000 dollars or where a substantial personal conflict of interest is indicated.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>(1) Resume of individual including educational and work experience information; and (2)
expertise checklist completed by the individual.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintained under the authority of 18 U.S.C. 4352(a).
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The routine uses of this system are: (a) To provide an information source to officers and
employees of the Department of Justice who have a need for the information in the performance of
their duties; and (b) to provide the Advisory Board of NIC with a list of individuals who have the
expertise to review applications for grants where the amount of the award exceeds 100,000 dollars or
where a substantial personal conflict of interest is indicated.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information maintained in the system may be stored on documents, magnetic tape, and magnetic
disk.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is indexed by name and areas of expertise.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information is safeguarded in accordance with Bureau of Prisons rules governing access and
release.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>All records will be maintained until either the individual notifies NIC that he or she no
longer desires to provide assistance or until the Advisory Board of NIC determines that a name
should be deleted from the list. If deleted for any reason, the records will be destroyed by
shredding.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Administrative Officer, National Institute of Corrections, 320 First Street, NW, Room 200,
Washington, DC 20534.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to: Director, National Institute of Corrections, 320 First Street, NW,
Room 200, Washington, DC 20534.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as notification procedure.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as notification procedure.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>All information is obtained from the individual named in the list.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="bop103" toc="yes">
<systemNumber>/BOP-103</systemNumber>
<subsection type="systemName">National Institute of Corrections Academy Record System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records may be retained at the national headquarters of the National Institute of
Corrections (NIC) and/or at the NIC Academy campus currently located in Longmont, Colorado.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>NIC staff; training instructors also known as Technical Research Providers (TRP) contracted
by the NIC Academy; corrections staff student applicants from federal, state, local, tribal, foreign
and international government agencies, including corrections and other law enforcement agencies;
employees from private corrections companies who have contracted to provide corrections services to
government agencies.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records in this system include: (1) Identification and logistical information for
applicants, students, and TRPs at NIC Academy seminars, including name, gender, race, address,
telephone number, Social Security number, position title, training history, professional history;
(2) seminar applications; (3) seminar information including dates and location of each seminar and
name of seminar coordinator; (4) financial/procurement data for each seminar, including budget
information, printing orders and travel costs for TRPs and participants.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintained under the authority of 18 U.S.C. 4352.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The purpose of this system is to maintain a current database of student applicants,
participants and instructors, or Technical Research Providers (TRPs) at NIC Academy training
seminars; to track all expenditures related to each training seminar; and to maintain current
biographical data on NIC staff and TRPs.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Relevant data from this system will be disclosed as follows:
</p><p>(a) To contractors or employees of the Department of Justice and/or other federal agencies and/or
state, local, tribal, foreign and international government agencies or professional organizations
who have a need for the information in the performance of their official duties, e.g., when the
employees are participating in NIC seminars or when the agencies seek information for their own
purposes, such as training, budgeting, staffing, etc.;
</p><p>(b) To federal, state, local, tribal, foreign and international law enforcement agencies and
officials for law enforcement purposes such as investigations, possible criminal prosecutions, civil
court actions, and/or regulatory proceedings;
</p><p>(c) To a court or adjudicative body before which the Department of Justice or the Bureau 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 NIC to be arguably relevant to the litigation: (1)
NIC, the Bureau, or any subdivision thereof, or (2) any NIC, Bureau, or Department of Justice
employee in his or her official capacity, or (3) any NIC, Bureau, or Department of Justice employee
in his or her individual capacity where the Department of Justice has agreed to provide
representation for the employee, or (4) the United States, where NIC or the Bureau determines that
the litigation is likely to affect it or any of its subdivisions;
</p><p>(d) 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;
</p><p>(e) To the National Archives and Records Administration and General Services Administration in
records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose
relevant and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information maintained in the system is stored in electronic media in NIC Academy and/or
headquarters offices via a configuration of personal computer, client/server, and mainframe systems
architecture. Computerized records are maintained on hard disk, floppy diskettes, magnetic tapes
and/or optical disks. Documentary records are maintained in manual file folders and/or index cards.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrievable by identification information, e.g., names, locations of TRP staff
and/or student applicants; seminar information, e.g., subject, date and place of the seminar.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information is safeguarded in accordance with Bureau of Prisons rules and policy governing
automated information systems security and access. These safeguards include the maintenance of
records and technical equipment in restricted areas, and the required use of proper passwords and
user identification codes to access the system. Only those NIC personnel who require access to
perform their official duties may access the system equipment and the information in the system.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Biographical information about NIC staff and Technical Resource Providers (TRPs) is
maintained for three (3) years and then either updated or destroyed by shredding and/or degaussing.
Information about student applicants is maintained until such time as the records no longer serve
the purpose described by this system. At such time, these records may be incorporated into an
appropriate, published system of records with an approved retention schedule, or otherwise destroyed
by shredding and/or degaussing.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, National Institute of Corrections, Room 5007, 320 First Street NW, Washington, DC
20534.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries concerning this system should be directed to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>All requests for records may be made in writing to the Director, National Institute of
Corrections, Room 5007, 320 First Street NW, Washington, DC 20534, and should be clearly marked
"Privacy Act Request."
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Records are generated by NIC staff and by individuals desiring to attend NIC seminars.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="bop104" toc="yes">
<systemNumber>/BOP-104</systemNumber>
<subsection type="systemName">National Institute of Corrections Mailing List and Information Center Contacts Record
System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records may be retained at the national headquarters of the National Institute of
Corrections (NIC) and/or at the NIC Information Center currently located in Longmont, Colorado
and/or at the offices of an information management company authorized by contract with NIC to
maintain and manage the system.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals who request corrections information from the NIC Information Center and
Individuals who receive NIC-generated mailings of corrections information, including (1) NIC
constituents sorted by constituent group, e.g. directors or commissioners of state Departments of
Corrections, administrators of large jails, NIC Advisory Board members; (2) employees of federal,
state, local, tribal, foreign and international government agencies, including corrections and other
law enforcement agencies; (3) employees from private corrections companies who have contracted to
provide corrections services to government agencies; (4) inmates and inmate family members and
friends; (5) elected officials including Members of Congress; (6) members of professional
organizations including the American Corrections Association; (7) members of the news media; (8)
members of the general public, including staff and students from educational institutions and
charitable organizations.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records in this system include: (1) Identification and logistical information for persons
who contact the Information Center, e.g. name, agency, address, telephone number; library subject
codes of documents requested and sent, receipt and response dates, method of information delivery,
postage costs; (2) Names and addresses of NIC constituents, sorted by constituent group, e.g.
directors or commissioners of state Departments of Corrections, administrators of large jails, NIC
Advisory Board members.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintained under the authority of 18 U.S.C. 4352.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The purpose of this system is to more efficiently track and respond to persons who request
information from the NIC Information Center and to generate labels for NIC-initiated mailings to
groups of NIC constituents.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Relevant data from this system will be disclosed as follows:
</p><p>(a) To contractors or employees of the Department of Justice and/or other federal agencies,
and/or state, local, tribal, foreign and international government agencies or professional
organizations who have a need for the information in the performance of their official duties, e.g.
when the employees will use the mailing list to initiate mailings approved by NIC.
</p><p>(b) To the National Archives and Records Administration and General Services Administration in
records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose
relevant and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information maintained in the system is stored in electronic media via a configuration of
personal computer, client/server, and mainframe systems architecture located in the NIC Information
Center and/or NIC headquarters offices and/or the offices of an information management company
authorized by contract with NIC to maintain and manage the system. Computerized records are
maintained on hard disk, floppy diskettes, magnetic tapes and/or optical disks. Documentary records
are maintained in manual file folders and/or index cards.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records concerning persons who request information from the NIC Information Center are
retrievable by identification and logistical information, e.g., name, address. Records concerning
groups of NIC constituents who receive NIC-generated mailings are retrievable by category of
constituent group, e.g. sheriffs; by position in the constituent group, e.g. sheriff of Fairfax
County; and/or by certain identification information (names, addresses) of the individuals in the
constituent group, e.g. Sheriff John Smith.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information is safeguarded in accordance with Department of Justice and Bureau of Prisons
rules and policy governing automated information systems security and access. These safeguards
include the maintenance of records and technical equipment in restricted areas, and the required use
of proper passwords and user identification codes to access the system. Only those NIC personnel or
authorized contractor staff who require access to perform their official and/or contract duties may
access the system equipment and the information in the system.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Information is maintained until such time as the records no longer serve the purpose
described by this system. At such time, these records may be updated or incorporated into an
appropriate, published system of records with an approved retention schedule, or otherwise destroyed
by shredding and/or degaussing.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, National Institute of Corrections, Room 5007, 320 First Street NW, Washington, DC
20534.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries concerning this system should be directed to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>All requests for records may be made in writing to the Director, National Institute of
Corrections, Room 5007, 320 First Street NW, Washington, DC 20534, and should be clearly marked
"Privacy Act Request."
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Records are generated by NIC staff and/or by persons requesting information from the
Information Center and/or by NIC constituents seeking NIC-generated mailings.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="civ1" toc="yes">
<systemNumber>/CIV-001</systemNumber>
<subsection type="systemName">Civil Division Case File System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Civil Division, U.S. Department of Justice 10th Street NW, Washington, DC 20530; Record
Management Unit, 5320 Marinelli Road, Rockville, MD 20652; and Federal Records Center, Suitland, MD
20409.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals referenced in potential or actual cases and matters under the jurisdiction of
the Civil Division; and attorneys, paralegal, and other employees of the Civil Division directly
involved in these cases or matters.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>(1) Records in this system pertain to a broad variety of litigation under the jurisdiction
of the Civil Division relating to torts, civil fraud and other commercial matters, federal programs
and national security, immigration, and consumer issues. The case files contain court records,
inter-agency and intra-agency correspondence, and legal research. These records may include civil
investigatory and/or criminal law enforcement information and information classified pursuant to
Executive Order to protect national security interests. (2) Summary information (i.e., names of
principal parties or subjects, case file numbers, assignments, status, and classification) of these
cases or matters is maintained prior to FY 78 on index cards and from FY 78 in an automated case
tracking system. (3) A timekeeping function for attorneys, paralegal, and other employees of the
Civil Division directly involved in litigation supplements the automated case tracking system from
May of 1981.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>General authority to maintain the system is contained in 5 U.S.C. 301 and 44 U.S.C. 3101.
The particular system was established in accordance with 28 CFR 0.77(f) and 28 U.S.C. 552 and was
delegated to the Civil Division pursuant to the memorandum from the Deputy Attorney General, dated
July 17, 1974.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>Case records are maintained for the purpose of litigating or resolving any case or matter
under consideration by the Civil Division. The automated case tracking and timekeeping system exists
for the purpose of managing and evaluating the Division’s litigative activities.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>A record maintained in this system of records may be disseminated as a routine use of such
record as follows: (1) In any case in which there is an indication of a violation or potential
violation of law, whether civil, criminal or regulatory in nature, the record in question may be
disseminated to the appropriate federal, state, local or foreign agency charged with the
responsibility for investigating or prosecuting such violation or charged with enforcing or
implementing such law; (2) in the course of investigating the potential or actual violation of any
law, whether civil, criminal or regulatory in nature, or during the course of a trial or hearing, or
the preparation for a trial or hearing for such violation, a record may be disseminated to a
federal, state, local or foreign agency, or to an individual or organization, if there is reason to
believe that such agency, individual or organization possesses information or is responsible for
acquiring information relating to the investigation, trial or hearing and the dissemination is
reasonably necessary to elicit such information or to obtain the cooperation of a witness or an
informant; (3) a record relating to a case or matter that has been referred by an agency for
investigation, prosecution, or enforcement, or that involves a case or matter within the
jurisdiction of an agency, or where the agency or officials thereof are a party to litigation or
where the agency or officials may be affected by a case or matter, may be disseminated to such
agency to notify the agency of the status of the case or matter or of any decision or determination
that has been made, or to make such other inquiries and reports as are necessary during the
processing of the case or matter; (4) a record relating to a case or matter may be disseminated to a
foreign country pursuant to an international treaty or convention entered into and ratified by the
United States or to an executive agreement; (5) a record may be disseminated to a federal, state,
local, foreign, or international law enforcement agency to assist in the general crime prevention
and detection efforts of the recipient agency or to provide investigative leads to such agency; (6)
a record may be disseminated to a foreign country, through the United States Department of State or
directly to the representative of such country, to the extent necessary to assist such country in
civil or criminal proceedings in which the United States or one of its officers or agencies has an
interest; (7) a record, or any facts derived therefrom, may be disclosed in a grand jury proceeding
or in a proceeding before a court or adjudicative body before which the Civil Division is authorized
to appear when the United States, or any agency or subdivision thereof, is a party to litigation and
such records are determined by the Civil Division to be arguably relevant to the litigation; (8) to
facilitate processing Freedom of Information and Privacy Act requests for these records, information
may be disclosed to another Federal agency to (a) permit a decision as to access, amendment or
correction of records to be made in consultation with or by that agency, or (b) verify the identity
of an individual or the accuracy of information submitted by an individual who has requested access
to or amendment or correction of records; (9) information may be released to the news media and the
public in accordance with 28 CFR 50.2 unless it is determined that release would constitute an
unwarranted invasion of personal privacy; (10) a record may be disclosed to the National Archives
and Records Administration and the General Services Administration in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906; (11) in any health care-related civil or
criminal case, investigation, or matter, information indicating patient harm, neglect, or abuse, or
poor or inadequate quality of care, at a health care facility or by a health care provider, may be
disclosed as a routine use to any federal, state, local, tribal, foreign, joint, international or
private entity that is responsible for regulating, licensing, registering, or accrediting any health
care provider or health care facility, or enforcing any health care-related laws or regulations.
Further, information indicating an ongoing quality of care problem by a health care provider or at a
health care facility may be disclosed to the appropriate health plan. Additionally, unless otherwise
prohibited by applicable law, information indicating patient harm, neglect, abuse, or poor or
inadequate quality of care may be disclosed to the affected patient or his or her representative or
guardian at the discretion of and in the manner determined by the agency in possession of the
information; (12) pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may
disclose relevant and necessary information 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; (13) information
relating to health care fraud may be disclosed to private health plans, or associations of private
health plans, and health insurers, or associations of health insurers, for the following purposes:
To promote the coordination of efforts to prevent, detect, investigate, and prosecute health care
fraud; to assist efforts by victims of health care fraud to obtain restitution; to enable private
health plans to participate in local, regional, and national health care fraud task force
activities; and to assist tribunals having jurisdiction over claims against private health plans;
(14) for all claims made by individuals covered by the Energy Employees Occupational Injury
Compensation Program Act, Pub. L. 106-398, 114 Stat. 1654, Title XXXVI (2000), 42 U.S.C. 7384
et seq., the Civil Division may disclose to the Department of Labor all information contained in its
Radiation Exposure Compensation Act, (42 U.S.C. 2210 note) files pertinent to those claims; (15) to
contractors, experts, consultants employed by the Civil Division when necessary to accomplish an
agency function related to this system of records.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Manual records are stored in file cabinets and on index cards. Automated records are stored
on magnetic disks. Classified information is stored in locked safes.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Manual records are retrieved by file number. This number can be obtained from index cards
arranged alphabetically by subject name for records received prior to FY 78 and from logical queries
to the computer-based data for FY 78 and subsequent years.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Classified information is maintained in locked safes. Access to all information is limited
to Department of Justice personnel who have need for the records to perform their duties. Automated
records are safeguarded and protected in accordance with Department rules and procedures governing
the handling of computerized information.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>When a case file is closed by the responsible attorney, it is sent to the Federal Records
Center for retention in accordance with the authorized Record Disposal Schedule for the
classification of the case. Such schedules are approved by the National Archives.
</p><p>After the designated period has passed, the file is destroyed. However, the index and docket
cards are not purged. Automated records constitute a cumulative resource file for which there are no
plans to delete records.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Attorney General; Civil Division: U.S. Department of Justice; 10th and
Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to: Assistant Attorney General; Civil Division; U.S. Department of
Justice; 10th and Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Portions of this system are exempt from disclosure and contest by 5 U.S.C. 552a(j)(2), (k)
(1) and (k)(2). Submit in writing all requests for access to those portions not so exempted to the
system manager identified above. Clearly mark the envelope and letter "FOI/PA Request"  and provide
a return address. The subject of the record should also provide his/her full name and notarized
signature, data and place of birth, case caption, or other information which may assist in locating
the records sought.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the Assistant Attorney General, Department of Justice, 10th and Constitution
Avenue, NW, Washington, DC 20530. The request should clearly state what information is being
contested, the reasons for contesting it, and the proposed amendment to the information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information may be obtained from all individuals referred to in all cases or matters under
consideration of the Civil Division. Timekeeping information is obtained from all Civil Division
attorneys, paralegals, and other employees directly involved in such litigation or matters.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted certain categories of records in this system form
subsections (c)(3) and (4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G) and (H), (e)(5), (e)(8), and (g)
of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2), (k)(1) and (k)(2). That is, these exemptions
apply only to the extent that the file contains information which has been properly classified
pursuant to an Executive Order, or to the extent that it contains investigatory and other law
enforcement materials. Rules have been promulgated in accordance with the requirements of 5 U.S.C.
552(b), (c) and (e) and have been published in the <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="civ2" toc="yes">
<systemNumber>/CIV-002</systemNumber>
<subsection type="systemName">  Civil Division Case File System: Customs Litigation.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>  26 Federal Plaza, New York, New York 10007, and U.S. Department of
Justice Data Services Center, 10th and Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>  Any and all parties and counsel
involved in the cases handled by the Field Office, Customs Litigation, Commercial Litigation Branch
of the Civil Division will have identifying data contained in this system.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>  1. The main record of the system is the case file
which is retained on each case under the jurisdiction of the Field Office, Customs Litigation,
Commercial Litigation Branch of the Civil Division and constitutes the official record of the
Department of Justice thereon. All record material relating to a case is retained in the file. Each
file is assigned the Customs Court number given to the summons filed in that court or, in cases
filed prior to October 1, 1970, to reappraisement appeals or to protests filed with the Customs
Court.
</p><p>The number assigned to the file will change to the number assigned by the Court of Customs and
Patent Appeals, if that case becomes the subject of an appeal before that court. In addition, the
Custom Section retains a log of communications received and communications sent. The correspondence
is identified thereon by court (case) number, identification of the kind of communication, and the
person receiving it.
</p><p>2. The case file and communication logs are physically retained at the offices of the Field
Office, Customs Litigation, Commercial Litigation Branch 26 Federal Plaza, New York, New York 10007.
From these records, the Field Office, Customs Litigation, Commercial Litigation Branch inputs
certain information for conversion into a data processing system which is maintained at the
Department of Justice Data Services Center, 10th and Constitution Avenue, NW, Washington, DC 20530.
Included in the information contained in the data processing system is the identity of the parties
and their counsel, as well as the merchandise involved, the port of entry and the competing
statutory provisions.
</p><p>3. Alphabetical and numerical indices are maintained as a means of access to the proper file
number by the cross-referencing of the names of non-government parties to suit with the appropriate
file (court) numbers. These indices are made of index cards and maintained in the Chief Clerk’s
office in the Field Office, Customs Litigation, Commercial Litigation Branch.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>  The Field Office, Customs Litigation,
Commercial Litigation Branch case files are maintained under the authority of 28 U.S.C. 2601(b) and
2632(e) and established in accordance with 28 CFR 0.45(c) which gives the Civil Division
responsibility for `all litigation incident to the reappraisement and classification of imported
goods, including the defense of all suits in the Court of Customs and Patent Appeals’, and with 28
CFR 0.48 which designates the Attorney-in-Charge, Field Office, Customs Litigation `to accept
service of notices of appeals to the Court of Customs and Patent Appeals and all pleadings and other
papers filed in the Customs Court, when the United States is an adverse Party in any customs
litigation’.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>  Any record pertaining to any case or matter in the Civil Division may be
disseminated to any other component of the Department of Justice, including the Federal Bureau of
Investigation and the United States Attorney offices, for use in connection with the consideration
of that case or matter or any other case or matter under consideration by the Civil Division or any
other component of the Department of Justice.
</p><p>Certain information contained in the record may also be disseminated to the U.S. Customs Service,
the Department of the Treasury, the International Trade Commission, the Department of State, or any
other agency of the Government whose decision is being challenged in a case assigned to the Field
Office, Customs Litigation, Commercial Litigation Branch for disposition. A record maintained in
this system of records may be disseminated as a routine use of such record as follows: (1) In any
case in which there is an indication of a violation or potential violation of law, whether civil,
criminal or regulatory in nature, the record in question may be disseminated to the appropriate
Federal, state, local or foreign agency charged with the responsibility for investigating or
prosecuting such violation or charged with enforcing or implementing such law; (2) in the course of
investigating the potential or actual violation of any law, whether civil, criminal or regulatory in
nature, or during the course of a trial or hearing, or the preparation for a trial or hearing for
such violation, a record may be disseminated to a Federal, state, local or foreign agency, or to an
individual or organization, if there is reason to believe that such agency, individual or
organization possesses information relating to the investigation, trial or hearing and the
dissemination is reasonably necessary to elicit such information or to obtain the cooperation of a
witness or an informant; (3) a record relating to a case or matter may be disseminated in an
appropriate Federal, state, local or foreign court or grand jury proceeding in accordance with
established constitutional, substantive, or procedural law or practice; (4) a record relating-to a
case or matter may be disseminated to a Federal, state, or local administrative or regulatory
proceeding or hearing in accordance with the procedures governing such proceeding or hearing; (5) a
record relating to a case or matter may be disseminated to an actual or potential party or his
attorney for the purpose of negotiation or discussion of such matters as settlement of the case or
matter, plea bargaining, or formal or informal discovery proceedings; (6) a record relating to a
case or matter that has been referred by an agency for investigation, prosecution, or enforcement;
or that involves a case or matter within the jurisdiction of an agency, or where the agency or
officials thereof are a party to litigation or where the agency or officials may be affected by a
case or matter, may be disseminated to such agency to notify the agency of the status of the case or
matter or of any decision or determination that has been made, or to make such other inquiries and
reports as are necessary during the processing of the case or matter; (7) a record relating to a
person held in custody pending or during arraignment, trial, sentence or extradition proceedings, or
after conviction or after extradition proceedings, may be disseminated to a Federal, state, local or
foreign prison, probation, parole, or pardon authority, or to any other agency or individual
concerned with the maintenance, transportation, or release of such a person; (8) a record relating
to a case or matter may be disseminated to a foreign country pursuant to an international treaty or
convention entered into and ratified by the United States or to an executive agreement; (9) a record
may be disseminated to a Federal, state, local, foreign, or international law enforcement agency to
assist in the general crime prevention and detection efforts of the recipient agency or to provide
investigative leads to such agency; (10) a record may be disseminated to a Federal agency, in
response to its request, in connection with the hiring or retention of an employee, the issuance of
a security clearance, the reporting of an investigation of an employee, the letting of a contract,
or the issuance of a license, grant or other benefit by the requesting agency, to the extent that
the information relates to the requesting agency’s decision on the matter, (11) a record may be
disseminated to the public, news media, trade associations, or organized groups, when the purpose of
the dissemination is educational or informational, provided that the record does not contain any
information identifiable to a specific individual other than is necessary to identify the matter or
where the information has previously been filed in a judicial or administrative office, including
the clerk of the court; (12) a record may be disseminated to a foreign country, through the United
States Department of State or directly to the representative of such country, to the extent
necessary to assist such country in civil or criminal proceedings in which the United States or one
of its officers or agencies has an interest; (13) a record that contains classified national
security information and material may be disseminated to persons who are engaged in historical
research projects, or who have previously occupied policy making positions to which they were
appointed by the President, in accordance with the provisions 28 CFR 17.60; (14) copies of the
summons (protest and reappraisement appeals, where appropriate) and the communication logs are made
available to employees of the private contractor who services the data processing system in New York
for the purpose of enabling such employees to extract all pertinent information from said documents
so that such information may be encoded and converted to punch card form.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice 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><p>Release of information to Members of Congress: Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration: A record from a
system of records may be disclosed as a routine use to the National Archives and Records
Administration (NARA) in records management inspections conducted under the authority of 44 U.S.C.
2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p><p> (1) The case files utilize standard file jackets or envelopes and are
maintained in standard file cabinets; (2) The alphabetical index cards are maintained in standard
file cabinets; (3) The communication logs are maintained in looseleaf binders and, when not being
currently referred to, are also maintained in standard file cabinets; (4) The information in the
data processing system is maintained on tapes stored in the Data Services Center.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>  (1) The case files must be retrieved by number. The file number may be
ascertained from the alphabetical index when the name of any non-government litigant is known. (2)
The informatin contained in the data processing system may be retrieved through the retrieval tool
activated by an attorney making a request for a report to the computer technician who codes the
request on a form in the format of the retrieval language. The action words of the retrieval reports
are: List-lists the case numbers of the cases which satisfy certain criteria such as plaintiff’s
name, counsel’s name, court, number, merchandise, competing statutory provisions, Government
counsel. Write--output and the full history for any case specified by case number. Write*
--a limited case history for any case specified by case number. Count-tallying the number of
cases in the data base contained in the request.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>  (1) Information contained in the system is unclassified. However, only
attorneys in the Civil Division who have responsibility for the case may properly obtain a case
file. Correspondence and telephone calls about particular cases are referred to the attorney having
responsibility for the case. In the attorney’s absence, another attorney covering for the absent
attorney or the Attorney-in-Charge, Field Office, Customs Litigation may respond to the telephone
call or correspondence. The index files and the communication logs are utilized only by the
personnel of the Field Office, Customs Litigation, Commercial Litigation Branch in locating or
verifying information contained in the system. (2) Information from the data processing system may
be obtained only by attorneys on the basis of requests made in writing on a proper form supplied by
the Field Office, Customs Litigation, Commercial Litigation Branch. The request is made of the
computer technician. Normally these requests are mailed to the technician in charge at the Data
Services Center, but occasionally the request may be related telephonically by the computer
technician.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>  (1) Closed case files are sent to the Federal Records Center
for retention in accordance with the authorized Records Disposal Schedule for the classification of
the case. Such schedules are approved by the National Archives. After the designated period is
passed, the file is destroyed. The communication logs are sent to the Federal Records Center for
retention in accordance with the authorized records disposal schedule after five years. After the
designated period those records are also destroyed. The index cards, however, are not purged. (2)
Periodically, the inactive cases will be purged from the main tape in the data processing system and
transferred to the historical tape where the information will be retained indefinitely. There is a
provision in the data processing system to delete and remove an entire case history from the main or
historical tape. This may be done on request from the Attorney-in-Charge, Field Office, Customs
Litigation and such removed cases will not be saved or written on any other tape.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p> Assistant Attorney General, Civil Division, U.S.
Department of Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p> Address inquiries to Assistant Attorney General, Civil Division,
U.S. Department of Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p> A request for information concerning the cases of the Field
Office, Customs Litigation, Commercial Litigation Branch of the Civil Division should be submitted
in writing, with the envelope and letter clearly marked "Privacy Access Request" . The request
should include the file number and/or the names of any non-government litigant known to the
requestor. The requestor should also provide a return address for transmitting the information. Such
access request should be submitted to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p> Individuals desiring to contest or amend information
maintained in the system should direct their request to the Assistant Attorney General, Department
of Justice, 10th and Constitution Avenue, NW, Washington, DC 20530. The request should clearly state
what information is being contested, the reasons for contesting it, and the proposed amendment to
the information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p> All litigants involved in the cases of this Division are
sources of information. Such information is either contained in the record material in the case
files or has been extracted from that record material and put on communication logs and/or index
cards.
</p></xhtmlContent></subsection></section>
<section id="civ3" toc="yes">
<systemNumber>/CIV-003</systemNumber>
<subsection type="systemName"> Office of Alien Property File System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p> 550 11th Street, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p> Any and all parties involved in the
cases, claims and matters handled by the Office of Alien Property may have identifying data
contained in this system.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>1. This system consists of indices and files relative to enemy-owned property, reporting
sources, ownership, vesting, and claims for the return thereof. Each vesting order is assigned a
general file number, and each claim has a separate file number. Separate account files are
maintained on vested property for each alien account.
</p><p>2. Alphabetical and numerical indices are utilized as a means of access to the proper general
file by the cross-referencing of the names of all individual former property owners and claimants
with the general files.
</p><p>3. Records of litigation involving the Office of Alien Property are contained in this system.
There are also alphabetical and numerical indices to facilitate access to these cases.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p> The Office of Alien Property files are
maintained under the authority of 44 U.S.C. 3101 and 50 U.S.C. App. 40, Title II of the
International Claims Settlement Act, and was established in accordance with 28 CFR 0.47 which states
in part `The Office of Alien Property shall be a part of the Civil Division ...` and thereafter
describes the authority, rights, privileges, powers, duties and functions of that office.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p> Any record pertaining to any case or matter in the Civil Division may be
disseminated to any other component of the Department of Justice, including the Federal Bureau of
Investigation and the United States Attorney offices, for use in connection with the consideration
of that case or matter or any other case or matter under consideration by the Civil Division or any
other component of the Department of Justice.
</p><p>Certain information contained in the record may also be disseminated to the U.S. Customs Service,
the Department of the Treasury, the International Trade Commission, the Department of State, or any
other agency of the Government whose decision is being challenged in a case assigned to the Customs
Section for disposition. A record maintained in this system of records may be disseminated as a
routine use of such record as follows: (1) In any case in which there is an indication of a
violation or potential violation of law, whether civil, criminal or regulatory in nature, the record
in question may be disseminated to the appropriate Federal, state, local or foreign agency charged
with the responsibility for investigating or prosecuting such violation or charged with enforcing or
implementing such law; (2) in the course of investigating the potential or actual violation of any
law, whether civil, criminal or regulatory in nature, or during the course of a trial or hearing, or
the preparation for a trial or hearing for such violation, a record may be disseminated to a
Federal, state, local or foreign agency, or to an individual or organization, if there is reason to
believe that such agency, individual or organization possesses information relating to the
investigation, trial or hearing and the dissemination is reasonably necessary to elicit such
information or to obtain the cooperation of a witness or an informant; (3) a record relating to a
case or matter may be disseminated in an appropriate Federal, state, local or foreign court or grand
jury proceeding in accordance with established constitutional, substantive, or procedural law or
practice; (4) a record relating to a case or matter may be disseminated to a federal, state, or
local administrative or regulatory proceeding or hearing in accordance with the procedures governing
such proceeding or hearing; (5) a record relating to a case or matter may be disseminated to an
actual or potential party or his attorney for the purpose of negotiation or discussion of such
matters as settlement of the case or matter, plea bargaining, or formal or informal discovery
proceedings; (6) a record relating to a case or matter that has been referred by an agency for
investigation, prosecution, or enforcement, or that involves a case or matter within the
jurisdiction of an agency, or where the agency or officials thereof are a party to litigation or
where the agency or officials may be affected by a case or matter, may be disseminated to such
agency to notify the agency of the status of the case or matter or of any decision or determination
that has been made, or to make such other inquiries and reports as are necessary during the
processing of the case or matter; (7) a record relating to a person held in custody pending or
during arraignment, trial, sentence or extradition proceedings, or after conviction or after
extradition proceedings, may be disseminated to a Federal, state, local or foreign prison,
probation, parole, or pardon authority, or to any other agency or individual concerned with the
maintenance, transportation, or release of such a person; (8) a record relating to a case or matter
may be disseminated to a foreign country pursuant to an international treaty or convention entered
into and ratified by the United States or to an executive agreement; (9) a record may be
disseminated to a Federal, state, local, foreign, or international law enforcement agency to assist
in the general crime prevention and detection efforts of the recipient agency or to provide
investigative leads to such agency; (10) a record may be disseminated to a Federal agency, in
response to its request, in connection with the hiring or retention of an employee, the issuance of
a security clearance, the reporting of an investigation of an employee, the letting of a contract,
or the issuance of a license, grant or other benefit by the requesting agency, to the extent that
the information relates to the requesting agency’s decision on the matter; (11) a record may be
disseminated to the public, news media, trade associations, or organized groups, when the purpose of
the dissemination is educational or informational, provided that the record does not contain any
information identifiable to a specific individual other than is necessary to identify the matter or
where the information has previously been filed in a judicial or administrative office, including
the clerk of the court; (12) a record may be disseminated to a foreign country, through the United
States Department of State or directly to the representative of such country, to the extent
necessary to assist such country in civil or criminal proceedings in which the United States or one
of its officers or agencies has an interest; (13) a record that contains classified national
security information and material may be disseminated to persons who are engaged in historical
research projects, or who have previously occupied policy making positions to which they were
appointed by the President, in accordance with the provisions of 28 CFR 17.60; (14) records are also
available to the public for inspection and distribution as set forth at 8 CFR 503.1, including (a)
Annual Reports of the Office of Alien Property, and (b) final determinations, opinions and orders in
cases heard or reviewed within the Office of Alien Property; (15) records and documents are
available for inspection by persons properly and directly concerned in connection with claims filed
with the Office, records in cases heard or reviewed in the Office, and authorizations for sale and
records of bids in public sales and orders for their acceptance or rejection and notifications
thereof; (16) any record or portion thereof may also be disseminated to the Department of the
Treasury and to the Foreign Claims Settlement Commission as a matter of routine use when such record
relates to matters within the jurisdiction of the Office of Foreign Assets Control, Department of
the Treasury, or claims being processed before the Foreign Claims Settlement Commission; (17) any
record or portion thereof relating to an estate or trust matter under the jurisdiction of the
probate courts of the several states may be disseminated to the parties and their representatives or
to the courts, in proceedings involving the property owned or claimed to have been owned by a
designated national of an enemy country under the provisions of the Trading with the Enemy Act; (18)
any record may be disseminated to the Department of State for any negotiation or other action
relating to the Office of Alien Property or to any subject matter which is, or was at one time,
under the jurisdiction of the Office of Alien Property.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice 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><p>Release of information to Members of Congress: Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p> Release of information to the National Archives and Records Administration: A
record from a system of records may be disclosed as a routine use to the National Archives and
Records Administration (NARA) in records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p><p> Information in the system is stored in standard file jackets, and on index
cards, within standard filing cabinets.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p> The files and index cards must be retrieved by file numbers, which can
be ascertained from alphabetical indices if the name of the non-government party is known, or from
numerical indices relating to the various vesting orders, accounts, claims, or cases.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p> Information in the system is regarded as confidential, pursuant to 8 CFR
503.17. Departmental rules and procedures are in force that insure that only Departmental attorneys
and their authorized agents have access to this information.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p> A file is closed when one of the following occurs:
</p><p>1. The vesting order has been complied with and the property disposed of pursuant to the Trading
with the Enemy Act, and all claims have been processed.
</p><p>2. A case involving the Office of Alien Property has ended by the final termination of the
litigation through a compromise settlement, court decision or any other method of termination for
court cases.
</p><p>The file is then retained in the Federal Records Center for a number of years and thereafter may
be destroyed. Index cards are retained for as long as may be practicable.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p> Assistant Attorney General, Civil Division, U.S.
Department of Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p> Address inquiries to Assistant Attorney General, Civil Division,
U.S. Department of Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p> A request for access to a record within the Office of Alien
Property system involving matters of privacy and which is not otherwise available to the party
requesting the same should be submitted in writing, with the envelope and letter clearly marked
`Privacy Access Request`. The request should include file or account numbers and/or the names of any
known non-government parties. The requestor should also provide a return address for transmitting
the information. Such access requests should be submitted to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p> Individuals desiring to contest or amend information
maintained in the system should direct their request to the System Manager listed above. The request
should clearly state what information is being contested, the reasons for contesting it and the
proposed amendment to the information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p> All claimants to property, as well as former depositories, are
sources of information, also other offices and agencies operating under provisions of the Trading
with the Enemy Act.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p> None.
</p></xhtmlContent></subsection></section>
<section id="civ4" toc="yes">
<systemNumber>/CIV-004</systemNumber>
<subsection type="systemName"> Swine Flu Administrative Claim File System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p> Civil Division, U.S. Department of Justice 521 12th Street NW, No. 804,
Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p> Any and all parties making
administrative claims for damages resulting from the administration of the swine flu vaccine, whose
claims have been referred by the Department of Health, Education, and Welfare for handling by the
Civil Division, will have identifying data contained in this system.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p> (1) The main record of the system is the
administrative claim file which is retained on each claim under the jurisdiction of the Civil
Division and constitutes the official record of the Department of Justice. All record material
relating to a claim is retained in the file. Each claim is assigned a number in sequential order
from the date of the filing. (2) Alphabetical and numerical indices are utilized as a means of
access to the proper file by the cross-referencing of the names of all claimants with the file
number. Index cards are used in these indices. (3) A Docket Card Index is maintained on each claim
in order to follow the progress of all swine flu claims and to obtain statistical data for periodic
and fiscal reports. However, all information contained on the cards has been taken from the record
material contained in the official file.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p> General authority to maintain the system is
contained in 5 U.S.C. 301 and 44 U.S.C. 3101. The particular system was established by authority of
28 CFR 0.77(f) which authority was delegated to the Civil Division pursuant to a memorandum from the
Deputy Attorney General, dated July 17, 1974.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>  Any record pertaining to any swine flu administrative claim in the Civil
Division may be disseminated to any other component of the Department of Justice, including the FBI
and the United States Attorneys’ Offices, for use in connection with the consideration of that claim
or matter or any other claim, case or matter under consideration by the Civil Division or any other
component of the Department of Justice. A record maintained in this system of records may be
disseminated as a routine use of such record as follows: (1) A record relating to a claim or matter
that has been referred by the Department of Health, Education, and Welfare for investigation, or
that involves a claim or matter within the jurisdiction of an agency, or where the agency or
officials thereof are a party to litigation or where the agency or officials may be affected by a
claim or matter may be disseminated to such agency to notify the agency of the status of the claim
or matter or any decision or determination that has been made, or to make such other inquiries and
reports as are necessary during the processing of the claim or matter; (2) a record may be
disseminated to the public, news media, trade associations, or organized groups, when the purpose of
the dissemination is educational or informational, provided that the record does not contain any
information identifiable to a specific individual other than that necessary to identify the matter
and is not an unwarranted invasion of privacy or where the information has previously been filed in
a judicial or administrative office, including the clerk of the court; (3) in any claim in which
there is an indication of a violation or potential violation of law, whether civil, criminal or
regulatory in nature, the record in question may be disseminated to the appropriate federal, state,
local or foreign agency charged with the responsibility for investigating or prosecuting such
violation or charged with enforcing or implementing such law; (4) in the course of investigating the
potential or actual violation of any law, whether civil, criminal or regulatory in nature, or during
the course of a trial or hearing, or the preparation for a trial or hearing for such violation, a
record may be disseminated to a federal, state local or foreign agency, or to an individual or
organization, if there is reason to believe that such agency, individual or organization possesses
information relating to the investigation, trial or hearing and the dissemination is reasonably
necessary to elicit such information or to obtain the cooperation of a witness or an informant; (5)
a record relating to a claim or matter may be disseminated in an appropriate federal, state, local,
or foreign court or grand jury proceeding in accordance with established constitutional,
substantive, or procedural law or practice; (6) a record relating to a claim or matter may be
disseminated to a federal, state, or local administrative or regulatory proceeding or hearing in
accordance with the procedures governing such proceeding or hearing; (7) a record relating to a
claim or matter may be disseminated to an actual or potential party or his attorney for the purpose
of negotiation or discussion of such matters as settlement of the claim or matter, or for formal or
informal discovery proceedings.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice 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><p>Release of information of Members of Congress: Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration: A record from a
system of records may be disclosed as a routine use to the National Archives and Records
Administration (NARA) in records management inspections conducted under the authority of 44 U.S.C.
2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p><p> (1) The claim files utilize standard file jackets and are retained in
standard file cabinets; (2) the alphabetical and numerical index cards, as well as the docket cards,
are retained in standard file cabinets.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p> The files and docket cards must be retrieved by file number. The file
number can be ascertained from the alphabetical index if the name of the administrative claimant is
known.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p> Information contained in the system is unclassified. No personalized
information about a claim or claimant will be given to anyone other than the claimant, his attorney,
or authorized representative. Requests for such information will not be given by telephone unless
the caller can provide sufficient information to identify himself as one authorized to receive
personalized information. Nonpersonal or generalized information will be given to any requester.
Information in the system is regarded as sensitive pursuant to Department rules and procedures.
Department rules and procedures are in force to insure that only Departmental attorneys and their
authorized agents have access to the information.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p> When a claim file is closed by the legal section, it is sent to
the Federal Records Center for retention in accordance with the authorized Record Disposal Schedule
for the classification of the case. Such schedules are approved by the National Archives. After the
designated period has passed, the file is destroyed. However, the index and docket cards are not
purged and are retained for as long as practicable.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Attorney General, Civil Division, U.S.
Department of Justice, 10th and Constitution Avenue NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to Chief, Torts Section, Civil Division, U.S.
Department of Justice, 10th and Constitution Avenue NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for information concerning the swine flu
administrative claims of the Civil Division should be submitted in writing, with the envelope and
letter clearly marked "Privacy Act Request" . The request should include the file number and/or
names of any claimants known to the requester. The requester should also provide a return address
for transmitting the information. Such access requests should be submitted to the System Manager
listed above. Requests may also be made by telephone. In such cases the caller will be referred to
the attorney of record. The attorney, in turn, may require an official written request.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p> Individuals desiring to contest or amend information
maintained in the system should direct their request to the System Manager listed above. The request
should clearly state what information is being contested, the reasons for contesting it, and the
proposed amendment to the information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p> All swine flu claimants are sources of information. Such
information is either contained in the record material in the case files or has been extracted from
that record material and put onto docket and index cards.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p> None.
</p></xhtmlContent></subsection></section>
<section id="civ5" toc="yes">
<systemNumber>/CIV-005</systemNumber>
<subsection type="systemName">Annuity Brokers List System.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Civil Division, U.S. Department of Justice, 950 Pennsylvania Avenue, NW., Washington, DC
20530; Department of Justice--Records Management Unit, 2711 Prosperity Avenue, Fairfax, VA
22031; and Federal Records Center, Suitland, MD 20409.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals who are seeking to be included in the list of annuity brokers mandated by
section 11015 of the "21st Century Department of Justice Appropriations Authorization Act."
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records in this system include: declarations filed by annuity brokers and associated
correspondence.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Pub. L. 107-273, 21st Century Department of Justice Appropriations Authorization Act,
sec. 11015(a).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>These records are collected and maintained for the purpose of establishing a list of annuity
brokers who meet minimum qualifications for providing annuity brokerage services in connection with
structured settlements entered by the United States.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>None.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Paper records are maintained in filing cabinets. Automated data, including records that have
been transformed into electronic form, are stored on computer discs or magnetic tapes, which are
also stored in cabinets.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Files and automated data are retrieved by name of an individual.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Files and automated data are maintained under supervision of Civil Division personnel or
their contractors. During working hours--only authorized personnel, with the appropriate
authority may handle, retrieve, or disclose any information contained therein. Access to electronic
records is controlled by password or other user identification code.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>A request for authority to maintain and dispose of annuity broker list records has been
submitted to the National Archives and Records Administration and is pending. In the interim, all
records received will be retained and no records will be destroyed.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Office of the Assistant Attorney General, Civil Division, 950 Pennsylvania Avenue, NW.,
Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to: Office of the Assistant Attorney General, Civil Division, 950
Pennsylvania Avenue, NW., Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking access to information about their records may write to the Office of the
Assistant Attorney General, Civil Division, 950 Pennsylvania Avenue, NW., Washington, DC 20530. The
request should state what records are sought and must include the requester’s full name and current
address. The request must be signed before a notary or signed, dated and submitted under penalty of
perjury.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the Office of the Assistant Attorney General, Civil Division, 950 Pennsylvania
Avenue, NW., Washington, DC 20530. The request should clearly and concisely state what information
is being contested, the reason(s) for contesting it, and the proposed amendment to the record.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Individuals submitting information who are seeking to be included in the Department of
Justice list of annuity brokers.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="civ6" toc="yes">
<systemNumber>/CIV-006</systemNumber>
<subsection type="systemName"> Consumer Inquiry/Investigatory System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Civil Division, U.S. Department of Justice, 666 11th Street NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals with complaints or inquiries on consumer matters.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The records consist of complaints and inquiries from private individuals, any replies
thereto and other correspondence and internal memoranda related to the investigation of such
inquiries for violations of criminal or civil Federal law.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>U.S.C. 3101; 5 U.S.C. 301.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>These records are maintained for the purpose of responding to consumer complaints or
inquiries and to further or initiate investigations for law enforcement purposes.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>(1) A complaint/inquiry, or any information developed in response thereto may be disclosed
to other Federal, State or local agencies for law enforcement purposes, to ensure complete action on
the matter, or to better assess consumer-related problems and programs.
</p><p>(2) A complaint/inquiry or any information derived therefrom may be disclosed to a private firm
that is the subject of a complaint/inquiry to resolve the issues raised in the complaint/inquiry or
to fulfill the Department’s law enforcement responsibilities.
</p><p>(3) To facilitate processing Freedom of Information and Privacy Act requests for these records, a
record may be disclosed to another Federal agency to (a) permit a decision as to access, amendment
or correction of records to be made in consultation with or by that agency or (b) verify the
identity of an individual or the accuracy of information submitted by an individual who has
requested access to, or amendment or correction of records.
</p><p>(4) A record or information derived therefrom may be released to the news media and the public
pursuant to 28 CFR 50.2 unless it is determined that release would constitute an unwarranted
invasion of personal privacy.
</p><p>(5) A record may be disclosed to the National Archives and Records Administration and to the
General Services Administration to conduct records management inspections authorized by 44 U.S.C.
2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>These records are stored in file folders in cabinets.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by name subject matter and date.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information contained in the system is unclassified. During duty hours access to this system
is monitored and controlled by Civil Division personnel in the area where the system is maintained.
The area is locked during non-duty hours.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>In accordance with the General Record Schedule 14, item 6, records are retained for one year
after close of the file or completion of the project, after which the files are destroyed.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Attorney General, Civil Division, U.S. Department of Justice, 10th and
Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to the Assistant Attorney General, Civil Division, Department of Justice,
10th and Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to a record from this system shall be written and clearly identified as
a "Privacy Access Request."  The request should include the name of the party making the inquiry and
the date of the inquiry. The requester should indicate a return address. The request should be
directed to the system manager listed above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should state
clearly and concisely what information is being contested, the reasons for contesting it and the
proposed amendment to the information sought. The request should be directed to the system manager
listed above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of records maintained in the system are the public inquiries, and information
provided by private firms regarding the subject matter of such inquiries.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted certain categories of records in this system from
subsections (c) (3) and (4), (d), (e)(1) and (e)(5) of the Privacy Act pursuant to 5 U.S.C. 552a(j)
(2) and (k) (2). That is, these exemptions apply only to the extent that the file contains records
combined for civil or criminal law enforcement purposes. 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 <i>Federal
Register</i>.
</p></xhtmlContent></subsection></section>
<section id="civ8" toc="yes">
<systemNumber>/CIV-008</systemNumber>
<subsection type="systemName">September 11th Victim Compensation Fund of 2001 File System.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Civil Division, U.S. Department of Justice, 950 Pennsylvania Avenue, NW., Washington, DC
20530; Department of Justice--Records Management Unit, 2711 Prosperity Avenue, Fairfax, VA
22031; and Federal Records Center, Suitland, MD 20409.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals who claim benefits under the September 11th Victim Compensation Fund of 2001
(i.e. individuals claiming to have suffered physical injury or the personal representatives of
individuals who were killed as a result of the terrorist-related aircraft crashes of September 11,
2001).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records in this system include: Claim forms filed by or on behalf of claimants seeking
benefits under the Fund; documents submitted in support of the claims; medical, personal,
employment, financial, and other records obtained or generated to adjudicate the claims.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>September 11th Victim Compensation Fund of 2001 enacted into law as Title IV of Pub. L. 107
-42, 115 Stat. 230 ("Air Transportation Safety and System Stabilization Act" ).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>These records are collected or generated for the purpose of determining qualification of
and/or compensation to claimants under the September 11th Victim Compensation Fund of 2001.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>It is likely that routine uses will be published at a later date with an opportunity for
comment. In the interim, disclosures necessary to process claims will be made only with the written
consent of claimants.
</p><p>Disclosures to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Paper case files are maintained in filing cabinets. Automated data, including case files
that have been transformed into electronic form, are stored on computer discs or magnetic tapes,
which are also stored in cabinets.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Files and automated data are retrieved by name of a claimant or personal representative of a
claimant, the name of the deceased, case file number and/or Social Security Number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Files and automated data are maintained under supervision of Civil Division personnel, the
Special Master, or their contractors. During working hours--only authorized personnel, with the
appropriate password may handle, retrieve, or disclose any information contained therein. Access to
electronic records is controlled by password or other user identification code.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>All claim files and automated data pertaining to a claim are destroyed 10 years after the
date the claim has been fully adjudicated and/or payment made, as approved by the National Archives
and Records Administration. Paper files that have been scanned to create electronic copies may be
destroyed after the copies are verified. Automated data is retained in its most current form only,
however, and as information is updated, outdated information is deleted.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Office of the Assistant Attorney General, Civil Division, 950 Pennsylvania Avenue, NW,
Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to: Office of the Assistant Attorney General, Civil Division, 950
Pennsylvania Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Any individual seeking access to information about a claim in which he/she is a party in
interest may write to the Office of the Assistant Attorney General, Civil Division, 950 Pennsylvania
Avenue, NW, Washington, DC 20530. The request should state what records are sought and must include
the requester’s full name, current address, and claim file number (if known). The request must be
signed before a notary or submitted under penalty of perjury.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the Office of the Assistant Attorney General, Civil Division, 950 Pennsylvania
Avenue, NW, Washington, DC 20530. The request should clearly and concisely state what information is
being contested, the reason(s) for contesting it, and the proposed amendment to the
record.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Individuals or entities having information pertinent to the adjudication of compensation
claims, including but not limited to: Injured individuals; personal representatives of deceased
individuals; eligible claimants; family members; physicians and other medical professionals,
hospitals, and clinics; insurers, employers, and their agents and representatives.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="crt1" toc="yes">
<systemNumber>/CRT-001</systemNumber>
<subsection type="systemName">Central Civil Rights Division Index File and Associated Records, CRT-001.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>United States Department of Justice, Civil Rights Division (CRT), 950 Pennsylvania Avenue,
NW., Washington, DC 20530-0001.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>These persons may include: Subjects of investigations, victims, potential witnesses,
individuals of Japanese ancestry who were eligible, or potentially eligible, for restitution
benefits as a result of their evacuation, relocation, or internment during World War II, and
representatives on behalf of individuals and other correspondents on subjects directed or referred
to CRT or other persons or organizations referred to CRT in potential or actual cases and matters of
concern to CRT, and CRT employees who handle complaints, cases or matters of concern to CRT.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records in this system consist of case files, matters, memoranda, correspondence, studies,
and reports relating to enforcement of civil rights laws and other various duties of the Civil
Rights Division. The delegated legal duties and responsibilities of each section are described in
detail at the Civil Rights Division Web page: http://www.usdoj.gov/crt/crt-home.html. In addition to
the sections, the Civil Rights Division maintains records related to the duties of the former Office
of Redress Administration pertaining to the identification, location and authorization for
restitution payments to eligible individuals of Japanese ancestry who were evacuated, relocated or
interned during World War II. These restitution payments were authorized by section 105 of the Civil
Liberties Act of 1988 (50 U.S.C. App. 1989b). Finally, the names of some individuals, e.g.,
witnesses, may not yet be on the central indices and may be obtained by direct access to the file
jackets. Such file jackets are located within the respective sections of CRT according to the legal
subject matter assigned to each CRT section.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The records in the system of records are kept under the authority of 44 U.S.C. 3101 and in
the ordinary course of fulfilling the responsibility assigned to CRT under the provisions of 28 CFR
0.50, 0.51.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The purposes of this system are to assist all the sections within the Division in
maintaining names of Division employees and their case investigation assignments, names of
defendants or investigation targets, victims, witnesses or potential witnesses, or other persons or
organizations as they relate to potential or actual cases, investigations, and matters of concern to
CRT. Other purposes are to assist employees and officials within the Division to review and make
decisions in the course of investigations and legal proceedings, to assist the Division in preparing
budget requests, to respond to inquiries from outside the Department, and to carry out other
authorized Department functions.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>A record maintained in this system of records may be disseminated as a routine use of such
records as follows:
</p><p>(1) In the event that a record in this system, either alone or in conjunction with other
information, indicates a violation or potential violation of law--criminal, civil, or
regulatory in nature--the relevant records may be referred to the appropriate Federal, State,
local, foreign, or Tribal law enforcement authority or other appropriate agency charged with the
responsibility for investigating or prosecuting such violation or charged with enforcing or
implementing such law;
</p><p>(2) In the course of the administration by CRT of a federally mandated program, or the
investigation or litigation of a case or matter, a record may be disseminated to a Federal, State or
local agency, or to an individual or organization, if there is reason to believe that such agency,
individual or organization possesses information or has the expertise in an official or technical
capacity to assist in the administration of such program or to analyze information relating to the
investigation, trial or hearing and the dissemination is reasonably necessary to elicit such
assistance, information or expert analysis, or to obtain the cooperation of a prospective witness or
informant;
</p><p>(3) A record relating to a case or matter, or any facts derived therefrom, may be disseminated in
a proceeding before a court, grand jury, administrative or regulatory proceeding or any other
adjudicative body before which CRT is authorized to appear, when the United States, or any agency or
subdivision thereof, is a party to litigation or has an interest in litigation and such records are
determined by CRT to be arguably relevant to the litigation;
</p><p>(4) A record relating to a case or matter may be disseminated to an actual or potential party to
litigation or the party’s attorney (a) for the purpose of negotiation or discussion on such matters
as settlement of the case or matter, plea bargaining or (b) in informal discovery proceedings;
</p><p>(5) A record relating to a case or matter that has been referred for investigation may be
disseminated to the referring agency to notify such agency of the status of the case or matter or of
any determination that has been made;
</p><p>(6) A record relating to a person held in custody or probation during a criminal proceeding or
after conviction may be disseminated to any agency or individual having responsibility for the
maintenance, supervision or release of such person;
</p><p>(7) A record may be disseminated to the United States Commission on Civil Rights in response to
its request and pursuant to 42 U.S.C. 1975d;
</p><p>(8) 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;
</p><p>(9) A record may be disseminated to mediators, negotiators or other persons engaged in efforts to
resolve or settle cases or matters pending in the Division as is necessary to enable them to perform
their assigned duties;
</p><p>(10) A record may be disseminated to complainants and victims to the extent necessary to provide
such persons with information and explanations concerning the progress or results of the
investigation or case arising from the matters of which the complainants or victims complained or of
which they were a victim;
</p><p>(11) Information relating to health care fraud may be disclosed to private health plans, or
associations of private health plans, health insurers, or associations of health insurers, to
promote the coordination of efforts to prevent, detect, investigate, and prosecute health care
fraud; to assist efforts by victims of health care fraud to obtain restitution; to enable private
health plans to participate in local, regional, and national health care fraud task force
activities; and to assist tribunals, which have jurisdiction over claims against private health
plans for allegedly improper disclosures to the Department of Justice of information concerning
suspected health care fraud, in determining whether the private health plan qualifies for statutory
immunity from civil liability as provided by Section 201 of the Health Insurance Portability and
Accountability Act of 1998, codified at 42 U.S.C. 1320a-7c(a)(3)(B)(iii);
</p><p>(12) Information permitted to be released to the news media and the public pursuant to 28 CFR
50.2 may be made available 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><p>(13) Information may be disclosed as is necessary to respond to inquiries by Members of Congress
on behalf of individual constituents who are subjects of CRT records;
</p><p>(14) A record may be disclosed as a routine use to the National Archives and Records
Administration (NARA) and to the General Services Administration (GSA) in records management
inspections conducted under the authority of 44 U.S.C. 2904 and 2906;
</p><p>(15) 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.
</p><p>(16) To the local community or public when the incident investigated has become a matter of
public knowledge, the investigation is closed, and the Assistant Attorney General, Civil Rights
Division, personally determines that, because there is a reasonable potential for civil unrest or a
severe loss of confidence by the public in the investigative process, the disclosure of information
explaining the Department’s decision to close a criminal matter is appropriate.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information in this system is stored on index cards, in file jackets, and on computer disks
or tapes.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by the names of individuals or by case numbers assigned to certain
cases being investigated by the Department.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information in manual and computer form is safeguarded and protected in accordance with
applicable Department security regulations for systems of records. Only a limited number of staff
members who are assigned a specific identification code will be able to use the computer to access
the stored information. However, a section may decide to allow its employees access to the system in
order to perform their official duties.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained on the system while current and required for official Government use.
When no longer needed on an active basis, the paper files are transferred to the Federal Records
Center, Suitland, Maryland and some records are transferred to computer tape and stored in
accordance with Department security regulations for systems of records. Final disposition is in
accordance with records retention schedules approved by NARA.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Executive Officer, Administrative Management Section, Civil Rights Division, United States
Department of Justice, 950 Pennsylvania Avenue, NW., Washington, DC 20530-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Part of this system is exempted from this requirement under 5 U.S.C. 552a(j)(2) and (k)(2).
Address inquiries to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Part of this system is exempted from this requirement under 5 U.S.C. 552a(j)(2) and (k)(2).
To the extent that this system of records is not subject to exemption, it is subject to access and
contest. A determination as to exemption shall be made at the time a request for access is received.
A request for access to a record retrievable in this system shall be made in writing, with the
envelope and letter clearly marked "Privacy Access Request."  Include in the request the full name
of the individual, his or her current address, date and place of birth, notarized signature or dated
signature submitted under penalty of perjury (28 CFR 16.41(d)), the subject of the case or matter as
described under "Categories of records in the system,"  and any other information which is known and
may be of assistance in locating the record, such as the name of the civil rights related case or
matter involved, where and when it occurred and the name of the judicial district involved. The
requester will also provide a return address for transmitting the information. Access requests
should be directed to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend non-exempt information retrievable in the system
should direct their request to the System Manager listed above, stating clearly and concisely what
information is being contested, the reasons for contesting it, and the proposed amendment to the
information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system may be an agency or person who has or offers
information related to the law enforcement responsibilities and/or other statutorily-mandated duties
of CRT.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>The Attorney General has exempted parts of this system from subsections (c)(3) and (4); (d)
(1), (2), (3), and (4); (e)(1), (2), (3), (5), and (8); and (g) of the Privacy Act pursuant to 5
U.S.C. 552a (j)(2), (k)(1) and (k)(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 <i>Federal
Register</i>. These exemptions apply only to the extent that information in a record pertaining to a
particular individual relates to an official federal investigation and/or law enforcement matter.
Those files indexed under an individual’s name which concern only the administrative management of
restitution payments under section 105 of the Civil Liberties Act of 1988 are not being exempted
pursuant to 5 U.S.C. 552a(j)(2) and (k)(2).
</p></xhtmlContent></subsection></section>
<section id="crt2" toc="yes">
<systemNumber>/CRT-002</systemNumber>
<subsection type="systemName">U.S. Department of Justice, Civil Rights Division (CRT), 10th and Constitution Avenue, NW,
Washington, DC 20530.
</subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Persons who have applied for a position as an attorney with CRT.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system may contain SF 171 forms, resumes, referral letters, letters of recommendation,
writing samples, interview notes, internal notes or memoranda, and other correspondence and
documents.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The records in this system of records are kept under the authority of 44 U.S.C. 3101 and in
the ordinary course of fulfilling the responsibilities assigned to CRT under 28 CFR 0.50, 0.51.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The records in this system are used by employees and officials of the Department in making
employment decisions. If an individual is hired, the records may become part of his or her Official
Personnel Folder.
</p><p>A record relating to this system, or any facts derived therefrom, may be disseminated in a
proceeding before a court, grand jury, administrative or regulatory proceeding or any other
adjudicative body before which the Civil Rights Division is authorized to appear, when the United
States, or any agency or subdivision thereof, is a party to litigation or has an interest in
litigation and such records are determined by the Civil Rights Division to be arguably relevant to
the litigation. A record relating to this system may be disseminated to an actual or potential party
to litigation or the party’s attorney for the purpose of negotiation or discussion on such matters
as settlement of the case or matter, plea bargaining or in formal or informal discovery proceedings.
</p><p>Release of information to the news media: Information permitted to be released in the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems or records maintained by
the Department of Justice 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><p>Release of information of Members of Congress. Information in the system may be disclosed as is
necessary to respond to inquiries by Members of Congress on behalf of individual constituents that
are subjects of CRT records.
</p><p>Release of information to the National Archives and Records Administration: A record from a
system of records may be disclosed as a routine use to the National Archives and Records
Administration (NARA) in records management inspections conducted under the authority of 44 U.S.C.
2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records in the system are primarily original papers or reproductions or copies thereof. The
system consists of files pertaining to individual applicants.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by using an applicant’s name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information in the system is unclassified. It is safeguarded and protected in accordance
with Departmental rules and procedures governing access, production and disclosure of any materials
contained in its official files.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Information is retained in the system until a final employment decision is made or until
such time as CRT is notified by the applicant that he or she is no longer interested in or available
for the position. If an individual is hired, some or all of the records may become part of his or
her Official Personnel Folder.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Deputy Assistant Attorney General, Civil Rights Division, U.S. Department of Justice,
Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to the Assistant Attorney General, Civil Rights Division, U.S. Department
of Justice, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to a record from this system shall be made in writing with the envelope
and the letter clearly marked `Privacy Access Request.’ The request should include the name of the
applicant and the position applied for. The requester will also provide a return address for
transmitting the information. Access requests will be directed to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the System Manager listed above, stating clearly concisely what information is
being contested, the reasons for contesting it, and the proposed amendment to the information
sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in the system generally are the applicants, persons
referring or recommending the applicant, and employees and officials of the Department.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="crt3" toc="yes">
<systemNumber>/CRT-003</systemNumber>
<subsection type="systemName">Civil Rights Interactive Case Management System (ICM).
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>United States Department of Justice, Civil Rights Division (CRT), 950 Constitution Ave., NW,
Washington, DC 20530-0001.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>These persons may include: Complainants, victims, defendants, parties, experts, mediators,
Assistant U.S. Attorneys, judges, and individuals or representatives on behalf of individuals in
potential or actual cases and matters of concern under jurisdiction of the Civil Rights Division;
and CRT employees, including attorneys, paralegals, and professional staff, who handle complaints,
cases or matters of concern to CRT.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>(1) Records in this system pertain to a broad variety of cases and matters under the
jurisdiction of the CRT relating to disability rights, education, employment, housing, special
litigation, voting, criminal, enforcement, and other civil rights laws or matters;
</p><p>(2) Summary information of these cases or matters is maintained in the system including such
information as names of principal parties or subjects, proper case name, case numbers, judicial
district, assignments, alleged violation, section of CRT responsible for the matter, and case
status, ranging from the preliminary development stage, through investigation, litigation,
compliance, appeal, conviction or closure; and
</p><p>(3) The ICM also has a time reporting system that allows the CRT to capture, analyze and report
the professional time attorneys, paralegals and other employees of the Division spend on
investigation and case related tasks.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The ICM is designed to track, count and measure all investigations and cases throughout
their life cycle. The CRT uses reports generated from this system to provide a profile for each
section’s activities and to furnish management with a global perspective to the CRT workload. The
ICM also has a time reporting system that allows the CRT to capture, analyze and report the level of
effort attorneys, paralegals, and professional staff spend on investigation and case related tasks.
One purpose of this system is to assist employees and officials of the Department to keep track of
resources and professional time devoted to individual assignments to matters and broad categories of
cases. Another purpose is to assist the CRT in preparing budget requests and other reports which may
be submitted to the Attorney General or to Congress.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The records in this system are kept under the authority of 44 U.S.C. 3101 and in the
ordinary course of fulfilling the responsibilities assigned to CRT under 28 CFR 0.50, 0.51.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>A record maintained in this system of records may be disseminated as a routine use of such
records as follows:
</p><p>(1) A record relating to this system, or any facts derived therefrom, may be disseminated in a
proceeding before a court, grand jury, administrative or regulatory proceeding or any other
adjudicative body before which CRT is authorized to appear, when the United States, or any agency or
subdivision thereof, is a party to litigation or has an interest in litigation and such records are
determined by CRT to be arguably relevant to the litigation;
</p><p>(2) In the event that a record in this system, either alone or in conjunction with other
information, indicates a violation or potential violation of law--criminal, civil, or
regulatory in nature--the relevant records may be referred to the appropriate Federal, State,
local, foreign, or Tribal law enforcement authority or other appropriate agency charged with the
responsibility for investigating or prosecuting such violation or charged with enforcing or
implementing such law;
</p><p>(3) A record relating to this system may be disseminated to an actual or potential party to
litigation or the party’s attorney or authorized representative for the purpose of negotiation or
discussion on such matters as settlement of the case or matter, plea bargaining, or in informal
discovery proceedings;
</p><p>(4) A record may be disseminated 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;
</p><p>(5) A record may be disseminated to complainants and victims to the extent necessary to provide
such persons with information and explanations concerning the progress or results of the
investigation or case arising from the matters of which the complainants or victims complained or of
which they were a victim;
</p><p>(6) A record may be disseminated 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.
</p><p>(7) Information permitted to be released to the news media and the public pursuant to 28 CFR 50.2
may be made available 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><p>(8) Information in the system may be disclosed as is necessary to respond to inquiries by Members
of Congress on behalf of individual constituents who are subjects of CRT records; and
</p><p>(9) A record from the system or records may be disclosed to National Archives and Records
Administration (NARA) and General Services Administration (GSA) for records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained electronically in the ICM computerized information system.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by name or other identifier assigned to an individual.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information contained in the system is unclassified. It is safeguarded and protected in
accordance with Departmental security regulations for systems or records. Access to the records is
limited to those employees whose official duties require such access in order to perform their
duties.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained in the system while current and required for official Government use.
When no longer needed on an active basis, the records are stored in accordance with Departmental
security regulations for systems of records. The disposition schedule is pending approval at NARA.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Executive Officer, Administrative Management Section, Civil Rights Division, United States
Department of Justice, 950 Pennsylvania Ave., NW., Washington, DC 20530-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to the system manager listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to a record retrievable in this system shall be made in writing, with
the envelope and letter clearly marked "Privacy Access Request."  Include in the request the full
name of the individual involved, his or her current address, date and place of birth, and notarized
signature or dated signature submitted under penalty of perjury (28 CFR 16.41(d)), and any other
information which is known and may be of assistance in locating the record. The requester should
provide a return address for transmitting the information. Access requests should be directed to the
System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend their records should direct their request to the
System Manager listed above, stating clearly and concisely what information is being contested, the
reasons for contesting it, and the proposed amendment to the information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information on time-allocation is provided by CRT attorneys, paralegals and professional
staff who handle complaints, cases or matters of concern to the CRT. Sources of information
contained in this system are those records reflecting all cases or matters under consideration by
CRT.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="crt4" toc="yes">
<systemNumber>/CRT-004</systemNumber>
<subsection type="systemName">Registry of Names of Interested Persons Desiring Notification of Submissions under Section 5
of the Voting Rights Act.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice, Civil Rights Division (CRT), 950 Pennsylvania Avenue, NW.,
Washington, DC 20530-0001.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Persons who have requested that the Attorney General send them notice of submissions under
Section 5 of the Voting Rights Act of 1965, 42 U.S.C. 1973c.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The Registry contains the name, address and telephone numbers of interested parties, and,
where appropriate, the voting area or areas with respect to which notification was requested by such
persons.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>46 FR 877 (1981) codified in 28 CFR part 51, 42 U.S.C. 1973c, 5 U.S.C. 301 and 28 U.S.C.
509, 510.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The purpose is to maintain records in a Registry to identify persons interested in receiving
notification of submissions under Section 5 of the Voting Rights Act and to comply with their
requests. Section 5, which applies to several states and some counties, requires that any change
with respect to voting that a specially covered jurisdiction makes is legally unenforceable unless
and until the jurisdiction obtains from the Federal court in the District of Columbia or from the
Attorney General a determination that the change is not discriminatory on account of race, color, or
membership in a language minority group. If the jurisdiction is unable to prove the absence of
discrimination, the Attorney General objects to the change, and it remains legally unenforceable.
Further, the Registry may be used to notify the persons listed therein of any proposed changes in
the "Procedures for the Administration of Section 5 of the Voting Rights Act of 1965,"  46 FR 870
(1981), codified in 28 CFR part 51, and to solicit their comments with respect to any such proposed
changes.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>A record maintained in this system of records may be disseminated as a routine use of such
records as follows:
</p><p>(1) A record relating to this system, or any facts derived therefrom, may be disseminated in a
proceeding before a court, grand jury, administrative or regulatory proceeding or any other
adjudicative body before which CRT is authorized to appear, when the United States, or any agency or
subdivision thereof, is a party to litigation or has an interest in litigation and such records are
determined by CRT to be arguably relevant to the litigation;
</p><p>(2) A record relating to this system may be disseminated to an actual or potential party to
litigation or the party’s attorney or authorized representative for the purpose of negotiation or
discussion on such matters as settlement of the case or matter, plea bargaining or in informal
discovery proceedings.
</p><p>(3) A record may be disseminated 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;
</p><p>(4) A record may be disseminated to complainants and 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 the complainants or victims complained or of
which they were a victim;
</p><p>(5) Information permitted to be released to the news media and the public pursuant to 28 CFR 50.2
may be made available from systems of records maintained by the Department of Justice 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><p>(6) Information in the system may be disclosed as is necessary to respond to inquiries by Members
of Congress on behalf of individual constituents who are subjects of CRT records;
</p><p>(7) A record from a system of records may be disclosed as a routine use to National Archives and
Records Administration (NARA) and General Services Administration (GSA) in records management
inspections conducted under the authority of 44 U.S.C. 2904 and 2906;
</p><p>(8) A record may be disclosed 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; and
</p><p>(9) In the event that a record in this system, either alone or in conjunction with other
information, indicates a violation or potential violation of law--criminal, civil, or
regulatory in nature--the relevant records may be referred to the appropriate federal, state,
local, foreign, or tribal law enforcement authority or other appropriate agency charged with the
responsibility for investigating or prosecuting such violation or charged with enforcing or
implementing such law.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Names are stored in a card file system, and an automated addresser.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records in this system are retrievable by the names of interested persons or organizations.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information in the system is safeguarded in accordance with Departmental rules and
procedures governing access, production and disclosure of any materials contained in its official
files.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>An individual or organizational name is retained in the Registry until such time as that
person or organization requests that the name be deleted.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Chief, Voting Section, Civil Rights Division, U.S. Department of Justice, 950 Pennsylvania
Ave., NW., Washington, DC 20530-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to: Assistant Attorney General, Civil Rights Division, U.S. Department of
Justice, 950 Pennsylvania Ave., NW., Washington, DC 20530-0001.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>This system contains no information about any individual other than as described in
Categories of Records above. Persons whose names appear on the Registry may have access thereto or
have their names and other information pertaining to them deleted or modified upon a request of the
same nature as indicated in 46 FR 877 (1981), codified in 28 CFR part 51.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as the above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information in the Registry are those persons or organizations whose names appear
therein by virtue of their having requested inclusion in the Registry pursuant to 46 FR 877 (1981),
codified in 28 CFR 51.32.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="crt7" toc="yes">
<systemNumber>/CRT-007</systemNumber>
<subsection type="systemName">Files on Employment Civil Rights Matters Referred by the Equal Employment Opportunity
Commission.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice, Civil Rights Division (CRT), 950 Pennsylvania Avenue NW.,
Washington, DC 20530-0001.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Persons seeking employment or employed by a state or a political subdivision of a state who
have filed charges alleging discrimination in employment with the Equal Employment Opportunity
Commission (hereinafter EEOC) which have resulted in a determination by EEOC that there is probable
cause to believe that such discrimination has occurred, and attempts by EEOC at conciliation have
failed.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system may contain copies of charges filed with EEOC, copies of EEOC’s "determination"
letters, letters of transmittal from and to EEOC, analyses or evaluations summarizing the charge and
other materials in the EEOC file, internal memoranda, attorney notes, and copies of "right to sue"
letters issued by CRT. The system may also contain charges related to allegations of employment
discrimination by public employers filed by individual complainants which have been referred to the
Department of Justice by EEOC pursuant to 42 U.S.C. 2000e-5(f) (1) or 5(f) (2), or to
allegations of a pattern or practice of violations of the Equal Employment Opportunity Act by a
public employer which have been referred to the Department of Justice by EEOC pursuant to 42 U.S.C.
2000e-6. If the Department has determined to initiate an investigation or litigate a matter
referred by EEOC the records pertaining to that matter are not contained in the system. Such records
and their routine uses are described under the notice for the system named: Central CRT Index File
and Associated Records/CRT-001.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The records in this system of records are kept under authority of 44 U.S.C. 3101 and in the
ordinary course of fulfilling the responsibilities assigned to CRT under 28 CFR 0.50, 0.51.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>One purpose of this system is to assist employees and officials of the Department to make
decisions regarding the issuance of right to sue letters or make decisions regarding prosecutions of
alleged instances of employment discrimination. Another purpose is to assist the Division in
preparing budget requests, statistical reports, and other internal functions of the Department.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>A record maintained in this system of records may be disseminated as a routine use of such
records as follows:
</p><p>(1) A record relating to this system, or any facts derived therefrom may be disseminated in a
proceeding before a court, grand jury, administrative or regulatory proceeding or any other
adjudicative body before which CRT is authorized to appear, when the United States, or any agency or
subdivision thereof, is a party to litigation or has an interest in litigation and such records are
determined by CRT to be arguably relevant to the litigation;
</p><p>(2) A record relating to this system may be disseminated to an actual or potential party to
litigation or the party’s attorney or authorized representative for the purpose of negotiation or
discussion on such matters as settlement of the case or matter, plea bargaining or in informal
discovery proceedings;
</p><p>(3) A record may be disseminated 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;
</p><p>(4) A record may be disseminated to complainants and 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 the complainants or victims complained or of
which they were a victim;
</p><p>(5) Information permitted to be released to the news media and the public pursuant to 28 CFR 50.2
may be made available from systems of records maintained by the Department of Justice 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><p>(6) Information in the system may be disclosed as is necessary to respond to inquiries by Members
of Congress on behalf of individual constituents who are subjects of CRT records;
</p><p>(7) A record from a system of records may be disclosed as a routine use to National Archives and
Records Administration (NARA) and General Services Administration (GSA) in records management
inspections conducted under the authority of 44 U.S.C. 2904 and 2906; and
</p><p>(8) A record may be disclosed 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information in the systems is stored on index cards, in file jackets, and in computer disks
which are maintained by the Employment Litigation Section, Civil Rights Division.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved primarily by using the appropriate Department of Justice file
number, or the name of the charging party, or the state in which the alleged discrimination occurred
or through other logical queries to the computer based system.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information in manual and computer form is safeguarded and protected in accordance with
applicable Departmental security regulations for systems of records. Staff members who are assigned
a specific identification code will be able to use the computer or to access the stored information
in order to perform their official duties.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>If the Department determines not to prosecute a matter referred by the EEOC, the records
transmitted with the referral are returned to the EEOC. Other records in the system are kept for
routine use by the Department and when no longer needed are sent to the Federal Records Center or
are destroyed. Records are retained and disposed of in accordance with item 25 of the General
Records Schedule 1 as approved by the Archivist of the United States.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Attorney General, Civil Rights Division, U.S. Department of Justice, 950
Pennsylvania Ave., NW., Washington, DC 20530-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as the above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to a record from this system shall be made in writing with the envelope
and letter clearly marked "Privacy Access Request."  The request should indicate the state where the
alleged employment discrimination took place and the employer to which the charge was related. The
requester should also provide the full name of the individual involved, his or her current address,
date and place of birth, notarized signature or dated signature submitted under penalty of perjury
(28 CFR 16.41(d)), any other known information which may be of assistance in locating the record,
and a return address for transmitting the information. Access requests will be directed to the
System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the System Manager listed above, stating clearly and concisely what information is
being contested, the reasons for contesting it, and the proposed amendment to the information
sought. Disclosure of part of the material in this system may be prohibited by 42 U.S.C. 2000e-5(b),
42 U.S.C. 2000e-8(e) and 44 U.S.C. 3510(b). Part of this system is exempted from access and contest
under 5 U.S.C. 552a(k) (2).
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information in this system are charging parties, information compiled and
maintained by EEOC, and employees and officials of the Department of Justice responsible for the
disposition of the referral request.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>The Attorney General has exempted the system from 5 U.S.C. 552a (d)(1), (2), (3), and (4) of
the Privacy Act pursuant to 5 U.S.C. 552a (k)(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 <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="crt9" toc="yes">
<systemNumber>/CRT-009</systemNumber>
<subsection type="systemName">Civil Rights Division Travel Reports, CRT-009.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>United States Department of Justice, Civil Rights Division (CRT), 950 Pennsylvania Avenue,
NW., Washington, DC 20530-0001.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>All persons who have filed travel authorization forms or travel voucher forms for official
travel on behalf of CRT.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The Division’s filing system contains information concerning travel expenditures which were
recorded on travel authorization forms and travel voucher forms by CRT employees or other persons
authorized to travel for CRT and submitted to the Budget and Finance Branch of CRT.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The records in this system of records are kept under the authority of 44 U.S.C. 3101 and in
the ordinary course of fulfilling the responsibilities assigned to CRT under 28 CFR 0.50, 0.51.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>One purpose of this system is to assist employees and officials of the Division to measure
and track expenditures within the Division. Other purposes are to assist the Division in preparing
reports within various sections to control and review expenditures.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>A record maintained in this system of records may be disseminated as a routine use of such
records as follows:
</p><p>(1) A record relating to this system, or any facts derived therefrom, may be disseminated in a
proceeding before a court, grand jury, administrative or regulatory proceeding or any other
adjudicative body before which CRT is authorized to appear, when the United States, or any agency or
subdivision thereof, is a party to litigation or has an interest in litigation and such records are
determined by CRT to be arguably relevant to the litigation;
</p><p>(2) A record relating to this system may be disseminated to an actual or potential party to
litigation or the party’s attorney or authorized representative for the purpose of negotiation or
discussion on such matters as settlement of the case or matter, plea bargaining or in informal
discovery proceedings;
</p><p>(3) A record may be disseminated 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;
</p><p>(4) Information permitted to be released to the news media and the public pursuant to 28 CFR 50.2
may be made available from systems of records maintained by the Department of Justice 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><p>(5) Information in the system may be disclosed as is necessary to respond to inquiries by Members
of Congress on behalf of individual constituents who are subjects of CRT records;
</p><p>(6) A record from a system of records may be disclosed as a routine use to National Archives and
Records Administration (NARA) and General Services Administration (GSA) in records management
inspections conducted under the authority of 44 U.S.C. 2904 and 2906;
</p><p>(7) A record may be disclosed 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; and
</p><p>(8) In the event that a record in this system, either alone or in conjunction with other
information, indicates a violation or potential violation of law-criminal, civil or regulatory in
nature-the relevant records may be referred to the appropriate Federal, State, local, foreign, or
Tribal law enforcement authority or other appropriate agency charged with the responsibility for
investigating or prosecuting such violation or charged with enforcing or implementing such law.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are stored in hard copy and electronic form.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records in this system are retrieved by the names of those individuals identified under the
caption "Categories of individuals covered by the system."
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information in the system is unclassified. However, the records are protected in accordance
with applicable Department security regulations for systems of records. Records are stored in locked
cabinets and access to the computer is limited to those personnel who have a need for access to
perform their official duties.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained on the system while current and required for official Government use.
When no longer needed on an active basis, the records are transferred to computer tape and stored in
accordance with Departmental security regulations for systems of records. Final disposition will be
in accordance with records retirement or destruction as scheduled by NARA in General Records
Schedule 9.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Executive Officer, Administrative Management Section, Civil Rights Division, United States
Department of Justice, 950 Pennsylvania Ave., NW., Washington, DC 20530-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as the above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Requests by former employees for access to records in this system may be made in writing
with the envelope and letter clearly marked "Privacy Act Request."  The request should clearly state
the dates on which official travel was taken. The requestor should also provide the full name of the
individual involved, his or her current address, date and place of birth, notarized signature or
dated signature submitted under penalty of perjury (28 CFR 16.41(d)), any other known information
which may be of assistance in locating the record, and a return address for transmitting the
information. Access requests will be directed to the System Manager. Present employees may request
access by contacting the System Manager directly.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the System Manager listed above, stating clearly and concisely what information is
being contested, the reason for contesting it, and the proposed amendment to the information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information are CRT employees and other authorized persons who file travel
authorization and travel voucher forms.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="crs1" toc="yes">
<systemNumber>/CRS-001</systemNumber>
<subsection type="systemName"> Operational Data Information System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p> Community Relations Service, U.S. Department of Justice, 550 11th
Street NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p> Conciliators and Mediators of the
Community Relations Service of the U.S. Department of Justice.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p> The file contains the names of CRS employees,
their case assignments, and the time allocated to each assignment. In addition, information
reflecting the current status and handling of the case is included within the system.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p> The file is established to effect the purposes
of 42 U.S.C. 2000g-1, 2000g-3 (1970).
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p> The file is used by CRS personnel as a basis for preparing daily, weekly, and
monthly activity reports for internal management. It is also used by the Administrative Office to
prepare time efficiency analyses on CRS personnel. In addition, the file will be consulted in order
to prepare budget requests and reports to the Associate Attorney General, the Attorney General, and
to Congress.
</p><p>Release of Information to the News Media and the Public: Information from the system of records
may be made available to the news media and the public, unless such release would violate 42 U.S.C.
2000g-2, or would constitute an unwarranted invasion of personal privacy.
</p><p>Release of Information to Members of Congress: Information contained in the system, not otherwise
required to be released pursuant to 5 U.S.C. 552, may be made available 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 unless such release would
violate 42 U.S.C. 2000g-2.
</p><p>Release of Information to the National Archives and Records Administration: A record from the
system of records may be disclosed to the National Archives and Records Administration (NARA) for
records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906, unless such
disclosure would violate 42 U.S.C. 2000g-2.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage: </p><p> Automated records are maintained on magnetic disk at the Department of
Justice Data Management Service.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p> Information is retrieved by a variety of key words including, but not
limited to, the name of the employee, geographic location, and subject matter of the record.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p> Information maintained in the system is safeguarded and protected in
accordance with Department rules and procedures governing the handling of computerized information.
Only individuals specifically authorized by the Director of CRS will have access to the computer
through a single terminal located in an office occupied during the day and locked at night. Access
to the information in the system will be limited to those CRS employees whose official duties
require such information.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p> Records classified by the subject’s name are retained until 60
days after the record subject leaves the employment of the Community Relations Service and are then
deleted from the system.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p> Deputy Director, Community Relations Service, U.S.
Department of Justice, Todd Building, 550 11th Street NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p> Address inquiries to Office of Chief Counsel, Community
Relations Service, U.S. Department of Justice, 550 11th Street NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p> In all cases, requests for access to a record shall be in
writing, by mail or in person. If request for access is made by mail, the envelope and letter shall
be clearly marked "Privacy Act Request."  The requester shall include a description of the record
requested and, if known, the case file number(s). To identify a record relating to an individual,
the requester must provide the individual’s full name, date and place of birth, employee
identification number, and date of employment and duty assignment station(s) while employed by the
Community Relations Service.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p> Any individual desiring to contest or amend information
maintained in the system should direct his or her request to the Deputy Director, Community
Relations Service, U.S. Department of Justice, Todd Building, 550 11th Street NW, Washington, DC
20530. The request should state clearly what information is being contested, the reason for
contesting, and the proposed amendment to the information.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p> The records are prepared by the conciliator/mediator or, in
exceptional cases, by his or her supervisor.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p> None.

</p></xhtmlContent></subsection></section>
<section id="crm1" toc="yes">
<systemNumber>/CRM-001</systemNumber>
<subsection type="systemName">Central Criminal Division Index File and Associated Records.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>The system itself is, in whole sensitive and in part, classified to protect national
security/foreign policy material. Within the unclassified part, items or records may have Limited
Official Use or national security/foreign policy classifications.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice, Criminal Division, Washington DC 20530-0001 or a National
Archives and Records Administration (NARA) Regional Records Center.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Persons referred to in potential or actual cases and matters of concern to the Criminal
Division and correspondence on subjects directed or referred to the Criminal Division.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system consists of alphabetical indices bearing individual names and the associated
records to which they relate, arranged either by subject matter or individual identifying number
containing the general and particular records of all Criminal Division correspondence, cases,
matters and memoranda, including but not limited to, investigative reports, correspondence to and
from the Division, legal papers, evidence, and exhibits.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintained pursuant to 44 U.S.C. 3101 to implement all
functions assigned to the Criminal Division in 28 CFR 0.55 through 0.64-5. Additional
authority is derived from Treaties, Statutes, Executive Orders, Presidential Proclamations, and
Attorney General Directives.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>Records in this system are used to provide investigative and litigation information to
management in the Division and the Department, courts, and other law enforcement agencies,
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>A record maintained in this system of records may be disseminated as a routine use of such
record as follows:
</p><p>(1) 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.
</p><p>(2) 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.
</p><p>(3) Where a record, either alone or in conjunction with other information, indicates a violation
or potential violation of law--criminal, civil, or regulatory in nature--the relevant
records may be referred to the appropriate federal, state, local, territorial, tribal, or foreign
law enforcement authority or other appropriate entity charged with the responsibility for
investigating or prosecuting such violation or charged with enforcing or implementing such law.
</p><p>(4) 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.
</p><p>(5) A record may be disclosed 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.
</p><p>(6) 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.
</p><p>(7) To an actual or potential party to litigation or administrative proceeding, or the party’s
authorized representative for the purpose of negotiation or discussion of such matters as
settlement, plea bargaining, or in informal discovery proceedings.
</p><p>(8) 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><p>(9) To federal, state, local, territorial, tribal, foreign (acting either directly or through an
authorized representative of its government), or international licensing agencies or associations
which require information concerning the suitability or eligibility of an individual for a license
or permit.
</p><p>(10) 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.
</p><p>(11) 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.
</p><p>(12) To such recipients and under such circumstances and procedures as are mandated by federal
statute or treaty.
</p><p>(13) 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.
</p><p>(14) To any criminal, civil, or regulatory law enforcement authority (whether federal, state,
local, territorial, tribal, or foreign (acting either directly or through an authorized
representative of its government)), where the information is relevant to the recipient entity’s law
enforcement responsibilities.
</p><p>(15) To a governmental entity lawfully engaged in collecting law enforcement, law enforcement
intelligence, or national security intelligence information for such purposes.
</p><p>(16) 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.
</p><p>(17) To any person or entity, or their representative, if deemed by the Criminal Division to be
necessary in order to elicit information or cooperation from the person or entity or their client
for use by the Division in the performance of an authorized activity.
</p><p>(18) A record that contains classified national security information and material may be
disseminated to persons who are engaged in historical research projects, or who have previously
occupied policy making positions to which they were appointed by the President, in accordance with
the provisions codified in 28 CFR 17.46.
</p><p>(19) A record relating to an actual or potential civil or criminal violation of title 17, United
States Code, may be disseminated to a person injured by such violation to assist him in the
institution or maintenance of a suit brought under such title.
</p><p>(20) A record relating to a person held in custody pending or during arraignment, trial,
sentence, or extradition proceedings, or after conviction or after extradition proceedings, may be
disseminated to a federal, state, local, territorial, or foreign prison, probation, parole, or
pardon authority, or to any other agency or individual concerned with the maintenance,
transportation, or release of such a person.
</p><p>(21) A record relating to a case or matter that has been referred by an agency for investigation,
prosecution or enforcement, or that involves a case or matter within the jurisdiction of an agency,
may be disseminated to such agency to notify the agency of the status of the case or matter or of
any decision or determination that has been made, or to make such inquiries and reports as are
necessary during the processing of the case or matter.
</p><p>(22) In any health care-related civil or criminal case, investigation, or matter, information
indicating patient harm, neglect, or abuse, or poor or inadequate quality of care, at a health care
facility or by a health care provider may be disclosed as a routine use to any federal, state,
local, tribal, foreign, joint, international or private entity that is responsible for regulating,
licensing, registering or accrediting any health care provider or health care facility, or enforcing
any health care-related laws or regulations. Further, information indicating an ongoing quality of
care problem by a health care provider or at a health care facility may be disclosed to the
appropriate health plan. Additionally, unless otherwise prohibited by applicable law, information
indicating patient harm, neglect, abuse, or poor or inadequate quality of care may be disclosed to
the affected patient or his representative or guardian at the discretion of and in the manner
determined by the agency in possession of the information.
</p><p>(23) To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.
</p><p>(24) To another Federal agency or Federal entity, when the Department 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.</p>
    <p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained in hard-copy, paper format and stored in electronic format via a
Storage Area Network system architecture consisting of personal computers, client/servers, and tape
libraries. Data is stored on hard disk, floppy diskettes, compact disks, magnetic tape and/or
optical disk media. Records are stored in accordance with applicable executive orders, statutes, and
agency implementing regulations.
</p><p>The computer storage devices are located at several Justice Department buildings in Washington,
DC. Paper files are stored in: Division offices with controlled access; a secure records unit with
controlled access; locked file cabinets; other appropriate GSA approved security containers; or once
closed, at a National Archives and Records Administration regional records center. Records that
contain classified national security information are stored in accordance with applicable executive
orders, statutes, and agency implementing regulations.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records may be retrieved by reference to an individual’s name or personal identifier.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information in this system is safeguarded in accordance with applicable laws, rules, and
policies, including the Department’s automated systems security and access policies. Records and
technical equipment are maintained in a secured area with restricted access. The required use of
password protection identification features and other system protection methods also restrict
access. All physical access to the building(s) where this system of records is maintained is
controlled and monitored by security personnel and accessed only by authorized Department personnel
or by non-Department personnel properly authorized to assist in the conduct of an agency function
related to these records.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records in this system are retained and disposed of in accordance with records retention
schedules approved by the National Archives and Records Administration (NARA) for the constituent
system of records.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Attorney General, Criminal Division, U.S. Department of Justice, 950 Pennsylvania
Avenue, NW., Washington DC 20530-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>The major part of this system is exempted from this requirement under 5 U.S.C. 552a(j)(2),
(k)(1) or (k)(2). Inquiries should be addressed to: Chief, Freedom of Information Act/Privacy Act
Unit, Criminal Division, Department of Justice,
950 Pennsylvania Avenue, NW., Washington, DC 20530-0001.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Requests for access to a record in this system must be in writing and should be addressed to
the Chief of the Freedom of Information Act/Privacy Act Unit noted above. The envelope and letter
should be clearly marked "Privacy Act Request" . Requests must comply with the Department’s
regulations and be made in accordance with 28 CFR Part 16. They must include a general description
of the records sought, the requester’s full name, current address, and date and place of birth, the
name of the case or matter involved, if known, and the name of the judicial district involved, if
known, or any other identifying number or information which may be of assistance in locating the
record. Social Security numbers are not used by the Criminal Division for identification purposes
and should not be provided. 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.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request 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. 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 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.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Department officers and employees and other federal, state, local and foreign law
enforcement and non-law enforcement agencies, corporations and businesses, private persons,
witnesses, informants, and publicly available information, including commercial information
resellers.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3), (c)(4), (d), (e)(1),
(e)(2), (e)(3), (e)(4) (G), (H) and (I), (e)(5), (e)(8), (f) and (g) of the Privacy Act pursuant to
the provisions of 5 U.S.C. 552a(j)(2); in addition, the system is exempt pursuant to the provisions
of 5 U.S.C. 552a(k)(1) and (k)(2) from subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and
(f). 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 <i>Federal Register</i>. See 28 CFR 16.91.
</p></xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p>72 FR 44182 (August 7, 2007): Last published in full.</p>
</xhtmlContent></subsection></section>
<section id="crm2" toc="yes">
<systemNumber>/CRM-002</systemNumber>
<subsection type="systemName">Criminal Division Witness Security File.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice, Criminal Division, 10th Street and Constitution Avenue, NW,
Washington, DC 20530. In addition, some of the records contained in this system may be located at
one or more of the Organized Crime and Racketeering Sections Field Offices listed in the appendix to
the Criminal Division Systems of Records.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Persons who are potential or actual witnesses and/or informants, relatives, and associates
of those individuals.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system consists of the Witness Security Program files on all persons who are considered
for admission or who have been admitted into the program. The files contain information concerning
the individuals, the source and degree of danger to which they are exposed, the cases in which they
are expected to testify, relocation information and documentation, job assistance, sponsoring
office, requirements for reimbursement and administration of the program, and protection techniques.
Records concerning subject matters described in this system may also be contained in JUSTICE/CRM
-001.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is authorized pursuant to sections 501 through 504 of Pub. L. 91-452.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>A record maintained in this system of records may be disseminated as a routine use of such
record as follows: 1. Dissemination of a record may be made to a federal, state, local, or foreign
agency to acquire information concerning the individual, or those associated with him, relating to
the protection of the subject or to a criminal investigation; 2. in any case in which there is an
indication of a violation or potential violation of law, whether civil, criminal, or regulatory in
nature, the record in question may be disseminated to the appropriate federal, state, local, or
foreign agency charged with the responsibility of investigating or prosecuting such violation or
charged with enforcing or implementing such law; 3. in the course of investigating the potential or
actual violation of any law, whether civil, criminal, or regulatory in nature, or during the course
of a trial or hearing or the preparation for a trial or hearing for such violation, a record may be
disseminated to a federal, state, local, or foreign agency, or to an individual or organization if
there is reason to believe that such agency, individual, or organization possesses information
relating to the investigation, trial, or hearing and the dissemination is reasonably necessary to
elicit such information or to obtain the cooperation of a witness or an informant; 4. a record
relating to a case or matter may be disseminated in an appropriate federal, state, local, or foreign
court or grand jury proceeding in accordance with established constitutional, substantive, or
procedural law or practice; 5. a record relating to a case or matter may be disseminated to a
federal, state, or local administrative or regulatory proceeding or hearing in accordance with the
procedures governing such proceeding or hearing; 6. a record relating to a case or matter may be
disseminated to an actual or potential party or his attorney for the purpose of negotiation or
discussion on such matters as settlement of the case or matter, plea bargaining, or informal
discovery proceedings; 7. a record relating to an individual in a matter that has been referred for
either consideration or investigation by an agency may be disseminated to the referring agency to
notify such agency of the status of the case or matter or of any decision or determination that has
been made; 8. a record relating to an individual held in custody pending arraignment, trial, or
sentence, or extradition proceedings, or after conviction or after extradition proceedings, may be
disseminated to a federal, state, local, or foreign prison, probation, parole, or pardon authority,
or to any other agency or individual concerned with the maintenance, transportation, or release of
such a person; 9. a record may be disseminated to a foreign country pursuant to an international
treaty or convention entered into and ratified by the United States or to an executive agreement;
10. a record may be disseminated to a federal, state, local, or foreign law enforcement agency to
assist in the general crime prevention and detection efforts of the recipient agency or to provide
investigative leads to such agency; 11. a record may be disseminated to a federal agency, in
response to its request, in connection with the hiring or retention of an employee, the issuance of
a security clearance, the reporting of an investigation of an employee, the letting of a contract or
the issuance of a license, grant, or other benefit by the requesting agency, to the extent that the
information relates to the requesting agency’s decision on the matter; 12. a record may be
disseminated to a non-governmental entity or individual in the acquisition of employment or other
services in behalf of the witnesses.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice 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><p>Release of information to Members of Congress. Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration (NARA), and to the
General Services Administration (GSA): A record from a system of records may be disclosed as a
routine use to NARA and GSA in records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>A record contained in this system is kept on index cards and in files stored in safe type
filing cabinets.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>A record is retrieved by name of the individual.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>The records are maintained in safes with additional physical safeguards as well as limited
access by Departmental personnel.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Currently there are no provisions for the disposal of the records in the system.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Attorney General; Criminal Division; U.S. Department of Justice; 10th Street and
Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiry concerning the system should be addressed to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>The major part of this system is exempted from this requirement under 5 U.S.C. 552a(j)(2),
(k)(1), or (k)(2). To the extent that this system of records is not subject to exemption, it is
subject to access and contest. A determination as to exemption shall be made at the time a request
for access is received. A request for access to a record contained in this system shall be made in
writing, with the envelope and the letter clearly marked `Privacy Access Request’. Include in the
request the name of the individual involved, his birth date and place, or any other identifying
number or information which may be of assistance in locating the record, the name of the case or
matter involved, if known, and the name of the judicial district involved, if known. The requestor
will also provide a return address for transmitting the information. Access requests will be
directed to the system manager listed above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the system manager listed above, stating clearly and concisely what information is
being contested, the reasons for contesting it, and the proposed amendment to the information
sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>1. Federal, state, local, or foreign government agencies concerned with the administration
of criminal justice; 2. Members of the public; 3. Government agency employees; 4. Published
material; 5. Persons considered for admission or admitted to the program.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3) and (4), (d), (e)(1),
(2) and (3), (e)(4)(G), (H) and (I), (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 <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="crm3" toc="yes">
<systemNumber>/CRM-003</systemNumber>
<subsection type="systemName">File of Names Checked to Determine If Those Individuals Have Been the
Subject of An Electronic Surveillance.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice; Criminal Division; Bond Building, 1400 New York Avenue NW,
Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Grand jury witnesses, defendants and potential defendants in criminal cases and their
attorneys.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system contains the names of those persons submitted by federal prosecutors to inquire
whether such persons have been the subject of electronic surveillances. The file consists of the
names, the inquiries made to federal investigatory agencies, the replies received from such
agencies, and the reply submitted to the prosecutor. Records concerning subject matters described in
this system may also be contained in JUSTICE/CRM-001.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintained pursuant to 44 U.S.C. 3101. The system is also
maintained to implement the provisions of 18 U.S.C. 3504.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>A record maintained in this system of records may be disseminated as a routine use of such
record as follows: 1. In the appropriate federal court proceeding in accordance with established
constitutional, substantive, or procedural law or practice; 2. to an actual or potential party or
his attorney in the case or matter in which the request was made.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice 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><p>Release of information to Members of Congress. Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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 to the record.
</p><p>Release of information to the National Archives and Records Administration (NARA), and to the
General Services Administration (GSA): A record from a system of records may be disclosed as a
routine use to NARA and GSA in records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>A record contained in this system is stored manually in file jackets.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>A record is retrieved by the name of the individual checked.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>The records are safeguarded and protected in accordance with applicable Departmental rules.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Currently, there are no provisions for disposal of the records in this system.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Attorney General, Criminal Division, U.S. Department of Justice, 10th and
Constitution Avenue NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>A part of this system is exempted from this requirement under 5 U.S.C. 552a(j)(2). Inquiry
concerning this system should be directed to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A part of this system is exempted from this requirement under 5 U.S.C. 552a(j)(2). To the
extent that this system of records is not subject to exemption, it is subject to access and contest.
A determination as to exemption shall be made at the time a request for access is received. A
request for access to a record from this system shall be made in writing, with the envelope and the
letter clearly marked "Private Access Request."  Include in the request the name of the individual
involved, his birth date and place, or any other identifying number or information which may be of
assistance in locating the record, the name of the case or matter, if known, and the name of the
judicial district involved, if known. The requestor will also provide a return address for
transmitting the information. Access requests will be directed to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the System Manager listed above, stating clearly and concisely what information is
being contested, the reasons for contesting it, and the proposed amendment to the information
sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system are an actual or potential party or his
attorney in the case or matter in question, federal prosecutors, and the federal investigative
agencies.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(4), (d), (e)(4) (G), (H)
and (I), (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
<i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="crm6" toc="yes">
<systemNumber>/CRM-006</systemNumber>
<subsection type="systemName"> Information File on Individuals and Commercial Entities Known or
Suspected of Being Involved in Fraudulent Activities.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p> U.S. Department of Justice, Criminal Division, 10th Street and Constitution
Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals involved in actual or
suspected fraudulent activities and their victims.</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system of records consists of alphabetized
indices of the names of those individuals or commercial entities known or suspected of involvement
in fraudulent activities both foreign and domestic, and of computerized printouts of information
obtained from documents, records, and other files in the possession of the Criminal Division that
indicate the scope, details, and methods of operation of known or suspected fraudulent activities.
The system also consists of the documents, records, and other files to which the printouts relate.
Records concerning subject matters described in this system may also be contained in CRM- 001.</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintained pursuant
to 44 U.S.C. 3101, and is intended to assist in implementing and enforcing the criminal laws of the
United States, codified in title 18, United States Code and elsewhere, particularly the laws
relating to offenses involving fraudulent activities. The system is also maintained to implement the
provisions codified in 28 CFR 0.55, particularly subsection (b).</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Release of information to the news media: Information permitted to be released to the news
media and the public pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the Department of Justice 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><p>Release of information to Members of Congress. Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration: A record from a
system of records may be disclosed as a routine use to the National Archives and Records
Administration (NARA) in records management inspections conducted under the authority of 44 U.S.C.
2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage: A record contained in this system is stored on lists, index cards, and on computer
printout paper. The documents, records, and other files to which the printouts relate are stored in
file jackets in file cabinets.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>A record is retrieved by name of the individual, trade style used, or by
source of the information of the preceding.</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>The computer center is maintained by the Office of Management and Finance which
has designed security procedures consistent with the sensitivity of the data. Materials related to
the system maintained at locations other than the location of the computer center are protected and
safeguarded in accordance with applicable Departmental rules.</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Currently there are no provisions for disposal of records contained
in this system.</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Attorney General, Criminal Division, U.S.
Department of Justice, 10th Street and Constitution Avenue, NW, Washington, DC 20530.</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries concerning the system should be directed to the System
Manager listed above.</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>The major part of this system is exempted from this requirement
under 5 U.S.C. 552a (j)(2), (k)(1), or (k)(2). To the extent that this system of records is not
subject to exemption, it is subject to access and contest. A determination as to exemption shall be
made at the time a request for access is received. A request for access to a record contained in
this system shall be made in writing, with the envelope and the letter clearly marked `Privacy
Access Request`. Include in the request the name of the individual involved, his birth date and
place, or any other identifying number or information which may be of assistance in locating the
record, the name of the case or matter involved, if known, and the name of the judicial district
involved, if known. The requestor will also provide a return address for transmitting the
information. Access requests will be directed to the system manager listed above. Records in this
system are exempt from the access provisions of the Act in accordance with the applicable exemption
notice.</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information
maintained in the system should direct their request to the system manager listed above, stating
clearly and concisely what information is being contested, the reasons for contesting it, and the
proposed amendment to the information sought. Records in this system are exempt from the contesting
provisions of the Act in accordance with the applicable exemption notice.</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Federal, state, local, or foreign agencies, investigators, and
prosecutors, private organizations, quasi-governmental agencies, trade associations, private
individuals, publications, and the news media.</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p><i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="crm8" toc="yes">
<systemNumber>/CRM-008</systemNumber>
<subsection type="systemName"> Name Card File on Department of Justice Personnel Authorized to Have
Access to Classified Files of the Department of Justice.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice, Criminal Division, 10th and Constitution Avenue NW, Washington,
DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current personnel of the Department of Justice, generally attorneys.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This index file contains the names of those attorneys and others currently employed in the
Department of Justice who are authorized to have access to records of the Department of Justice
classified in the interest of national security with such designations as confidential, secret, and
top secret.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established pursuant to Executive Order No. 11652. The system is also
maintained to implement the provisions codified in 28 CFR 17.1 through 17.82.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>There are no uses of the records in this system outside of the Department of Justice.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice 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><p>Release of information to Members of Congress. Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration (NARA), and to the
General Services Administration (GSA): A record from a system of records may be disclosed as a
routine use to NARA and GSA in records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>A record contained in this system is stored manually on index cards.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>A record is retrieved by name from the index cards.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>The index is contained in the vault maintained for classified files of the Department of
Justice.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>The names in the index are maintained and deleted in accordance with Departmental
regulations.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Attorney General, Criminal Division, U.S. Department of Justice, 10th Street and
Constitution Avenue NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as the above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to a record from this system shall be made in writing, with the
envelope and the letter clearly marked "Privacy Access Request" . Include in the request the name of
the individual involved. The requestor will also provide a return address for transmitting the
information. Access requests will be directed to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the System Manager listed above, stating clearly and concisely what information is
being contested, the reasons for contesting it, and the proposed amendment to the information
sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Personnel of the Department of Justice.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="crm12" toc="yes">
<systemNumber>/CRM-012</systemNumber>
<subsection type="systemName"> Organized Crime and Racketeering Section, General Index File and
Associated Records.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice, Criminal Division, Organized Crime and Racketeering Section,
10th Street and Constitution Avenue NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Persons who have been prosecuted or are under investigation for potential or actual criminal
prosecution as well as persons allegedly involved in organized criminal activity and those alleged
to be associated with the subject.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system consists of alphabetical indices bearing individual names and the associated
records to which they relate, arranged either by subject matter or individual identifying number, of
all incoming correspondence, cases, matters, investigations, and memoranda assigned, referred, or of
interest, to the Organized Crime and Racketeering Section. The records in this system concern
matters primarily involving organized crime and include, but are not limited to, case files;
investigative reports; intelligence reports; subpoena and grand jury files; records of warrants and
electronic surveillances; records of indictment, prosecution, conviction, parole, probation, or
immunity; legal papers; evidence; exhibits; items classified confidential, secret, and top secret;
and various other files related to the Sections activities and it ongoing investigations,
prosecutions, cases, and matters. Records concerning subject matters described in this system may
also be contained in JUSTICE/CRM-001.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintained pursuant to 44 U.S.C. 3101 and the Presidential
Directive on the Federal Drive Against Organized Crime, issued May 5, 1966 (Weekly Compilation of
Presidential Documents, Vol. 2, W. No. 18 (1966)). In addition, this system is maintained to assist
in implementing and enforcing the criminal laws of the United States, particularly those codified in
title 18, United States Code. This system is also maintained to implement the provisions codified in
28 CFR 0.55 particularly subsection (g).
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>A record maintained in this system of records may be disseminated as a routine use of such
record as follows: (1) In any case in which there is an indication of a violation or potential
violation of law, whether civil, criminal, or regulatory in nature, the record in question maybe
disseminated to the appropriate federal, state, local, or foreign agency charged with the
responsibility for investigating or prosecuting such violation or charged with enforcing or
implementing such law; (2) in the course of investigating the potential or actual violation of any
law, whether civil, criminal, or regulatory in nature, or during the course of a trial or hearing or
the preparation for a trial or hearing for such violation, a record may be disseminated to a
federal, state, local, or foreign agency, or to an individual, or organization, if there is reason
to believe that such agency, individual, or organization possesses information relating to the
investigation, trial, or hearing and the dissemination is reasonably necessary to elicit such
information or to obtain the cooperation of a witness or an informant; (3) a record relating to a
case or matter may be disseminated in an appropriate federal, state, local, or foreign court or
grand jury proceeding in accordance with established constitutional, substantive, or procedural law
or practice; (4) a record relating to a case or matter may be disseminated to a federal, state, or
local administrative or regulatory proceeding or hearing in accordance with the procedures governing
such proceeding or hearing; (5) a record relating to a case or matter may be disseminated to an
actual or potential party or his attorney for the purpose of negotiation or discussion on such
matters as settlement of the case or matter, plea bargaining, or informal discovery proceedings; (6)
a record relating to a case or matter that has been referred by an agency for investigation,
prosecution, or enforcement, or that involves a case or matter within the jurisdiction of an agency,
may be disseminated to such agency to notify the agency of the status of the case or matter or of
any decision or determination that has been made, or to make such other inquiries and reports as are
necessary during the processing of the case or matter; (7) a record relating to a person held in
custody pending or during arraignment, trial, sentence, or extradition proceedings, or after
conviction or after extradition proceedings, may be disseminated to a federal, state, local, or
foreign prison, probation, parole, or pardon authority, or to any other agency or individual
concerned with the maintenance, transportation, or release of such a person; (8) a record relating
to a case or matter may be disseminated to a foreign country pursuant to an international treaty or
convention entered into and ratified by the United States or to an executive agreement; (9) a record
may be disseminated to a federal, state, local, foreign, or international law enforcement agency to
assist in the general crime prevention and detection efforts of the recipient agency or to provide
investigative leads to such agency; (10) a record may be disseminated to a federal agency, in
response to its request, in connection with the hiring or retention of an employee, the issuance of
a security clearance, the reporting of an investigation of an employee, the letting of a contract,
or the issuance of a license, grant, or other benefit by the requesting agency, to the extent that
the information relates to the requesting agency’s decision on the matter; (11) a record may be
disseminated to the public, news media, trade association, or organized groups, when the purpose of
the dissemination is educational or informational, such as descriptions of crime trends or
distinctive or unique modus operandi, provided that the record does not contain an information
identifiable to a specific individual other than such modus operandi; (12) a record maybe
disseminated to a foreign country, through the United States Department of State or directly to the
representative of such country, to the extent necessary to assist such country in apprehending
and/or returning a fugitive to a jurisdiction which seeks his return; (13) a record that contains
classified national security information and material may be disseminated to persons who are engaged
in historical research projects, or who have previously occupied policy making provisions to which
they were appointed by the President, in accordance with the provisions codified in 28 CFR 17.60.
</p><p>Information may be released 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.
</p><p>Information may be made available 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; and a record may be released to the National Archives
and Records Administration and to the General Services Administration in records management
inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p><p>Information relating to health care fraud may be disclosed to private health plans, or
associations of private health plans, and health insurers, or associations of health insurers, for
the following purposes: to promote the coordination of efforts to prevent, detect, investigate, and
prosecute health care fraud; to assist efforts by victims of health care fraud to obtain
restitution; to enable private health plans to participate in local, regional, and national health
care fraud task force activities; and to assist tribunals having jurisdiction over claims against
private health plans.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The records in this system are stored on various documents, tapes, disc packs, and punch
cards, some of which are contained in files, on index cards, or in related type materials.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>The system is accessed by name but may be grouped for the conveninence of the user by
subject matter, e.g., parole file, photograph file, etc.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Materials related to the system are maintained in appropriately restricted areas and are
safeguarded and protected in accordance with applicable Department rules.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Currently there are no provisions for the disposal of the records in the system.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Attorney General, Criminal Division, U.S. Department of Justice, 10th Street and
Constitution Avenue NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiry concerning the system should be addressed to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>The major part of this system is exempted from this requirement under 5 U.S.C. 552a(j)(2),
(k)(1), or (k)(2). To the extent that this system of records is not subject to exemption, it is
subject to access and contest. A determination as to exemption shall be made at the time a request
for access is received. A request for access to a record contained in this system shall be made in
writing, with the envelope and the letter clearly marked "Privacy Access Request" . Include in the
request the name of the individual involved, his birth date and place, or any other identifying
number or information which may be of assistance in locating the record, the name and of the case or
matter involved, if known, and the name of the judicial district involved, if known. The requestor
will also provide a return address for transmitting the information. Access requests will be
directed to the system manager listed above. Records in this system are exempt from the access
provisions of the Act in accordance with the applicable exemption notice.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the system manager listed above, stating clearly and concisely what information is
being contested, the reasons for contesting it, and the proposed amendment to the information
sought. Records in this system are exempt from the contesting provisions of the Act in accordance
with the applicable exemption notice.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>1. Federal, state, local, or foreign government agencies concerned with the administration
of criminal justice and non-law enforcement agencies both public and private; 2. Members of the
public; 3. Government employees; 4. Published material; 5. Witnesses and informants.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3) and (4), (d), (e)(1),
(2) and (3), (e)(4)(G), (H), and (I), (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 <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="crm14" toc="yes">
<systemNumber>/CRM-014</systemNumber>
<subsection type="systemName"> Organized Crime and Racketeering Section, Intelligence and Special
Services Unit, Information Request System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p> U.S. Department of Justice, Criminal Division, 10th Street and Constitution
Avenue, NW, Washington, DC 20530. In addition, some of the records contained in this system are
located at one or more of the Organized Crime and Racketeering Section Field Offices listed in the
appendix to the Criminal Division’s systems of records.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p> Individuals making inquiries of the
Intelligence and Special Services Unit data sources, Unit personnel processing those inquiries,
Intelligence Analysts assigned to the Strike Forces, and those individuals about whom such inquiries
are made.</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p> The information request record system provides an
audit trail of the Organized Crime and Racketeering Section information system. Included in this
system of records is such information as the request from an agency and the date of the request, the
employee processing the request, the subject of the request, and a brief summary of the results of
the check.</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p> This system is established and maintained pursuant
to 44 U.S.C. 3101. The system is also maintained to implement the provisions codified in 28 CFR 0.55
particularly subsection (g).</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Release of information to the news media: Information permitted to be released to the news
media and the public pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the Department of Justice 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><p>Release of information to Members of Congress. Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration: A record from a
system of records may be disclosed as a routine use to the National Archives and Records
Administration (NARA) in records management inspections conducted under the authority of 44 U.S.C.
2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage: A record contained in this system is stored on computer tapes, paper, magnetic
tape, and disc pack.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p> A record in this system is accessed by one or more of the components of the
information contained in the system including accessing by the name of the individual.</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p> The computer center is maintained by the Office of Management and Finance which
has designed security procedures consistent with the sensitivity of the data. Materials related to
the system maintained at locations other than the location of the computer are similarly protected
by being maintained in a restricted area at the Department of Justice.</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p> Information in the system is constantly modified as new information
is received. Historical data is maintained as an audit trail until sufficient experience with the
system is received to develop appropriate procedures for the elimination and destruction of the
data. Such procedures are consistent with applicable governmental procedures.</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p> Assistant Attorney General, Criminal Division, U.S.
Department of Justice, 10th Street and Constitution Avenue, NW, Washington, DC 20530.</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p> Inquiry concerning this system should be directed to the System
Manager listed above.</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p> The major part of this system is exempted from this requirement
under 5 U.S.C. 552a(j)(2), (k)(1), or (k)(2). To the extent that this system of records is not
subject to exemption, it is subject to access and contest. A determination as to exemption shall be
made at the time a request for access is received. A request for access to a record contained in
this system shall be made in writing, with the envelope and the letter clearly marked `Privacy
Access Request`. Include in the request the name of the individual involved, his birth date and
place, or any other identifying number or information which may be of assistance in locating the
record, the name of the case or matter involved, if known, and the name of the judicial district
involved, if known. The requestor will also provide a return address for transmitting the
information. Access requests will be directed to the system manager listed above. Records in this
system are exempt from the access provisions of the Act in accordance with the applicable exemption
notice.</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p> Individuals desiring to contest or amend information
maintained in the system should direct their request to the system manager listed above, stating
clearly and concisely what information is being contested, the reasons for contesting it, and the
proposed amendment to the information sought.</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p> Individuals who make inquiry of the Organized Crime and
Racketeering Information System.</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p> The Attorney General has exempted this
system from subsections (c)(3) and (4), (d), (e)(4)(G), (H) and (I), (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  <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="crm16" toc="yes">
<systemNumber>/CRM-016</systemNumber>
<subsection type="systemName"> Records on Persons Who Have Outstanding and Uncollected Federal
Criminal Fines or Federal Bond Forfeitures.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice, Criminal Division, Bond Building, 1400 New York Avenue, NW,
Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Persons who have outstanding and uncollected federal criminal fines or federal bond
forfeitures whose address is presently unknown or was at one time, unknown.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system contains the names of persons, and correspondence relating to such persons, who
have federal criminal fines or federal bond forfeitures outstanding and whose whereabouts are
presently unknown or were, at one time, unknown. The system is maintained to gather information on
the whereabouts of such persons and to assist in federal collection efforts.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintained pursuant to 44 U.S.C. 3101. This system is also
maintained to implement the provisions codified in 28 CFR 0.171(a).
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>A record maintained in this system of records may be disseminatated as a routine use of such
record as follows: (A) In the case of an individual whose whereabouts are unknown, to any individual
organization, or government agency for the purpose of gathering information to locate such person;
or (B) in the case of any individual whose name is contained in the system whether or not his
whereabouts are known as follows: (1) In any case in which there is an indication of a violation or
potential violation of law, whether civil, criminal, or regulatory in nature, the record in question
may be disseminated to the appropriate federal, state, local, or foreign agency charged with the
responsibility of investigating or prosecuting such violation or charged with enforcing or
implementing such law; (2) in the course of investigating the potential or actual violation of any
law, whether civil, criminal or regulatory in nature, or during the course of a trial or hearing or
the preparation for a trial or hearing for such violation, a record may be disseminated to a federal
state, local, or foreign agency, or to an individual or organization if there is reason to believe
that such agency, individual, or organization possesses information relating to the investigation,
trial, or hearing and the dissemination is reasonably necessary to elicit such information or to
obtain the cooperation of a witness or an informant; (3) a record relating to a case or matter may
be disseminated in an appropriate federal, state, local, or foreign court or grand jury proceeding
in accordance with established constitutional, substantive, or procedural law or practices; (4) a
record relating to a case or matter may be disseminated to a federal, state, or local administrative
or regulatory proceeding or hearing in accordance with the procedures governing such proceeding or
hearing; (5) a record relating to a case or matter may be disseminated to an actual or potential
party or his attorney for the purpose of negotiation or discussion on such matters as settlement of
the case or matter, plea bargaining, or informal discovery proceedings; (6) a record may be
disseminated to a federal agency, in response to its request, in connection with the hiring or
retention of an employee, the issuance of a security clearance, the reporting of an investigation of
an employee, the letting of a contract, or the issuance of a license, grant, or other benefit by the
requesting agency, to the extent that the information relates to the requesting agency’s decision on
the matter.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice 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><p>Release of information to Members of Congress. Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration (NARA), and to the
General Services Administration (GSA): A record from a system of records may be disclosed as a
routine use to NARA and GSA in records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>A record contained in this system is stored manually in file jackets.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>A record is retrieved by the name of the individual.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Records are safeguarded and protected in accordance with applicable Department rules.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Currently there are no provisions for disposal of the records in this system.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Attorney General, Criminal Division, U.S. Department of Justice, 10th Street and
Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as the above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to a record from this sytem shall be made in writing, with the envelope
and the letter clearly marked `Privacy Access Request.’ Include in the request the name and address
of the individual involved, his address, his birth date and place, or other identifying number of
information which may be of assistance in locating the record, the name of the case involved, if
known, and the name of the judicial district, if known. The requestor will also provide a return
address for transmitting the information. Access requests will be directed to the System Manager
listed above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individual desiring to contest or amend information maintained in the system should direct
their request to the System Manager listed above, stating clearly and concisely what information is
being contested, the reasons for contesting it, and the proposed amendment to the information
sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system are federal, state, local, or foreign
agencies, and private individuals and organizations.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="crm19" toc="yes">
<systemNumber>/CRM-019</systemNumber>
<subsection type="systemName"> Requests to the Attorney General For Approval of Applications to
Federal Judges For Electronic Interceptions.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice, Criminal Division, 10th and Constitution Avenue, NW, Washington,
DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals who have been the subject of requests by federal investigative agencies for
electronic surveillance.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system contains requests received from federal investigative agencies and federal
prosecutors, and associated documents, seeking the authorization of the Attorney General required by
18 U.S.C. 2516 for an application to a federal court for an order authorizing the interception of a
wire or oral communication in cases involving federal criminal violations. Records concerning
subject matters described in this system may also be contained in JUSTICE/CRM--001.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintained pursuant to 44 U.S.C. 3101. The system is also
maintained to implement the provisions of 18 U.S.C. 2516 and 18 U.S.C. 2519.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>A record maintained in this system of records may be disseminated as a routine use of such
record as follows: 1. In an appropriate federal, state, or local court or grand jury proceeding in
accordance with established constitutional, substantive, or procedural law or practice; 2. to the
requesting agency to notify such agency of the status of the case or matter or of any decision or
determination that has been made; 3. to furnish such information for reports to the Administrative
Office of the United States Courts as is necessary to comply with the reporting provisions of 18
U.S.C. 2519; 4. to a party pursuant to 18 U.S.C. 2518 (8)(d), (9), and (10) and 18 U.S.C. 3504.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice 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><p>Release of information to Members of Congress. Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration (NARA), and to the
General Services Administration (GSA): A record from a system of records may be disclosed as a
routine use to NARA and GSA in records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>A record contained in this system is stored manually in file jackets.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>A record is retrieved by the name of the individual who appears first on the application or
affidavit that is first received.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>The records are safeguarded and protected in accordance with applicable Departmental rules.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Currently there are no provisions for disposal of the records in this system.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Attorney General, Criminal Division, U.S. Department of Justice, 10th and
Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiry concerning this system should be directed to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>The major part of this system is exempted from this requirement under 5 U.S.C. 552a (j)(2),
(k)(1), or (k)(2). To the extent that this system of records is not subject to exemption, it is
subject to access and contest. A determination as to exemption shall be made at the time a request
for access is received. A request for access to a record contained in this system shall be made in
writing, with the envelope and the letter clearly marked "Privacy Access Request" . Include in the
request the name of the individual involved, his birth date and place, or any other identifying
number or information which may be of assistance in locating the record, the name of the case or
matter involved, if known, and the name of the judicial district involved, if known. The requestor
will also provide a return address for transmitting the information. Access requests will be
directed to the system manager listed above. Records in this system are exempt from the access
provisions of the Act in accordance with the applicable exemption notice.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the system manager listed above, stating clearly and concisely what information is
being contested, the reasons for contesting it, and the proposed amendment to the information
sought. Records in this system are exempt from the contesting provisions of the Act in accordance
with the applicable exemption notice.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system are federal investigative agencies, federal
prosecutors, and personnel of the Criminal Division, Department of Justice.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c) (3) and (4), (d), (e) (2)
and (3), (e)(4) (G), (H) and (I), (e)(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 <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="crm21" toc="yes">
<systemNumber>/CRM-021</systemNumber>
<subsection type="systemName"> The Stocks and Bonds Intelligence Control Card File System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice, Criminal Division, Bond Building, 1400 New York Avenue, NW,
Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals, and their known associates, who are actual, potential, or alleged violators, of
statutes dealing with stocks, bonds, and other securities.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system is an alphabetical listing of all individuals, and their associates, who are
actual, potential, or alleged violators of the statutes dealing with counterfeiting, forging, and
theft of stocks, bonds, and other securities including those who traffic, or are suspected of
trafficking, in such stocks, bonds, or other securities. Records concerning subject matters
described in this system may also be contained in JUSTICE/CRM-001.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintained pursuant to 44 U.S.C. 3101, and is intended to
assist in implementing and enforcing the criminal laws of the United States codified in title 18,
United States Code and elsewhere, particularly the laws relating to offenses involving stocks and
bonds. The system is also maintained to implement the provisions codified in 28 CFR 0.55.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>A record maintained in this system of records may be disseminated as a routine use of such
record as follows: (1) In any case in which there is an indication of a violation or potential
violation of law, whether civil, criminal, or regulatory in nature, the record in question may be
disseminated to the appropriate federal, state, local, or foreign agency charged with the
responsibility for investigating or prosecuting such violation or charged with enforcing or
implementing such law; (2) in the course of investigating the potential or actual violation of any
law, whether civil, criminal, or regulatory in nature, or during the course of a trial or hearing or
the preparation for a trial or hearing for such violation, a record may be disseminated to a
federal, state, local, or foreign agency, or to an individual or organization, if there is reason to
believe that such agency, individual, or organization possesses information relating to the
investigation, trial, or hearing and the dissemination is reasonably necessary to elicit such
information or to obtain the cooperation of a witness or an informant; (3) a record relating to a
case or matter may be disseminated in an appropriate federal, state, local, or foreign court or
grand jury proceeding in accordance with established constitutional, substantive, or procedural law
or practice; (4) a record relating to a case or matter may be disseminated to a federal, state, or
local administrative or regulatory proceeding or hearing in accordance with the procedures governing
such proceeding or hearing; (5) a record relating to a case or matter may be disseminated to an
actual or potential party or his attorney for the purpose of negotiation or discussion on such
matters as settlement of the case or matter, plea bargaining, or informal discovery proceedings; (6)
a record relating to a case or matter that has been referred by an agency for investigation,
prosecution, or enforcement, or that involves a case or matter within the jurisdiction of an agency,
may be disseminated to such agency to notify the agency of the status of the case or matter or of
any decision or determination that has been made, or to make such other inquiries and reports as are
necessary during the processing of the case or matter; (7) a record relating to a person held in
custody pending or during arraignment, trial, sentence, or extradition proceedings, or after
conviction or after extradition proceedings, may be disseminated to a federal, state, local, or
foreign prison, probation, parole, or pardon authority, or to any other agency or individual
concerned with the maintenance, transportation, or release of such a person; (8) a record relating
to a case or matter may be disseminated to a foreign country pursuant to an international treaty or
convention entered into and ratified by the United States or to an executive agreement; (9) a record
may be disseminated to a federal, state, local, foreign, or international law enforcement agency to
assist in the general crime prevention and detection efforts of the recipient agency or to provide
investigative leads to such agency; (10) a record may be disseminated to a federal agency, in
response to its request, in connection with the hiring or retention of an employee, the issuance of
a security clearance, the reporting of an investigation of an employee, the letting of a contract,
or the issuance f a license, grant, or other benefit by the requesting agency, to the extent that
the information relates to the requesting agency’s decision on the matter; (11) a record may be
disseminated to the public, news media, trade associations, or organized groups, when the purpose of
the dissemination is educational or informational, such as descriptions of crime trends or
distinctive or unique modus operandi, provided that the record does not contain any information
identifiable to a specific individual other than such modus operandi.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice 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><p>Release of information to Members of Congress. Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration (NARA), and to the
General Services Administration (GSA): A record from a system of records may be disclosed as a
routine use to NARA and GSA in records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>A record contained in this system is stored manually on index cards.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>A record is retrieved by the name of the individual.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Records are safeguarded and protected in accordance with applicable Departmental rules.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Currently there are no provisions for disposal of the records in this system.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Attorney General, Criminal Division, U.S. Department of Justice, 10th Street and
Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiry concerning the system should be directed to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>The major part of this system is exempted from this requirement under 5 U.S.C. 552a (j)(2),
(k)(1), or (k)(2). To the extend that this system of records is not subject to exemption, it is
subject to access and contest. A determination as to exemption shall be made at the time a request
for access is received. A request for access to a record contained in this system shall be made in
writing, with the envelope and the letter clearly marked "Privacy Access Request."  Include in the
request the name of the individual involved, his birth date and place, or any other identifying
number or information which may be of assistance in locating the record, the name of the case or
matter involved, if known, and the name of the judicial district involved, if known. The requester
will also provide a return address for transmitting the information. Access requests will be
directed to the system manager listed above. Records in this system are exempt from the access
provisions of the Act in accordance with the applicable exemption notice.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the system manager listed above, stating clearly and concisely what information is
being contested, the reasons for contesting it, and the proposed amendment to the information
sought. Records in this system are exempt from the contesting provisions of the Act in accordance
with the applicable exemption notice.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system are federal, state, local, and foreign
government agencies and prosecutors, private organizations and individuals, and personnel of the
Department of Justice.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3) and (4), (d), (e)(1),
(2) and (3), (e)(4)(G), (H) and (I), (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 <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="crm22" toc="yes">
<systemNumber>/CRM-022</systemNumber>
<subsection type="systemName"> Witness Immunity Records.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice, Criminal Division, 10th Street and Constitution Avenue NW,
Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Potential or actual witnesses for whom immunity (pursuant to 18 U.S.C. 6001-6005) is
proposed.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system contains background information on the individual and the case of matter in which
he is expected to testify in a processing before or ancillary to a court or grand jury of the United
States or an agency of the United States. The information maintained in the system is entered from
DOJ Form-LAA-111, "Request for Immunity Authorization" , which is completed by the United
States Attorneys, or from other formal requests for immunity from Federal agencies. The system also
contains a record of action taken by the Criminal Division on the request.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintain pursuant to 44 U.S.C. 3101. The system is also
maintained to implement the provisions of 18 U.S.C. 6001-6005 and 18 U.S.C. 2514.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The system is essential to the Division’s efforts in granting immunity requests as stated in
18 U.S.C. 6001-6005. Requests for immunity may be made by a United States Attorney or a
Federal agency.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>(1) A record may be disseminated to a federal, state, local, or foreign law enforcement
agency to alert such agency to the proposed immunity or, to the extent necessary for identification
purposes, to elicit information concerning the potential or actual witness which may be necessary to
an evaluation of the proposed immunity; (2) a record relating to a proposed immunity that has been
referred to the Department of Justice for approval, may be disseminated to the referring agency to
notify such agency of the status of the referral or of any decision or determination that has been
made.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Paper documents are stored in file folders in locked cabinets; selected summary data are
stored on magnetic disks and on manual index cards which are also kept in locked cabinets.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Summary data, e.g., names, request numbers, dates of receipt and completion are retrieved
from manual index cards for requests received prior to June 1986; for June 1986 and subsequent
years, summary data are retrieved from magnetic disks. File folders are accessed through the manual
or automated indexes.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>The records are safeguarded and protected in accordance with applicable Departmental rules.
Security for the automated records include strictly controlled access codes and passwords. Only
authorized Criminal Division employees will have access to the system.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Dispose 10 years after close of request.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Attorney General, Criminal Division, U.S. Department of Justice, 10th Street and
Constitution Avenue NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>The major part of this system is exempted from this requirement pursuant to 5 U.S.C. 552a
(j)(2) or (k)(2). Inquiry concerning this system should be directed to the System Manager listed
above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>The major part of this system is exempted from this requirement pursuant to 5 U.S.C. 552a
(j)(2) or (k)(2). To the extent that this system of records is not subject to exemption, it is
subject to access and contest. A determination as to exemption shall be made at the time a request
for access is received. A request for access to a record from this system shall be made in writing,
with the envelope and the letter clearly marked "Privacy Access Request" . Include in the request
the name of the individual involved, his birth date and place, or other identifying number of
information which may be of assistance in locating the record, the name of the case or matter
involved, if known, and the name of the judicial district involved, if known. The requester will
also provide a return address for transmitting the information. Access requests will be directed to
the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring the contest or amend information maintained in the system should direct
their request to the System Manager listed above, stating clearly and concisely what information is
being contested, the reasons for contesting it, and the proposed amendment to the information
sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>1. Federal government prosecutors; 2. Federal agencies; 3. Department of Justice attorneys
and personnel.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c) (3) and (4), (d), (e)
(2), (3) and (e)(4) (G), (H) and (I), (e)(8), (f) and (g) of the Privacy Act pursuant to 5 U.S.C.
552a (j)(2) and (k)(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 <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="crm25" toc="yes">
<systemNumber>/CRM-025</systemNumber>
<subsection type="systemName"> Tax Disclosure Index File and Associated Records.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice, Criminal Division, Bond Building, 1400 New York Avenue NW,
Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Taxpayers about whom the Criminal Division has requested and/or obtained disclosure of tax
material from the Internal Revenue Service pursuant to 26 U.S.C. 6103.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system contains all requests for tax material, any such material provided by the
Internal Revenue Service or duplicated or extracted by the Criminal Division from such material, and
related records necessary to the application for and/or safeguarding of such material received on or
after January 1, 1977.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintained pursuant to 26 U.S.C. 6103(p)(4).
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>A record maintained in this system of records may be disseminated as a routine use of such
record (A) to any officer or employee of the Criminal Division who is personally and directly
engaged in preparation for any proceeding (or investigation which may result in such proceeding)
pertaining to the enforcement of a specifically designated Federal criminal statute not involving
tax administration or to the enforcement of a Federal criminal statute in any matter involving tax
administration; and (B) to any person outside of the Criminal Division where such dissemination is
or reasonably appears to be in furtherance of proper preparation for any proceeding (or
investigation which may result in such proceeding) pertaining to the enforcement of a specifically
designated Federal criminal statute not involving tax administration or to the enforcement of a
Federal criminal statute in any manner involving tax administration. Such dissemination shall be
permitted to the extent authorized under 26 U.S.C. 6103(h), 26 U.S.C. 6103(i), 26 CFR 404.6103(h)(2)
-1, 26 CFR 404.6103(i)-(l), and Rule 6(e), FR Crim. P. The above mentioned routine uses
include the following:
</p><p>(1) Dissemination to an attorney of the Criminal Division assigned responsibility with respect to
an above-mentioned proceeding or an investigation which may result in such proceeding;
</p><p>(2) Dissemination to an officer or employee of the Department of Justice with supervisory or
clerical responsibility with respect to an above-mentioned proceeding, or an investigation which may
result in such proceeding;
</p><p>(3) Dissemination to an officer or employee of another Federal agency (as defined at 5 U.S.C.
551(l)) with investigative, supervisory, or clerical responsibility working under the direction and
control of such attorneys of the Department of Justice as are assigned responsibility with respect
to an above-mentioned proceeding, or an investigation which may result in such proceeding;
</p><p>(4) Dissemination to a taxpayer to whom such record relates, or to such taxpayer’s legal
representative, to properly interview, consult, depose, or interrogate or otherwise obtain
information relevant to an above-mentioned proceeding, or an investigation which may result in such
proceeding, from such taxpayer or his legal representative;
</p><p>(5) Dissemination during the course of an investigation which may result in an above-mentioned
proceeding to any witness who may be called on to give evidence in such a proceeding to properly
interview, consult, depose, or interrogate or otherwise obtain relevant information from such
potential witness;
</p><p>(6) Dissemination to any person having special knowledge or technical skills (such as handwriting
analysis, photographic development, sound recording enhancement, or voice identification) to
properly obtain the services of such person in an above-mentioned proceeding, or an investigation
which may result in such proceeding;
</p><p>(7) Dissemination to an officer or employee of the Department of Justice, another Federal agency
(as defined at 5 U.S.C. 551(l)), or a foreign government to properly utilize international contacts
and judicial assistance in an above-mentioned proceeding, or an investigation which may result in
such proceeding;
</p><p>(8) Dissemination to an officer or employee of the Internal Revenue Service to obtain additional
disclosure pursuant to 26 U.S.C. 6103 in an above-mentioned proceeding, or an investigation which
may result in such proceeding;
</p><p>(9) Dissemination to a Federal grand jury;
</p><p>(10) Dissemination to an officer or employee of the Department of Justice to obtain a court order
to compel testimony pursuant to 18 U.S.C. 6002 and 6003 in any above-mentioned proceeding, or an
investigation which may result in such proceeding;
</p><p>(11) Dissemination to any party to an above-mentioned proceeding, to properly conduct
negotiations concerning, or obtain authorization for, disposition of the proceeding, in whole or in
part, or to obtain stipulations of fact in connection with the proceeding;
</p><p>(12) Dissemination to a judicial or administrative body (such as the United States Parole
Commission) in an above-mentioned proceeding or in preparation therefore, or in any post-conviction
proceeding resulting from an above-mentioned proceeding;
</p><p>(13) Dissemination to a court reporter in an above-mentioned proceeding, or as required, in
preparation therefor.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>A record contained in this system is stored manually on index cards and in file jackets.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>A record is retrieved by name of the taxpayer in indices maintained in individual sections
of the Criminal Division.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Records are safeguarded in accordance with Department of Justice rules and procedures.
Buildings in which records are located are under security guard, and access to premises is by
official identification. Records are stored in spaces which are locked outside of normal office
hours and in safe type filing cabinets which are locked when not being accessed. Access to such
cabinets is limited to Division personnel whose duties and responsibilities require such access and
to whom access may be permitted. A record of access is kept which indicates the name of each person
who gains access to material from the secured area and the date and time of each access.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records not retained are returned to the Internal Revenue Service or rendered undisclosable
in accordance with 26 U.S.C. 6103(p)(4)(f)(ii). Currently there are no provisions for disposal of
records contained in this system that are not returned to the Internal Revenue Service or are
otherwise rendered undisclosable.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Attorney General, Criminal Division, U.S. Department of Justice, 10th Street and
Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>The major part of this system is exempted from this requirement under 5 U.S.C. 552a(j)(2).
Inquiry concerning the system should be addressed to the system manager listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>The major part of this system is exempted from this requirement under 5 U.S.C. 552a(j)(2).
To the extent that this system of records is not subject to exemption, it is subject to access and
contest. A determination as to exemption shall be made at the time a request for access is received.
A request for access to a record contained in this system shall be made in writing, with the
envelope and the letter clearly marked `Privacy Access Request.’ Include in the request the name of
the individual involved, his birth date and place or any other identifying number or information
which may be of assistance in locating the record, the name of the case or matter involved, if
known, and the name of the judicial district involved, if known. The requestor will also provide a
return address for transmitting the information. Access requests will be directed to the system
manager listed above. Records in this system are exempt from the access provisions of the Act in
accordance with the applicable exemption notice.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Taxpayers desiring to contest or amend information maintained in the system should direct
their request to the system manager listed above, stating clearly and concisely what information is
being contested, the reasons for contesting it, and the proposed amendment to the information
sought. Records in this system are exempt from the contesting provisions of the Act in accordance
with the applicable exemption notice.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system are the Internal Revenue Service, Federal
investigative agencies, Federal prosecutors, and personnel of the Criminal Division, Department of
Justice.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c) (3) and (4), (d), (e)
(1), (2) and (3), (e)(4)(G), and (H) and (I), (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 <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="crm26" toc="yes">
<systemNumber>/CRM-026</systemNumber>
<subsection type="systemName">International Prisoner Transfer Case Files/International Prisoner Transfer Tracking System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice, Criminal Division, Office of Enforcement Operations, 950
Pennsylvania Ave., NW., Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Prisoners transferred to or from prisons in the United States under international prisoner
transfer treaties between the United States and foreign nations. Please note that prisoners being
transferred from prisons in the United States pursuant to international prisoner transfer treaties
are primarily foreign nationals who are generally not protected by the Privacy Act. In rare cases,
such individuals may hold dual citizenship or may be lawful permanent residents of the United
States. Accordingly, the purpose of this notice is to cover only United States Citizens and lawful
permanent residents who are included in this information system.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Paper Files: The system contains the individual case files of prisoners who have applied for
or been granted transfers to serve the balance of their sentences in their native countries. This
includes both United States citizens who have applied to return to the United States and foreign
nationals who have applied to be transferred to foreign countries. The system may include, but is
not limited to, the following information: The application for transfer; investigatory material;
court-related documents; prison progress reports; media reports; official and other correspondence;
and interagency and intra-agency reports and recommendations and decisional documents relating to
individual transfer matters.
</p><p>Computerized Records: The system also includes an automated database for tracking the handling of
prisoner transfer cases from application to final action. Information used to track such progress
may include, but is not limited to, the prisoner’s name, social security number, birth date, place
of birth, offenses and sentencing information and other case-related information.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The system is maintained to implement the provisions of 18 U.S.C. 4100 et. seq. The records
maintained in the system are used to evaluate international prisoner transfer applications to
determine whether a particular application should be granted or denied, to respond to inquiries
regarding transfer applications and determinations, to respond to subsequent litigation relating to
prisoner transfer determinations and/or the validity of prisoner consent, and to permit periodic
reports to Congress and others on matters relating to international prisoner transfers.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Records, or information derived therefrom, in this system of records may be disclosed to the
following:
</p><p>(a) In appropriate proceedings before a court, grand jury, or administrative or regulatory body
when records are determined by the Department of Justice, or the adjudicator, to be arguably
relevant to the proceeding.
</p><p>(b) A State, territorial, local or foreign government, at its request, when the record relates to
one of its past or present prisoners.
</p><p>(c) Such recipients and under such circumstances and procedures as are authorized by Federal
statute or treaty.
</p><p>(d) An appropriate Federal, State, territorial, local, foreign, or tribal law enforcement
authority or other appropriate agency charged with the responsibility for investigating or
prosecuting a violation or potential violation of law (whether civil, criminal, or regulatory in
nature).
</p><p>(e) A Federal, State, territorial, local, foreign or tribal agency, including prosecution,
corrections, sentencing, or parole authorities, in order to assist in the execution of appropriate
actions necessary to implement an international prisoner transfer decision, or in the performance of
its official duties.
</p><p>(f) Any Federal government agency for all purposes relating to the monitoring and control of
entry of individuals into the United States.
</p><p>(g) 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.
</p><p>(h) 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.
</p><p>(i) The 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.
</p><p>(j) Current and former government employees, including law enforcement and judicial authorities,
whose comments on a particular prisoner transfer matter are solicited by the International Prisoner
Transfer Unit in connection with its investigation and review of such a case, in order to enable
such persons to formulate a response to the request.
</p><p>(k) 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.
</p><p>(l) Former employees 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 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Electronic data is stored in electronic media via a configuration of client/server and
personal computer. Computerized records are stored on hard disk, floppy diskettes, or compact disks.
Paper records and electronic media recordings of prisoner transfer consent verification hearings are
stored in individual file folders and file cabinets with controlled access, and/or other appropriate
GSA approved security containers.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Individual case files are retrieved by a file number assigned to each individual who applies
for or is granted a transfer. Information stored in the computerized case tracking system is
retrieved primarily by searching under the name and/or Federal Bureau of Prisons’ register number,
or other inmate number, assigned to the person who applied for or was granted a transfer.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Paper records are secured through the use of safes and/or restricted access to the space in
which files are located. Electronic records are safeguarded in accordance with DOJ rules and
policies governing automated systems security and access, including the maintenance of technical
equipment in restricted areas and the required use of individual passwords and user identification
codes to access the system.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Individual case files are stored in the International Prisoner Transfer Unit’s work area
while the prisoner transfer request is pending, and generally for up to three years after the date
of closing. Cases are closed upon completion of prisoner transfer, denial of transfer, or prisoner
withdrawal of request to transfer. Thereafter, files are transferred to the Washington National
Records Center in Suitland, Maryland or other designated records center. In accordance with Records
Disposition Authority N1-60-93-16, all case files are retained for not less than
thirty years after being closed. Thereafter, files may be destroyed, except that specific files,
designated as significant because of widespread public interest, are transferred to the National
Archives and Records Administration for permanent retention.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Attorney General, Criminal Division, FOIA/PA Unit, U.S. Department of Justice, 950
Pennsylvania Avenue, NW., Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiry concerning this system should be in writing and made to the system manager listed
above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to a record contained in this system shall be made in writing to the
system manager, with the envelope and letter clearly marked "Privacy Act Request."  The request
shall include the name of the individual involved, his birth date and place, or any other
identifying number or information which may be of assistance in locating the record, and the name of
the case or matter involved. The requester shall also provide a signature (which must be either
notarized or submitted under penalty of perjury) and a return address for transmitting the
information.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the system manager listed above, stating clearly and concisely what information is
being contested, the reasons for contesting it, and the proposed amendment to the information.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Court records, prisoner statements, and communications with other components and agencies of
the United States and foreign governments.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="crm27" toc="yes">
<systemNumber>/CRM-027</systemNumber>
<subsection type="systemName"> Office of Special Investigations (OSI) Displaced Persons Listings.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice, Criminal Division, Bond Building, 1400 New York Avenue, NW,
Washington, DC 20530, and Federal Records Center, Suitland, Maryland 20409.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals who applied for entry visas into the United States under the Displaced Persons
Acts in force from 1948 to 1952 and for whom the United States Army Counterintelligence Corps
assembled visa investigation files.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system consists of alphabetical indexes bearing the names of persons who applied for
entry visas under the Displaced Persons Acts, their visa applications, investigative reports and any
other supporting documents.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintained pursuant to 44 U.S.C. 3101 and is intended to
assist in implementing and enforcing the criminal laws of the United States, particularly those
Criminal Statutes codified in "Criminal Laws,"  United States Code. The system is also maintained to
implement the provisions codified in 28 CFR 0.55 and 0.61.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>These records are used by OSI personnel as source material to locate potential witnesses who
might be able to provide information of investigative interest. However, a record maintained in this
sytem of records may be disseminated as a routine use of such record as follows: (1) Records, or
some part thereof, relating to a particular visa applicant, may become a part of an investigative
record maintained in a published system of records entitled "Central Criminal Division Index File
and Associated Records, JUSTICE/CRM-001"  and be subject to the routine uses of that system;
(2) a record relating to a case or matter may be disseminated to a foreign country pursuant to an
international treaty or convention entered into and ratified by the United States or to an executive
agreement; (3) a record may be disseminated to a Federal, State, local, foreign, or international
enforcement agency to assist in the general crime prevention and detection efforts of the recipient
agency or to provide investigative leads to such agency; and (4) a record may be disseminated to a
foreign country, through the United States Department of State or directly to the representative of
such country, to the extent necessary to assist such country in apprehending and/or returning a
fugitive to a jurisdiction which seeks his return.
</p><p>Release of information to the news media:
</p><p>Information permitted to be released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department of Justice 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><p>Release of information to Members of Congress. Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Index records in this system will be stored by name and control number on an IBM System/38.
The actual records are papers in files stored in file boxes on shelves in locked record storage
rooms.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records stored in this system can be retrieved by the name of the individual, and by the
control number of the record.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Appropriate steps have been taken to preserve security and minimize the risk of unauthorized
access to the system. Staff members who use the computer to input data or who have access to the
stored data have been given specific identification codes or passwords by the system security
officer which will restrict access to specific data. The files will be kept in a locked room with
restricted access.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Currently there are no provisions for the disposal of records in the system.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Attorney General, Criminal Division, U.S. Department of Justice, 10th and
Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquire in writing to the system manager listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Portions of this system are exempt from disclosure and contest by 5 U.S.C. 552a(k)(2). Make
all requests for access to those portions not so exempted by writing to the system manager
identified above. Clearly mark the envelope and letter "Privacy Access Requests;"  provide the full
name and notarized signature of the individual who is the subject of the record, his/her date and
place of birth, or any other identifying number or information which may assist in locating the
record; and, a return address.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Direct all requests to contest or amend information maintained in the system to the system
manager listed above. State clearly and concisely what information is being contested, the reasons
for contesting it, and the proposed amendment to the information.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The information in this system was originally compiled during the course of investigations
undertaken by the United States Army Counter Intelligence Corps pursuant to the Displaced Persons
Acts in effect from 1948 to 1952. For the most part, the information in this system was obtained
directly from the visa applicant himself, but the records would also contain information from other
individuals or entities which would have shed light on the information supplied by the visa
applicant.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted certain categories of records in this system from
subsection (d) of the Privacy Act pursuant to 5 U.S.C. 552a(k)(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 <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
    <section id="crm29" toc="yes">
        <systemNumber>/CRM-029</systemNumber>
        <subsection type="systemName"> United States Victims of State Sponsored Terrorism Fund (USVSSTF) File System.</subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p> Unclassified.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>
                    Records in this system are located at: U.S. Department of Justice, Criminal Division, 950 Pennsylvania Avenue, NW., Washington, DC, 20530; Federal Records Center, Suitland, MD; 20409, 5151 Blazer Parkway, Suite A, Dublin, OH, 43017; and 1985 Marcus Avenue, Suite 200, Lake Success, NY, 11042.
                </p>
                </xhtmlContent>
    </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>
                    The system covers: those individuals claiming eligibility for compensation from the United States Victims of State Sponsored Terrorism Fund, including the personal representative of any decedent’s estate, or legal counsel representing the claimant; and those DOJ employees, including contractors, that are administering, assessing, and adjudicating the claims.
                </p>
                </xhtmlContent>
    </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>
                    Application forms filed by or on behalf of claimants seeking benefits under the Fund; documentation submitted in support of claims; legal, personal, financial, insurance, tax, and other records obtained or generated to assess, adjudicate, and pay claims.
                </p>
                </xhtmlContent>
    </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>Justice for United States Victims of State Sponsored Terrorism Act, enacted into law as Title IV, Division O, section 404 of the Consolidated Appropriations Act, 2016, Pub. L. 114-113, codified at 42 U.S.C. 10609 (2015).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>These records are collected or generated for the purpose of determining eligibility of and compensation to claimants under the United States Victims of State Sponsored Terrorism Act.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>A record maintained in this system of records may be disseminated as a routine use of records as follows:  </p>
                <p>(a)  To the Department of Treasury to ensure that any recipients of federal payments who also owe delinquent federal debts have their payment offset or withheld or reduced to satisfy the debt.</p>
                <p>(b)  Where a record, either alone or in conjunction with other information, indicates a violation or potential violation of law – criminal, civil, or regulatory in nature – the relevant records may be referred to the appropriate federal, state, local, territorial, tribal, or foreign law enforcement authority or other appropriate entity charged with the responsibility for investigating or prosecuting such violation or charged with enforcing or implementing such law.</p>
                <p>(c)  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.</p>
                <p>(d)  To an actual or potential party to litigation or the party’s authorized representative for the purpose of negotiation or discussion of such matters as settlement, plea bargaining, or in informal discovery proceedings.</p>
                <p>(e)  To the news media and the public, including disclosures pursuant to 28 C.F.R. § 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>
                <p>(f)  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.</p>
                <p>(g)  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.</p>
                <p>(h)  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.</p>
                <p>(i)  To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.</p>
                <p>(j) 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.</p>
                <p>(k) To another Federal agency or Federal entity, when the Department 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.</p> 
                <p>Disclosure To Consumer Reporting Agencies:</p>
                <p>None</p>
                  </xhtmlContent></subsection>
        <subsection Type="policiesAndPractices">
            <xhtmlContent>
                <p>Storage:</p>
                <p>Records are maintained in a hard-copy, paper format in filing cabinets in a secure room. Electronic data is stored in electronic media via a configuration of client/servers and personal computers. Records are stored in accordance with applicable executive orders, statutes, and agency implementing regulations.</p>
            </xhtmlContent>
        </subsection>
            <subsection type="retrievability">
                <xhtmlContent>
                    <p>Files and automated data are retrieved by name of a claimant, the personal representative, or legal counsel of a claimant, claim number, Social Security Number and/or Tax Identification Number.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="safeguards">
                <xhtmlContent>
                    <p>Information in this system is maintained in accordance with applicable laws, rules, and policies on protecting individual privacy.  Access to the servers storing electronic data and the backup tapes is controlled by a card-key security system with access provided only to appropriate personnel.  Backup tapes stored offsite are maintained in accordance with a government contract that requires adherence to applicable laws, rules, and policies on protecting individual privacy.  Internet connections are protected by multiple firewalls.  Security personnel conduct periodic vulnerability scans to ensure security compliance and access reviews are conducted on a regular basis.  User access requires two factor RSA authentication and user access is determined by the minimal amount of user authorization necessary to complete their job.  Paper records are maintained in a secure room.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="retentionAndDisposal">
                <xhtmlContent>
                    <p>
                        Records are to be retained and disposed of in accordance with agency retention plans.
                    </p>
                    </xhtmlContent>
    </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Assistant Attorney General, Criminal Division, U.S. Department of Justice, 950 Pennsylvania Avenue, NW., Washington, DC, 20503-0001.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>Same as "Record Access Procedures," below.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>All requests for access must be in writing and should be addressed to: Chief, FOIA/PA Unit, Criminal Division, Department of Justice, 950 Pennsylvania Avenue, NW., Washington, DC, 20530-0001 or crm.foia@usdoj.gov.  The communication 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 either notarized or submitted under penalty of perjury.</p>
                <p>Although no specific form is required, you may obtain forms for this purpose 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 on the Department of Justice Web site at http://www.justice.gov/oip/oip-request.html.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>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, stating clearly and concisely what information is being contested, the reasons for contesting it, and the proposed amendment to the information sought.  The communication should be clearly marked "Privacy Act Amendment Request."</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>
                    Individuals or entities having information pertinent to the adjudication of compensation claims, including but not limited to: injured individuals; personal representatives of deceased individuals; eligible claimants; family members; physicians and other medical professionals, hospitals, and clinics; insurers, employers, and their agents and representatives.
                </p>
                </xhtmlContent>
    </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None. </p>
           </xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p>81 FR 45539 (July 14, 2016): Last published in full.</p>
            </xhtmlContent>
        </subsection>
    </section>


    <section id="dea1" toc="yes">
<systemNumber>/DEA-001</systemNumber>
<subsection type="systemName">Air Intelligence Program.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Drug Enforcement Administration, 1405 Eye Street, NW, Washington, DC 20537. Also, field
offices. See Appendix 1 for list of addresses.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>(A) Aircraft Owners; (B) Licensed Pilots.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>(A) FAA Civil Aircraft Registry; (B) FAA Aircraft Owners Registry; (C) FAA Airman Directory;
(D) Entries into NADDIS.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The System is maintained to provide intelligence and law enforcement activities pursuant to
the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Pub. L. 91-513) and
Reorganization Plan No. 2 of 1973.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The system provides a research data base for identification of aircraft, aircraft owners and
pilots that are known or suspected of involvement in illicit air transportation of narcotics.
Information developed from this system is provided to the following categories of users for law
enforcement purposes on a routine basis: (A) Other Federal law enforcement agencies; (B) State and
local law enforcement agencies; (C) Foreign law enforcement agencies with whom DEA maintains
liaison.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice unless it is determined that release of the specific information in the
content of a particular case would constitute an unwarranted invasion of personal privacy.
</p><p>Release of information to Members of Congress: Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration (NARA) and to the
General Services Administration (GSA): A record from a system of records may be disclosed as a
routine use to the NARA and GSA in records management inspections conducted under the authority of
44 U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Reference materials are maintained on microfiche. Information developed from the reference
materials is entered onto the NADDIS magnetic tape.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>This system is indexed by name and identifying numbers.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>This system of records is maintained at DEA Headquarters which is protected by twenty-four
hour guard service and electronic surveillance. Access to the building is restricted to DEA
employees and those persons transacting business within the building who are escorted by DEA
employees. Access to the system is restricted to authorized DEA employees with appropriate clearance
on a need-to-know basis.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Reference materials are retained until updated and then destroyed. Entries into NADDIS are
retained for twenty-five years.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Deputy Assistant Administrator, Office of Intelligence, Drug Enforcement Administration,
1405 Eye Street, NW, Washington, DC 20537.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>The reference materials in this system are matters of public record. Information developed
from this system and entered into the Narcotics and Dangerous Drug Information System (NADDIS) has
been exempted from compliance with subsection (d) of the Act by the Attorney General.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as the above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Federal Aviation Administration.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>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), (g), (h) of the Privacy Act pursuant to 5
U.S.C. 552a (j) and (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 the <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="dea3" toc="yes">
<systemNumber>/DEA-003</systemNumber>
<subsection type="systemName">Automated Records and Consolidated Orders System/Diversion Analysis and Detection System
(ARCOS/DADS).
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Not Classified.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Drug Enforcement Administration, 700 Army Navy Drive, Arlington, VA 22202. Field offices are
identified on the DEA website at www.dea.gov.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Persons registered with the DEA under the Comprehensive Drug Abuse Prevention and Control
Act of 1970. This includes any person who manufactures, manages, distributes, or proposes to
manufacture, manage, or distribute any controlled substance or List 1 chemical, and every person who
dispenses or proposes to dispense any controlled substance. Typically, these persons include
licensed professionals such as doctors, dentists, pharmacists, or pharmaceutical manufacturers, as
well as importers and chemical manufacturers.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The information contained in this system consists of documentation of individual business
transactions between individuals who handle controlled substances at every level, from manufacturers
down to ultimate consumers. Records include copies of controlled substances inventories, drug codes,
deletion and adjustment reports, receipts, purchase orders, and prescriptions, and include the date
of the transaction, the name, quantity, and quality of the chemicals/substances purchased or
dispensed, the parties to the transaction, and the DEA registrant numbers. This information provides
an audit trail of all manufactured and/or imported controlled substances. Information can be
retrieved from this system of records by use of various data elements such as name, address, DEA
registrant number, name of business, or social security number.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system of records is maintained pursuant to the reporting requirements of the
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 826(d)) and to fulfill the
United States treaty obligations under the Single Convention on Narcotic Drugs and the Convention on
Psychotropic Substances of 1971.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent>
<p>This system is used to track and report the transfer of pharmaceuticals and to detect
potential diversion.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Information contained in this system may be disclosed to the following categories of users
for the purposes stated:
</p><p>A. Where a record, either on its face or in conjunction with other information, indicates a
violation or potential violation of law--criminal, civil, or regulatory in nature--the
relevant records may be referred to the appropriate federal, state, local, foreign, or tribal, law
enforcement authority or other appropriate agency charged with the responsibility of investigating
or prosecuting such a violation or enforcing or implementing such law.
</p><p>B. To the International Narcotics Control Board as required by United States treaty obligations.
</p><p>C. 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.
</p><p>D. 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.
</p><p>E. To the National Archives and Records Administration in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>F. 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.
</p><p>G. The Department of Justice may disclose relevant and necessary information 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.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>All automated data files associated with ARCOS/DADS are maintained in the Department of
Justice Data Center and the Drug Enforcement Administration Data Center.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records on individuals are retrieved by name and DEA registration number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>The portion of the records maintained in DEA headquarters is protected by twenty-four hour
guard service and electronic surveillance. Access to all DEA facilities is restricted to DEA
employees and those persons transacting business within the building who are escorted by DEA
employees. Access to the system is restricted to DEA employees who have appropriate security
clearances on a need to know basis. Access to automated records requires user identification numbers
which are issued to authorized DEA employees.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Input data received from registrants is maintained for 60 days for backup purposes and then
destroyed by shredding or electronic erasure. ARCOS master inventory records are retained for eight
consecutive calendar quarters. As the end of a new quarter is reached, the oldest quarter of data is
purged from the record. ARCOS transaction history will be retained for a maximum of five years and
then destroyed.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement
Administration, Washington, DC 20537.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries should be addressed to Freedom of Information Section, Drug Enforcement
Administration, Washington, DC 20537. Inquiries should include inquirer’s name, date of birth, and
social security number.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as the above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as the above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information is obtained from registrants under the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. 826(d)).
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3) and (d) of the Privacy
Act pursuant to 5 U.S.C. 552a(k)(2). These exemptions are codified at 28 CFR 16.98. Rules have been
promulgated in accordance with the requirements of 5 U.S.C. 553 (b), (c) and (e).
</p></xhtmlContent></subsection></section>
<section id="dea5" toc="yes">
<systemNumber>/DEA-005</systemNumber>
<subsection type="systemName">Controlled Substances Act Registration Records (CSA).
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Drug Enforcement Administration, 1405 Eye Street NW, Washington, DC 20537. Also, field
offices. See Appendix 1 for list of addresses.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Records are maintained on the following categories of individuals registered under the
Controlled Substances Act including registrants doing business under their individual name rather
than a business name: (A) Physicians and related practitioners; (B) Dentists; (C) Veterinarians; (D)
Persons conducting research with controlled substances; (E) Importers of controlled substances; (F)
Exporters of controlled substances; (G) Manufacturers of controlled substances; (H) Distributors of
controlled substances; (I) Pharmacies.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The Controlled Substances Act Registration Records are maintained in a manual system which
contains the original of the application for registration under 224, 224a, 225, 225a, 226, 227, 268,
and 363a, order forms (DEA-222’s) and any correspondence concerning a particular registrant.
In addition, the same basic data is maintained in an automated system for quick retrieval.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The Drug Enforcement Administration is required under the Comprehensive Drug Abuse
Prevention and Control Act of 1970 (Pub. L. 91-513) to register all handlers of controlled
substances.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Controlled Substances Act Registration Records produce special reports as required for
statistical analytical purposes. Disclosures of information from this system are made to the
following categories of users for the purposes stated: (A) Other Federal law enforcement and
regulatory agencies for law enforcement and regulatory purposes; (B) State and local law enforcement
and regulatory agencies for law enforcement and regulatory purposes; (C) Persons registered under
the Controlled Substances Act (Pub. L. 91-513) for the purpose of verifying the registration
of customers and practitioners.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice 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><p>Release of information to Members of Congress: Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration (NARA) and to the
General Services Administration (GSA): A record from a system of records may be disclosed as a
routine use to the NARA and GSA in records management inspections conducted under the authority of
44 U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The automated portion of this system is maintained on magnetic tape and the manual portion
is by batch.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>The automated system is retrieved by name and registration number. The manual portion is
filed in batches by date the application was processed. A microfiche system of the names by State is
maintained for quick reference purposes. In addition, a number of telecommunication terminals have
been added to the existing network.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>This system of records is maintained in DEA Headquarters which is protected by twenty-four
hour guard service and electronic surveillance. Access to the building is restricted to DEA
employees and those persons transacting business within the building who are escorted by DEA
employees. Access to the system is restricted to DEA personnel on a need-to-know basis. A specific
computer program is necessary to extract information. Information that is retrievable by terminals
requires user identification numbers which are issued to authorized employees of the Department of
Justice.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records in the manual portion of the system are retired to the Federal Records Center after
one year and destroyed after eight years. The automated data is stored in the Department of Justice
Computer Center and destroyed after five years.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement
Administration, 1405 Eye Street NW, Washington, DC 20537.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries should be addressed to Freedom of Information Section, Drug Enforcement
Administration, 1405 Eye Street NW, Washington, DC 20537. Inquiries should include inquirer’s name,
date of birth, and social security number.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as the above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as the above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information contained in this system of records is obtained from: (A) Registrants and
applicants under the Controlled Substances Act (Pub. L. 91-513); (B) DEA Investigators.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3), (d), (e)(4) (G) and
(H), (f) of the Privacy Act pursuant to 5 U.S.C. 552a(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 the <i>Federal
Register</i>.
</p></xhtmlContent></subsection></section>
<section id="dea7" toc="yes">
<systemNumber>/DEA-007</systemNumber>
<subsection type="systemName">International Intelligence Data Base.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Drug Enforcement Administration, 1405 I Street NW, Washington, DC
20537. Also, field offices. See Appendix 1 for list of addresses.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Known and suspected drug traffickers.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>(A) Intelligence reports; (B) Investigative
reports; (C) Subject files.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is maintained for law enforcement
and intelligence purposes pursuant to the Comprehensive Drug Abuse Prevention and Control Act of
1970, Reorganization Plan No. 2 of 1973 and the Single Convention on Narcotic Drugs.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>This system is maintained to further criminal investigations through the
collation, analysis and dissemination of intelligence information. This system produces the
following reports: (a) Tactical, operational and strategic intelligence reports; (b) Major
organizational reports; (c) Network analysis; (d) Trafficker profiles; (e) Intelligence briefs on
prior experience with individuals, firms, countries, etc.; (f) Country profiles; (g) Country
Intelligence Action Plans; (h) Current Situational reports; (i) Special reports as requests; (j)
Drug patterns and trends and drug trafficking from source to U.S. distributors.
</p><p>In addition, information is provided to the following categories of users for law enforcement
purposes on a routine basis: (A) Other Federal law enforcement agencies; (B) State and local law
enforcement agencies; (C) Foreign law enforcement agencies with whom DEA maintains liaison; (D) U.S.
Intelligence and Military Intelligence Agencies involved in drug enforcement; (E) U.S. Department of
State; (F) Committees and working groups under the Strategy Council on Drug Abuse.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice 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><p>Release of information to Members of Congress: Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Release of Information to the National Archives and Records Administration: A record from a
system of records may be disclosed as a routine use to the National Archives and Records
Administration (NARA) in records management inspections conducted under the authority of 44 U.S.C.
2904 and 2906.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage: </p><p>These records are maintained in standard case files and on index cards.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>The system is indexed by name and subject category and retrieved by use
of a card file index.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>This system of records is maintained at DEA Headquarters which is protected
by twenty-four hour guard service and electronic surveillance. Access to the building is restricted
to DEA employees and those persons transacting business within the building who are escorted by DEA
employees. In addition, all records contained in this system are stored in GSA approved security
containers. Access to the System is restricted to authorized DEA personnel with Secret Clearance or
above.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>The records contained in this system are currently retained for
an indefinite period.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Administrator for Intelligence, Drug
Enforcement Administration, 1405 I Street NW, Washington, DC 20537.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries should be addressed to Freedom of Information Unit,
Drug Enforcement Administration, 1405 I Street NW, Washington, DC 20537. Inquiries should include
inquirer’s name, date of birth, and social security number.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as Notification Procedure.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as Notification Procedure.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>(A) Other Federal Agencies; (B) State and local law
enforcement agencies; (C) Foreign law enforcement agencies; (D) Confidential informants.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted
this system from subsections (c)(3) and (4), (d), (e)(1), (2) and (3), (e)(4)(G), (H), (e)(5) and
(8), (f), (g), and (h) of the Privacy Act pursuant to 5 U.S.C. 552a(j) and (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 the <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="dea8" toc="yes">
<systemNumber>/DEA-008</systemNumber>
<subsection type="systemName">Investigative Reporting and Filing System.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Classified and unclassified information.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records in this system are located at the Headquarters Offices of the Drug Enforcement
Administration (DEA) in the Washington, DC area, at DEA field offices around the world, at
Department of Justice Data Centers, at the DEA Data Center, at secure tape backup storage
facilities, and at Federal Records Centers. See www.dea.gov for DEA office locations.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>A. Drug offenders;
</p><p>B. Alleged drug offenders;
</p><p>C. Persons suspected of conspiring to commit, aiding or abetting the commission of, or committing
a drug offense;
</p><p>D. Defendants and respondents; and
</p><p>E. Other individuals related to, or associated with, DEA’s law enforcement investigations into
and intelligence operations about the individuals described above in subcategories A through D,
including witnesses, confidential sources, and victims of crimes.
</p><p>The offenses and alleged offenses associated with the individuals described above may include
criminal, civil, and administrative violations of the Comprehensive Drug Abuse Prevention and
Control Act of 1970, as amended and related statutes.
</p><p>F. System users in connection with audit log information.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system contains law enforcement intelligence and investigative information in paper
and/or electronic form, including information compiled for the purpose of identifying criminal,
civil, and regulatory offenders; reports of investigations; identifying data and notations of
arrest, the nature and disposition of allegations and charges, sentencing, confinement, release, and
parole and probation status; intelligence information on individuals suspected to be violating laws
and regulations; fingerprints and palmprints; laboratory reports of evidence analysis; photographs;
records of electronic surveillance; seized property reports; and polygraph examinations. The system
also maintains audit log information.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Authority to establish and maintain this system is contained in 5 U.S.C. 301 and 44 U.S.C.
3101, which authorize the Attorney General to create and maintain federal records of agency
activities, as well as in specific statutory and regulatory authorities described at 21 U.S.C. 801
et seq., and in E.O. 12333, as amended.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The purpose of this system is to enforce the Comprehensive Drug Abuse Prevention and Control
Act of 1970, as amended, its implementing regulations, and related statutes.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>(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
authority’s law enforcement responsibilities.
</p><p>(b) To any person or entity if deemed by the DEA to be necessary in order to elicit information
or cooperation from the recipient for use by the DEA in the performance of an authorized law
enforcement activity.
</p><p>(c) To a domestic or foreign governmental entity lawfully engaged in national security or
homeland defense for the entity’s official responsibilities.
</p><p>(d) To a governmental regulatory authority where the information is relevant to the recipient
authority’s official enforcement responsibilities.
</p><p>(e) To any person or entity to the extent necessary to prevent an imminent or potential crime
which directly threatens loss of life or serious bodily injury.
</p><p>(f) 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><p>(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.
</p><p>(h) 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.
</p><p>(i) In an appropriate proceeding before a court, grand jury, or administrative or adjudicative
body, when the Department of Justice or the DEA 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.
</p><p>(j) To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.
</p><p>(k) 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.
</p><p>(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.
</p><p>(m) To an actual or potential party to litigation or the party’s authorized representative for
the purpose of negotiation or discussion of such matters as settlement, plea bargaining, or in
informal discovery proceedings.
</p><p>(n) 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 Departmental 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><p>(o) To such recipients and under such circumstances and procedures as are mandated by federal
statute or treaty.
</p><p>(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.
</p><p>(q) To an appropriate federal agency or entity when the information is 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 investigation; the letting of a contract; or the issuance
of a grant or benefit.
</p><p>(r) To an appropriate state, local, territorial, or tribal agency or entity when the information
is relevant to a decision concerning the hiring, appointment, or retention of an employee for a
position of public trust, welfare, security, or safety.
</p><p>(s) To an appropriate federal, state, local, territorial, or tribal agency or entity where the
information is relevant to: An application, notice, or similar filing by, to become, be employed by,
or be affiliated with a national bank, federal branch or agency of a foreign bank, or insured
depository institution; or an administrative proceeding that could lead to an order against a
national bank, federal branch or agency of a foreign bank, or insured depository institution or
individuals occupying positions as institution-affiliated parties (whether or not such position is
held with an insured or non-insured national bank or federal branch or agency or with any other
insured depository institution).
</p><p>(t) To complainants and/or victims (or the immediate family of a deceased victim) 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.
</p><p>(u) To any person or entity, where the information is necessary to facilitate the provision of
support or assistance to DEA’s law enforcement mission.
</p><p>(v) To a first responder, health care provider, health department, social services department,
and youth and family services department for the entity’s official responsibilities.
</p><p>(w) To the director of a treatment agency or the director of a facility to which a juvenile has
been committed by the court in accordance with 18 U.S.C. 5038(a)(4).
</p><p>(x) To a federal, state, local, or territorial department of taxation and department of revenue,
for the entity’s official responsibilities.
</p><p>(y) To appropriate persons or entities, including multidisciplinary child abuse teams, in
accordance with state or federal child abuse reporting laws.
</p><p>(z) To a National Guard unit or entity where the information is relevant to its official
responsibilities.
</p><p>(aa) 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.
 <p>(ab) To another Federal agency or Federal entity, when the Department 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.</p>       
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p><p>Records in this system are stored on paper and/or electronic media. Electronic records are
maintained within information system resources or removable media such as floppy disks, compact
disks, magnetic tapes, and optical disks.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by identifying particulars assigned to individuals such as name,
alias, Social Security Number, DEA registration number, and other DEA-assigned number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Both electronic and paper records are safeguarded in accordance with appropriate laws,
rules, and policies, including DOJ and DEA policies. They are protected by physical security methods
and dissemination and access controls. Access to all records is controlled and limited to approved
personnel with an official need for access to perform their duties. Paper files are stored: (1) In a
secure room with controlled access; (2) in locked file cabinets; and/or (3) in other appropriate GSA
approved security containers. Protection of information system resources is provided by management,
operational, and technical security controls. Records are located in a building with restricted
access and are kept in a locked room with controlled access, or are safeguarded with an approved
encryption technology. The use of individual passwords or user identification codes is required to
access information system resources.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records in this system will be retained and disposed of in accordance with record retention
schedules approved by the National Archives and Records Administration.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Chief of Operations, Operations Division and Assistant Administrator for Intelligence,
Intelligence Division, DEA Headquarters, 8701 Morrissette Drive, Springfield, VA 22152.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as Record Access procedures.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to a record from this system shall be made in accordance with 28 CFR
Part 16 to DEA Headquarters, Attn: Operations Unit (SARF), 8701 Morrissette Drive, Springfield,
Virginia 22152. The envelope and letter should be clearly marked "Privacy Act Request."
The request should include a 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, either notarized or
submitted under penalty of perjury, and dated. An individual who is the subject of a record in this
system may access those records that are not exempt from disclosure. A determination of whether a
record may be accessed will be made after a request is received. Although no specific form is
required, you may obtain forms for this purpose from the FOIA/PA Mail Referral Unit, Justice
Management Division, United States Department of Justice, 950 Pennsylvania Avenue NW., Washington,
DC 20530-0001, or on the Department of Justice Web site at <i>www.usdoj.gov/04foia/att_d.htm.
</i>
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>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. An individual who is the
subject of a record in this system may seek amendment of those records that are not exempt. A
determination of whether a record may be contested or amended will be made after a request is
received.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>(a) DEA employees, DEA-deputized state and local law enforcement officers, cross-designated
federal law enforcement officers, and DEA contractors, (b) Confidential informants, witnesses, and
other cooperating individuals and entities, (c) Suspects, defendants, and respondents, (d) federal,
state, local, territorial, tribal, and foreign governmental entities, (e) drug and chemical
companies, (f) law enforcement databases, (g) public and open source records and commercial
database.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>The Attorney General has exempted records in this system from subsections (c)(3) and (4);
(d)(1), (2), (3), and (4); (e)(1), (2), (3), (4)(G), (H), (I), (5), and (8); (f); (g); and (h) of
the Privacy Act pursuant to 5 U.S.C. 552a(j) and (k). 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)(2), (k)(1),
or (k)(2). 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 <i>Federal Register</i>.
</p></xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p>77 FR 21808 (April 11, 2012): Last published in full.</p>
</xhtmlContent></subsection></section>
<section id="dea9" toc="yes">
<systemNumber>/DEA-009</systemNumber>
<subsection type="systemName">Medical Records.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Drug Enforcement Administration; 1405 Eye Street NW, Washington, DC 20537. Also, field
offices. See Appendix 1 for list of addresses.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>(A) DEA employees; (B) Cooperating individuals;
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>(A) Annual physical examinations; (B) Reports of disease or injury pertaining to DEA Special
Agents and Chemists; (C) Reports of job related injury or illness for employees and cooperating
individuals; (D) Pre-employment physical examination of DEA Special Agents and Investigators; (E)
Physical examination reports of non-federal police personnel applying to attend the National
Training Institute.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>These records are maintained to establish and maintain an effective and comprehensive health
program for employees pursuant to 5 U.S.C. 7901, 29 U.S.C. 655 and Executive Order 11807 of
September 28, 1974.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>These records are maintained for internal DEA use. The only disclosure outside the agency
would be to a physician when authorized by the subject.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from system of records maintained by
the Department of Justice unless it is determined that release of the specific information in the
context of a particular case would constitute an unwarranted invasion of personnel privacy.
</p><p>Release of information to Members of Congress: Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration (NARA) and to the
General Services Administration (GSA): A record from a system of records may be disclosed as a
routine use to the NARA and GSA in records management inspections conducted under the authority of
44 U.S.C. 2904 and 2906.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The records are maintained in standard file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>This system of records is maintained at DEA Headquarters which is protected by twenty-four
hour guard service and electronic surveillance. Access to the building is restricted to DEA
employees and those persons transacting business within the building who are escorted by DEA
employees. In addition, the records are stored in file safes in an alarmed, controlled access area.
Access to the system is limited to employees of the medical office on a need-to-know basis.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>These records are retained indefinitely.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Medical Administration, Drug Enforcement Administration, 1405 Eye Street NW, Washington, DC
20537.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries should be addressed to Freedom of Information Section, Drug Enforcement
Administration, 1405 Eye Street NW, Washington, DC 20537. Inquiries should contain the following
information: Name; Date and Place of Birth; Dates of Employment with DEA; Employee number.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as the above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Individuals on whom records are maintained; Employees of Medical Office.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="dea10" toc="yes">
<systemNumber>/DEA-010</systemNumber>
<subsection type="systemName">Planning and Inspection Division Records.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Drug Enforcement Administration, 1405 I Street, NW, Washington, DC 20537. Also, field
offices. See Appendix I for list of addresses.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>(A) DEA employees, past and present; (B) Applicants for employment with DEA; (C) Drug
offenders, alleged drug offenders, and persons suspected of drug offenses; (D) Offenders, alleged
offenders, and persons suspected of committing Federal and state crimes broadly characterized as
corruption or integrity offenses; (E) Confidential informants; (F) Witnesses; (G) Nonimplicated
persons with pertinent knowledge of circumstances or aspects with pertinent knowledge of
circumstances or aspects of a case or suspect. These are pertinent references of fact developed by
personal interview or third party interview and are recorded as a matter for which a probable need
will exist.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>(A) Investigative reports with supporting memoranda and work papers relating to
investigations of individuals and situations. (B) General files which include, among other things,
supporting memoranda and work papers and miscellaneous memoranda relating to investigations of and
the purported existence of situations and allegations about individuals. (C) Audit and inspection
reports of inspections of DEA offices, personnel, and situations.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Reorganization Plan No. 1 of 1968 and 5 U.S.C. 301.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Information contained in this system is provided to the following categories of users as a
matter or routine uses for law enforcement and regulatory purposes: A. Other Federal law enforcement
and regulatory agencies; B. State and local law enforcement and regulatory agencies; C. Foreign law
enforcement agencies with whom DEA maintains liaison; D. The Department of State; E. The Department
of Defense and Military Departments; F. U.S. Intelligence agencies concerned with drug enforcement;
G. The United Nations; H. Interpol; I. To individuals and organizations in the course of
investigations to elicit information.
</p><p>In addition, disclosures are routinely made to the following categories for the purposes stated:
A. To Federal agencies for national security clearance purposes and to Federal and state regulatory
agencies responsible for the licensing or certification of individuals in the fields of pharmacy and
medicine; B. To the Office of Management and Budget upon request in order to justify the allocations
of resources; C. To state and local prosecutors for assistance in preparing cases concerning
criminal and regulatory matters; D. To the news media for public information purposes; E. To
Federal, State and local governmental agencies who are conducting suitability for employment
investigations on current or prospective employees.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice 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><p>Release of information to Members of Congress. Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration (NARA) and to the
General Services Administration (GSA): A record from a system of records may be disclosed as routine
use to the NARA and GSA in records management inspections conducted under the authority of 44 U.S.C.
2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Manual records are maintained in standard investigation folders. Automated records are
maintained on magnetic disks.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Access to manual records can be accomplished by the use of a card index maintained
alphabetically by employee name. Access to the automated system is achieved by reference to personal
identifiers, other data elements or any combination thereof.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>These records are maintained at DEA Headquarters which is protected by twenty-four hour
guard service and electronic surveillance. Access to the building is restricted to DEA employees and
those persons transacting business within the building who are escorted by DEA employees. Access to
the system is restricted to employees of the Office of Internal Security and upper level management
officials. The records are stored in a vault protected by alarm and cipher locks. Access to the
system will be on a strict need-to-know basis.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Case files are destroyed after five years unless the Office of Internal Security of the
Chief Counsel determines that these files are required for potential or ongoing litigation. This
determination will be subject to annual review. General files and audit files shall be retained as
long as the subject is employed at DEA and for two years after termination.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Security Programs Manager, Drug Enforcement Administration, 1405 I Street NW, Washington, DC
20537.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries should be addressed to Freedom of Information Section, Drug Enforcement
Administration, 1405 I Street NW, Washington, DC 20537.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>(A) DEA Investigations; (B) Federal, State and local law enforcement agencies; (C)
Cooperating individuals.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c), (3) and (4), (d), (e)
(1), (2) and (3), (e)(4) (G), (H) (e) (5) and (8), (f), (g), (h) of the Privacy Act pursuant to 5
U.S.C. 552a (j) and (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 the <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="dea11" toc="yes">
<systemNumber>/DEA-011</systemNumber>
<subsection type="systemName">Operations Files.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Drug Enforcement Administration, 1405 Eye Street, NW, Washington, DC
20537. Also, field offices. See Appendix 1 for list of addresses.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>(A) Cooperating Individuals; (B) Confidential Informants.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>(A) Biographic and background information; (B) Official Contact Reports; (C) Intelligence
Reports (DEA-6).
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system of records is maintained to assist in intelligence operations pursuant to the
Comprehensive Drug Abuse Prevention and Control Act of 1970 (Pub. L. 91-513) and
Reorganization Plan No. 2 of 1973.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>This system is used to keep a history of intelligence operations against narcotics
traffickers and their support networks. Information contained in this system is provided to the
following categories of users for law enforcement purposes on a routine basis: (A) Other Federal law
enforcement agencies; (B) State and local law enforcement agencies; (C) Foreign law enforcement
agencies with whom DEA maintains liaison; (D) United States Intelligence and Military Intelligence
agencies involved in durg enforcement; (E) The United States Department of State.
</p><p>Release of information to the news media. Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice 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><p>Release of information to Members of Congress. Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration (NARA) and to the
General Services Administration (GSA): A record from a system of records may be disclosed as a
routine use to the NARA and GSA in records management inspections conducted under the authority of
44 U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>These records are maintained in standard case files.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>These files are retrieved manually by subject matter category and coded identification
number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>This system of records is maintained at DEA Headquarters which is protected by twenty-four
hour guard service and electronic surveillance. Access to the building is restricted to DEA
employees and those persons transacting business within the building who are escorted by DEA
employees. In addition, all files are stored in GSA approved security containers approved for Secret
material and treated as if they carried a Secret classification whether classified or not. Access to
the files is restricted to authorized DEA employees with Top Secret clearances on a limited need-to-
know basis.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>These records are retained indefinitely.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Deputy Assistant Administrator, Office of Intelligence, Drug Enforcement Administration,
1405 Eye Street NW, Washington, DC 20537.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries should be addressed to Freedom of Information Section, Drug Enforcement
Administration, 1405 I Street NW, Washington, DC 20537.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>(A) DEA Reports; (B) Reports of federal, state and local agencies; (C) Reports of foreign
agencies with whom DEA maintains liaison.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3) and (4), (d), (e)(1),
(2) and (3), (e)(4)(G), (H), (e)(5) and (8), (f), (g), (h) of the Privacy Act pursuant to 5 U.S.C.
552a (j) and (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 the <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="dea12" toc="yes">
<systemNumber>/DEA-012</systemNumber>
<subsection type="systemName">Registration Status/Investigation Records.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Drug Enforcement Administration, 1405 Eye Street NW, Washington, DC 20537. Also, field
offices. See Appendix 1 for list of addresses.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals who have a Controlled Substances Act registration number under their personal
name who have had some action taken against their license or registration.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>(A) DEA reports of investigation; (B) Information received from state regulatory agencies.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system of records is maintained to enable the Drug Enforcement Administration to
perform its regulatory functions under the Comprehensive Drug Abuse Prevention and Control Act of
1970.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Information contained in this system of records is provided for law enforcement and
regulatory purposes to the following categories of users on a routine basis: (A) Other federal law
enforcement and regulatory agencies; (B) State and local law enforcement and regulatory agencies;
(C) To respondents and their attorneys for purposes of discovery, formal and informal, in the course
of an adjudicatory, rulemaking, or other hearing held pursuant to the Controlled Substances Act of
1970.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice 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><p>Release of Information to Members of Congress. Information contained in systems or records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration (NARA) and to the
General Services Administration (GSA): A record from a system of records may be disclosed as a
routine use to the NARA and GSA in records management inspections conducted under the authority of
44 U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>These records are maintained in standard case file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>This system is indexed by name of registrant.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>This system of records is maintained in DEA Headquarters which is protected by 24-hour guard
service and electronic surveillance. Access to the building is restricted to DEA employees and those
persons transacting business within the building who are escorted by DEA employees. Access to the
system is restricted to authorized employees of the Diversion Operation Section on a need-to-know
basis.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>These records are retained as long as there is a need for the file. These are working files
and may be destroyed when no longer required or merged into the Investigative Case File and
Reporting System.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement
Administration; 1405 Eye Street, NW, Washington, DC 20537.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries should be addressed to: Freedom of Information Section, Drug Enforcement
Administration, 1405 I Street, NW, Washington, DC 20537.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>(A) DEA Investigators: (B) State and local regulatory agencies.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3), (d), (e)(4)(G) and
(H), (f) of the Privacy Act pursuant to 5 U.S.C. 552a(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 the <i>Federal
Register</i>.
</p></xhtmlContent></subsection></section>
<section id="dea13" toc="yes">
<systemNumber>/DEA-013</systemNumber>
<subsection type="systemName">Security Files.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Drug Enforcement Administration, 1405 Eye Street, NW, Washington, DC 20537. Also, field
offices. See Appendix 1 for list of addresses.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>(A) DEA personnel; (B) Cooperating individuals and informants; (C) Drug traffickers and
suspected drug traffickers; (D) Individuals who might discover DEA investigations or undercover
operations by chance.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system of records contains reports concerning the categories of individuals stated
above.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system of records is maintained to identify and correct security problems in the area
of intelligence operations and installations pursuant to the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (Pub. L. 91-513) and Reorganization Plan No. 2 of 1973.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>This system is utilized to generate reports on security problems in the area of intelligence
operations and installations. In addition, information is provided to the following categories of
users for law enforcement purposes on a routine basis: (A) Other federal law enforcement agencies;
(B) State and local law enforcement agencies; (C) Foreign law enforcement agencies with whom DEA
maintains liaison.
</p><p>Release of information on the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice 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><p>Release of information to Members of Congress. Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration (NARA) and to the
General Services Administration (GSA): A record from a system of records may be disclosed as a
routine use to the NARA and GSA in records management inspections conducted under the authority of
44 U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>These records are maintained in standard case folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>The information in this system is retrieved by subject matter category or by coded
identification number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>This system of records is maintained at DEA Headquarters which is protected by twenty-four
hour guard service and electronic surveillance. Access to the building is restricted to DEA
employees and those persons transacting business within the building who are escorted by DEA
employees. In addition, these records are stored in GSA approved security containers authorized for
Secret material. Access to the system is restricted to authorized DEA personnel who have Top Secret
Clearances on a limited need-to-know basis.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records in this system are retained as long as the individual remains active and then
destroyed or retired to the Federal Records Center.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Deputy Assistant Administrator, Office of Intelligence, Drug Enforcement Administration,
1405 Eye Street, NW, Washington, DC 20537.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries should be addressed to: Freedom of Information Section Drug Enforcement
Administration, 1405 I Street, NW, Washington, DC 20537.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>(A) DEA Reports; (B) Reports of federal, state and local agencies.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3) and (4), (d), (e)(1),
(2) and (3), (e)(4)(G), (H), (e)(5) and (8), (f), (g), (h) of the Privacy Act pursuant to 5 U.S.C.
552a (j) and (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 the <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
	
<section id="dea14" toc="yes">
<systemNumber>/DEA-014</systemNumber>
<subsection type="systemName">System to Retrieve Information from Drug Evidence (STRIDE/Ballistics).
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Drug Enforcement Administration, 1405 Eye Street, NW, Washington, DC 20537. Also, field
office. See Appendix 1 for list of addresses.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Defendants and suspected violators.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Ballistics report.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is maintained to provide drug intelligence for law enforcement purposes pursuant
to the Comprehensive Drug Abuse Prevention and Control Act of 1970 and Reorganization Plan No. 2 of
1973.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Information from this system is provided to the following categories of users for law
enforcement purposes on a routine basis: (A) Other federal law enforcement agencies; (B) State and
local law enforcement agencies; (C) Foreign law enforcement agencies with whom DEA maintains
liaison.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice 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><p>Release of information to Members of Congress information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration (NARA) and to the
General Services Administration (GSA): A record from a system of records may be disclosed as a
routine use to the NARA and GSA in records management inspections conducted under the authority of
44 U.S.C. 2904 and 2906.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The information is stored on magnetic tape.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>The system is indexed by case number and exhibit number. The information can be retrieved by
name of DEA case number and exhibit number. In addition, a number of telecommunication terminals
have been added to the existing network.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>This system of records is maintained at DEA, headquarters which is protected by twenty-four
hour guard service and electronic surveillance. Access to the building is restricted to DEA
employees and those persons transacting business within the building who are escorted by DEA
employees. Access to the system is restricted to authorized DEA employees with appropriate clearance
on a need-to-know basis. Information that is retrievable by terminals requires user identification
numbers which are issued to authorized employees of the Department of Justice.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>The information contained in this system is retained indefinitely.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Chief, Forensic Sciences Section, Drug Enforcement Administration; 1405 Eye Street, NW,
Washington, DC 20537.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries should be addressed to: Freedom of Information Section, Drug Enforcement
Administration, 1405 I Street, NW, Washington, DC 20537.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>DEA Reports: Scientific Analysis.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3) and (4), (d), (e)(1),
(2) and (3), (e)(4)(G), (H), (e)(5) and (8), (f), (g), (h) of the Privacy Act pursuant to 5 U.S.C.
552a (j). Rules have been promulgated in accordance with the requirements of 5 U.S.C. 553 (b), (c)
and (e) and been published in the <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="dea15" toc="yes">
<systemNumber>/DEA-015</systemNumber>
<subsection type="systemName">Training Files.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Drug Enforcement Administration, 1405 I Street, NW, Washington, DC 20537 and DEA Office of
Training, Federal Law Enforcement Training Center, Glynco, Georgia 31524.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals who have attended training programs sponsored by the Drug Enforcement
Administrative Office of Training.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>(A) Students names; (B) Dates and locations of schools; (C) Class average and individual
student grades; (D) Locations of student’s employers; (E) Number of years experience in general law
enforcement and drug law enforcement; (F) Classification of student’s employers by state, local,
county, or Federal; (G) Type of school attended; (H) Class rosters; (I) Biographic data; (J)
Evaluation reports; (K) Application and attendance records.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is maintained to provide educational and training programs on drug abuse and
controlled substances law enforcement pursuant to the Comprehensive Drug Abuse Prevention and
Control Act of 1970.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>This system is maintained to assist in performing the administrative functions of the Office
of Training and is used to prepare class directories, class rosters, program evaluation reports and
statistical reports. In addition, information from this system is provided to Federal, state and
local law enforcement and regulatory agencies employing former students and biographical data may be
provided to students and former students in the form of class rosters and alumni publications.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public may be made available from systems of records maintained by the Department of Justice
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><p>Release of information of Members of Congress. Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration (NARA) and to the
General Services Administration (GSA): A record from a system of records may be disclosed as a
routine use to the NARA and GSA in records management inspections conducted under the authority of
44 U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The manual records in this system are maintained on index cards and in file folders and the
automated portion is maintained on magnetic tapes.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Data may be retrieved by the student’s last name, school location code, or by beginning
course dates.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Those records maintained at DEA Headquarters are protected by twenty-four hour guard service
and electronic surveillance. Access to the building is restricted to DEA employees and those persons
transacting business within the building who are escorted by DEA employees. In addition, access to
file is limited to Office of Training personnel on a need-to-know basis. Those records maintained at
the Drug Enforcement Administration, Office of Training, FBI Academy Quantico, Virginia. Access to
file is restricted to DEA personnel on a need-to-know basis.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records in this system are currently maintained indefinitely.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Deputy Assistant Administrator, Office of Training, Drug Enforcement Administration FBI
Academy.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries should be addressed to: Freedom of Information Section, Drug Enforcement
Administration, 1405 Eye Street NW, Washington, DC 20537.
</p><p>Inquiries should contain name; date and place of birth; and dates of attendance at courses
sponsored by the Office of Training.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>(A) Students: (B) Instructors.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="dea16" toc="yes">
<systemNumber>/DEA-016</systemNumber>
<subsection type="systemName">Drug Enforcement Administration Accounting System (DEAAS II).
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Drug Enforcement Administration, 1405 Eye Street NW, Washington, DC 20537. Also field
offices. See Appendix 1 for list of addresses.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>All individuals who submit vouchers requesting payment for goods or services rendered,
except payroll vouchers for DEA employees. These include vendors, contractors, experts, witnesses,
court reporters, travelers, relocated employees, etc.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>All vouchers paid except payroll vouchers for DEA employees. In addition all advance of
funds issued to DEA travelers.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The system is established and maintained in accordance with the Budget and Accounting
Procedures Act of 1950 as amended, 31 U.S.C. 66 and U.S.C. 200(a).
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>After payment of the vouchers, the accounting data is used for the purpose of internal
management reporting and external reporting to agencies such as OMB, U.S. Treasury, and the GAO.
</p><p>Release of information to the News Media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice 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><p>Release of Information to Members of Congess: Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Release of Information to the National Archives and Records Administration (NARA) and to the
General Services Administration (GSA): A record from a system of records may be disclosed as a
routine use to the NARA and GSA in records management inspections conducted under the authority of
44 U.S.C. 2904 and 2906.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Manual voucher files are maintained alphabetically by payee’s name. Travel advance
information and other budget and accounting data are maintained by an online computerized file.
Information on travel advances is stored by employee identification number, other budget and
accounting data is maintained by obligation number or other program identifier.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information from manual voucher files is retrieved by using the name of the payee. Travel
advance information is retrieved by employee identification number; other budget and accounting data
is retrieved by obligation number or other program identifier.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information contained in the system is unclassified. It is safeguarded in accordance with
organizational rules and procedures. Access to manual voucher files is restricted to employees on a
need to know basis. Information that is retrievable by terminals can be retrieved only by authorized
employees of the Department of Justice who have been issued user identification numbers.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>The payment documents are retained at this location for three fiscal years (current and two
prior years). The records are then shipped to a Federal Records Center for storage in accordance
with the General Record Schedule published by the General Services Administration. In the
computerized file for travel advances, only the last two transactions in any particular account are
retained in the file. Old transactions are automatically purged as new transactions are entered.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Deputy Assistant Administrator, Office of Administration, Drug Enforcement Administration,
1405 Eye Street NW, Washington, DC 20537.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries should be addressed to Freedom of Information Section, Drug Enforcement
Administration, 1405 Eye Street NW, Washington, DC 20537.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as "Notification Procedure"  above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as "Notification Procedure"  above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Submitted by the payee involved.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="dea" toc="yes">
<systemNumber>/DEA-017</systemNumber>
<subsection type="systemName">Grants of Confidentiality Files (GCF).
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Drug Enforcement Administration, 1405 Eye Street, NW, Washington, DC 20537.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Applicants for grants of confidentiality.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>(A) Requests for and actual Grants of Confidentiality; (B) Correspondence relating to above;
(C) Documents relating to investigations of said applicants.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Pursuant to 21 U.S.C. 872 of the Comprehensive Drug Abuse Prevention and Control Act of
1970.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Information in these records are utilized for the purpose of investigating applicants prior
to the granting of confidentiality. In the course of such investigations, information may be
disseminated to state and local law enforcement and regulatory agencies to other federal law
enforcement and regulatory agencies.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice 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><p>Release of information to Members of Congress. Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration (NARA) and to the
General Services Administration (GSA): A record from a system of records may be disclosed as a
routine use to the NARA and GSA in records management inspections conducted under the authority of
44 U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>These records are maintained on standard case folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>The information in this system is retrieved by name of grantee.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>This systems of records is maintained at DEA Headquarters which is protected by twenty-four
hour guard service and electronic surveillance. Access to the building is restricted to DEA
employees and those persons transacting business within the building who are escorted by DEA
employees. In addition, the records are stored in bar lock filing cabinets and access to the system
is restricted to members of the DEA employees on a "need to know basis."
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records in this system are retained indefinitely.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Chief Counsel, Drug Enforcement Administration, 1405 Eye Street, NW, Washington, DC 20537.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries should be addressed to: Freedom of Information Section, Drug Enforcement
Administration, 1405 Eye Street, NW, Washington, DC 20537. Inquiries should include the inquirer’s
name, date, and place of birth.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>(A) DEA investigative reports; (B) Applicants; (C) Reports from other federal, state and
local agencies.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (d)(1) and (e)(1) of the
Privacy Act pursuant to 5 U.S.C. 552a(k)(5). 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 <i>Federal
Register</i>.
</p></xhtmlContent></subsection></section>
<section id="dea18" toc="yes">
<systemNumber>/DEA-018</systemNumber>
<subsection type="systemName">DEA Applicant Investigations (DAI).
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Drug Enforcement Administration; 1405 Eye Street, NW, Washington DC 20537.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Applicants for employment with DEA.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Information in records may include date and place of birth, citizenship, marital status,
military and social security status. These records contain investigative information regarding an
individual’s character, conduct, and behavior in the community where he or she lives or lived,
arrests and convictions for any violations against the law, information from inquiries directed to
present and former supervisors, co-workers, associates, educators, etc, credit and National Agency
checks, and other information developed from the above.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 301 and Executive Order No. 10450.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>These records are used by DEA to implement an effective screening process for applicants. To
foreign, federal, state and local law enforcement and regulatory agencies, where appropriate, for
referral to avoid duplication of the investigative process and where the appropriate agency is
charged with the responsibility of investigating or prosecuting potential violations of law.
</p><p>Release of information to the news media. Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice 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><p>Release of information to Members of Congress. Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration (NARA) and to the
General Services Administration (GSA): A record from a system of records may be disclosed as a
routine use to the NARA and GSA in records management inspections conducted under the authority of
44 U.S.C. 2904 and 2906.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>These records are maintained in standard investigative folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>These records are retrieved by use of a card index maintained alphabetically by employee
name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>These records are maintained at DEA Headquarters which is protected by twenty-four hour
guard service and electronic surveillance. Access to the building is restricted to DEA employees and
those persons transacting business within the building who are escorted by DEA employees. Access to
the system is restricted to employees of the office of Internal Security and upper level management
officials. The records are stored in safe-type combination lock file cabinets.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>These records are maintained during period of employment and for 5 years after termination
of employment and then destroyed.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Security Programs Manager, Drug Enforcement Administration, 1405 Eye Street, NW, Washington,
DC 20537.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries should be addressed to: Freedom of Information Section, Drug Enforcement
Administration, 1405 Eye Street, NW, Washington, DC 20537. Inquiries should include the inquirer’s
name, date, and place of birth.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>DEA investigations, federal, state and local law enforcement agencies.
</p><p>Cooperating individuals, employees, educational institutions, references, neighbors, associates,
credit bureaus, medical officials, probation officials.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsection (d)(1) and (e)(1) of the
Privacy Act pursuant to 5 U.S.C. 552a(k)(5). Rules have been promulgated in accordance with the
requirements at 5 U.S.C. 553 (b), (c) and (e) and have been published in the <i>Federal
Register</i>.
</p></xhtmlContent></subsection></section>
<section id="dea20" toc="yes">
<systemNumber>/DEA-020</systemNumber>
<subsection type="systemName">Essential Chemical Reporting System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Drug Enforcement Administration (DEA), 1405 I Street, NW, Washington, DC 20537. Also, DEA
Field Offices. See Appendix 1 for list of addresses.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>A. Individual who submit reports concerning the sale, loss, or theft of precursor or other
chemical essential to the manufacture of controlled substances.
</p><p>B. Individuals who are reported as the purchaser, importer, or individual suffering the loss or
theft of precursor or other chemical essential to the manufacture of controlled substances.
</p><p>C. Individuals who are reported as the person placing an order for precursor or other chemical
essential to the manufacture or controlled substances.
</p><p>D. Individual who are reported as being involved in or having knowledge of the details relative
to the loss or theft of precursor or other chemical essential to the manufacture of controlled
substances.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system contains: (1) Precursor dine reports submitted to DEA pursuant to Pub. L. No. 95
-633. (2) Information extracted from precursor reports and maintained on magnetic tape. (3)
Reports submitted voluntarily to DEA concerning chemicals essential to the manufacture of controlled
substance.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system of records is maintained pursuant to the reporting requirements contained in
Pub. L. 95-633.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Information contained in this system is provided to the following categories of users for
the purposes stated:
</p><p>(A) Other Federal law enforcement and regulatory agencies for law enforcement or regulatory
purposes.
</p><p>(B) State and local law enforcement and regulatory agencies for law enforcement and regulatory
purposes.
</p><p>(C) Release of information to the news media: Information permitted to be released to the news
media and the public pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the Department of Justice 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><p>(D) Release of information to Members of Congress: Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available to a Member of Congress or staff acting upon the Member’s behalf when the
Member or staff requests the information on behalf of or at the request of the individual who is the
subject of the record.
</p><p>(E) Release of information to the National Archives and Records Administration (NARA) and to the
General Services Administration (GSA): A record from a system of records may be disclosed as a
routine use to the NARA and GSA in management inspections under the authority of 44 U.S.C. 2904 and
2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Essential chemical report documents will be maintained in manual file folders. Information
extracted will be maintained on magnetic tape.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>The information maintained on magnetic tape will be retrievable by the name of any
individual mentioned in the report.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>The proposed system of records will be maintained in DEA Headquarters which is protected by
twenty-four hour guard serivce and electronic surveillance. Access to the building is restricted to
DEA employees and those persons transacting business within the building who are escorted by DEA
employees. Manual files will be maintained in the DEA central files and access to these documents
will be restricted to DEA employees on a need-to-know basis. Access to information maintained on
magnetic tape will require a specific computer program to extract information. Access to information
through ADP terminals will require a user identification code which will be issued to authorized DEA
employees on a strict need-to-know basis.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Until DEA gains experience to establish the useful life of the records in this system, the
records will be maintained indefinitely.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Administrator for Operations, Drug Enforcement Administration, 1405 I Street NW,
Washington, DC 20537.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries should be addressed to Freedom of Information Section, Drug Enforcement
Administration, 1405 I Street, NW, Washington DC 20537.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Individuals required to submit prescursor reports pursuant to Pub. L. 95-633, and
individuals who voluntarily submit reports concerning the sale, distribution or importation of
chemicals essential to the manufacture of controlled substances.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="dea21" toc="yes">
<systemNumber>/DEA-021</systemNumber>
<subsection type="systemName">DEA Aviation Unit Reporting System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Drug Enforcement Administration (DEA), Investigative Support Section, Aviation Unit,
DEA/Justice, PO Box 534, Addison, Texas 75001.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>DEA pilots.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system contains: (1) Records relating to the operation and maintenance of DEA aircraft.
(2) Records relating to pilot qualifications (CSC Form 671).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>This system is maintained to monitor the utilization and maintenance of DEA aircraft and the
qualifications 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).
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>(1) Federal Aviation Administration for purposes of aircraft documentation and pilot
certification.
</p><p>(2) Department of Defense for communication purposes.
</p><p>(3) United States Coast Guard for communication purposes.
</p><p>(4) Communications relay services under contract with DEA for communications purposes.
</p><p>(5) Release of information to the news media: Information permitted tone released to the news
media and the public pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the Department of Justice 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><p>(6) Release of information to Members of Congress. Information contained in the systems of
records maintained by the Department of Justice, not otherwise requested to be released pursuant to
5 U.S.C. 552, may be made available 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.
</p><p>(7) Release of information to the National Archives and Records Administration (NARA) and to the
General Services Administration (GSA): A record from a system of records may be disclosed as a
routine use to the NARA and GSA in records management inspections conducted under the authority of
44 U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The automated portion of the records is maintained on an ADP disk storage device.
Documentary records are maintained in manual file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information relating to individuals in the system is retrieved by pilot name or identifying
number assigned by DEA.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to the system is restricted to DEA personnel on a need-to-know basis. The records are
maintained in a secure room at the Addison Aviation Facility in accordance with DEA security
procedures and are protected by an electronic alarm system.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>The automated records are maintained for five years and then purged from the data base.
Manual records are maintained indefinitely.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Chief, Investigative Support Section, Drug Enforcement Administration, Washington, D.C.
20537.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries should be addressed to the Freedom of Information Section, Drug Enforcement
Administration, Washington, D.C. 20537.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information pertaining to individuals in the system is obtained from reports submitted by
DEA pilots.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="dea22" toc="yes">
<systemNumber>/DEA-022</systemNumber>
<subsection type="systemName">EPIC Seizure System (ESS).
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Sensitive But Unclassified.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Department of Defense, Defense Information Systems Agency (DISA), Booz Allen Hamilton
(contractor), 5201 Leesburg Pike, Suite 400, Falls Church, VA 22041, and Department of Justice, Drug
Enforcement Administration, El Paso Intelligence Center, 11339 SSG Sims Street, El Paso, TX 79908
-8098.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>1. Categories consist of individuals identified or referenced in the course of
investigations relating to:
</p><p>(a) The illicit manufacture, distribution, sale or possession of, or trafficking in controlled
substances;
</p><p>(b) The illicit manufacture, distribution, sale or possession of, or trafficking in or alteration
of identification documents, merchant mariner licenses and/or merchant mariner documents;
</p><p>(c) Reports of lost, stolen or fraudulent use of identification documents;
</p><p>(d) Businesses, vessels, and aircraft possibly associated with terrorism;
</p><p>(e) Crewman desertions or stowaways;
</p><p>(f) Movement of drugs, weapons, aliens or other contraband using vessels, commercial and/or non-
commercial aircraft, or vehicles;
</p><p>(g) Tactical boarding of vessels suspected of smuggling drugs, weapons, aliens, or other
contraband into the United States.
</p><p>2. Categories also consist of individuals identified or referenced in requests for information:
</p><p>(a) In support of U.S. Coast Guard and other law enforcement personnel conducting routine
boardings;
</p><p>(b) On crew lists of in-bound vessels that are 96 hours in advance of arrival to the United
States;
</p><p>(c) On personnel lists for individuals associated with work on or around Government or
Government-contracted vessels;
</p><p>(d) On personnel lists for individuals working in or around U.S. waterways, piers, and bridges;
</p><p>(e) On pilots, passengers, owners, businesses and aircraft in support of Customs and Border
Protection granting permission for aircraft to fly over the nearest Port of Entry;
</p><p>(f) On Civil Air Patrol pilots supporting Drug Enforcement Administration or Immigration and
Customs Enforcement operations;
</p><p>(g) On reported stolen aircraft.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records consist of:
</p><p>(1) Personal identification and location data which may include name (including aliases and
similar sounding names), occupation(s), race, sex, date and place of birth, height, weight, hair
color, eye color, citizenship, nationality/ethnicity, alien status, addresses, and other
miscellaneous identifying information, including, for example, telephone, passport, drivers license,
vehicle registration, and Social Security numbers;
</p><p>(2) Multi-source drug intelligence data;
</p><p>(3) Counter-drug enforcement information, including identification, location, arrest, and
prosecution of persons involved in the illicit trade or trafficking, and other activities and civil
proceedings related to such enforcement activities;
</p><p>(4) Information related to organizations involved in the illicit trade in controlled substances
either in the United States or internationally;
</p><p>(5) Reports of arrests;
</p><p>(6) Information on stolen aircraft;
</p><p>(7) Public and other information including personal identification and location data which may
include name, date and place of birth, social security numbers, addresses and other miscellaneous
identifying information, including, for example, telephone numbers, drivers license, and vehicle
registration obtained from commercial databases;
</p><p>(8) Public and other information obtained from Federal warrants issued by United States Marshals
Service;
</p><p>(9) Vessel and aircraft data;
</p><p>(10) Information relating to terrorist incidents;
</p><p>(11) Other information involving the illicit possession, manufacture, sale, purchase, and
transport of controlled substances; and
</p><p>(12) Information involving the illicit manufacture, distribution, sale or possession of,
trafficking in or alteration of identification documents, forged merchant mariner licenses and/or
merchant mariner documents.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The Comprehensive Drug Abuse Prevention and Control Act of 1970 (83 Stat. 1236),
Reorganization Plan No. 2 of 1973, the Omnibus Crime Control and Safe Streets Act, (Pub. L. 90
-351, as amended), and the Single Convention on Narcotic Drugs (18 U.S.C. 1407). Additional
authority is derived from Treaties, Statutes, Executive Orders, Presidential Proclamations, and
Attorney General Directives.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>Records in this system are used to provide investigative and public health and safety
information for the Drug Enforcement Administration, and other law enforcement agencies, in the
discharge of their law enforcement duties and responsibilities.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Pursuant to the Privacy Act, 5 U.S.C. 552a(b)(3), relevant records or any relevant facts
derived therefrom may be disclosed:
</p><p>(a) To Federal, state, local, tribal and foreign law enforcement agencies to facilitate the
investigation and prosecution of illegal drug trafficking activities.
</p><p>(b) To law enforcement individuals and organizations in the course of investigations where
necessary to elicit information pertinent to counter-drug, counter-terrorism, weapons, alien, and
drug-money investigations.
</p><p>(c) 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.
</p><p>(d) 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 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><p>(e) To the news media and the public, complying with 28 CFR 50.2 when applicable, 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><p>(f) 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.
</p><p>(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.
</p><p>(h) 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.
</p><p>(i) In an appropriate proceeding before a court or administrative or adjudicative body when
records are determined by the Department of Justice to be 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.
</p><p>(j) To agencies of the U.S. Intelligence Community.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Data is stored in electronic media via a configuration of personal computer, client/server,
and mainframe systems architecture. Computerized records are maintained on hard disk, floppy
diskettes, compact discs, magnetic tape, and/or optical disks. The records are stored on computer
both at the contractor site and at the El Paso Intelligence Center, El Paso, Texas. Paper files are
stored as follows: (1) In a secure file room with controlled access; (2) in locked file cabinets;
and/or (3) in other appropriate GSA approved security containers.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records may be retrieved by reference to an individual’s name or personal identifier.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Both electronic and paper records are safeguarded in accordance with DOJ rules and policy
governing automated systems security and access. These safeguards include the maintenance of
technical equipment in restricted areas, and the required use of individual passwords and user
identification codes to access the system. The system is protected by both physical security methods
and dissemination and access controls. Protection of the automated information system is provided by
physical, procedural and electronic means.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records in this system will be retained and disposed of in accordance with records schedules
approved by the National Archives and Records Administration (NARA) for the constituent systems of
records, Justice/DEA-002 and Justice/DEA-INS-111. A separate schedule for the
retention and disposal of records for Justice/DEA-022 will be submitted to NARA for approval.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, El Paso Intelligence Center, 11339 SSG Sims Street, El Paso, Texas 79912-
8098.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries should be addressed to Freedom of Information and Records Section, Drug
Enforcement Administration, Washington, DC 20537.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to a record from this system shall be made in accordance with 28 CFR
part 16 to the Freedom of Information Act (FOIA)/Privacy Act (PA) Section, Headquarters, Drug
Enforcement Administration, Washington, DC 20537 or to the System Manager, with the envelope and
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 either notarized or submitted under penalty
of perjury and dated. Some information may be exempt from access to certain 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.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request 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. 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 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.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>(1) DEA intelligence and investigative records; (2) reports, investigative and intelligence
reports from other participating and associated Federal, state, local, territorial, tribal, and
foreign member agencies; (3) records and reports of foreign law enforcement and regulatory agencies;
and (4) records from commercial databases.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3) and (4); (d)(1), (2),
(3) and (4); (e)(1), (2) and (3), (e)(5) and (e)(8); and (g), of the Privacy Act pursuant to 5
U.S.C. 552a(j) and (k). 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 (k). A determination as to exemption
shall be made at the time a request for access or amendment is received. Proposed 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 <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="dea23" toc="yes">
<systemNumber>/DEA-023</systemNumber>
<subsection type="systemName">Clerical, Technical and Professional (CTAP) Program Files.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Drug Enforcement Administration, 1405 I Street, NW, Washington, DC 20537 and field offices
(see Appendix 1 for addresses).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Clerical technical and professional employees (GS/1-12) of DEA who volunteer to
participate in the CTAP program.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Biographic, educational and career development records of CTAP employees, interview and
evaluation forms concerning CTAP employees and individual career development plans.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>OMB Circular No. A-48 (September 23, 1971). Federal Personnel Manual, Chapter 410.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Information is disclosed to DEA counselors and supervisors to develop and plan
individualized career development programs for DEA employees.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2, may be made available from systems of records maintained by
the Department of Justice unless it is determined that release of the specific information in the
context of a particular case would constitute an unwarranted invasion of personnel privacy.
</p><p>Release of information to Members of Congress: Information contained in systems of records
maintained by the Department of Justice, not otherwise requested to be released pursuant to 5 U.S.C.
552, may be made available to a Member of Congress or staff acting upon the Member’s behalf when the
Member or staff requests that information on behalf of and at the request of the individual who is
the subject of the record.
</p><p>Release of information to the National Archives and Record Administration (NARA) and to the
General Service Administration (GSA): A record from a system of records may be disclosed as a
routine use to the NARA and GSA in records management inspections conducted under the authority of
44 U.S.C 2904 and 2906.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The records in the system are maintained in manual file folders and on ADP equipment.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records will be retrieved by employee name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>The records in the system will be maintained in facilities which meet DEA security
requirements. Access to the system will be restricted to DEA employees on a need-to-know basis.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Indefinite.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Administrator, Office of Administration, Drug Enforcement Administration, 1405 I
Street, NW, Washington, DC 20537.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries should be addressed to Freedom of Information Section, Drug Enforcement
Administration, 1405 I Street, NW, Washington, DC 20537.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>DEA employees, CTAP Counselors, DEA personnel files.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="dea27" toc="yes">
<systemNumber>/DEA-027</systemNumber>
<subsection type="systemName">DEA Employee Profile System (DEPS).
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Drug Enforcement Administration, 1405 I Street, NW, Washington, DC 20537.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>DEA employees.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The following eight categories of information will be maintained in the system:
</p><p>1. Personal identification
</p><p>2. Work experience
</p><p>3. Language &amp; geographical areas
</p><p>4. Formal education
</p><p>5. Special skills
</p><p>6. Record of training
</p><p>7. Consideration for vacancies
</p><p>8. Awards
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is maintained to effectively place and assign employees to positions to further
the mandates of the Comprehensive Drug Abuse Prevention and Control Act of 1970.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The records will be used principally by the Personnel Management Division. Selected data
will be forwarded by this personnel section to the Career Development Board and operational units
throughout DEA for the purpose of:
</p><p>1. Identifying employees with particular skills or qualifications for assignment to special
projects.
</p><p>2. Identification of candidates for overseas assignments who have specific language skills.
</p><p>3. Insuring that the Career Development Board will be reviewing the entirety of an applicant’s
background.
</p><p>4. Calculating DEA’s human resources on hand and to project more accurately future resource needs
and capabilities.
</p><p>Information from this system will not be disseminated outside of DEA.
</p><p>Release of information to the National Archives and Records Administration (NARA) and to the
General Services Administration (GSA): A record from a system of records may be disclosed as a
routine use to the NARA and GSA in records management inspections conducted under the authority of
44 U.S.C. 2904 and 2906.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>These records will be maintained on magnetic tape and a disk storage device.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>The information in this system can be retrieved by the individual’s name, special skills
information, special knowledge information or by some combination of the above information.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>The records of the system will be maintained at DEA Headquarters which is protected by
twenty-four hour guard service and electronic surveillance. Access to the building is restricted to
DEA employees and those transacting business within the building who are escorted by DEA employees.
In addition, the area where the tapes and disks are stored is a secured area and access is
restricted to those employees who have business in the area and those non-DEA people who are
transacting business within the area and escorted by a DEA employee. Inquiries to the system are
only made by the written request of the Chief, Personnel Management Division.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records in this system are retained as long as the individual is employed by DEA.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Deputy Assistant Administrator, Office of Administration, Drug Enforcement Administration,
1405 I Street NW, Washington, DC 20537.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries should be addressed to Freedom of Information Section, Drug Enforcement
Administration, 1405 I Street NW, Washington, DC 20537. Inquiries should include inquirer’s name,
date of birth, and social security number.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as notification procedure.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as Notification Procedures
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>1. DEA employee
</p><p>2. Servicing personnel Office
</p><p>3. The Justice Uniform Personnel System (Juniper).
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="dea28" toc="yes">
<systemNumber>/DEA-028</systemNumber>
<subsection type="systemName">Regional Automated Intelligence Data System (RAIDS).
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Drug Enforcement Administration, 8400 NW 53rd Street, Miami, Florida
33166.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals suspected of illicit
narcotic trafficking.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Information extracted from DEA investigative
reports.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The Comprehensive Drug Abuse Prevention and
Control Act of 1970 (Pub. L. 91-513).
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Information contained in this system is provided to the following categories
of users as a matter of routine use for law enforcement and regulatory purposes: (a) Other federal
law enforcement and regulatory agencies; (b) State and local law enforcement and regulatory
agencies; (c) Foreign law enforcement agencies with whom DEA maintains liaison; (d) The Department
of Defense and military departments; (e) The Department of State; (f) United States intelligence
agencies concerned with drug enforcement; (g) The United Nations; (h) The International Police
Organization (Interpol); and (i) To individuals and organizations in the course of investigations to
elicit information.
</p><p>In addition, disclosures are routinely made to the following categories for the purposes stated:
(a) To federal agencies for national security clearance purposes and to federal and state regulatory
agencies responsible for the licensing or certification of individuals in the fields of pharmacy and
medicine; (b) To the Office of Management and Budget, upon request, in order to justify the
allocation of resources; (c) To state and local prosecutors for assistance in preparing cases
concerning criminal and regulatory matters; and (d) To respondents and their attorneys for purposes
of discovery, formal and informal, in the course of an adjudicatory, rulemaking, or other hearing
held pursuant to the Controlled Substances Act of 1970.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice 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><p>Release of information to Members of Congress: Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration: A record from a
system of records may be disclosed as a routine use to the National Archives and Records
Administration (NARA) in records management inspection conducted under the authority of 44 U.S.C.
2904 and 2906.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>>Storage: </p><p>Records in the system are maintained on magnetic discs.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by name of the subject and by various topical
queries.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>The system is protected by both physical security and dissemination and
access controls. The system is maintained in a secure DEA facility and protected by electronic
means. Access to the computer is restricted by the assignment of unique input and query access codes
to authorized DEA employees on a strict need-to-know basis.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records in the system are currently maintained indefinitely.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Regional Director, DEA South Eastern Regional Office,
8400 NW, 53rd Street, Miami, Florida 33166.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries should be addressed to: Freedom of Information Unit,
Drug Enforcement Administration, 1405 I Street, NW, Washington, DC 20537.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Records in the system consist entirely of information
extracted from DEA investigative reports.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>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), (g) and (h) of the Privacy Act pursuant to 5 U.S.C. 552a (j) and (k). Rules have
been promulgated in accordance with the requirements of 5 U.S.C. 553(b), (c) and (e).
</p></xhtmlContent></subsection></section>
<section id="dea30" toc="yes">
<systemNumber>/DEA-030</systemNumber>
<subsection type="systemName">Agent Recruit Assessment Program.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Drug Enforcement Administration (DEA), 1405 I Street, NW, Washington, DC 20537.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>A. Prospective recruits for basic agent classes
</p><p>B. Basic agent trainees
</p><p>C. Special Agents
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system contains information concerning: (1) Scores on measurement instruments; (2)
personality score derivatives; and (3) job-related factors.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is maintained under DEA’s authority to recruit and train Special Agents to
enforce the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Pub. L. 91-513).
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The records maintained in this system are utilized only for internal purposes and no
disseminaton outside the Department of Justice is contemplated.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The automated portion of the records is maintained on an ADP storage device. Documentary
records are maintained in manual file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information relating to an individual is retrieved by name or a unique identifying number
assigned by DEA.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to the system is restricted to DEA personnel on a strict need-to-know basis. The
records are maintained in a secure area at DEA headquarters, which is protected by guards and
electronic means.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>The automated portion of the system is maintained for 15 years and then purged from the data
base. Manual records are maintained indefinitely.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Administrator for Enforcement, Drug Enforcement Administration, 1405 I Street, NW,
Washington, DC 20537.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries should be addressed to: Freedom of Information Division, Drug Enforcement
Administration, 1405 I Street, NW, Washington, DC 20537.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information pertaining to individuals in the system is obtained from test protocols and
allied records or provided by the individuals.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (d), (e)(4)(G) and (H), and
(f) of the Privacy Act pursuant to 5 U.S.C. 552a(k)(6). See 28 CFR 16.98 for exemption regulations.
</p></xhtmlContent></subsection></section>

<section id="doj" toc="yes">
<systemNumber>/EOIR-001</systemNumber>
<subsection type="systemName">Records and Management Information System (JUSTICE/EOIR-001).
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Not classified.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Executive Office for Immigration Review, Department of Justice, 5107 Leesburg Pike, Suite
2600, Falls Church, Virginia 22041. The system is also located in EOIR field offices. The EOIR Web
site, http://www.usdoj.gov/eoir/, maintains a current address listing of all EOIR field offices.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains case-related information pertaining to aliens and alleged aliens
brought into the immigration hearing process, including certain aliens previously or subsequently
admitted for lawful permanent residence. The system also includes information pertaining to
attorneys and representatives practicing before Immigration Judges and the Board of Immigration
Appeals.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system includes the name, file number, address and nationality of aliens and alleged
aliens, decision memoranda, investigatory reports and materials compiled for the purpose of
enforcing immigration laws, exhibits, transcripts, and other case-related papers concerning aliens,
alleged aliens or lawful permanent residents brought into the administrative adjudication process.
The system also includes electronic records of the names, birth dates, last four (4) digits of
social security number, bar membership, and addresses, including electronic addresses, of attorneys
and representatives practicing before Immigration Judges, and the Board of Immigration Appeals.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintained under the authority granted the Attorney General
pursuant to 44 U.S.C. 3101 and 3103 and to fulfill the legislative mandate under 8 U.S.C. 1103, 1226
and 1252. Such authority has been delegated to EOIR by 8 CFR part 1003.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>Information in this system serves as the official record of immigration proceedings. EOIR
employees use the information to prepare, process and track the proceedings. The information is
further used to generate statistical reports and various documents, i.e., hearing calendars and
administrative orders.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Information may be disseminated as follows:</p>
<p>(A) To the Department of State; the Department of Homeland Security; the Department of
Health and Human Services; federal courts; the alien or alleged alien’s representative or attorney
of record; and, to federal, state and local agencies. Information is disseminated to the Department
of State, pursuant to 8 CFR 208.11, to allow its preparation of advisory opinions regarding
applications for political asylum; to the Federal courts to enable their review of EOIR
administrative decisions on appeal; and, to the representative or attorney of record to ensure fair
representation. Information is disseminated to the Department of Homeland Security as one of the
parties affected by EOIR decisions, and as the agency which enforces the EOIR decision on a case.
Information is disseminated to the Department of Health and Human Services as the provider of
benefits to qualified immigrants, as well as the custodian of some immigrants in immigration
proceedings.
</p><p>(B) 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.
</p><p>(C) 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.
</p><p>(D) To the National Archives and Records Administration in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>(E) Where a record either on its face or in conjunction with other information, indicates a
violation or potential violation of law--criminal, civil, or regulatory in nature--the
relevant records may be referred to the appropriate federal, state, local, foreign, or tribal, law
enforcement authority or other appropriate agency charged with the responsibility of investigating
or prosecuting such a violation or enforcing or implementing such law.
</p><p>(F) In an appropriate proceeding before a court, 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
holds the records to be relevant to the proceeding.
</p><p>(G) Relevant information contained in this system of records may also be released 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.
</p><p>(H) The Department of Justice may disclose relevant and necessary information 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.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained in file folders which are stored in file cabinets. A subset of the
records is maintained on fixed disks or removable disk packs which are stored in file cabinets. All
records are stored in secured EOIR office space.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Manual records are indexed by alien file number. Automated records are retrievable by a
variety of identifying data elements including, but not limited to, alien file number, alien name
and nationality, and attorney’s or representative’s name and UserId.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information maintained in the system is safeguarded in accordance with Department of
Justice rules and procedures. Record files are maintained in file cabinets accessible only to EOIR
employees. Automated information is stored on either fixed disks or removable disk packs which are
stored in cabinets. Only EOIR employees in possession of specific access codes and passwords will be
able to generally access automated information. In addition, attorneys or authorized representatives
will be able to access information specifically related to their case through the use of a secure
UserId and password. All manual and automated records and mediums are located in EOIR office space
accessible only to EOIR employees and locked during off-duty hours.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Record files are retained for six months after the final disposition of the case, then
forwarded to regional Federal Records Centers. Automated records are maintained in EOIR field office
data bases for ninety days after final disposition, then transferred to the host computer at EOIR
headquarters and retained in accordance with the General Record Schedule filed with the National
Archives and Records Administration.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>General Counsel, Executive Office for Immigration Review, U.S. Department of Justice, 5107
Leesburg Pike, Suite 2600, Falls Church, Virginia 22041.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address all inquiries to the system manager listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Portions of this system are exempt from disclosure and contest by 5 U.S.C. 522a (k)(1) and
(k)(2). Make all request for access to those portions not so exempted by writing to the system
manager identified above. Clearly mark the envelope and letter "Privacy Access Requests" : provide
the full name and notarized signature, or dated signature under penalty of perjury, of the
individual who is the subject of the record, his/her date and place of birth, or any other
identifying number or information which may assist in locating the record; and, a return address.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Direct all requests to contest or amend information maintained to the system manager listed
above. Provide the information required under "Record Access Procedure."  State clearly and
concisely what information is being contested, the reason for contesting it, and the proposed
amendment to the information.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Department of Justice offices and employees, the Department of Homeland Security, the
Department of State, the Department of Health and Human Services, and other federal, state and local
agencies; and the parties to immigration proceedings, their attorneys or representatives, and their
witnesses.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>The Attorney General has exempted certain records of this system from the access provisions
of the Privacy Act (5 U.S.C. 552a(d)) pursuant to 5 U.S.C. 552a (k)(1) and (k)(2). Rules have
promulgated in accordance with the requirements of 5 U.S.C. 553 (b), (c) and (e) and have been
published in the <i>Federal Register</i> and are codified at 28 CFR 16.83 (a) and (b).
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/EOIR-003</systemNumber>
<subsection type="systemName">Practitioner Complaint/Disciplinary Files.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>United States Department of Justice (DOJ), Executive Office for Immigration Review (EOIR),
5107 Leesburg Pike, Suite 2400, Falls Church, VA 22041; and at EOIR field offices as detailed in
Justice/EOIR-999, most recently published April 13, 1999 at 64 FR 18051.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Attorneys and authorized representatives, as defined under 8 CFR 292.1, who have been
subject to disciplinary complaints filed with, or received by, EOIR, including complaints from any
source whatsoever; complaints who file complaints against such attorneys and authorized
representatives.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system contains the following categories of records: Complaints filed by any person or
organization; records of state disciplinary authority proceedings; criminal conviction records;
investigatory records, including preliminary inquiry reports; communications with individuals and/or
outside agencies concerning disciplinary investigations and proceedings; interagency communications;
copies of Notices of Intent to Discipline (NID) filed by EOIR and/or the Immigration and
Naturalization Service (INS), together with supporting documentation; disciplinary proceeding
transcripts; and settlement agreements and other dispositions, including administrative disciplinary
decisions.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Sec. 292 of the Immigration and Nationality Act, as amended at 8 U.S.C. 1362 and 8 CFR part
3.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>Information in the system is used by the office of the General Counsel, EOIR, in conducting
disciplinary investigations and instituting disciplinary proceedings against immigration
practitioners. The records are used in, and provide documentation of, among other things,
disciplinary investigations and formal proceedings instituted by EOIR. The information may be
further used to generate statistical reports and various administrative records, including docket
printouts.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>EOIR may disclose relevant information as follows:
</p><p>(1) To Federal or state agencies as required by law;
</p><p>(2) In any proceeding before an adjudicative body before which DOJ, or any DOJ component or
subdivision thereof, is authorized to appear and when any of the following is a party to litigation
or has an interest in litigation and such records are determined by DOJ, or any component or
subdivision thereof, to be arguably relevant to the litigation: DOJ or any DOJ components thereof;
any DOJ employee in his/her official capacity; any DOJ employee in his/her individual capacity where
DOJ has agreed to represent the employee; or the United States where DOJ, or any  DOJ component
thereof, determines that litigation is likely to affect it or any of its subdivisions;
</p><p>(3) To an actual or potential party, including an immigration practitioner, or to his or her
attorney of record, for the purpose of negotiation or discussion on such matters as settlement of a
case or matter, conducting informal discovery proceedings involving records in this system, or to
otherwise ensure fair representation;
</p><p>(4) To complainants who file disciplinary complaints, or to their counsel of record;
</p><p>(5) To Federal, state, and local authorities, including, but not limited to, state bar grievance
committees and other attorney discipline authorities for possible disbarment or disciplinary
proceedings;
</p><p>(6) In any disciplinary complaint in which there is an indication of a violation or potential
violation of law, whether civil, criminal, or regulatory in nature, information, including
investigatory information, may be disseminated to the appropriate agency (including any Federal,
state, local, foreign, or tribal authority) charged with the responsibility of investigating or
prosecuting such violation or with enforcing or implementing such law;
</p><p>(7) To Members of Congress or their staff acting upon the Member’s behalf where the Member or
staff requests the information on behalf of, and at the request of, the individual who is the
subject of the record;
</p><p>(8) To any Federal agency or to any individual or organization for the purpose of performing
audit or oversight operations of DOJ and to meet related reporting requirements;
</p><p>(9) To the new 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; and
</p><p>(10) To the National Archives and Records Administration (NARA) in records management inspections
that may be conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained in file folders which are stored in filing cabinets. A subset of
records are maintained on fixed magnetic disks or removable diskettes which are stored in filing
cabinets. All records are stored in secured EOIR office space.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by name and/or docket number of the individual who is subject to the
disciplinary proceeding.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information maintained in the system is safeguarded in accordance with DOJ rules and
procedures. Record files are maintained in file cabinets accessible only to EOIR employees.
Automated information is stored on either fixed disks or removable diskette packs which are stored
in filing cabinets or computers which may be accessed only through the use of passwords and/or name
identifications issued to authorized EOIR employees. All manual and automated mediums are located in
EOIR office space accessible only to EOIR employees and locked during off-duty hours.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Record files are maintained for six months after final disposition of the case, then
forwarded to regional Federal Records Centers. Automated records are maintained at EOIR headquarters
indefinitely.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Executive Office for Immigration Review (EOIR), 5107 Leesburg Pike, Suite 2400,
Falls Church, VA 22041.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as Records Access Procedures.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Portions of this system may be exempt from disclosure and contest pursuant to 5 U.S.C.
552a(k)(1) and (k)(2). Any individual desiring to contest or amend information not subject to
exemption must direct his/her request to the system manager noted above. In all cases, requests for
access to a record shall be made in writing. Written requests may be submitted by mail or in person.
Clearly mark the envelope and letter "Privacy Access Request"  and provide the full name and
notarized signature of the individual who is the subject of the record and any other identifying
number or information that may assist in locating the record in accordance with 28 CFR 16.41(d), and
a return address.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Direct all requests to contest or amend information maintained in the system to the system
manager listed above in the manner described above in Records Access Procedures. State clearly and
concisely what information is being contested, the reasons for contesting it, and the proposed
amendment to the information.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Law enforcement agencies, Federal and state courts, state bar licensing authorities, state
bar grievance and/or disciplinary agencies, immigration practitioners responses during disciplinary
proceedings, and inquiries and/or complaints from witnesses or members of the general public,
including supporting documentation.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has proposed to exempt certain records of this system from the access
provisions of the Privacy Act (5 U.S.C. 552a(d)), pursuant to 5 U.S.C. 552a(k)(1) and (k)(2). Rules
have been proposed in accordance with the requirements of 5 U.S.C. 553 (b), (c), and (e), and have
been published as of this date in the <i>Federal Register</i>.

</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FBI-001</systemNumber>
<subsection type="systemName">National Crime Information Center (NCIC).
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Federal Bureau of Investigation, Criminal Justice Information Services (CJIS) Division, 1000
Custer Hollow Road, Clarksburg, WV 26306.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>A. Wanted Persons:
</p><p>1. Individuals for whom federal warrants are outstanding.
</p><p>2. Individuals who have committed or have been identified with an offense which is classified as
a felony or serious misdemeanor under the existing penal statutes of the jurisdiction originating
the entry and for whom a felony or misdemeanor warrant has been issued with respect to the offense
which was the basis of the entry. Probation and parole violators meeting the foregoing criteria.
</p><p>3. A "Temporary Felony Want"  may be entered when a law enforcement agency has need to take
prompt action to establish a "want"  entry for the apprehension of a person who has committed, or
the officer has reasonable grounds to believe has committed, a felony and who may seek refuge by
fleeing across jurisdictional boundaries and circumstances preclude the immediate procurement of a
felony warrant. A "Temporary Felony Want"  shall be specifically identified as such and subject to
verification and support by a proper warrant within 48 hours following the entry of a temporary
want. The agency originating the "Temporary Felony Want"  shall be responsible for subsequent
verification or re-entry of a permanent want.
</p><p>4. Juveniles who have been adjudicated delinquent and who have escaped or absconded from custody,
even though no arrest warrants were issued. Juveniles who have been charged with the commission of a
delinquent act that would be a crime if committed by an adult, and who have fled from the state
where the act was committed.
</p><p>5. Individuals who have committed or have been identified with an offense committed in a foreign
country, which would be a felony if committed in the United States, and for whom a warrant of arrest
is outstanding and for which act an extradition treaty exists between the United States and that
country.
</p><p>6. Individuals who have committed or have been identified with an offense committed in Canada and
for whom a Canada-Wide Warrant has been issued which meets the requirements of the Canada-U.S.
Extradition Treaty, 18 U.S.C. 3184.
</p><p>B. Individuals who have been charged with serious and/or significant offenses:
</p><p>1. Individuals who have been fingerprinted and whose criminal history record information has been
obtained.
</p><p>2. Violent Felons: Persons with three or more convictions for a violent felony or serious drug
offense as defined by 18 U.S.C. 924(e).
</p><p>C. Missing Persons:
</p><p>1. A person of any age who is missing and who is under proven physical/mental disability or is
senile, thereby subjecting that person or others to personal and immediate danger.
</p><p>2. A person of any age who is missing under circumstances indicating that the disappearance was
not voluntary.
</p><p>3. A person of any age who is missing under circumstances indicating that that person’s physical
safety may be in danger.
</p><p>4. A person of any age who is missing after a catastrophe.
</p><p>5. A person who is missing and declared unemancipated as defined by the laws of the person’s
state of residence and does not meet any of the entry criteria set forth in 1-4 above.
</p><p>D. Individuals designed by the U.S. Secret Service as posing a potential danger to the President
and/or other authorized protectees.
</p><p>E. Members of Violent Criminal Gangs: Individuals about whom investigation has developed
sufficient information to establish membership in a particular violent criminal gang by either:
</p><p>1. Self admission at the time of arrest or incarceration, or
</p><p>2. Any two of the following criteria:
</p><p>a. Identified as a gang member by a reliable informant;
</p><p>b. Identified as a gang member by an informant whose information has been corroborated;
</p><p>c. Frequents a gang’s area, associates with known members, and/or affects gang dress, tattoos, or
hand signals;
</p><p>d. Has been arrested multiple times with known gang members for offenses consistent with gang
activity; or
</p><p>e. Self admission (other than at the time of arrest or incarceration).
</p><p>F. Members of Terrorist Organizations: Individuals about whom investigation has developed
sufficient information to establish membership in a particular terrorist organization using the same
criteria listed above in paragraph E, items 1 and 2 a-e, as they apply to members of terrorist
organizations rather than members of violent criminal gangs.
</p><p>G. Unidentified Persons:
</p><p>1. Any unidentified deceased person.
</p><p>2. Any person who is living, but whose identify has not been ascertained (e.g., infant, amnesia
victim).
</p><p>3. Any unidentified catastrophe victim.
</p><p>4. Body parts when a body has been dismembered.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>A. Stolen Vehicle File:
</p><p>1. Stolen vehicles.
</p><p>2. Vehicles wanted in conjunction with felonies or serious misdemeanors.
</p><p>3. Stolen vehicle parts including certificates of origin or title.
</p><p>B. Stolen License Plate File.
</p><p>C. Stolen Boat File.
</p><p>D. Stolen Gun File:
</p><p>1. Stolen guns.
</p><p>2. Recovered guns, when ownership of which has not been established.
</p><p>E. Stolen Article File.
</p><p>F. Securities File:
</p><p>1. Serially numbered stolen, embezzled, or counterfeited securities.
</p><p>2. "Securities"  for present purposes of this file are currency (e.g., bills, bank notes) and
those documents or certificates which generally are considered to be evidence of debt (e.g., bonds,
debentures, notes) or ownership of property (e.g., common stock, preferred stock), and documents
which represent subscription rights, warrants and which are of the types traded in the securities
exchanges in the United States, except for commodities futures. Also included are warehouse
receipts, travelers checks and money orders.
</p><p>G. Wanted Person File: Described in "Categories of individuals covered by the system:  A. Wanted
Persons, 1-4."
</p><p>H. Foreign Fugitive File: Identification data regarding persons who are fugitives from foreign
countries, who are described in "Categories of individuals covered by the system:  A. Wanted
Persons, 5 and 6."
</p><p>I. Interstate Identification Index File: A cooperative federal-state program for the interstate
exchange of criminal history record information for the purpose of facilitating the interstate
exchange of such information among criminal justice agencies: Described in "Categories of
individuals covered by the system:  B. 1."
</p><p>J. Identification records regarding persons enrolled in the United States Marshals Service
Witness Security Program who have been charged with serious and/or significant offenses. Described
in "Categories of individuals covered by the system:  B."
</p><p>K. Bureau of Alcohol, Tobacco, and Firearms (BATF) Violent Felon File: Described in "Categories
of individuals covered by the system:  B.2."
</p><p>L. Missing Person File: Described in "Categories of individuals covered by the system:  C.
Missing Persons."
</p><p>M. U.S. Secret Service Protective File: Described in "Categories of individuals covered by the
system:  D."
</p><p>N. Violent Criminal Gang File: A cooperative federal-state program for the interstate exchange of
criminal gang information. For the purpose of this file, a "gang"  is defined as a group of three or
more persons with a common interest, bond, or activity characterized by criminal  delinquent
conduct. Described in "Categories of individuals covered by the system:  E. Members of Violent
Criminal Gangs."
</p><p>O. Terrorist File: A cooperative federal-state program for the exchange of information about
terrorist organizations and individuals. For the purposes of this file, "terrorism"  is defined as
activities that involve violent acts or acts dangerous to human life that are a violation of the
criminal laws of the United States or any state or would be a criminal violation if committed within
the jurisdiction of the United States or any states, which appear to be intended to:
</p><p>1. Intimidate or coerce a civilian population,
</p><p>2. Influence the policy of a government by intimidation or coercion, or
</p><p>3. Affect the conduct of a government by crimes or kidnaping. Described in "Categories of
individuals covered by the system:  F. Members of Terrorist Organizations."
</p><p>P. Unidentified Person File: Described in "Categories of individuals covered by the system:  G.
Unidentified Persons."
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The system is established and maintained in accordance with 28 U.S.C. 534; 28 CFR part 20;
Department of Justice Appropriation Act, 1973, Pub. L. 92-544, 86 Stat. 1115; Securities Acts
Amendment of 1975, Pub. L. 94-29, 89 Stat. 97; and 18 U.S.C. 924 (e). Exec. Order No. 10450, 3
CFR (1974).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The purpose for maintaining the NCIC system of records is to provide a computerized data
base for ready access by a criminal justice agency making an inquiry and for prompt disclosure of
information in the system from other criminal justice agencies about crimes and criminals. This
information assists authorized agencies in criminal justice objectives, such as apprehending
fugitives, locating missing persons, locating and returning stolen property, as well as in the
protection of the law enforcement officers encountering the individuals described in the system.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Data in NCIC files is exchanged with and for the official use of authorized officials of the
federal government, the states, cities, penal and other institutions, and certain foreign
governments. The data is exchanged most frequently, but not exclusively, through NCIC lines to
federal criminal justice agencies, criminal justice agencies in the 50 states, the District of
Columbia, Puerto Rico, U.S. Possessions, U.S. Territories, and certain authorized foreign and
international criminal justice agencies. Criminal history data is disseminated to non-criminal
justice agencies for use in connection with licensing for local/state employment or other uses, but
only where such dissemination is authorized by federal or state statute and approved by the Attorney
General of the United States.
</p><p>Data in NCIC files, other than the information described in "Categories of records in the system:
I, J, K, M, N, and O"  is disseminated to:
</p><p>(1) A nongovernmental agency or subunit thereof which allocates a substantial part of its annual
budget to the administration of criminal justice, whose regularly employed peace officers have full
police powers pursuant to state law and have complied with the minimum employment standards of
governmentally employed police officers as specified by state statute;
</p><p>(2) A noncriminal justice governmental department of motor vehicle or driver’s license registry
established by a statute, which provides vehicle registration and driver record information to
criminal justice agencies;
</p><p>(3) A governmental regional dispatch center, established by a state statute, resolution,
ordinance or Executive order, which provides communications services to criminal justice agencies;
and
</p><p>(4) The National Insurance Crime Bureau (NICB), a nongovernmental nonprofit agency which acts as
a national clearinghouse for information on stolen vehicles and offers free assistance to law
enforcement agencies concerning automobile thefts, identification and recovery of stolen vehicles.
</p><p>Disclosures of information from this system, as described in (1) through (4) above, are for the
purpose of providing information to authorized agencies to facilitate the apprehension of fugitives,
the location of missing persons, the location and/or return of stolen property, or similar criminal
justice objectives.
</p><p>Information on missing children, missing adults who were reported missing while children, and
unidentified living and deceased persons may be disclosed to the National Center for Missing and
Exploited Children (NCMEC). The NCMEC is a nongovernmental, nonprofit, federally funded corporation,
serving as a national resource and technical assistance clearinghouse focusing on missing and
exploited children. Information is disclosed to NCMEC to assist it in its efforts to provide
technical assistance and education to parents and local governments regarding the problems of
missing and exploited children, and to operate a nationwide missing children hotline to permit
members of the public to telephone the Center from anywhere in the United States with information
about a missing child.
</p><p>System records may be disclosed to criminal justice agencies for the conduct of background checks
under the National Instant Criminal Background Check System (NICS).
</p><p>System records may be disclosed to noncriminal justice governmental agencies performing criminal
justice dispatching functions or data processing/information services for criminal justice agencies.
</p><p>System records may be disclosed to private contractors pursuant to a specific agreement with a
criminal justice agency or a noncriminal justice governmental agency performing criminal justice
dispatching functions or data processing/information services for criminal justice agencies to
provide services for the administration of criminal justice pursuant to that agreement. The
agreement must incorporate a security addendum approved by the Attorney General of the United
States, which shall specifically authorize access to criminal history record information, limit the
use of the information to the purposes for which it is provided, ensure the security and
confidentiality of the information, provide for sanctions, and contain such other provisions as the
Attorney General may require. The power and authority of the Attorney General hereunder shall be
exercised by the FBI Director (or the Director’s designee).
</p><p>In addition, information may be released 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;
</p><p>System records may be disclosed to a Member of Congress or staff acting on 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; and,
</p><p>System records may be disclosed to the 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.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information maintained in the NCIC system is stored electronically for use in a computer
environment.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>On line access to data in NCIC is achieved by using the following search descriptors:
</p><p>A. Stolen Vehicle File:
</p><p>1. Vehicle identification number;
</p><p>2. Owner applied number;
</p><p>3. License plate number;
</p><p>4. NCIC number (unique number assigned by NCIC computer to each NCIC record.)
</p><p>B. Stolen License Plate File:
</p><p>1. License plate number;
</p><p>2. NCIC number.
</p><p>C. Stolen Boat File:
</p><p>1. Registration document number;
</p><p>2. Hull serial number;
</p><p>3. Owner applied number;
</p><p>4. NCIC number.
</p><p>D. Stolen Gun File:
</p><p>1. Serial number of gun;
</p><p>2. NCIC number.
</p><p>E. Stolen Article File:
</p><p>1. Serial number of article;
</p><p>2. Owner applied number;
</p><p>3. NCIC number.
</p><p>F. Securities File:
</p><p>1. Type, serial number, denomination of security, and issuer for other than U.S. Treasury issues
and currency;
</p><p>2. Type of security and name of owner of security;
</p><p>3. Social Security number of owner of security (it is noted the requirements of the Privacy Act
with regard to the solicitation of Social Security numbers have been brought to the attention of the
members of the NCIC system);
</p><p>4. NCIC number.
</p><p>G. Wanted Person File:
</p><p>1. Name and one of the following numerical identifiers:
</p><p>a. Date of birth;
</p><p>b. FBI number (number assigned by the Federal Bureau of Investigation to an arrest fingerprint
record);
</p><p>c. Social Security number (it is noted the requirements of the Privacy Act with regard to the
solicitation of Social Security numbers have been brought to the attention of the members of the
NCIC system);
</p><p>d. Operator’s license number (driver’s number);
</p><p>e. Miscellaneous identifying number (military number or number assigned by federal, state, or
local authorities to an individual’s record);
</p><p>f. Originating agency case number;
</p><p>2. Vehicle or license plate known to be in the possession of the wanted person;
</p><p>3. NCIC number.
</p><p>H. Foreign Fugitive File: See G, above.
</p><p>I. Interstate Identification Index File:
</p><p>1. Name, sex, race, and date of birth;
</p><p>2. FBI number;
</p><p>3. State identification number;
</p><p>4. Social Security number;
</p><p>5. Miscellaneous identifying number.
</p><p>J. Witness Security Program File: See G, above.
</p><p>K. BATF Violent Felon File: See G, above.
</p><p>L. Missing Person file: See G, above, plus the age, sex, race, height and weight, eye and hair
color of the missing person.
</p><p>M. U.S. Secret Service Protective File: See G, above.
</p><p>N. Violent Criminal Gang File: See G, above.
</p><p>O. Terrorist File: See G, above.
</p><p>P. Unidentified Person File: The age, sex, race, height and weight, eye and hair color of the
unidentified person.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Data stored in the NCIC is documented criminal justice agency information and access to that
data is restricted to duly authorized users. The following security measures are the minimum to be
adopted by all authorized users having access to the NCIC.
</p><p>Interstate Identification Index (III) File. These measures are designed to prevent unauthorized
access to the system data and/or unauthorized use of data obtained from the computerized file.
</p><p>1. Computer Center.
</p><p>a. The authorized user’s computer site must have adequate physical security to protect against
any unauthorized personnel gaining access to the computer equipment or to any of the stored data.
</p><p>b. Since personnel at these computer centers can have access to data stored in the system, they
must be screened thoroughly under the authority and supervision of an NCIC control terminal agency.
(This authority and supervision may be delegated to responsible criminal justice agency personnel in
the case of a satellite computer center being serviced through a state control terminal agency.)
This screening will also apply to non-criminal justice maintenance or technical personnel.
</p><p>c. All visitors to these computer centers must be accompanied by staff personnel at all times.
</p><p>d. Computers having access to the NCIC must have the proper computer instructions written and
other built-in controls to prevent criminal history data from being accessible to any terminals
other than authorized terminals.
</p><p>e. Computers having access to the NCIC must maintain a record of all transactions against the
criminal history file in the same manner the NCIC computer logs all transactions. The NCIC
identifies each specific agency entering or receiving information and maintains a record of those
transactions. This transaction record must be monitored and reviewed on a regular basis to detect
any possible misuse of criminal history data.
</p><p>f. Each State Control terminal shall build its data system around a central computer, through
which each inquiry must pass for screening and verification. The configuration and operation of the
center shall provide for the integrity of the data base.
</p><p>2. Communications:
</p><p>a. Lines/channels being used to transmit criminal history information must be dedicated solely to
criminal justice, i.e., there must be no terminals belonging to agencies outside the criminal
justice system sharing these lines/channels.
</p><p>b. Physical security of the lines/channels must be protected to guard against clandestine devices
being utilized to intercept or inject system traffic.
</p><p>3. Terminal Devices Having Access to NCIC:
</p><p>a. All authorized users having terminal on this system must be required to physically place
theses terminals in secure locations within the authorized agency.
</p><p>b. The authorized users having terminals with access to criminal history must screen terminal
operators and restrict access to the terminal to a minimum number of authorized employees.
</p><p>c. Copies of criminal history data obtained from terminal devices must be afforded security to
prevent any unauthorized access to or use of the data.
</p><p>d. All remote terminals on NCIS III will maintain a manual or automated log of computerized
criminal history inquiries with notations of individuals making requests for records for a minimum
of one year.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Unless otherwise removed, records will be retained in files as follows:
</p><p>A. Vehicle File:
</p><p>a. Unrecovered stolen vehicle records (including snowmobile records) which do not contain vehicle
identification numbers (VIN) or Owner-applied number (OAN) therein, will be purged from file 90 days
after date of entry. Unrecovered stolen vehicle records (including snowmobile records) which contain
VINS or OANs will remain in file for the year of entry plus 4.
</p><p>b. Unrecovered vehicles wanted in conjunction with a felony will remain in file for 90 days after
entry. In the event a longer retention period is desired, the vehicle must be reentered.
</p><p>c. Unrecovered stolen VIN plates, certificates of origin or title, and serially numbered stolen
vehicle engines or transmissions will remain in file for the year of entry plus 4. (Job No. NC1
-65-82-4, Part E. 13 h.(121A)
</p><p>B. License Plate File: Unrecovered stolen license plates will remain in file for one year after
the end of the plate’s expiration year as shown in the record. (Job no. NC1-65-82-
4, Part E. 13 h. (2)1A)
</p><p>C. Boat file: Unrecovered stolen boat records, which contain a hull serial number or an OAN, will
be retained in file for the balance of the year entered plus 4. Unrecovered stolen boat records
which do not contain a hull serial number or an OAN will be purged from file 90 days after date of
entry. (Job No. NC1-65-82-4, Part E. 13 h. (6))
</p><p>D. Gun File:
</p><p>a. Unrecovered weapons will be retained in file for an indefinite period until action is taken by
the originating agency to clear the record.
</p><p>b. Weapons entered in file as "recovered"  weapons will remain in file for the balance of the
year entered plus 2. (Job No. NC1-65-82-4, Part E. 13 h. (3))
</p><p>E. Article File: Unrecovered stolen articles will be retained for the balance of the year entered
plus one year. (Job No. NC1-65-82-4, Part E. 13 h. (4))
</p><p>F. Securities File: Unrecovered stolen, embezzled or counterfeited securities will be retained
for the balance of the year entered plus 4, except for travelers checks and money orders, which will
be retained for the balance of the year entered plus 2. (Job No. NC1-65-82-4, Part
E. 13 h. (5))
</p><p>G. Wanted Person File: Person not located will remain in file indefinitely until action is taken
by the originating agency to clear the record (except "Temporary Felony Wants" , which will be
automatically removed from the file after 48 hours" . (Job No. NC1-65-87-114, Part
E. 13 h. (7))
</p><p>H. Foreign Fugitive File: Person not located will remain in file indefinitely until action is
taken by the originating agency to clear the record.
</p><p>I. Interstate Identification Index File: When an individual reaches age of 99. (Job No. N1-
65-95-03)
</p><p>J. Witness Security Program File: Will remain in file until action is taken by the U.S. Marshals
Service to clear or cancel the records.
</p><p>K. BATF Violent Felon File: Will remain in file until action is taken by the BATF to clear or
cancel the records.
</p><p>L. Missing Persons File: Will remain in the file until the individual is located or action is
taken by the originating agency to clear the record. (Job No. NC1-65-87-11, Part E
13h (8))
</p><p>M.U.S. Secret Service Protective File: Will be retained until names are removed by the U.S.
Secret Service.
</p><p>N. Violent Criminal Gang File: Records will be subject to mandatory purge if inactive for five
years.
</p><p>O. Terrorist File: Records will be subject to mandatory purge if inactive for five years.
</p><p>P. Unidentified Person File: Will be retained for the remainder of the year of entry plus 9.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Federal Bureau of investigation, J. Edgar Hoover Building, 935 Pennsylvania
Avenue, NW., Washington, DC 20535-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as the above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>It is noted the Attorney General has exempted this system from the access and contest
procedures of the Privacy Act. However, the following alternative procedures are available to a
requester. The procedures by which an individual may obtain a copy of his or her criminal history
record from a state or local criminal justice agency are detailed in 28 CFR 20.34 appendix and are
essentially as follows:
</p><p>If an individual has a criminal record supported by fingerprints and that record has been entered
in the III System, it is available to that individual for review, upon presentation of appropriate
identification and in accordance with applicable state and federal administrative and statutory
regulations.
</p><p>Appropriate identification includes being fingerprinted for the purpose of insuring that the
individual is who the individual purports to be. The record on file will then be verified through
comparison of fingerprints.
</p><p>Procedure:
</p><p>1. All requests for review must be made by the subject of the record through a law enforcement
agency which has access to the III System. That agency within statutory or regulatory limits can
require additional identification to assist in securing a positive identification.
</p><p>2. If the cooperating law enforcement agency can make an identification with fingerprints
previously taken which are on file locally and if the FBI identification number of the individual’s
record is available to that agency, it can make an on-line inquiry through NCIC to obtain the III
System record or, if it does not have suitable equipment to obtain an on-line response, obtain the
record from Clarksburg, West Virginia, by mail. The individual will then be afforded the opportunity
to see that record.
</p><p>3. Should the cooperating law enforcement agency not have the individual’s fingerprints on file
locally, it is necessary for that agency to relate the prints to an existing record by having the
identification prints compared with those already on file in the FBI, or, possibly, in the state’s
central identification agency.
</p><p>The procedures by which an individual may obtain a copy of his or her criminal history record
from the FBI are set forth in 28 CFR 16.30-16.34.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>The Attorney General has exempted this system from the contest procedures of the Privacy
Act. Under the alternative procedures described above under "Record Access Procedures,"  the subject
of the requested record shall request the appropriate arresting agency, court, or correctional
agency to initiate action necessary to correct any stated inaccuracy in subject’s record or provide
the information needed to make the record complete. The subject of a record may also direct his/her
challenge as to the accuracy or completeness of any entry on his/her record to the FBI, Criminal
Justice Information Services (CJIS) Division, ATTN: SCU, Mod. D-2, 1000 Custer Hollow Road,
Clarksburg, WV 26306. The FBI will then forward the challenge to the agency which submitted the data
requesting that agency to verify or correct the challenged entry. Upon the receipt of an official
communication directly from the agency which contributed the original information, the FBI CJIS
Division will make any changes necessary in accordance with the information supplied by that agency.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information contained in the NCIC system is obtained from local, state, tribal, federal,
foreign, and international criminal justice agencies.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsection (c)(3) and (4); (d); (e)(1),
(2), and (3); (e)(4)(G) and (H), (e)(8) and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2)
and (k)(3). 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 <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FBI-002</systemNumber>
<subsection type="systemName">The FBI Central Records System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>a. Federal Bureau of Investigation, J. Edgar Hoover Building, 10th and Pennsylvania Avenue,
NW, Washington DC 20535; b. 56 field divisions (see Appendix); c. 16 Legal Attache (see Appendix).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>a. Individuals who relate in any manner to official FBI investigations including, but not
limited to subjects, suspects, victims, witnesses, and close relatives and associates who are
relevant to an investigation.
</p><p>b. Applicants for and current and former personnel of the FBI and persons related thereto who are
considered relevant to an applicant investigation, personnel inquiry, or other personnel matters.
</p><p>c. Applicants for and appointees to sensitive positions in the United States Government and
persons related thereto who are considered relevant to the investigation.
</p><p>d. Individuals who are the subject of unsolicited information, who offer unsolicited information,
request assistance, and make inquiries concerning record material, including general correspondence,
and contacts with other agencies, businesses, institutions, clubs; the public and the news media.
</p><p>e. Individuals associated with administrative operations or services including pertinent
functions, contractors and pertinent persons related thereto. (All manner of information concerning
individuals may be acquired in connection with and relating to the varied investigative
responsibilities of the FBI which are further described in "CATEGORIES OF RECORDS IN THE SYSTEM."
Depending on the nature and scope of the investigation this information may include, among other
things, personal habits and conduct, financial information, travel and organizational affiliation of
individuals. The information collected is made a matter of record and placed in FBI files.)
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The FBI Central Records Systems--The FBI utilizes a central records system of
maintaining its investigative, personnel, applicant, administrative, and general files. This system
consists of one numerical sequence of subject matter files, an alphabetical index to the files, and
a supporting abstract system to facilitate processing and accountability of all important mail
placed in files. This abstract system is both a textual and an automated capability for locating
mail. Files kept in FBI field offices are also structured in the same manner, except they do not
utilize an abstract system.
</p><p>The 281 classifications used by the FBI in its basic filing system pertain primarily to Federal
violations over which the FBI has investigative jurisdiction. However, included in the 281
classifications are personnel, applicant, and administrative matters to facilitate the overall
filing scheme. These classifications are as follows (the word "obsolete"  following the name of the
classification indicates the FBI is no longer initiating investigative cases in these matters,
although the material is retained for reference purposes):
</p><p>1. Training Schools; National Academy Matters: FBI National Academy Applicants. Covers general
information concerning the FBI National Academy, including background investigations of individual
candidates.
</p><p>2. Neutrality Matters. Title 18, United States Code, Sections 956 and 958 962; Title 22, United
States Code, Sections 1934 and 401.
</p><p>3. Overthrow or Destruction of the Government. Title 18, United States Code, Section 2385.
</p><p>4. National Firearms Act, Federal Firearms Act; State Firearms Control Assistance Act; Unlawful
Possession or Receipt of Firearms. Title 26, United States Code, Sections 5801-5812; Title 18,
United States Code, Sections 921-928; Title 18, United States Code, Sections 1201-1203.
</p><p>5. Income Tax. Covers violations of Federal income tax laws reported to the FBI. Complaints are
forwarded to the Commissioner of the Internal Revenue Service.
</p><p>6. Interstate Transportation of Strikebreakers. Title 18, United States Code, Section 1231.
</p><p>7. Kidnapping. Title 28, United States Code, Sections 1201 and 1202.
</p><p>8. Migratory Bird Act. Title 18, United States Code, Section 43; Title 16, United States Code,
Section 703 through 718.
</p><p>9. Extortion. Title 18, United States Code, Sections 876, 877, 875, and 873.
</p><p>10. Red Cross Act. Title 18, United States Code, Sections 706 and 917.
</p><p>11. Tax (Other than Income). This classification covers complaints concerning violations of
Internal Revenue law as they apply to other than alcohol, social security and income and profits
taxes, which are forwarded to the Internal Revenue Service.
</p><p>12. Narcotics. This classification covers complaints received by the FBI concerning alleged
violations of Federal drug laws. Complaints are forwarded to the headquarters of the Drug
Enforcement Administration (DEA), or the nearest district office of DEA.
</p><p>13. Miscellaneous. Section 125, National Defense Act, Prostitution; Selling Whiskey Within Five
Miles of An Army Camp, 1920 only. Subjects were alleged violators of abuse of U.S. flag, fraudulent
enlistment, selling liquor and operating houses of prostitution within restricted bounds of military
reservations. Violations of Section 13 of the Selective Service Act (Conscription Act) were enforced
by the Department of Justice as a war emergency measure with the Bureau exercising jurisdiction in
the detection and prosecution of cases within the purview of that Section.
</p><p>14. Sedition. Title 18, United States Code, Sections 2387, 2388, and 2391.
</p><p>15. Theft from Interest Shipment. Title 18, United States Code, Section 859; Title 18, United
States Code, Section 660; Title 18 United States Code, Section 2117.
</p><p>16. Violations of Federal Injunction (obsolete). Consolidated into Classification 69, "Contempt
of Court" .
</p><p>17. Fraud Against the Government, Department of Veterans Affairs, Department of Veterans Affairs
Matters. Title 18, United States Code, Section 287, 289, 290, 371, or 1001, and Title 38, United
States Code, Sections 787(a), 787(b), 3405, 3501, and 3502.
</p><p>18. May Act. Title 18, United States Code, Section 1384.
</p><p>19. Censorship Matter (obsolete). Pub. L. 77th Congress.
</p><p>20. Federal Grain Standards Act (obsolete) 1920 only. Subjects were alleged violators of
contracts for sale. Shipment of Interstate Commerce, Section 5, U.S. Grain Standards Act.
</p><p>21. Food and Drugs. This classification covers complaints received concerning alleged violations
of the Food, Drug and Cosmetic Act; Tea Act; Import Milk Act; Caustic Poison Act; and Filled Milk
Act. These complaints are referred to the Commissioner of the Food and Drug Administration of the
field component of that Agency.
</p><p>22. National Motor Vehicle Traffic Act, 1922-27 (obsolete). Subjects were possible
violators of the National Motor Vehicle Theft Act, Automobiles seized by Prohibitions Agents.
</p><p>23. Prohibition. This classification covers complaints received concerning bootlegging activities
and other violations of the alcohol tax laws. Such complaints are referred to the Bureau of Alcohol,
Tobacco and Firearms, Department of the Treasury, or field representatives of the Agency.
</p><p>24. Profiteering 1920-42 (obsolete). Subjects are possible violators of the Lever Act
--Profiteering in food and clothing or accused company was subject of file. Bureau conducted
investigations to ascertain profits.
</p><p>25. Selective Service Act; Selective Training and Service Act. Title 50, United States Code,
Section 462; Title 50, United States Code, Section 459.
</p><p>26. Interstate Transportation of Stolen Motor Vehicle; Interstate Transportation of Stolen
Aircraft. Title 18, United States Code, Sections 2311 (in part), 2312, and 2313.
</p><p>27. Patent Matter. Title 35, United States Code, Sections 104 and 105.
</p><p>28. Copyright Matter. Title 17, United States Code, Sections 104 and 105.
</p><p>29. Bank Fraud and Embezzlement. Title 18, United States Code, Sections 212, 213, 215, 334, 655
-657, 1004-1006, 1008, 1009, 1014, and 1306; Title 12, United States Code, Section
1725(g).
</p><p>30. Interstate Quarantine Law, 1922-25 (obsolete). Subjects alleged violators of Act of
February 15, 1893, as amended, regarding interstate travel of persons afflicted with infectious
diseases. Cases also involved unlawful transportation of animals, Act of February 2, 1903. Referrals
were made to Public Health Service and the Department of Agriculture.
</p><p>31. White Slave Traffic Act. Title 18, United States Code, Section 2421-2424.
</p><p>32. Identification (Fingerprint) Matters. This classification covers general information
concerning Identification (fingerprint) matters.
</p><p>33. Uniform Crime Reporting. This classification covers general information concerning the
Uniform Crime Reports, a periodic compilation of statistics of criminal violations throughout the
United States.
</p><p>34. Violation of Lacy Act. 1922-43. (obsolete) Unlawful Transportation and shipment of
black bass and fur seal skins.
</p><p>35. Civil Service. This classification covers complaints received by the FBI concerning Civil
Service matters which are referred to the Office of Personnel Management in Washington or regional
offices of that Agency.
</p><p>36. Mail Fraud. Title 18, United States Code, Section 1341.
</p><p>37. False Claims Against the Government. 1921-22 (obsolete). Subjects submitted claims for
allotment, vocational training, compensation as veterans under the Sweet Bill. Letters were
generally referred elsewhere (Veterans Bureau). Violators apprehended for violation of Article No.
1, War Risk Insurance Act.
</p><p>38. Application for Pardon to Restore Civil Rights. 1921-35 (obsolete). Subjects allegedly
obtained their naturalization papers by fraudulent means. Cases later referred to Immigration and
Naturalization Service.
</p><p>39. Falsely Claiming Citizenship (obsolete). Title 18, United States Code, Sections 911 and
1015(a)(b).
</p><p>40. Passport and Visa Matter. Title 18, United States Code, Sections 1451-1546.
</p><p>41. Explosives (obsolete). Title 50, United States Code, Sections 121 through 144.
</p><p>42. Deserter; Deserter, Harboring. Title 10, United States Code, Sections 808 and 885.
</p><p>43. Illegal Wearing of Uniforms; False Advertising or Misuse of Names, Words, Emblems or
Insignia; Illegal Manufacturer, Use, Possession, or Sale of Emblems and Insignia; Illegal
Manufacture, Possession, or Wearing of Civil Defense Insignia; Miscellaneous, Forging or Using
Forged Certificate of Discharge from Military or Naval Service; Miscellaneous, Falsely Making or
Forging Naval, Military, or Official Pass; Miscellaneous, Forging or Counterfeiting Seal of
Department or Agency of the United States, Misuse of the Great Seal of the United States or of the
Seals of the President or the Vice President of the United States; Unauthorized Use of "Johnny
Horizon"  Symbol; Unauthorized Use of Smokey Bear Symbol. Title 18, United States Code, Sections
702, 703, and 704; Title 18, United States Code, Sections 701, 705, 707, and 710; Title 36, United
States Code, Section 182; Title 50, Appendix, United States Code, Section 2284; Title 46, United
States Code, Section 249; Title 18, United States Code, Sections 498, 499, 506, 709, 711, 711a, 712,
713, and 714; Title 12, United States Code, Sections 1457 and 1723a; Title 22, United States Code,
Section 2518.
</p><p>44. Civil Rights; Civil Rights, Election Laws, Voting Rights Act, 1965, Title 18, United States
Code, Sections 241, 242, and 245; Title 42, United States Code, Section 1973; Title 18, United
States Code, Section 243; Title 18, United States Code, Section 244, Civil Rights Act--
Federally Protected Activities; Civil Rights Act--Overseas Citizens Voting Rights Act of 1975.
</p><p>45. Crime on the High Seas (includes stowaways on boats and aircraft). Title 18, United States
Code, Sections 7, 13, 1243, and 2199.
</p><p>46. Fraud Against the Government (includes Department of Health, Education and Welfare;
Department of Labor (CETA), and Miscellaneous Government Agencies), Anti-Kickback Statute;
Department Assistance Act of 1950; False Claims, Civil; Federal-Aid Road Act; Lead and Zinc Act;
Public Works and Economic Development Act of 1965; Renegotiation Act, Criminal; Renegotiation Act,
Civil; Trade Expansion Act of 1962; Unemployment Compensation Statutes; Economic Opportunity Act,
Title 50, United States Code, Section 1211 et seq.; Title 31, United States Code, Section 231; Title
41, United States Code, Section 119; Title 40, United States Code, Section 489.
</p><p>47. Impersonation. Title 18, United States Code, Sections 912, 913, 915, and 916.
</p><p>48. Postal. Violation (Except Mail Fraud). This classification covers inquiries concerning the
Postal Service and complaints pertaining to the theft of mail. Such complaints are either forwarded
to the Postmaster General or the nearest Postal Inspector.
</p><p>49. Bankruptcy Fraud. Title 18, United States Code, Sections 151-155.
</p><p>50. Involuntary Servitude and Slavery. U.S. Constitution, 13th Amendment; Title 18, United States
Code, Sections 1581-1588, 241, and 242.
</p><p>51. Jury Panel Investigations. This classification covers jury panel investigations which are
requested by the appropriate Assistant Attorney General as authorized by 28 U.S.C. 533 and AG
memorandum 781, dated November 9, 1972. These investigations can be conducted only upon such request
and consist of an indices and arrest check, and only in limited important trials where defendant
could have influence over a juror.
</p><p>52. Theft, Robbery, Embezzlement, Illegal Possession or Destruction of Government Property. Title
18, United States Code, Sections 641, 1024, 1660, 2112, and 2114. Interference With Government
Communications, Title 18, United States Code, Section 1632.
</p><p>53. Excess Profits on Wool. 1918 (obsolete). Subjects possible violators of Government Control of
Wool Clip Act of 1918.
</p><p>54. Customs Laws and Smuggling. This classification covers complaints received concerning
smuggling and other matters involving importation and entry of merchandise into and the exportation
of merchandise from the United States. Complaints are referred to the nearest district office of the
U.S. Customs Service or the Commissioner of Customs, Washington, DC.
</p><p>55. Counterfeiting. This classification covers complaints received concerning alleged violations
of counterfeiting of U.S. coins, notes, and other obligations and securities of the Government.
These complaints are referred to either the Director, U.S. Secret Service, or the nearest office of
that Agency.
</p><p>56. Election Laws. Title 18, United States Code, Sections 241, 242, 245, and 591-607; Title
42, United States Code, Section 1973; Title 26, United States Code, Sections 9012 and 9042; Title 2,
United States Code, Sections 431-437, 439, and 441.
</p><p>57. War Labor Dispute Act (obsolete). Pub. L. 89--77th Congress.
</p><p>58. Corruption of Federal Public Officials. Title 18, United States Code, Sections 201-203,
205-211; Public Law 89-4 and 89-136.
</p><p>59. World War Adjusted Compensation Act of 1924-44 (obsolete). Bureau of Investigation was
charged with the duty of investigating alleged violations of all sections of the World War Adjusted
Compensation Act (Pub. L. 472, 69th Congress (H.R. 10277)) with the exception of Section 704.
</p><p>60. Anti-Trust, Title 15, United States Code, Sections 1-7, 12-27, and 13.
</p><p>61. Treason or Misprision of Treason. Title 18, United States Code, Sections 2381, 2382, 2389,
2390, 756, and 757.
</p><p>62. Administrative Inquiries. Misconduct Investigations of Officers and Employees of the
Department of Justice and Federal Judiciary; Census Matters (Title 13, United States Code, Sections
211-214, 221-224, 304, and 305) Domestic Police Cooperation; Eight-Hour-Day Law (Title
40, United States Code, Sections 321, 332, 325a, 326); Fair Credit Reporting Act (Title 15, United
States Code, Sections 1681q and 1681r); Federal Cigarette Labeling and Advertising Act (Title 15,
United States Code, Section 1333); Federal Judiciary Investigations; Kickback Racket Act (Title 18,
United States Code, Section 874); Lands Division Matter, other Violations and/or Matters; Civil
Suits--Miscellaneous; Soldiers’ and Sailors’ Civil Relief Act of 1940 (Title 50, Appendix,
United States Code, Sections 510-590); Tariff Act of 1930 (Title 19, United States Code,
Section 1304); Unreported Interstate Shipment of Cigarettes (Title 15, United States Code, Sections
375 and 376); Fair Labor Standards Act of 1938 (Wages and Hours Law) (Title 29, United States Code,
Sections 201-219); Conspiracy (Title 18, United States Code, Section 371 (formerly Section 88,
Title 18, United States Code); effective September 1, 1948).
</p><p>63. Miscellaneous--Nonsubversive. This classification concerns correspondence from the
public which does not relate to matters within FBI jurisdiction.
</p><p>64. Foreign Miscellaneous. This classification is a control file utilized as a repository for
intelligence information of value identified by country. More specific categories are placed in
classification 108-113.
</p><p>65. Espionage. Attorney General Guidelines on Foreign Counterintelligence; Internal Security Act
of 1950; Executive Order 11905.
</p><p>66. Administrative Matters. This classification covers such items as supplies, automobiles,
salary matters and vouchers.
</p><p>67. Personnel Matters. This classification concerns background investigations of applicants for
employment with the FBI and folders for current and former employees.
</p><p>68. Alaskan matters (obsolete). This classification concerns FBI investigations in the Territory
of Alaska prior to its becoming a State.
</p><p>69. Contempt of Court. Title 18, United States Code, Sections 401, 402, 3285, 3691, 3692; Title
10, United States Code. Section 847; and Rule 42, Federal Rules of Criminal Procedure.
</p><p>70. Crime on Government Reservation. Title 18, United States Code, Sections 7 and 13.
</p><p>71. Bills of Lading Act, Title 49, United States Code, Section 121.
</p><p>72. Obstruction of Criminal Investigations: Obstruction of Justice, Obstruction of Court Orders.
Title 18, United States Code. Sections 1503 through 1510.
</p><p>73. Application for Pardon After Completion of Sentence and Application for Executive Clemency.
This classification concerns the FBI’s background investigation in connection with pardon
applications and request for executive clemency.
</p><p>74. Perjury. Title 18, United States Code, Sections 1621, 1622, and 1623.
</p><p>75. Bondsmen and Sureties. Title 18, United States Code, Section 1506.
</p><p>76. Escaped Federal Prisoner. Escape and Rescue; Probation Violator, Parole Violator, Mandatory,
Release Violator. Title 18, United States Code, Sections 751-757, 1072; Title 18, United
States Code. Sections 3651-3656; and Title 18, United States Code. Sections 4202-4207,
5037, and 4161-4166.
</p><p>77. Applicants (Special Inquiry, Departmental and Other Government Agencies, except those having
special classifications). This classification covers the background investigations conducted by the
FBI in connection with the aforementioned positions.
</p><p>78. Illegal Use of Government Transportation Requests. Title 18, United States Code, Section 287,
495, 508, 641, 1001 and 1002.
</p><p>79. Missing Persons. This classification covers the FBI’s Identification Division’s assistance in
the locating of missing persons.
</p><p>80. Laboratory Research Matters. At FBI Headquarters this classification is used for Laboratory
research matters. In field office files this classification covers the FBI’s public affairs matters
and involves contact by the FBI with the general public, Federal and State agencies, the Armed
Forces, Corporations, the news media and other outside organizations.
</p><p>81. Gold Hoarding. 1933-45. (obsolete) Gold Hoarding investigations conducted in accordance
with an Act of March 9, 1933 and Executive Order issued August 28, 1933. Bureau instructed by
Department to conduct no further investigations in 1935 under the Gold Reserve Act of 1934.
Thereafter, all correspondence referred to Secret Service.
</p><p>82. War Risk Insurance (National Life Insurance (obsolete)). This classification covers
investigations conducted by the FBI in connection with civil suits filed under this statute.
</p><p>83. Court of Claims. This classification covers requests for investigations of cases pending in
the Court of Claims from the Assistant Attorney General in charge of the Civil Division of the
Department of Justice.
</p><p>84. Reconstruction Finance Corporation Act (obsolete). Title 15, United States Code, Chapter 14.
</p><p>85. Home Owner Loan Corporation (obsolete). This classification concerned complaints received by
the FBI about alleged violations of the Home Owners Loan Act, which were referred to the Home Owners
Loan Corporation. Title 12, United States Code, Section 1464.
</p><p>86. Fraud Against the Government--Small Business Administration. Title 15, United States
Code, Section 645; Title 18, United States Code, Sections 212, 213, 215, 216, 217, 657, 658, 1006,
1011, 1013, 1014, 1906, 1907, and 1909.
</p><p>87. Interstate Transportation of Stolen Property (Heavy Equipment--Commercialized Theft).
Title 18, United States Code, Sections 2311, 2314, 2315 and 2318.
</p><p>88. Unlawful Flight to Avoid Prosecution, Custody, or Confinement; Unlawful Flight to Avoid
Giving Testimony. Title 18, United States Code, Sections 1073 and 1074.
</p><p>89. Assaulting or Killing a Federal Officer, Crimes Against Family Members, Congressional
Assassination Statute, Title 18, United States Code, Sections 1111, 1114, 2232.
</p><p>90. Irregularities in Federal Penal Institutions. Title 18, United States Code, Sections 1791 and
1792.
</p><p>91. Bank Burglary, Bank Larceny; Bank Robbery. Title 18, United States Code, Section 2113.
</p><p>92. Racketeer Enterprise Investigations. Title 18, United States Code. Section 3237.
</p><p>93. Ascertaining Financial Ability. This classification concerns requests by the Department of
Justice for the FBI to ascertain a person’s ability to pay a claim, fine or judgment obtained
against him by the United States Government.
</p><p>94. Research matters. This classification concerns all general correspondence of the FBI with
private individuals which does not involve any substantive violation of Federal law.
</p><p>95. Laboratory Cases (Examination of Evidence in Other Than Bureau’s Cases). The classification
concerns non-FBI cases where a duly constituted State, county or a municipal law enforcement agency
in a criminal matter has requested an examination of evidence by the FBI Laboratory.
</p><p>96. Alien Applicant (obsolete). Title 10, United States Code, Section 310.
</p><p>97. Foreign Agents Registration Act. Title 18, United States Code, Section 951; Title 22, United
States Code, Sections 611-621; Title 50, United States Code, Sections 851-857.
</p><p>98. Sabotage. Title 18, United States Code, Sections 2151-2156; Title 50, United States
Code, Section 797.
</p><p>99. Plant Survey (obsolete). This classification covers a program wherein the FBI inspected
industrial plants for the purpose of making suggestions to the operations of those plants to prevent
espionage and sabotage.
</p><p>100. Domestic Security. This classification covers investigations by the FBI in the domestic
security field, e.g., Smith Act violations.
</p><p>101. Hatch Act (obsolete). Public Law 252, 76th Congress.
</p><p>102. Voorhis Act, Title 18, United States Code, Section 1386.
</p><p>103. Interstate Transportation of Stolen Livestock, Title 18, United States Code, Sections 667,
2311, 2316 and 2317.
</p><p>104. Servicemen’s Dependents Allowance Act of 1942 (obsolete). Public Law 625, 77th Congress,
Sections 115-119.
</p><p>105. Foreign Counterintelligence Matters. Attorney General Guidelines on Foreign
Counterintelligence. Executive Order 11905.
</p><p>106. Alien Enemy Control; Escaped Prisoners of War and Internees, 1944-55 (obsolete).
Suspects were generally suspected escaped prisoners of war, members of foreign organizations, failed
to register under the Alien Registration Act. Cases ordered closed by Attorney General after alien
enemies returned to their respective countries upon termination of hostilities.
</p><p>107. Denaturalization Proceedings (obsolete). This classification covers investigation concerning
allegations that an individual fraudulently swore allegiance to the United States or in some other
manner illegally obtained citizenship to the U.S. Title 8, United States Code, Section 738.
</p><p>108. Foreign Travel Control (obsolete). This classification concerns security-type investigations
wherein the subject is involved in foreign travel.
</p><p>109. Foreign Political Matters. This classification is a control file utilized as a repository
for intelligence information concerning foreign political matters broken down by country.
</p><p>110. Foreign Economic Matters. This classification is a control file utilized as a repository for
intelligence information concerning foreign economic matters broken down by country.
</p><p>111. Foreign Social Conditions. This classification is a control file utilized as a repository
for intelligence information concerning foreign social conditions broken down by county.
</p><p>112. Foreign Funds. This classification is a control file utilized as a repository for
intelligence information concerning foreign funds broken down by country.
</p><p>113. Foreign Military and Naval Matters. This classification is a control file utilized as a
repository for intelligence information concerning foreign military and naval matters broken down by
country.
</p><p>114. Alien Property Custodian Matter (obsolete). Title 50, United States Code, Sections 1 through
38. This classification covers investigations concerning ownership and control of property subject
to claims and litigation under this statute.
</p><p>115. Bond Default; Bail Jumper. Title 18, United States Code, Sections 3146-3152.
</p><p>116. Department of Energy Applicant; Department of Energy, Employee. This classification concerns
background investigations conducted in connection with employment with the Department of Energy.
</p><p>117. Department of Energy, Criminal. Title 42, United States Code, Sections 2011-2281;
Public Law 93-438.
</p><p>118. Applicant, Intelligence Agency (obsolete). This classification covers applicant background
investigations conducted of persons under consideration for employment by the Central Intelligence
Group.
</p><p>119. Federal Regulation of Lobbying Act. Title 2, United States Code, ections 261-270.
</p><p>120. Federal Tort Claims Act, Title 28, United States Code, Sections 2671 to 2680. Investigations
are conducted pursuant to specific request from the Department of Justice in connection with cases
in which the Department of Justice represents agencies sued under the Act.
</p><p>121. Loyalty of Government Employees (obsolete). Executive Order 9835.
</p><p>122. Labor Management Relations Act, 1947. Title 29, United States Code, Sections 161, 162, 176
-178 and 186.
</p><p>123. Section inquiry, State Department, Voice of America (U.S. Information Center) (Public Law
402, 80th Congress) (obsolete). This classification covers loyalty and security investigations on
personnel employed by or under consideration for employment for Voice of America.
</p><p>124. European Recovery Program Administration, formerly Foreign Operations Administration,
Economic Cooperation Administration or E.R.P., European Recovery Programs; A.I.D. Agency for
International Development (obsolete). This classification covers security and loyalty investigation
of personnel employed by or under consideration for employment with the European Recovery Program,
Public Law 472, 80th Congress.
</p><p>125. Railway Labor Act; Railway Labor Act--Employer’s Liability Act Title 45, United States
Code, Sections 151-163 and 181-188.
</p><p>126. National Security Resources Board, Special Inquiry (obsolete). This classification covers
loyalty investigations on employees and applicants of the National Security Resources Board.
</p><p>127. Sensitive Positions in the United States Government, Public Law 266 (obsolete). Public Law
81st Congress.
</p><p>128. International Development Program (Foreign Operations Administration) (obsolete). This
classification covers background investigations conducted on individuals who are to be assigned to
duties under the International Development Program.
</p><p>129. Evacuation Claims (obsolete). Public Law 886, 80th Congress.
</p><p>130. Special Inquiry. Armed Forces Security Act (obsolete). This classification covers applicant-
type investigations conducted for the Armed Forces security agencies.
</p><p>131. Admiralty Matter. Title 46, United States Code, Sections 741-752 and 781-799.
</p><p>132. Special Inquiry, Office of Defense Mobilization (obsolete). This classification covers
applicant-type investigations of individuals associated with the Office of Defense Mobilization.
</p><p>133. National Science Foundation Act, Applicant (obsolete). Public Law 507, 81st Congress.
</p><p>134. Foreign Counterintelligence Assets. This classification concerns individuals who provide
information to the FBI concerning Foreign Counterintelligence matters.
</p><p>135. PROSAB (Protection of Strategic Air Command Bases of the U.S. Air Force (obsolete). This
classification covered contacts with individuals with the aim to develop information useful to
protect bases of the Strategic Air Command.
</p><p>136. American Legion Contact (obsolete). This classification covered liaison contracts with
American Legion offices.
</p><p>137. Informants. Other than Foreign Counterintelligence Assets. This classification concerns
individuals who furnish information to the FBI concerning criminal violations on a continuing and
confidential basis.
</p><p>138. Loyalty of Employees of the United Nations and Other Public International Organizations.
This classification concerns FBI investigations based on referrals from the Office of Personnel
Management wherein a question or allegation has been received regarding the applicant’s loyalty to
the U.S. Government as described in Executive Order 10422.
</p><p>139. Interception of Communications (Formerly, Unauthorized Publication or Use of
Communications). Title 47, United States Code, Section 605; Title 47, United States Code, Section
501; Title 18, United States Code, Sections 2510-2513.
</p><p>140. Security of Government Employees; Fraud Against the Government, Executive Order 10450.
</p><p>141. False Entries in Records of Interstate Carriers. Title 47, United States Code, Section 220;
Title 49, United States Code, Section 20.
</p><p>142. Illegal Use of Railroad Pass. Title 49, United States Code, Section 1.
</p><p>143. Interstate Transport of Gambling Devices. Title 15, United States Code, Sections 1171
through 1180.
</p><p>144. Interstate Transportation of Lottery Tickets. Title 18, United States Code, Section 1301.
</p><p>145. Interstate Transportation of Obscene Materials. Title 18, United States Code, Sections 1462,
1464, and 1465.
</p><p>146. Interstate Transportation of Prison-Made Goods. Title 18, United States Code, Sections 1761
and 1762.
</p><p>147. Fraud Against the Government--Department of Housing and Urban Development, Matters.
Title 18, United States Code, Sections 657, 709, 1006, and 1010; Title 12, United States Code,
Sections 1709 and 1715.
</p><p>148. Interstate Transportation of Fireworks. Title 18, United States Code, Section 836.
</p><p>149. Destruction of Aircraft or Motor Vehicles. Title 18, United States Code, Section 31-
35.
</p><p>150. Harboring of Federal Fugitives, Statistics (obsolete).
</p><p>151. (Referral cases received from the Office of Personnel Management under Pub. L. 298). Agency
for International Development; Department of Energy; National Aeronautics and Space Administration;
National Science Foundation; Peace Corps; Action; U.S. Arms Control and Disarmament Agency; World
Health Organization; International Labor Organization; International Communications Agency. This
classification covers referrals from the Office of Personnel Management where an allegation has been
received regarding an applicant’s loyalty to the U.S. Government. These referrals refer to
applicants from Peace Corps; Department of Energy, National Aeronautics and Space Administration,
Nuclear Regulatory Commission, United States Arms Control and Disarmament Agency and the
International Communications Agency.
</p><p>152. Switchblade Knife Act. Title 15, United States Code, Sections 1241-1244.
</p><p>153. Automobile Information Disclosure Act. Title 15, United States Code, Sections 1231-
1233.
</p><p>154. Interstate Transportation of Unsafe Refrigerators. Title 15, United States Code, Sections
1211-1214.
</p><p>155. National Aeronautics and Space Act of 1958. Title 18, United States Code, Section 799.
</p><p>156. Employee Retirement Income Security Act. Title 29, United States Code, Sections 1021-
1029, 1111, 1131, and 1141; Title 18, United States Code, Sections 644, 1027, and 1954.
</p><p>157. Civil Unrest. This classification concerns FBI responsibility for reporting information on
civil disturbances or demonstrations. The FBI’s investigative responsibility is based on the
Attorney General’s Guidelines for Reporting on Civil Disorders and Demonstrations Involving a
Federal Interest which became effective April 5, 1976.
</p><p>158. Labor-Management Reporting and Disclosure Act of 1959 (Security Matter) (obsolete). Public
Law 86-257, Section 504.
</p><p>159. Labor-Management Reporting and Disclosure Act of 1959 (Investigative Matter). Title 29,
United States Code, Sections 501, 504, 522, and 530.
</p><p>160. Federal Train Wreck Statute. Title 18, United States Code, Section 1992.
</p><p>161. Special Inquiries for White House, Congressional Committee and Other Government Agencies.
This classification covers investigations requested by the White House. Congressional committees or
other Government agencies.
</p><p>162. Interstate Gambling Activities. This classification covers information acquired concerning
the nature and scope of illegal gambling activities in each field office.
</p><p>163. Foreign Police Cooperation. This classification covers requests by foreign police for the
FBI to render investigative assistance to such agencies.
</p><p>164. Crime Aboard Aircraft. Title 49, United States Code, Sections 1472 and 1473.
</p><p>165. Interstate Transmission of Wagering Information. Title 18, United States Code, Section 1065.
</p><p>166. Interstate Transportation in Aid of Racketeering. Title 18, United States Code, Section
1952.
</p><p>167. Destruction of Interstate Property. Title 15, United States Code, Sections 1281 and 1282.
</p><p>168. Interstate Transportation of Wagering Paraphernalia. Title 18, United States Code, Section
1953.
</p><p>169. Hydraulic Brake Fluid Act (obsolete); 76 Stat. 437, Public Law 87-637.
</p><p>170. Extremist Informants (obsolete). This classification concerns individuals who provided
information on a continuing basis on various extremist elements.
</p><p>171. Motor Vehicle Seat Belt Act (obsolete). Pub. L. 88-201, 80th Congress.
</p><p>172. Sports Bribery. Title 18, United States Code, Section 244.
</p><p>173. Public Accommodations. Civil Rights Act of 1964 Public Facilities; Civil Rights Act of 1964
Public Education; Civil Rights Act of 1964 Employment; Civil Rights Act of 1964. Title 42, United
States Code, Section 2000; Title 18, United States Code, Section 245.
</p><p>174. Explosives and Incendiary Devices; Bomb Threats (Formerly Bombing Matters; Bombing Matters,
Threats). Title 18, United States Code, Section 844.
</p><p>175. Assaulting, Kidnapping or Killing the President (or Vice President) of the United States.
Title 18, United States Code, Section 1751.
</p><p>176. Anti-riot Laws. Title 18, United States Code, Section 245.
</p><p>177. Discrimination in Housing. Title 42, United States Code, Sections 3601-3619 and 3631.
</p><p>178. Interstate Obscene or Harassing Telephone Calls. Title 47, United States Code, Section 223.
</p><p>179. Extortionate Credit Transactions. Title 18, United States Code, Sections 891-896.
</p><p>180. Desecration of the Flag. Title 18, United States Code, Section 700.
</p><p>181. Consumer Credit Protection Act. Title 15, United States Code, Section 1611.
</p><p>182. Illegal Gambling Business: Illegal Gambling Business, Obstruction; Illegal Gambling Business
Forfeiture. Title 18, United States Code, Section 1955; Title 18, United States Code, Section 1511.
</p><p>183. Racketeer, Influence and Corrupt Organizations. Title 18, United States Code, Sections 1961
-1968.
</p><p>184. Police Killings. This classification concerns investigations conducted by the FBI upon
written request from local Chief of Police or duty constituted head of the local agency to actively
participate in the investigation of the killing of a police officer. These investigations are based
on a Presidential Directive dated June 3, 1971.
</p><p>185. Protection of Foreign Officials and Officials Guests of the United States. Title 18, United
States Code, Sections 112, 970, 1116, 1117, and 1201.
</p><p>186. Real Estate Settlement Procedures Act of 1974. Title 12, United States Code, Section 2602;
Title 12, United States Code, Section 2606, and Title 12, United States Code, Section 2607.
</p><p>187. Privacy Act of 1974, Criminal. Title 5, United States Code, Section 552a.
</p><p>188. Crime Resistance. This classification covers FBI efforts to develop new or improved
approaches, techniques, systems, equipment and devices to improve and strengthen law enforcement as
mandated by the Omnibus Crime Control and Safe Streets Action of 1968.
</p><p>189. Equal Credit Opportunity Act. Title 15, United States Code, Section 1691.
</p><p>190. Freedom of Information/Privacy Acts. This classification covers the creation of a
correspondence file to preserve and maintain accurate records concerning the handling of requests
for records submitted pursuant to the Freedom of Information--Privacy Acts.
</p><p>191. False Identity Matters. (obsolete) This classification covers the FBI’s study and
examination of criminal elements’ efforts to create false identities.
</p><p>192. Hobbs Act--Financial Institutions; Commercial Institutions Armored Carrier. Title 18,
United States Code, Section 1951.
</p><p>193. Hobbs Act--Commercial Institutions (obsolete). Title 18, United States Code, Section
1951; Title 47, United States Code, Section 506.
</p><p>194. Hobbs Act--Corruption of Public Officials. Title 18, United States Code, Section 1951.
</p><p>195. Hobbs Act--Labor Related. Title 18, United States Code, Section 1951.
</p><p>196. Fraud by Wire. Title 18, United States Code, Section 1343.
</p><p>197. Civil Actions or Claims Against the Government. This classification covers all civil suits
involving FBI matters and most administrative claims filed under the Federal Tort Claims Act arising
from FBI activities.
</p><p>198. Crime on Indian Reservations. Title 18, United States Code, Sections 1151, 1152, and 1153.
</p><p>199. Foreign Counterintelligence--Terrorism. Attorney General Guidelines on Foreign
Counterintelligence. Executive Order 11905.
</p><p>200. Foreign Counterintelligence Matters. Attorney General Guidelines on Foreign
Counterintelligence. Executive Order 11905.
</p><p>201. Foreign Counterintelligence Matters. Attorney General Guidelines on Foreign
Counterintelligence. Executive Order 11905.
</p><p>202. Foreign Counterintelligence Matters. Attorney General Guidelines on Foreign
Counterintelligence. Executive Order 11905.
</p><p>203. Foreign Counterintelligence Matters. Attorney General Guidelines on Foreign
Counterintelligence. Executive Order 11905.
</p><p>204. Federal Revenue Sharing. This classification covers FBI investigations conducted where the
Attorney General has been authorized to bring civil action whenever he has reason to believe that a
pattern or practice of discrimination in disbursement of funds under the Federal Revenue Sharing
status exists.
</p><p>205. Foreign Corrupt Practices Act of 1977. Title 15, United States Code, Section 78.
</p><p>206. Fraud Against the Government--Department of Defense, Department of Agriculture,
Department of Commerce, Community Services Organization, Department of Transportation. (See
classification 46 (supra) for a statutory authority for this and the four following
classifications.)
</p><p>207. Fraud Against the Government--Environmental Protection Agency, National Aeronautics and
Space Administration, Department of Energy, Department of Transportation.
</p><p>208. Fraud Against the Government--General Services Administration.
</p><p>209. Fraud Against the Government--Department of Health and Human Services (Formerly
Department of Health, Education, and Welfare).
</p><p>210. Fraud Against the Government--Department of Labor.
</p><p>211. Ethics in Government Act of 1978, Title VI (Title 28, Sections 591-596).
</p><p>212. Foreign Counterintelligence--Intelligence Community Support. This is an administrative
classification for the FBI’s operational and technical support to other Intelligence Community
agencies.
</p><p>213. Fraud Against the Government--Department of Education.
</p><p>214. Civil Rights of Institutionalized Persons Act (Title 42, United States Code, Section 1997).
</p><p>215. Foreign Counterintelligence Matters. Attorney General Guidelines on Foreign
Counterintelligence. Executive Order 11905.
</p><p>216. thru 229. Foreign Counterintelligence Matters. (Same authority as 215.)
</p><p>230. thru 240. FBI Training Matters.
</p><p>241. DEA Applicant Investigations.
</p><p>242. Automation Matters.
</p><p>243. Intelligence Identities Protection Act of 1982.
</p><p>244. Hostage Rescue Team.
</p><p>245. Drug Investigative Task Force.
</p><p>246 thru 248. Foreign Counterintelligence Matters. (Same authority as 215.)
</p><p>249. Environmental Crimes--Investigations involving toxic or hazardous waste violations.
</p><p>250. Tampering With Consumer Products (Title 18, U.S. Code, Section 1395).
</p><p>251. Controlled Substance-- Robbery;--Burglary (Title 18, U.S. Code, section 2118).
</p><p>252. Violent Crime Apprehension Program (VICAP). Case folders containing records relevant to the
VICAP Program, in conjunction with the National Center for the Analysis of Violent Crime Record
System at the FBI Academy; Quantico, Virginia.
</p><p>253. False Identification Crime Control Act of 1982 (Title 18, U.S. Code, Section 1028--
Fraud and Related Activity in Connection With Identification Documents, and Section 1738--
Mailing Private Identification Documents Without a Disclaimer).
</p><p>254. Destruction of Energy Facilities (Title 18, U.S. Code, Section 1365) relates to the
destruction of property of nonnuclear energy facilities.
</p><p>255. Counterfeiting of State and Corporate Securities (Title 18, U.S. Code, Section 511) covers
counterfeiting and forgery of all forms of what is loosely interpreted as securities.
</p><p>256. Hostage Taking--Terrorism (Title 18, U.S. Code, Section 1203) prohibits taking of
hostage(s) to compel third party to do or refrain from doing any act.
</p><p>257. Trademark Counterfeiting Act (Title 18, United States Code, section 2320) covers the
international trafficking in goods which bear a counterfeited trademark.
</p><p>258. Credit Card Fraud Act of 1984 (Title 18, United States Code, section 1029) covers fraud and
related activities in connection with access devices (credit and debit cards).
</p><p>259. Security Clearance Investigations Program. (Same authority as 215.)
</p><p>260. Industrial Security Program. (Same authority as 215.)
</p><p>261. Security Officer Matters. (Same authority as 215.)
</p><p>262. Overseas Homicide (Attempted Homicide--International Terrorism). Title 18, United
States Code, Section 2331.
</p><p>263. Office of Professional Responsibility Matters.
</p><p>264. Computer Fraud and Abuse Act of 1986. Electronic Communications Privacy Act of 1986. Title
18, United States Code, Section 1030; Title 18, United States Code, Section 2701.
</p><p>265. Acts of Terrorism in the United States--International Terrorist. (Followed by predicate
offense from other classification.)
</p><p>266. Acts of Terrorism in the United States--Domestic Terrorist. (Followed by predicate
offense from other classification.)
</p><p>267. Drug-Related Homicide. Title 21, U.S. Code, Section 848(e).
</p><p>268. Engineering Technical Matters--FCI.
</p><p>269. Engineering Technical Matters--Non-FCI.
</p><p>270. Cooperative Witnesses.
</p><p>271. Foreign Counterintelligence Matters. Attorney General Guidelines on Foreign
Counterintelligence. Executive Order 11905.
</p><p>272. Money Laundering. Title 18, U.S. Code, Sections 1956 and 1957.
</p><p>273. Adoptive Forfeiture Matter--Drug. Forfeiture based on seizure of property by state,
local or other Federal authority.
</p><p>274. Adoptive Forfeiture Matter--Organized Crime. (Same explanation as 273.)
</p><p>275. Adoptive Forfeiture Matter--White Collar Crime. (Same explanation as 273.)
</p><p>276. Adoptive Forfeiture Matter--Violent Crime/Major Offenders Program. (Same explanation as
273.)
</p><p>277. Adoptive Forfeiture Matter--Counterterrorism Program. (Same explanation as 273.)
</p><p>278. Presidents Intelligence Oversight Board. Executive Order 12334.
</p><p>279. Biological Weapons Anti-Terrorism Act of 1989. (Title 18, U.S. Code, Sections 175-
179).
</p><p>280. Equal Employment Opportunity Investigations.
</p><p>281. Organized Crime Drug Investigations. Records Maintained in FBI Field Divisions--FBI
field divisions maintain for limited periods of time investigative, administrative and
correspondence records, including files, index cards and related material, some of which are
duplicated copies of reports and similar documents forwarded to FBI Headquarters. Most investigative
activities conducted by FBI field divisions are reported to FBI Headquarters at one or more stages
of the investigation. There are, however, investigative activities wherein no reporting was made to
FBI Headquarters, e.g., pending cases not as yet reported and cases which were closed in the field
division for any of a number of reasons without reporting to FBI Headquarters.
</p><p>Duplicate records and records which extract information reported in the main files are also kept
in the various divisions of the FBI to assist them in their day-to-day operation. These records are
lists of individuals which contain certain biographic data, including physical description and
photograph. They may also contain information concerning activities of the individual as reported to
FBIHQ by the various field offices. The establishment of these lists is necessitated by the needs of
the Division to have immediate access to pertinent information duplicative of data found in the
central records without the delay caused by a time-consuming manual search of central indices. The
manner of segregating these individuals varies depending on the particular needs of the FBI
Division. The information pertaining to individuals who are a part of the list is derivative of
information contained in the Central Records System. These duplicative records fall into the
following categories:
</p><p>(1) Listings of individuals used to assist in the location and apprehension of individuals for
whom legal process is outstanding (fugitives):
</p><p>(2) Listings of individuals used in the identification of particular offenders in cases where the
FBI has jurisdiction. These listings include various photograph albums and background data
concerning persons who have been formerly charged with a particular crime and who may be suspect in
similar criminal activities; and photographs of individuals who are unknown but suspected of
involvement in a particular criminal activity, for example, bank surveillance photographs:
</p><p>(3) Listings of individuals as part of an overall criminal intelligence effort by the FBI. This
would include photograph albums, lists of individuals known to be involved in criminal activity,
including theft from interstate shipment, interstate transportation of stolen property, and
individuals in the upper echelon of organized crime:
</p><p>(4) Listings of individuals in connection with the FBI’s mandate to carry out Presidential
directives on January 8, 1943, July 24, 1950, December 15, 1953, and February 18, 1976, which
designated the FBI to carry out investigative work in matters relating to espionage, sabotage, and
foreign counterintelligence. These listings may include photograph albums and other listings
containing biographic data regarding individuals. This would include lists of identified and
suspected foreign intelligence agents and informants:
</p><p>(5) Special indices duplicative of the central indices used to access the Central Records System
have been created from time to time in conjunction with the administration and investigation of
major cases. This duplication and segregation facilitates access to documents prepared in connection
with major cases.
</p><p>In recent years, as the emphasis on the investigation of white collar crime, organized crime, and
hostile foreign intelligence operations has increased, the FBI has been confronted with increasingly
complicated cases, which require more intricate information processing capabilities. Since these
complicated investigations frequently involve massive volumes of evidence and other investigative
information, the FBI uses its computers, when necessary to collate, analyze, and retrieve
investigative information in the most accurate and expeditious manner possible. It should be noted
that this computerized investigative information, which is extracted from the main files or other
commercial or governmental sources, is only maintained as necessary to support the FBI’s
investigative activities. Information from these internal computerized subsystems of the "Central
Records System"  is not accessed by any other agency. All disclosures of computerized information
are made in printed form or other appropriate format, in accordance with the routine uses which are
set forth below and in compliance with applicable security requirements.
</p><p>Records also are maintained on a temporary basis relevant to the FBI’s domestic police
cooperating program, where assistance in obtaining information is provided to state and local police
agencies. Also, personnel type information, dealing with such matters as attendance and production
and accuracy requirements is maintained by some divisions.
</p><p>(The following chart identifies various listings or indexes maintained by the FBI which have been
or are being used by various divisions of the FBI in their day-to-day operations. The chart
identifies the list by name, description and use, and where maintained, i.e., FBI Headquarters
and/or Field Office. The number of field offices which maintain these indices is also indicated. The
list indicates those indexes which are in current use (designated by the word "active" ) and those
which are no longer being used, although maintained (designated by the word "inactive" ). There are
27 separate indices which are classified in accordance with existing regulations and are not
included in this list. The following indices are no longer being used by the FBI and are being
maintained at FBIHQ pending receipt of authority to destroy: Black Panther Party Photo Index; Black
United Front Index; Security Index; and Wounded Knee Album.)
</p><p>1. Administrative Index (ADEX). Consists of cards with descriptive data on individuals who were
subject to investigation in a national emergency because they were believed to constitute a
potential or active threat to the internal security of the United States. When ADEX was started in
1971, it was made up of people who were formerly on the Security Index, Reserve Index, and Agitator
Index. This index is maintained in two separate locations in FBI Headquarters. ADEX was discontinued
in January 1978. This list is inactive at FBI Headquarters and 29 Field Offices.
</p><p>2. Anonymous Letter File. Consists of photographs of anonymous communications and extortionate
credit transactions, kidnapping, extortion and threatening letters. It is active at FBI
Headquarters.
</p><p>3. Associates of DEA Class I Narcotics Violators Listing. Consists of a computer listing of
individuals whom DEA has identified as associates of Class I Narcotics Violators. It is active at
FBI Headquarters and 56 Field Offices.
</p><p>4. Background Investigation Index--Department of Justice. Consists of cards on persons who
have been the subject of a full field investigation in connection with their consideration of
employment in sensitive positions with Department of Justice, such as U.S. Attorney, Federal judges,
or a high level Department position. It is active at FBI Headquarters.
</p><p>5. Background Investigation Index--White House, Other Executive Agencies, and Congress.
Consists of cards on persons who have been the subject of a full field investigation in connection
with their consideration for employment in sensitive positions with the White House, Executive
agencies (other than the Department of Justice) and the Congress. Active at FBI Headquarters.
</p><p>6. Bank Fraud and Embezzlement Index. Consists of individuals who have been the subject of "Bank
Fraud and Embezzlement"  investigation. This file is used as an investigative aid. It is active in
one Field Office.
</p><p>7. Bank Robbery Album. Consists of photos of bank robbers, burglars, and larceny subjects. In
some field offices it will also contain pictures obtained from local police departments of known
armed robbers and thus potential bank robbers. The index is used to develop investigative leads in
bank robbery cases and may also be used to show to witnesses of bank robberies. It is usually filed
by race, height, and age. This index is also maintained in one resident agency (a suboffice of a
field office). Active in 47 Field Offices.
</p><p>8. Bank Robbery Nickname Index. Consists of nicknames used by known bank robbers. The index cards
on each would contain the real name and method of operation and are filed in alphabetical order.
Active in one Field Office.
</p><p>9. Bank Robbery Note File. Consists of photographs of notes used in bank robberies in which the
suspect has been identified. This index is used to help solve robberies in which the subject has not
been identified but a note was left. The role is compared with the index to try to match the
sentence structure and handwriting for the purpose of identifying possible suspects. Active at FBI
Headquarters.
</p><p>10. Bank Robbery Suspect Index. Consists of a control file or index cards with photos, if
available, of bank robbers or burglars. In some field offices these people may be part of a bank
robbery album. This index is generally maintained and used in the same manner as the bank robbery
album. Active in 33 Field Offices.
</p><p>11. Car Ring Case Photo Album. Consists of photos of subjects and suspects involved in a large
car theft ring investigation. It is used as an investigative aid. Active in one Field Office.
</p><p>12. Car Ring Case Photo Album and Index. Consists of photos of subjects and suspects involved in
a large car theft ring investigation. The card index maintained in addition to the photo album
contains the names and addresses appearing on fraudulent title histories for stolen vehicles. Most
of these names appearing on these titles are fictitious. But the photo album and card indexes are
used as an investigative aid. Active in one Field Office.
</p><p>13. Car Ring Case Toll Call Index. Consists of cards with information on persons who subscribe to
telephone numbers to which toll calls have been placed by the major subjects of a large car theft
ring investigation. It is maintained numerically by telephone number. It is used to facilitate the
development of probable cause for a court-approved wiretap. Active in two Field Offices.
</p><p>14. Car Ring Theft Working Index. Contains cards on individuals involved in car ring theft cases
on which the FBI Laboratory is doing examination work. Active at FBI Headquarters.
</p><p>15. Cartage Album. Consists of photos with descriptive data of individuals who have been
convicted of theft from interstate shipment or interstate transportation of stolen property where
there is a reason to believe they may request the offense. It is used in investigating the above
violations. Active in three Field Offices.
</p><p>16. Channelizing Index. Consists of cards with the names and case file numbers of people who are
frequently mentioned in information reports. The index is used to facilitate the distributing or
channeling of information reports to appropriate files. Active in nine Field Offices.
</p><p>17. Check Circular File. Consists of fliers numerically in a control file on fugitives who are
notorious fraudulent check passers and who are engaged in a continuing operation of passing checks.
The fliers, which include the subject’s name, photo, a summary of the subject’s method of operation
and other identifying data, are used to alert other FBI field offices and business establishments
which may be the victims of bad checks.
</p><p>18. Computerized Telephone Number File (CTNF) Intelligence. Consists of a computer listing of
telephone numbers (and) subscribers’ names and addresses) utilized by subjects and/or certain
individuals which come to the FBI’s attention during major investigations. During subsequent
investigations, telephone numbers, obtained through subpoena, are matched with the telephone numbers
on file to determine connections or associations. Active at FBI Headquarters.
</p><p>19. Con Man Index. Consists of computerized names of individuals, along with company affiliation,
who travel nationally and internationally while participating in large-dollar-value financial
swindles. Active in four Field Offices.
</p><p>20. Confidence Game (Flim Flam) Album. Consists of photos with descriptive information on
individuals who have been arrested for confidence games and related activities. It is used as an
investigative aid. Active in one Field Office.
</p><p>21. Copyright Matters Index. Consists of cards of individuals who are film collectors and film
titles. It is used as a reference in the investigation of copyright matters. Active in one Field
Office.
</p><p>22. Criminal Intelligence Index. Consists of cards with name and file number of individuals who
have become the subject of an antiracketeering investigation. The index is used as a quick way to
ascertain file numbers and the correct spelling of names. This index is active in two Field Offices
and one Resident Agency.
</p><p>23. Criminal Informant Index. Consists of cards containing identity and brief background
information on all active and inactive informants furnishing information in the criminal area.
Active at FBI Headquarters.
</p><p>24. DEA Class 1 Narcotics Violators Listing. Consists of a computer listing of narcotic violators
--persons known to manufacture, supply, or distribute large quantities of illicit drugs--
with background data. It is used by the FBI in their role of assisting DEA in disseminating
intelligence data concerning illicit drug trafficking. This index is also maintained in two resident
agencies.
</p><p>25. Deserter Index. Contains cards with the names of individuals who are known military
deserters. It is used as an investigative aid. Active in four Field Offices.
</p><p>26. False Identities Index. Contains cards with the names of deceased individuals whose birth
certificates have been obtained by other persons for possible false identification uses and in
connection with which the FBI laboratory has been requested to perform examinations. Inactive at FBI
Headquarters.
</p><p>27. False Identities List. Consists of a listing of names of deceased individuals whose birth
certificates have been obtained after the person’s death, and thus whose names are possibly being
used for false identification purposes. The listing is maintained as part of the FBI’s program to
find persons using false identities for illegal purposes. Inactive at 31 Field Offices.
</p><p>28. False Identity Photo Album. Consists of names and photos of people who have been positively
identified as using a false identification. This is used as an investigative aid in the FBI’s
investigation of false identities. Inactive in two Field Offices.
</p><p>29. FBI/Inspector General (IG) Case Pointer System (FICPS). Consists of a computerized listing of
individual names of organizations which are the subject of active and inactive fraud investigations,
along with the name of the agency conducting the investigation. Data is available to IG offices
throughout the federal government to prevent duplication of investigative activity. Active at FBI
Headquarters.
</p><p>30. FBI Wanted Persons Index. Consists of cards on persons being sought on the basis of Federal
warrants covering violations which fall under the jurisdiction of the FBI. It is used as a ready
reference to identify those fugitives. Active at FBI Headquarters.
</p><p>31. Foreign Counterintelligence (FCI). Consists of cards with identity background data on all
active and inactive operational and informational assets in the foreign counterintelligence field.
It is used as a reference aid on the FCI Asset program. Active at FBI Headquarters.
</p><p>32. Fraud Against the Government Index. Consists of individuals who have been the subject of a
"fraud against the Government" investigation. It is used as an investigative aid. Active in one
Field Office.
</p><p>33. Fugitive Bank Robbers File. Consists of fliers on bank robbery fugitives filed sequentially
in a control file. FBI Headquarters distributes to the field offices fliers on bank robbers in a
fugitive status for 15 or more days to facilitate their location. Active at FBI Headquarters and in
43 Field Offices.
</p><p>34. General Security Index. Contains cards on all persons that have been the subject of a
security classification investigation by the FBI field office. These cards are used for general
reference purposes. Active in one Field Office.
</p><p>35. Hoodlum License Plate Index. Consists of cards with the license plate numbers and descriptive
data on known hoodlums and cars observed in the vicinity of hoodlum homes. It is used for quick
identification of such person in the course of investigation. The one index which is not fully
retrievable is maintained by a resident agency. Active in three Field Offices.
</p><p>36. Identification Order Fugitive Flier File. Consists of fliers numerically in a control file.
When immediate leads have been exhausted in fugitive investigations and a crime of considerable
public interest has been committed, the fliers are given wide circulation among law enforcement
agencies throughout the United States and are posted in post offices. The fliers contain the
fugitive’s photograph, fingerprints, and description. Active at FBI Headquarters and in 49 Field
Offices.
</p><p>37. Informant Index. Consists of cards with the name, symbol numbers, and brief background
information on the following categories of active and inactive informants, top echelon criminal
informants, security informants, criminal information, operational and informational assets,
extremist informants (discontinued), plant informant--informants on and about certain military
basis (discontinued), and potential criminal informants. Active in 56 Field Offices.
</p><p>38. Informants in Other Field Offices, Index of. Consist of cards with names and/or symbol
numbers of informants in other FBI field offices that are in a position to furnish information that
would also be included on the index card. Active in 15 Field Offices.
</p><p>39. Interstate Transportation of Stolen Aircraft Photo Album. Consists of photos and descriptive
data on individuals who are suspects known to have been involved in interstate transportation of
stolen aircraft. It is used as an investigative aid. Active in one Field Office.
</p><p>40. IRS Wanted List. Consists of one-page fliers from IRS on individuals with background
information who are wanted by IRS for tax purposes. It is used in the identification of persons
wanted by IRS. Active in 11 Field Offices.
</p><p>41. Kidnapping Book. Consists of data, filed chronologically, on kidnappings that have occurred
since the early fifties. The victims’ names and the suspects, if known, would be listed with a brief
description of the circumstances surrounding the kidnapping. The file is used as a reference aid in
matching up prior methods of operation in unsolved kidnapping cases. Active at FBI Headquarters and
inactive in four Field Offices.
</p><p>42. Known Check Passers Album. Consists of photos with descriptive data of persons known to pass
stolen, forged, or counterfeit checks. It is used as an investigative aid. Active in four Field
Offices.
</p><p>43. Known Gambler Index. Consists of cards with names, descriptive data, and sometimes photos of
individuals who are known bookmakers and gamblers. The index is used in organized crime and gambling
investigations. Subsequent to GAO’s review, and at the recommendation of the inspection team at one
of the two field offices where the index was destroyed and thus is not included in the total. Active
in five Field Offices.
</p><p>44. La Cosa Nostra (LCN) Membership Index. Contains cards on individuals having been identified
as members of the LCN index. The cards contain personal data and pictures. The index is used solely
by FBI agents for assistance in investigating organized crime matters. Active at FBI Headquarters
and 55 Field Offices.
</p><p>45. Leased Line Letter Request Index. Contains cards on individuals and organizations who are or
have been the subject of a national security electronic surveillance where a leased line letter was
necessary. It is used as an administrative and statistical aid. Active at FBI Headquarters.
</p><p>46. Mail Cover Index. Consists of cards containing a record of all mail covers conducted on
individuals and group since about January 1973. It is used for reference in preparing mail cover
requests. Active at FBIHQ.
</p><p>47. Military Deserter Index. Consists of cards containing the names of all military deserters
where the various military branches have requested FBI assistance in locating. It is used as an
administrative aid. Active at FBI Headquarters.
</p><p>48. National Bank Robbery Album. Consists of fliers on bank robbery suspects held sequentially in
a control file. When an identifiable bank camera photograph is available and the case has been under
investigation for 30 days without identifying the subject, FBIHQ sends a flier to the field offices
to help identify the subject. Active at FBI Headquarters and in 42 Field Offices.
</p><p>49. National Fraudulent Check File. Contains photographs of the signature on stolen and
counterfeit checks. It is filed alphabetically but there is no way of knowing the names are real or
fictitious. The index is used to help solve stolen check cases by matching checks obtained in such
cases against the index to identify a possible suspect. Active at FBI Headquarters.
</p><p>50. National Security Electronic Surveillance Card File. Contains cards recording electronic
surveillances previously authorized by the Attorney General and previously and currently authorized
by the FISC; current and previous assets in the foreign counterintelligence field; and a historical,
inactive section which contains cards believed to record nonconsented physical entries in national
security cases, previously toll billings, mail covers and leased lines. The inactive section also
contains cards Attorney General approvals and denials for warrantless electronic surveillance in the
national security cases. Inactive at FBI Headquarters.
</p><p>51. Night Depository Trap Index. Contains cards with the names of persons who have been involved
in the theft of deposits made in bank night depository boxes. Since these thefts have involved
various methods, the FBI uses the index to solve such cases by matching up similar methods to
identify possible suspects. Active at FBI Headquarters.
</p><p>52. Organized Crime Photo Album. Consists of photos and background information on individuals
involved in organized crime activities. The index is used as a ready reference in identifying
organized crime figures within the field offices’ jurisdiction. Active in 13 Field Offices.
</p><p>53. Photospread Identification Elimination File. Consists of photos of individuals who have been
subjects and suspects in FBI investigations. It also includes photos received from other law
enforcement agencies. These pictures can be used to show witnesses of certain crimes. Active in 14
Field Offices.
</p><p>54. Prostitute Photo Album. Consists of photos with background data on prostitutes who have prior
local or Federal arrests for prostitution. It is used to identify prostitutes in connection with
investigations under the White Slave Traffic Act. Active in four Field Offices.
</p><p>55. Royal Canadian Mounted Policy (RCMP) Wanted Circular File. Consists of a control file of
individuals with background information of persons wanted by the RCMP. It is used to notify the RCMP
if an individual is located. Active in 17 Field Offices.
</p><p>56. Security Informant Index. Consists of cards containing identity and brief background
information on all active and inactive informants furnishing information in the criminal area.
Active at FBI Headquarters.
</p><p>57. Security Subjects Control Index. Consists of cards containing the names and case file numbers
of individuals who have been subject to security investigations check. It is used as a reference
source. Active in one Field Office.
</p><p>58. Security Telephone Number Index. Contains cards with telephone subscriber information
subpoenaed from the telephone company in any security investigation. It is maintained numerically by
the last three digits in the telephone number. It is used for general reference purposes in security
investigations. Active in one Field Office.
</p><p>59. Selective Service Violators Index. Contains cards on individuals being sought on the basis of
Federal warrants for violation of the Selective Service Act. Active at FBI Headquarters.
</p><p>60. Sources of Information Index. Consists of cards on individuals and organizations such as
banks, motels, local government that are willing to furnish information to the FBI with sufficient
frequency to justify listing for the benefit of all agents. It is maintained to facilitate the use
of such sources. Active in 10 Field Offices.
</p><p>61. Special Services Index. Contains cards of prominent individuals who are in a position to
furnish assistance in connection with FBI investigative responsibility. Active in 28 Field Offices.
</p><p>62. Stolen Checks and Fraud by Wire Index. Consists of cards on individuals involved in check and
fraud by wire violations. It is used as an investigative aid. Active in one Field Office.
</p><p>63. Stop Notices Index. Consists of cards on names of subjects or property where the field office
has placed a stop at another law enforcement agency or private business such as pawn shops in the
event information comes to the attention of that agency concerning the subject or property. This is
filed numerically by investigative classification. It is used to insure that the agency where the
stop is placed is notified when the subject is apprehended or the property is located or recovered.
Active in 43 Field Offices.
</p><p>64. Surveillance Locator Index. Consists of cards with basic data on individuals and businesses
which have come under physical surveillance in the city in which the field office is located. It is
used for general reference purposes in antiracketeering investigations. Active in two Field Offices.
</p><p>65. Telephone Number Index--Gamblers. Contains information on persons identified usually as
a result of a subpoena for the names of subscribers to particular telephone numbers or toll records
for a particular phone number of area gamblers and bookmakers. The index cards are filed by the last
three digits of the telephone number. The index is used in gambling investigations. Active in two
Field Offices.
</p><p>66. Telephone Subscriber and Toll Records Check Index. Contains cards with information on persons
identified as the result of a formal request or subpoena to the phone company for the identity of
subscribers to particular telephone numbers. The index cards are filed by telephone number and would
also include identity of the subscriber, billing party’s identity, subscriber’s address, date of
request from the telephone company, and file number. Active in one Field Office.
</p><p>67. Thieves, Couriers and Fences Photo Index. Consists of photos and background information on
individuals who are or are suspected of being thieves, couriers, or fences based on their past
activity in the area of interstate transportation of stolen property. It is used as an investigative
aid. Active in four Field Offices.
</p><p>68. Toll Record Request Index. Contains cards on individuals and organizations on whom toll
records have been obtained in national security related cases and with respect to which FBIHQ had to
prepare a request letter. It is used primarily to facilitate the handling of repeat requests on
individuals listed. Active at FBIHQ.
</p><p>69. Top Burglar Album. Consists of photos and background data of known and suspect top burglars
involved in the area of interstate transportation of stolen property. It is used as an investigative
aid. Active in four Field Offices.
</p><p>70. Top Echelon Criminal Informer Program (TECIP) Index. Consists of cards containing identity
and brief background information on individuals who are either furnishing high level information in
the organized crime area or are under development to furnish such information. The index is used
primarily to evaluate, corroborate, and coordinate informant information and to develop prosecutive
data against racket figures under Federal, State, and local statutes. Active at FBI Headquarters.
</p><p>71. Top Ten Program File. Consists of fliers, filed numerically in a control file, on fugitives
considered by the FBI to be 1 of the 10 most wanted. Including a fugitive of the top 10 usually
assures a greater national news coverage as well as nation-wide circulation of the flier. Active at
FBI Headquarters and in 44 Field Offices.
</p><p>72. Top Thief Program Index. Consists of cards of individuals who are professional burglars,
robbers, or fences dealing in items likely to be passed in interstate commerce or who travel
interstate to commit the crime. Usually photographs and background information would also be
obtained on the index card. The index is used as an investigative aid. Active in 27 Field Offices.
</p><p>73. Truck Hijack Photo Album. Contains photos and descriptive data of individuals who are
suspected truck hijackers. It is used as an investigative aid and for displaying photos to witnesses
and/or victims to identify unknown subjects in hijacking cases. Active in four Field Offices.
</p><p>74. Truck Thief Suspect Photo Album. Consists of photos and background data on individuals
previously arrested or are currently suspects regarding vehicle theft. The index is used as an
investigative aid. Active in one Field Office.
</p><p>75. Traveling Criminal Photo Album. Consists of photos with identifying data of individuals
convicted of various criminal offenses and may be suspects in other offenses. It is used as an
investigative aid. Active in one Field Office.
</p><p>76. Veterans Administrative (VA)/Federal Housing Administration (FHA) Matters Index. Consists of
cards of individuals who have been subject of an investigation relative to VA and FHA matters. It is
used as an investigative aid. Active in one Field Office.
</p><p>77. Wanted Fliers File. Consists of fliers, filed numerically in a control file, on badly wanted
fugitives whose apprehension may be facilitated by a flier. The flier contains the names,
photographs, aliases, previous convictions, and a caution notice. Active at FBI Headquarters and in
46 Field Offices.
</p><p>78. Wheeldex. Contains the nicknames and the case file numbers of organized crime members. It is
used in organized crime investigations. Active in one Field Office.
</p><p>79. White House Special Index. Contains cards on all potential White House appointees, staff
members, guests, and visitors that have been referred to the FBI by the White House security office
for a records check to identify any adverse or derogatory information. This index is used to
expedite such check in view of the tight timeframe usually required. Active at FBI Headquarters.
</p><p>80. Witness Protection Program Index. Contains cards on individuals who have been furnished a new
identity by the U.S. Justice Department because of their testimony in organized crime trials. It is
used primarily to notify the U.S. Marshals Service when information related to the safety of a
protected witness comes to the FBI’s attention. Active at FBI Headquarters.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Federal Records Act of 1950, Title 44, United States Code, chapter 31, section 3101; and
title 36, Code of Federal Regulations, chapter XII, require Federal agencies to insure that adequate
and proper records are made and preserved to document the organization, functions, policies,
decisions, procedures and transactions and to protect the legal and financial rights of the Federal
Government, title 28, United States Code, section 534, delegates authority to the Attorney General
to acquire, collect, classify, and preserve identification, criminal identification, crime and other
records.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Records, both investigative and administrative, are maintained in this system in order to
permit the FBI to function efficiently as an authorized, responsive component of the Department of
Justice. Therefore, information in this system is disclosed to officials and employees of the
Department of Justice, and/or all components thereof, who have need of the information in the
performance of their official duties.
</p><p>Personal information from this system may be disclosed as a routine use to any Federal agency
where the purpose in making the disclosure is compatible with the law enforcement purpose for which
it was collected, e.g., to assist the recipient agency in conducting a lawful criminal or
intelligence investigation, to assist the recipient agency in making a determination concerning an
individual’s suitability for employment and/or trustworthiness for employment and/or trustworthiness
for access clearance purposes, or to assist the recipient agency in the performance of any
authorized function where access to records in this system is declared by the recipient agency to be
relevant to that function.
</p><p>In addition, personal information may be disclosed from this system to members of the Judicial
Branch of the Federal Government in response to a specific request, or at the initiation of the FBI,
where disclosure appears relevant to the authorized function of the recipient judicial office or
court system. An example would be where an individual is being considered for employment by a
Federal judge. Information in this system may be disclosed as a routine use to any state or local
government agency directly engaged in the criminal justice process, e.g., police, prosecution,
penal, probation and parole, and the judiciary, where access is directly related to a law
enforcement function of the recipient agency, e.g., in connection with a lawful criminal or
intelligence investigation, or making a determination concerning an individual’s suitability for
employment as a state or local law enforcement employee or concerning a victim’s compensation under
a state statute. Disclosure to a state or local government agency, (a) not directly engaged in the
criminal justice process or (b) for a licensing or regulatory function, is considered on an
individual basis only under exceptional circumstances, as determined by the FBI.
</p><p>Information in this system pertaining to the use, abuse or traffic of controlled substances may
be disclosed as a routine use to federal, state or local law enforcement agencies and to licensing
or regulatory agencies empowered to engage in the institution and prosecution of cases before courts
and licensing boards in matters relating to controlled substances, including courts and licensing
boards responsible for the licensing or certification of individuals in the fields of pharmacy and
medicine.
</p><p>In any health care-related civil or criminal case, investigation, or matter, information
indicating patient harm, neglect, or abuse, or poor or inadequate quality of care, at a health care
facility or by a health care provider, may be disclosed as a routine use to any Federal, State,
local, tribal, foreign, joint, international, or private entity that is responsible for regulating,
licensing, registering, or accrediting any health care provider or health care facility, or
enforcing any health care-related laws or regulations. Further, information indicating an ongoing
quality of care problem by a health care provider or at a health care facility may be disclosed to
the appropriate health plan. Additionally, unless otherwise prohibited by applicable law,
information indicating patient harm, neglect, abuse, or poor or inadequate quality of care may be
disclosed to the affected patient or his or her representative or guardian at the discretion of and
in the manner determined by the agency in possession of the information. Information in this system
may be disclosed as a routine use in a proceeding before a court of adjudicative body, e.g., the
Equal Employment Opportunity Commission and the Merit Systems Protection Board, before which the FBI
is authorized to appear, when (a) the FBI or any employee thereof in his or her official capacity,
or (b) any employee in his or her individual capacity where the Department of Justice has agreed to
represent the employee, or (c) the United States, where the FBI determines it is likely to be
affected by the litigation, is a party to litigation or has an interest in litigation and such
records are determined by the FBI to be relevant to the litigation.
</p><p>Information in this system may be disclosed as a routine use to an organization or individual in
both the public or private sector if deemed necessary to elicit information or cooperation from the
recipient for use by the FBI in the performance of an authorized activity. An example would be where
the activities of an individual are disclosed to a member of the public in order to elicit his/her
assistance in our apprehension or detection efforts.
</p><p>Information in this system may be disclosed as a routine use to an organization or individual in
both the public or private sector where there is reason to believe the recipient is or could become
the target of a particular criminal activity or conspiracy, to the extent the information is
relevant to the protection of life or property.
</p><p>Information in this system may be disclosed to legitimate agency of a foreign government where
the FBI determines that the information is relevant to that agency’s responsibilities, and
dissemination serves the best interests of the U.S. Government, and where the purpose in making the
disclosure is compatible with the purpose for which the information was collected.
</p><p>Relevant information may be disclosed from this system to the news media and general public where
there exists a legitimate public interest, e.g., to assist in the location of Federal fugitives, to
provide notification of arrests, and where necessary for protection from imminent threat of life or
property. This would include releases of information in accordance with 28 CFR 50.2.
</p><p>A record relating to an actual or potential civil or criminal violation of the copyright statute,
Title 17, United States Code, or the trademark statutes. Titles 15 and 17, U.S. Code, may be
disseminated to a person injured by such violation to assist him/her in the institution or
maintenance of a suit brought under such titles. The FBI has received inquiries from private
citizens and Congressional offices on behalf of constituents seeking assistance in locating
individuals such as missing children and heirs to estates. Where the need is acute, and where it
appears FBI files may be the only lead in locating the individual, consideration will be given to
furnishing relevant information to the requester. Information will be provided only in those
instances where there are reasonable grounds to conclude from available information the individual
being sought would want the information to be furnished, e.g., an heir to a large estate.
Information with regard to missing children will not be provided where they have reached their
majority.
</p><p>Information contained in this system, may be made available to a Member of Congress or staff
acting upon the member’s behalf when the member of staff requests the information in behalf of and
at the request of the individual who is the subject of the record.
</p><p>A record from this system of records may be disclosed as a routine use to the National Archives
and Records Administration and General Services Administration in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906, to the extent that legislation governing
the records permits.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Information relating to health care fraud may be disclosed to private health plans, or
associations of private health plans, and health insurers, or associations of health insurers, for
the following purposes: to promote the coordination of efforts to prevent, detect, investigate, and
prosecute health care fraud; to assist efforts by victims of health care fraud to obtain
restitution; to enable private health plans to participate in local, regional, and national health
care fraud task force activities; and to assist tribunals having jurisdiction over claims against
private health plans.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The active main files are maintained in hard copy form and some inactive records are
maintained on microfilm. Investigative information which is maintained in computerized form may be
stored in memory, on disk storage, on computer tape, or on a computer printed listing.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>The FBI General Index must be searched to determine what information, if any, the FBI may
have in its files. Index records, or pointers to specific FBI files, are created on all manner of
subject matters, but the predominant type record is the name index record. It should be noted the
FBI does not index all individuals who furnish information or all names developed during the course
of an investigation. Only that information considered pertinent, relevant, or essential for future
retrieval, is indexed. In certain major cases, individuals interviewed may be indexed to facilitate
the administration of the investigation. The FBI has automated that portion of its index containing
the most recent information--15 years for criminal related matters and 30 years for
intelligence and other type matters.
</p><p>Automation will not change the "Central Records System" ; it will only facilitate more economic
and expeditious access to the main files. Searches against the automated records are accomplished on
a "batch off-line"  basis for certain submitting agencies where the name search requests conform to
FBI specified formats and also in an "on-line"  mode with the use of video display terminals for
other requests. The FBI will not permit any organization, public or private, outside the FBI to have
direct access to the FBI indices system. All searches against the indices data base will be
performed on site within FBI space by FBI personnel with the assistance of the automated procedures,
where feasible. Automation of the various FBI field office indices was completed in 1989. This
automation initiative has been on a "day-one"  basis. This indices system points to specific files
within a given field office. Additionally, certain complicated investigative matters may be
supported by specialized computer systems or by individual microcomputers. Indices created in these
environments are maintained as part of the particular computer system and accessible only through
the system or through printed listings of the indices. Full text retrieval is used in a limited
number of cases as an investigative technique. It is not part of the normal search process and is
not used as a substitute for the General Index or computer indices mentioned above.
</p><p>The FBI will transfer historical records to the National Archives consistent with 44 U.S.C. 2103.
No record of individuals or subject matter will be retained for transferred files; however, a record
of the file numbers will be retained to provide full accountability of FBI files and thus preserve
the integrity of the filing system.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Records are maintained in a restricted area and are accessed only by agency personnel. All
FBI employees receive a complete background investigation prior to being hired. All employees are
cautioned about divulging confidential information or any information contained in FBI files.
Failure to abide by this provision violates Department of Justice regulations and may violate
certain statutes providing maximum severe penalties of a ten thousand dollar fine or 10 years
imprisonment or both. Employees who resign or retire are also cautioned about divulging information
acquired in the jobs. Registered mail is used to transmit routine hard copy records between field
offices. Highly classified records are hand carried by Special Agents or personnel of the Armed
Forces Courier Service. Highly classified or sensitive privacy information, which is electronically
transmitted between field offices, is transmitted in encrypted form to prevent interception and
interpretation. Information transmitted in teletype form is placed in the main files of both the
receiving and transmitting field offices. Field offices involved in certain complicated
investigative matters may be provided with on-line access to the duplicative computerized
information which is maintained for them on disk storage in the FBI Computer Center in Washington,
DC, and this computerized data is also transmitted in encrypted form.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>As the result of an extensive review of FBI records conducted by NARA, records evaluated as
historical and permanent will be transferred to the National Archives after established retention
periods and administrative needs of the FBI have elapsed. As deemed necessary, certain records may
be subject to restricted examination and usage, as provided by 44 U.S.C. section 2104.
</p><p>FBI record disposition programs relevant to this System are conducted in accordance with the FBI
Records Retention Plan and Disposition Schedule which was approved by the Archivist of the United
States and the U.S. District Court, District of Columbia. Investigative, applicant and
administrative records which meet the destruction criteria will be destroyed after 20 or 30 years at
FBI Headquarters and after 1, 5, 10 or 20 years in FBI Field Offices. Historical records will be
transferred to the National Archives after 30 or 50 years, contingent upon investigative and
administrative needs. The administrative indices and listings described within this System were
appraised separately and disposition authority established. (Job No. NC1-65-82-4
and amendments)
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Federal Bureau of Investigation, Washington, DC 20535.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to a record from the system shall be made in writing with the envelope
and the letter clearly marked "Privacy Access Request" . Include in the request your full name,
complete address, date of birth, place of birth, notarized signature, and other identifying data you
may wish to furnish to assist in making a proper search of our records. Also include the general
subject matter of the document of its file number. The requester will also provide a return address
for transmitting the information. Requests for access to information maintained at FBI Headquarters
must be addressed to the Director, Federal Bureau of Investigation, Washington, DC 20535. Requests
for information maintained at FBI field divisions or Legal Attaches must be made separately and
addressed to the specific field division or Legal Attache listed in the appendix to this system
notice.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should also
direct their request to the Director, Federal Bureau of Investigation, Washington, DC 20535, stating
clearly and concisely what information is being contested, the reasons for contesting it, and the
proposed amendment to the information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The FBI, by the very nature and requirement to investigate violations of law within its
investigative jurisdiction and its responsibility for the internal security of the United States,
collects information from a wide variety of sources. Basically, it is the result of investigative
efforts and information furnished by other Government agencies, law enforcement agencies, and the
general public, informants, witnesses, and public source material.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3), (d), (e) (1), (2) and
(3), (e)(4) (G) and (H), (e)(8) (f), (g), of the Privacy Act pursuant to 5 U.S.C. 552a (j) and (k).
Rules have been promulgated in accordance with the requirements of 5 U.S.C. 553 (b), (c) and (e).
</p><p><b>Appendix of Field Divisions and Legal Attaches for the Federal Bureau of Investigation Field
Divisions; Justice/FBI-999
</b></p><p>5th Floor, 445 Broadway, Albany, NY 12201.
</p><p>POB 25186, Albuquerque, NM 87125.
</p><p>POB 100560, Anchorage, AK 99510.
</p><p>POB 1683, Atlanta, GA 30370.
</p><p>7142 Ambassador Road, Baltimore, MD 21207.
</p><p>2122 Building, Birmingham, AL 35203.
</p><p>One Center Plaza, Suite 600, Boston, MA 02108.
</p><p>111 West Huron Street, Buffalo, NY 14202.
</p><p>6010 Kenley Lane, Charlotte, NC 28217.
</p><p>219 S. Dearborn St., Chicago, IL 60604.
</p><p>POB 1277, Cincinnati, OH 45201.
</p><p>1240 E. 9th St., Cleveland, OH 44199.
</p><p>POB 137, Columbia, SC 29202.
</p><p>1801 W. Lamar, Dallas, TX 75202.
</p><p>POB 1229, Denver, CO 80201.
</p><p>POB 2118, Detroit, MI 48231.
</p><p>700 E. San Antonio Ave., El Paso, TX 79901.
</p><p>POB 50164, Honolulu, HI 96850.
</p><p>POB 61369, Houston, TX 77208.
</p><p>POB 1186, Indianapolis, IN 45206.
</p><p>100 W. Capitol St., Jackson, MS 39269.
</p><p>POB 8928, Jacksonville, FL 32239.
</p><p>POB 2449, Kansas City, MO 64142.
</p><p>POB 10368, Knoxville, TN 37919.
</p><p>POB 16032, Las Vegas, NV 89101.
</p><p>POB 21470, Little Rock, AR 72221-1470.
</p><p>11000 Wilshire Blvd., Los Angeles, CA 90024.
</p><p>POB 2467, Louisville, KY 40201.
</p><p>167 N. Main St., Memphis, TN 38103.
</p><p>POB 592418, Miami, FL 33159.
</p><p>POB 2058, Milwaukee, WI 53201.
</p><p>111 Washington Ave. South S-1100, Minneapolis, MN 55401.
</p><p>POB 2128, Mobile, AL 36652.
</p><p>POB 1158, Newark, NJ 07101.
</p><p>POB 2058, New Haven, CT 06521.
</p><p>POB 51930, New Orleans, LA 70151.
</p><p>POB 1425, New York, NY 10008.
</p><p>POB 3828, Norfolk, VA 23514.
</p><p>POB 54511, Oklahoma City, OK 73154.
</p><p>POB 548, Omaha, NE 68101.
</p><p>600 Arch St., Philadelphia, PA 19106.
</p><p>201 E. Indianola, Phoenix, AZ 85012.
</p><p>POB 1315, Pittsburgh, PA 15230.
</p><p>POB 709, Portland, OR 97207.
</p><p>POB 12325, Richmond, VA 23241.
</p><p>POB 13130, Sacramento, CA 95813.
</p><p>POB 7251, St. Louis, MO 63177.
</p><p>125 S. State St., Salt Lake City, UT 84138.
</p><p>POB 1630, San Antonio, TX 78296.
</p><p>880 Front St., San Diego, CA 92188.
</p><p>POB 36015, San Francisco, CA 94102.
</p><p>POB BT, San Juan, PR 00936.
</p><p>915 2nd Ave., Seattle, WA 98174.
</p><p>POB 3646, Springfield, IL 62708.
</p><p>POB 172177, Tampa, FL 33602.
</p><p>Washington Field Office, Washington, DC 20535.
</p><p>Federal Bureau of Investigation Academy, Quantico, VA 22135.
</p><p>Legal Attaches: (Send c/o the American Embassy for the Cities indicated).
</p><p>Athens, Greece (PSC 108, Box 45, APO AE 09842) Bangkok, Thailand (Box 67, APO AP 96546).
</p><p>Bern, Switzerland.
</p><p>Bogota, Columbia (APO, Miami 34038).
</p><p>Bonn, Germany (Box 310, APO, New York 09080).
</p><p>Bridgetown, Barbados (Box B, FPO, Miami 34054).
</p><p>Brussels, Belgium (APO, New York 09667).
</p><p>Canberra, Australia (APO, San Francisco 96404-0001).
</p><p>Caracas, Venezuela (Unit 4966, APO AA 34037).
</p><p>Hong Kong, B.C.C. (FPO, San Francisco 96659-0002).
</p><p>London, England (Box 2, FPO, New York 09509).
</p><p>Madrid, Spain (PSC 61, Box 0001, APO AE 09642).
</p><p>Manila, Philippines (APO, San Francisco 96528).
</p><p>Mexico City, Mexico (POB 3087, Laredo, TX 78044-3087).
</p><p>Montevideo, Uruguay (APO, Miami 34035).
</p><p>Ottawa, Canada.
</p><p>Panama City, Panama (Box E, APO, Miami 34002).
</p><p>Paris, France (APO, New York 09777).
</p><p>Rome, Italy (APO, New York 09794).
</p><p>Tokyo, Japan (APO, San Francisco 96503).
</p><p>Vienna, Austria (Unit 27937, Box 37, APO AE 09222).
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FBI-003</systemNumber>
<subsection type="systemName">Bureau Mailing Lists.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records may be maintained at all locations at which the Federal Bureau of Investigation
(FBI) operates, including: J. Edgar Hoover Bldg., 935 Pennsylvania Ave., NW., Washington, DC 20535;
FBI Academy, Quantico, VA 22135; FBI Criminal Justice Information Services (CJIS) Division, 1000
Custer Hollow Rd., Clarksburg, WV 26306; and FBI field offices, legal attaches, and information
technology centers as listed on the FBI’s Internet website, http://www.fbi.gov, including any future
revisions to the website.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>All persons appearing on mailing lists maintained throughout the FBI to facilitate mailings
to multiple addressees in furtherance of FBI activities. These include persons who have requested
Bureau material, persons who are routinely forwarded unsolicited Bureau material and who meet
established criteria (generally law enforcement or closely related interests), and persons who may
be in a position to furnish assistance in furtherance of the FBI’s mission. These do not include
persons on mailing lists not encompassed within this system as described in the section titled
"Categories of Records in the System."
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records may include name, address, business affiliation, and supplemental information
related to addressees and relevant to a list’s purpose. These do not, however, include mailing lists
which have been incorporated into some other FBI records system, such as a mailing list supporting a
particular investigation maintained as an investigative record within the FBI’s Central Records
System.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 5, United States Code, section 301; title 44, United States Code, section 3101; title
28, United States Code, section 533; and title 28, Code of Federal Regulations, section 0.85.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>System records are used for mailing FBI material to multiple addressees, via hard copy, e-
mail, or other means of distribution, in furtherance of FBI activities. For example, various
fugitive alerts are furnished to local law enforcement agencies, investigations periodicals are
provided to law enforcement professionals, and information on local law enforcement issues may be
provided to community leaders.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The FBI may disclose relevant system records in accordance with any blanket routine uses
established for FBI records systems. See Blanket Routine Uses Applicable for FBI records systems.
See Blanket Routine Uses Applicable to More Than One FBI Privacy Act System of Records, Justice/FBI
-BRU, as published today in the <i>Federal Register</i> (and any future revisions).
</p><p>In addition, as a routine use specific to this system, the FBI may disclose relevant system
records to the following persons or entities under the circumstances or for the purposes described
below, to the extent such disclosures are comptiable with the purpose for which the information was
collected. (Routine uses are not meant to be mutually exclusive and may overlap in some cases.)
</p><p>A. To a federal, state, local, joint, tribal, foreign, international, or other public
agency/organization, or to any person or entity in either the public or private sector, domestic or
entity in either the public or private sector, domestic or foreign, where such disclosure may
promote, assist, or otherwise serve law enforcement interests. By way of example and not limitation,
such disclosures may for instance include: Sharing names of law enforcement professionals receiving
FBI periodicals with law enforcement agencies interested in reaching a similar audience; sharing
information of intelligence value with other law enforcement on intelligence agencies to whose
lawful responsibilities the information may be germane; or sharing information pertinent to
victim/witness assistance with local government entities in furtherance of such assistance.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Most information is maintained in computerized form and stored in memory, on disk storage,
on computer tape, or other computer media. However, some information may also be maintained in hard
copy (paper) or other form.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information typically will be retrieved by an ID number assigned by computer or by name of
person or organization.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>System records are maintained in limited access space in FBI facilities and offices.
Computerized data is password protected. All FBI personnel are required to pass an extensive
background investigation. The information is accessed only by authorized FBI personnel or by non-FBI
personnel properly authorized to assist in the conduct of an agency function related to these
records.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>FBI offices revised the lists as necessary. The records are destroyed, under authority
granted by the National Archives and Records Administration, when administrative needs are satisfied
(Job. No. NC1-65-82-4, part E, item 13 (I)).
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, FBI, 935 Pennsylvania Ave., NW, Washington, DC 20535-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as Record Access Procedures.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to a record from the system shall be made in writing with the envelope
and the letter clearly market "Privacy Act Request" . Include in the request your full name and
complete address. The requester must sign the request; and, to verify it, the signature must be
notarized or submitted under 28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization. You may submit any other identifying data you wish to
furnish to assist in making a proper search of the system. Requests for access to information
maintained at FBI Headquarters must be addressed to the Director, Federal Bureau of Investigation,
935 Pennsylvania Ave., NW, Washington, DC 20535-0001. Requests for information maintained at
FBI field offices, legal attaches, information technology centers, or other locations must be made
separately and addressed to the specific field office, legal attache, information technology center,
or other location as listed on the FBI’s Internet website, http://www.fbi.gov, including any future
revisions to the website.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should also
direct their request to the appropriate FBI office, stating clearly and concisely what information
is being contested, the reasons for contesting it, and the proposed amendment to the information
sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The mailing list information is based on information supplied by affected
individuals/organizations, public source data, and/or information already in other FBI records
systems.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FBI-006</systemNumber>
<subsection type="systemName">Electronic Surveillance (ELSUR) Indices.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records may be maintained at all locations at which the Federal Bureau of Investigation
(FBI) operates, including: J. Edgar Hoover FBI Bldg., 935 Pennsylvania Ave., NW., Washington, DC
20535; FBI Academy and FBI Laboratory, Quantico, VA 22135; FBI Criminal Justice Information Services
(CJIS) Division, 1000 Custer Hollow Rd., Clarksburg, WV 26306; FBI field offices, legal attaches,
and information technology centers as listed on the FBI’s Internet Web site, http://www.fbi.gov,
including any future revisions to the Web site.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals and entities who have been the targets of electronic surveillance coverage
sought, conducted, or administered by the FBI pursuant to a court order, consensual monitoring, or
other authority; those who have been a party to a communication or present in a locale
monitored/recorded electronically pursuant to such electronic surveillance; those who own, lease,
license, hold a possessory interest in, or commonly use the property or location subjected to such
electronic surveillance; and those involved in the administration of the electronic surveillance,
for example, the judge issuing or denying an order for an electronic surveillance application, the
prosecuting attorney, and the officials who authorized the filing of the application.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The ELSUR Indices are comprised of four types of records:
</p><p>1. Principal records identify, by true name or best known name, all persons, entities, and
facilities who have been the targets of electronic surveillance coverage sought, conducted, or
administered by the FBI pursuant to a court order or other authority. These records include, but are
not limited to, persons, entities, and facilities named in an application filed in support of an
affidavit seeking a court order to conduct or administer an electronic surveillance. Principal
records may also include descriptive data associated with the name appearing on the record.
</p><p>2. Proprietary-interest records identify entities and/or individuals who own, lease, license,
hold a possessory interest in, or commonly use the property or location subjected to an electronic
surveillance. Proprietary interest records may identify individuals involved in the administration
of the electronic surveillance; for example, the judge issuing or denying an order for an electronic
surveillance application, the prosecuting attorney, the officials who authorized the filing of the
application. Proprietary-interest records may also include descriptive data associated with the name
appearing on the record.
</p><p>3. Intercept records identify, by true name or best known name, individuals who have been
reasonably identified by a first name or initial and a last name as being a party to a communication
monitored/recorded electronically pursuant to an electronic surveillance. Intercept records also
identify entities that have been a party to a communication or present in a locale
monitored/recorded electronically pursuant to an electronic surveillance. Intercept records may
include descriptive data associated with the name appearing on the record.
</p><p>4. Reference records identify, by partial name, such as a first name only, last name only, code
name, nickname, or alias those individuals who have been a party to a communication or present in a
locale monitored/recorded electronically pursuant to an electronic surveillance, and may include
descriptive data associated with the individual. If the individual is later identified by a more
complete name, e.g., through further monitoring or normal investigative procedures, the reference
record is re-entered as an intercept record.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The ELSUR Indices were initiated in October, 1966, at the recommendation of the Department
of Justice and relate to electronic surveillance sought, administered, and/or conducted by the FBI
since January 1, 1960. The authority for the maintenance of these records is title 5, United States
Code, section 301; title 44, United States Code, section 3101; title 18, United States Code, section
2510, et seq.; title 18, United States Code, section 3504; title 28, United States Code, section
533; title 50, United States Code 1801, et seq.; and title 28, Code of Federal Regulations, section
0.85.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>These records are used by the FBI to maintain certain information regarding electronic
surveillance sought, conducted or administered by the FBI in order to permit the agency to respond
to judicial inquiries about possible electronic surveillance coverage of any individual or entity,
and to enable the Government to certify, as requested by federal, state or local law enforcement
agencies, whether or not an individual, entity, facility, or place on whom a court ordered authority
is being sought for electronic surveillance coverage has ever been subjected to electronic
surveillance coverage in the past.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The FBI may disclose relevant system records in accordance with any current and future
blanket routine uses established for FBI records systems. See Blanket Routine Uses (BRU) Applicable
to More Than One FBI Privacy Act System of Records, Justice/FBI-BRU, published on June 22,
2001 at 66 FR 33558 and amended in today’s <i>Federal Register</i> (and any future revisions).
</p><p>In addition, as routine uses specific to this system, the FBI may disclose relevant system
records to the following persons or entities under the circumstances or for the purposes described
below, to the extent such disclosures are compatible with the purpose for which the information was
collected. (Routine uses are not meant to be mutually exclusive and may overlap in some cases.)
</p><p>A. To the judiciary in response to inquiries about possible electronic surveillance coverage of
any individual or entity.
</p><p>B. To federal, state, local and tribal law enforcement officers to enable the government to
certify whether or not an individual, entity, facility, or place on whom a court ordered authority
is being sought for electronic surveillance coverage has ever been subjected to electronic
surveillance coverage in the past.
</p><p>C. To a federal, state, local, joint, tribal, foreign, international, or other public
agency/organization, where such disclosure serves a law enforcement purpose, such as sharing
information of intelligence value with other law enforcement or intelligence agencies to whose
lawful responsibilities the information may be germane.
</p><p>D. To any person or entity in either the public or private sector, domestic or foreign, if deemed
by the FBI to be reasonably necessary in eliciting information or cooperation from the recipient for
use by the FBI in the performance of an authorized function, e.g., disclosure of personal
information to a member of the public in order to elicit his/her assistance/cooperation in a
criminal, security, or employment background investigation.
</p><p>E. To any person or entity in either the public or private sector, domestic or foreign, where
there is reason to believe that a person or entity could become the target of a particular criminal
activity or conspiracy, to the extent the disclosure of information is deemed by the FBI to be
reasonable and relevant to the protection of life, health, or property of such target.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The majority of the records are maintained in an automated data base. Some records are
maintained in hard-copy (paper) format or other form.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information typically will be retrieved by the name of the individual or entity. Telephone
numbers and other such serial or identification numbers are retrievable numerically. Locations
targeted are retrievable by street name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>System records are maintained in limited access space in FBI facilities and offices.
Computerized data is password protected. All FBI personnel are required to pass an extensive
background investigation. The information is accessed only by authorized DOJ personnel or by non-DOJ
personnel properly authorized to assist in the conduct of an agency function related to these
records.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>A reference record is purged if the individual is later identified by a more complete name
and converted to an intercept record. Remaining reference records are purged from the system as
follows. Those relating to court ordered electronic surveillance are purged six months from the date
the corresponding authorization for the surveillance expires. Reference records relating to
consensual intercepts are purged one year from the last intercept date shown on the record. Until
advised to the contrary by the Department of Justice, the courts, or applicable legislation, all
other indices records will be maintained indefinitely and have been declared permanent by the
National Archives and Records Administration (NARA) (Job No. NC1-65-82-4, Part E,
item 2(t)).
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW., Washington, DC
20535.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as Record Access Procedures.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for notification as to whether a record about an individual exists in the system
and/or for access to a record from the system shall be made in writing with the envelope and the
letter clearly marked "Privacy Act Request."  Include in the request your full name and complete
address. The requester must sign the request; and, to verify it, the signature must be notarized or
submitted under 28 U.S.C. 1746, a law that permits statements to be made under penalty of perjury as
a substitute for notarization. You may submit any other identifying data you wish to furnish to
assist in making a proper search of the system. Requests for access to information maintained at FBI
Headquarters must be addressed to the Record/Information Dissemination Section, Federal Bureau of
Investigation, 935 Pennsylvania Avenue, NW., Washington, DC 20535-0001. Requests for
information maintained at FBI field offices, information technology centers, or other locations must
be made separately and addressed to the specific field office, information technology center, or
other location as listed on the FBI’s Internet Web site, http://www.fbi.gov, including any future
revisions to the Web site.
</p><p>Some information may be exempt from notification and/or access procedures as described in the
section titled "Exemptions Claimed for the System."  An individual who is the subject of one or more
records in this system may be notified of records that are not exempt from notification and may
access those records that are not exempt from disclosure. A determination on notification and access
will be made at the time a request is received.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you desire to contest or amend information maintained in the system, you should also
direct your request to the appropriate FBI office, stating clearly and concisely what information is
being contested, the reasons for contesting it, and the proposed amendment to the information
sought.
</p><p>Some information may be exempt from contesting record procedures as described in the section
titled "Exemptions Claimed for the System."  An individual who is the subject of one or more records
in this system may contest and pursue amendment of those records that are not exempt. A
determination whether a record may be subject to amendment will be made at the time a request is
received.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in the indices is derived from electronic surveillance, public source
information, and other FBI record systems.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>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), (g) and (m) of the Privacy Act pursuant to 5
U.S.C. 552a(j). Rules have been promulgated in accordance with the requirements of 5 U.S.C. 553(b),
(c) and (e), have been published in the <i>Federal Register</i>, and are codified at 28 CFR 16.96(c)
and (d).
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FBI-008</systemNumber>
<subsection type="systemName">Bureau Personnel Management System (BPMS).
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Federal Bureau of Investigation, J. Edgar Hoover Building, 10th and Pennsylvania Avenue, NW,
Washington DC 20535.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Federal Bureau of Investigation, employees and former employees.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system contains personnel information which includes information set forth on (1)
Standard Form 50--Notification of Personnel Action, (2) SF 176-T-Federal Employee
Group Life Insurance Plan, (3) FBI form 12-60 in lieu of SF 1126--Notification of Pay
Change, (4) SF 2801 and CSC 1084--Application for and additional information in support of
retirement, respectively, (5) SF 2809--Federal Employment Health Benefit Plan and (6) various
intra-agency forms and memoranda.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The system is established and maintained pursuant to regulations set forth in the Federal
Personnel Manual. title 5, U.S. Code, section 301 and title 44; U.S. Code, section 3101.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The BPMS is used (1) to prepare the Notification of Personnel Action, copies of which are
furnished to the Office of Personnel Management, (2) to prepare Standard Form 52B--Request for
Personnel Action, (3) to generate lists of employees which are used internally by authorized
personnel for recordkeeping, planning, and decision making purposes, and (4) as a source for the
dissemination of information (A) to federal, state and local agencies and to private organizations
pursuant to service record inquiries and (B) pursuant to credit inquiries. In response to proper
credit inquiries from credit bureaus and financial institutions, the FBI will verify employment and
furnish salary and length of service.
</p><p>In addition, information may be released 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; 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; and, to the National Archives and
Records Administration and the General Services Administration in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information maintained in BPMS is stored by disc and magnetic tape.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved (1) on-line through intelligent workstations and terminals by
keying the name or Social Security Number of the employee and (2) off-line through data base
retrievals,
</p><p>(It is noted the authority to solicit an employee’s Social Security Number is based on title 26,
Code of Federal Regulations, section 31.6011(b)-2(b).)
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Areas housing the system and access terminals are located in secure buildings available to
authorized FBI personnel and escorted maintenance and repair personnel only. Access terminals are
operational only during normal daytime working hours at which time they are constantly attended.
Access through terminals is protected by sign-on and passwords.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Electronically stored records for employees and former employees are maintained indefinitely
in a vault under the control of a vault supervisor. Pursuant to regulations set forth in the Federal
Personnel Manual a copy of the Notification of Personnel Action is made a part of the employees’
personnel file.
</p><p>The automated records are disposable when administrative needs have expired. (Job No. NC1-
65-82-4, part E. 13c.(1)).
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Federal Bureau of Investigation, John Edgar Hoover Building, 10th Street and
Pennsylvania Avenue, NW, Washington, DC 20535.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as the above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to a record from this system shall be made in writing, with the
envelope and the letter clearly marked "Privacy Access Request."  Include in the request the name
and return address of the requestor. Access requests will be directed to the Director, Federal
Bureau of Investigation.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the Director, FBI stating clearly and concisely what information is being
contested, the reasons for contesting it, and the proposed amendment to the information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system are present and former FBI employees and
employee personnel files.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FBI-009</systemNumber>
    <subsection type="systemName">The Next Generation Identification (NGI) System.</subsection>
    <subsection type="securityClassification">
        <xhtmlContent>
            <p>Unclassified.</p>
        </xhtmlContent> </subsection>
    <subsection type="systemLocation">
        <xhtmlContent>
            <p>Records described in this notice are maintained at the Federal Bureau of Investigation (FBI), Criminal Justice Information Services Division (CJIS), Clarksburg, WV.  Some or all system information may be duplicated at other locations, including at FBI facilities, for purposes of system backup, emergency preparedness, and continuity of operations.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="categoriesOfIndividuals">
        <xhtmlContent>
            <p>A.  Individuals fingerprinted as a result of a criminal inquiry, a lawful detention, an arrest, incarceration, or immigration or other civil law violation;</p>
            <p>  B.  Individuals fingerprinted for the purposes of employment, licensing, military service, or volunteer service;</p>
            <p>  C.  Individuals fingerprinted for the purposes of security clearances, suitability determinations, or other background checks;</p>
            <p>  D.  Individuals fingerprinted for the purposes of immigration benefits, alien registration and naturalization, or other governmental benefits;</p>
            <p>  E.  Individuals whose fingerprints have been obtained pursuant to the FBI’s authority to identify and investigate federal crimes and threats to the national security;</p>
            <p>  F.  Individuals whose fingerprints or other biometrics have been received from foreign countries or international organizations pursuant to sharing agreements;</p>
            <p>  G.  Individuals whose biometrics (e.g. palm prints, facial images) have been obtained as a result of a criminal inquiry, a lawful detention, an arrest, incarceration, or immigration or other civil law violation;</p>
            <p>  H.  Individuals who have provided biometrics (e.g. palm prints, facial images) for the purposes of employment, licensing, military service, or volunteer service;</p>
            <p>  I.  Individuals who have provided biometrics (e.g. palm prints, facial images) for the purposes of security clearances, suitability determinations, or other background checks;</p>
            <p>  J.  Individuals who have provided biometrics (e.g. palm prints, facial images) for the purposes of immigration benefits, alien registration and naturalization, or other governmental benefits;</p>
            <p>  K.  Individuals whose biometrics (e.g. palm prints, facial images) have been obtained pursuant to the FBI's authority to identify and investigate federal crimes and threats to the national security;</p>
            <p>  L.  Individuals whose fingerprints or other biometrics have been retrieved from locations, property, or persons associated with criminal or national security investigations;</p>
            <p>  M.  Missing persons, unidentified persons, or others whose fingerprints or other biometrics have been submitted in support of disaster response, humanitarian efforts, or similar purposes;</p>
            <p>  N.  Individuals whose fingerprints or other biometrics have been retained at their request or consent for personal identification purposes;</p>
            <p>  O.  Individuals whose biographic and/or biometric information may be retained due to their official duties associated with the processing of system records (e.g. system administrators, fingerprint collectors) or in their roles as authorized users of the system.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="categoriesOfRecords">
        <xhtmlContent>
            <p>A.  Criminal fingerprint images with related biographic, biometric, and criminal justice information;</p>
            <p>B.  Civil fingerprint images with related biographic, biometric, and noncriminal justice information;</p>
            <p>C.  Fingerprint images with related biographic, biometric, and event information maintained for the purposes of national security (e.g. known or appropriately suspected terrorists);</p>
            <p>D.  Fingerprint images with related biographic, biometric, and event information received from federal government agencies pursuant to the FBI’s authority to identify and investigate federal crimes and threats to the national security;</p>
            <p>E.  Fingerprint images with related biographic, biometric, and event information received from foreign countries or international organizations pursuant to sharing agreements;</p>
            <p>F.  Identity History Summary records that contain the criminal justice information associated with criminal fingerprints (i.e. "rap sheets") and/or the noncriminal justice information associated with civil fingerprints;</p>
            <p>G.  A name index pertaining to all individuals whose criminal fingerprint images are maintained in the system (i.e. the Interstate Identification Index);</p>
            <p>H.  Biometric images (e.g. palm prints, facial images) maintained for criminal, civil, and/or national security purposes;</p>
            <p>I.  Latent fingerprints and palm prints and/or other latent biometric images maintained for criminal and/or national security purposes;</p>
            <p>J.  Unknown facial images and palm prints and/or other unknown biometric images maintained for criminal and/or national security purposes;</p>
            <p>K.  Fingerprint images and/or other biometric images maintained in support of disaster response, humanitarian efforts, or similar purposes;</p>
            <p>L.  Fingerprint images with related biographic, biometric, and event information maintained pursuant to an individual’s request or consent.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="authorityForMaintenance">
        <xhtmlContent>
            <p>  Authorities for the maintenance of these records include 28 U.S.C. 534, Pub. L. No. 92-544 (86 Stat.1115) and codified in 28 CFR 0.85(b) and (j) and part 20.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="purpose">
        <xhtmlContent>
            <p>The purposes for maintaining the NGI System include identification and criminal history information functions in order to perform non-criminal justice background checks, to enforce criminal laws, to further national security, and to assist with humanitarian efforts.  The NGI system maintains and disseminates relevant records to local, state, tribal, federal, foreign, and international criminal justice agencies, as well as non-criminal justice agencies and other entities where authorized by federal statute, state statute pursuant to Pub. L. 92-544, Presidential executive order or regulation of the Attorney General of the United States.  In addition, identification assistance is provided in disasters and for other humanitarian purposes.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="routineUsesOfRecords">
        <xhtmlContent>
            <p> 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 a routine use, under 5 U.S.C. 552a(b)(3), in accordance with blanket routine uses established for FBI record systems.  See Blanket Routine Uses (BRU) Applicable to More Than One FBI Privacy Act System of Records, Justice/FBI-BRU, published at 66 FR 33558 (June 22, 2001) and amended at 70 FR 7513 (February 14, 2005) and 72 FR 3410 (January 25, 2007).  In addition, as routine uses specific to this system, the FBI may disclose relevant system records to the following persons or entities and under the circumstance or for the purposes described below, to the extent such disclosures are compatible with the purpose for which the information was collected.  Identification and criminal history records may be disclosed as follows:</p>
            <p>A. To local, state, tribal, or federal law enforcement or criminal justice agencies (to include the police, prosecution, penal, probation, parole, and the judiciary) or other authorized federal agencies where such disclosure: (a) may assist the recipient in the performance of its law enforcement, criminal justice, or national security functions, to include the screening of employees or applicants for employment (b) may assist the FBI in performing a law enforcement or national security function (c) may promote, assist, or otherwise serve the mutual efforts of the law enforcement, criminal justice, and national security communities, such as site security screening of visitors to criminal justice facilities and military installations; or (d) may serve a compatible civil law enforcement purpose;</p>
            <p>B. To state or local agencies for the purpose of background investigations of applicants for noncriminal justice employment or licensing purposes, or other entities, if authorized by a federal statute (e.g. The National Child Protection Act of 1993, Volunteers for Children Act, Adam Walsh Child Protection and Safety Act of 2006) or a state statute pursuant to Pub. L. 92-544.  Examples include: those caring for or in contact with vulnerable populations (children, the elderly, the disabled); nursing and home healthcare professionals; non-profit volunteers; foster/adoptive parents; private security officers; providers of medical services/supplies; employees of federal chartered/insured banking institutions; mortgage loan originators; pari-mutuel wagering/racing licensees; and firearms or explosives permits/licenses;</p>
            <p>C. To authorized police departments of railroads and of private colleges and universities performing the administration of criminal justice;</p>
            <p>D. To officials of tribal agencies for the purpose of Indian child care, Indian gaming, or pursuant to a Pub. L. 92-544 state statute;</p>
            <p>E. To officials of civil or criminal courts for use in domestic violence or stalking cases;</p>
            <p>F. To noncriminal justice governmental agencies performing criminal justice dispatching functions or data processing/information services for criminal justice agencies;</p>
            <p>G. To private contractors for the purpose of providing services for the administration of criminal justice pursuant to a specific agreement (which must incorporate a Security Addendum approved by the Attorney General of the United States) with a criminal justice agency or a noncriminal justice governmental agency performing criminal justice dispatching functions or data processing/information services for criminal justice agencies;</p>
            <p>H. To private contractors pursuant to specific outsourcing agreements with noncriminal justice agencies to provide noncriminal justice administrative functions such as electronic fingerprint submission and response; tracking missing dispositions; and archival, storage, or destruction of criminal history record information;</p>
            <p>I. To authorized foreign governments or international agencies where such disclosure: (a) may assist the recipient in the performance of its law enforcement, criminal justice, or national security functions (b) may assist the FBI in performing a law enforcement or national security function (c)  may promote, assist, or otherwise serve the mutual efforts of the international community or (d) may serve a compatible civil law enforcement purpose;</p>
            <p>J. To the Department of Defense, Department of State, Department of Transportation, Office of Personnel Management, Central Intelligence Agency, or other statutorily authorized federal agency for the purpose of determining the eligibility of a person for access to classified information or assignment to or retention in sensitive national security positions, the Armed Forces, or positions of public trust or other critical or sensitive positions, or other suitability determinations;</p>
            <p>K. To federal agencies for use in background investigations of present and prospective federal employees and contractors;</p>
            <p>L. To federal agencies for any official duty required by their agency rules, regulations, Executive Order, or statute;</p>
            <p>M. To regulatory agencies authorized by federal statute (e.g. the Securities and Exchange Commission, the Nuclear Regulatory Commission, the Commodity Futures Trading Commission);</p>
            <p>N. To the Department of State for the purpose of determining the eligibility of visa applicants;</p>
            <p>O. To the Department of Health and Human Services and Department of Agriculture for the purpose of conducting security risk assessments of individuals handling biological agents or toxins;</p>
            <p>P. To the Department of Homeland Security and its components for use in background investigations of individuals with access to secure areas of airports, aircraft, ports, and vessels; commercial drivers of hazardous materials; applicants for aircraft training; those responsible for screening airport passengers and property; those with security functions related to baggage and cargo; and other statutorily authorized populations;</p>
            <p>Q. To the National Center for Missing and Exploited Children when acting within its statutory duty to support law enforcement agencies and to governmental social service agencies when acting within their duties to investigate or respond to reports of child abuse, neglect, or exploitation or other legally mandated duties;</p>
            <p>R. To public housing authorities for the purpose of conducting background checks of applicants for, or tenants of, public housing and to Indian Tribes or Tribally Designated Housing Entities for the purpose of conducting background checks of adult applicants for employment or housing;</p>
            <p>S. To authorized local, state, and federal agencies for the purposes of emergency child placement or emergency disaster response;</p>
            <p>T. To authorized local, state, tribal, federal, foreign, or international agencies for humanitarian purposes;</p>
            <p>U. To a designated point of contact at a criminal justice agency for the purpose of  background checks under the National Instant Criminal Background Check System (NICS);</p>
            <p>V. To local, state, or federal law enforcement agencies for the investigation of and issuance of firearms and explosives permits;</p>
            <p>W. To government employees, contractors, grantees, experts, consultant, students, or others for research conducted or training performed in accordance with statutory and regulatory requirements, including Parts 22 and 46 of Title 28 of the Code of Federal Regulations;</p>
            <p>X. To an individual seeking a copy of his/her own criminal history record information pursuant to 28 CFR 16.30-16.34 for the purposes of review and correction;</p>
            <p>Y. 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;</p>
            <p>Z. To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.
            </p><p>AA. To another Federal agency or Federal entity, when the Department 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.</p>
            <p>Disclosure To Consumer Reporting Agencies:</p>
            <p> None.</p>
            </xhtmlContent>
    </subsection>
    <subsection type="policiesAndpractices">
        <xhtmlContent>
            <p>>Storage:</p>
            <p>
                Records in this system are stored in paper and/or electronic format.
            </p>
            </xhtmlContent>
    </subsection>
    <subsection type="retrievability">
        <xhtmlContent>
            <p>
                Records in this system are typically retrieved by fingerprints, biometrics, individual name, and other identifying data, including unique identifying numbers assigned by the FBI or other government agencies.  Positive identification is effected only by comparison of fingerprint impressions submitted for search against the fingerprints maintained within the system.  Another means of retrieval is through name indices which contain names of the individuals, their birth data, other physical descriptors, and unique identifying numbers, if such have been assigned.
            </p>
            </xhtmlContent>
    </subsection>
    <subsection type="safeguards">
        <xhtmlContent>
            <p>All records are maintained in a secure government facility with access limited to only authorized personnel or authorized and escorted visitors.  Disclosure of information from the system is made only to authorized recipients upon authentication and verification of the right to access the system by such persons and agencies.  The physical security and maintenance of information within the system is provided by FBI rules, regulations, and procedures.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="retentionAndDisposal">
        <xhtmlContent>
            <p>
                Records in this system will be retained and disposed of in accordance with the records schedule approved by the National Archives and Records Administration.  In general, fingerprints and associated biometric and biographic information will be destroyed when the subjects attain 110 years of age or 7 years after notification of death with biometric confirmation.  Criminal history records and transaction logs are to be permanently retained.
            </p>
            </xhtmlContent>
    </subsection>
    <subsection type="systemManager">
        <xhtmlContent>
            <p> Assistant Director, Criminal Justice Information Services Division, Federal Bureau of Investigation, 1000 Custer Hollow Road, Clarksburg, WV 26306.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="notificationProcedure">
        <xhtmlContent>
            <p> Because this system contains information related to the government’s law enforcement and national security programs, records in this system have been exempted from subsections (d), (e)(4)(G), (e)(4)(H), and (e)(4)(I) pursuant to subsections (j)(2), (k)(2), and (k)(5) of the Privacy Act.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="recordAccessProcedures">
        <xhtmlContent>
            <p>Because this system contains information related to the government’s law enforcement and national security programs, this system of records has been exempted from subsections (d) and (e)(4)(H) pursuant to subsections (j)(2), (k)(2), and (k)(5) of the Privacy Act.  However, procedures are set forth at 28 CFR 16.30-16.34 and 20.24 for an individual to obtain a copy of his/her identification record maintained in NGI to review or to obtain a change, correction, or updating of the record.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="contestingRecordProcedures">
        <xhtmlContent>
            <p> Same as above.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="recordSourceCategories">
        <xhtmlContent>
            <p>Federal, state, local, tribal, foreign, and international agencies.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="exemptionsClaimed">
        <xhtmlContent>
            <p>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 pursuant to 5 U.S.C. 552a(j)(2). In addition, the Attorney General has exempted this system from (c)(3), (d), (e)(1), and (e)(4)(G) and (H), pursuant to (k)(2) and (k)(5). 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.</p>
       </xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p>81 FR 27283 (March 5, 2016): Last published in full.</p>
 </xhtmlContent>
    </subsection>
</section>
    <section id="doj" toc="yes">
<systemNumber>/FBI-010</systemNumber>
<subsection type="systemName">Employee Travel Vouchers and Individual Earning Records.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Federal Bureau of Investigation, J. Edgar Hoover Bldg., 10th and Pennsylvania Avenue, NW,
Washington, DC 20535. Records pending audit are located at Federal Records Centers.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Former and current employees of the FBI.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Payroll, travel and retirement records of current and former employees of the FBI.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The head of each executive agency, or his delegate, is responsible for establishing and
maintaining an adequate payroll system, covering pay, leave and allowances, as a part of the system
of accounting and internal control of the Budget and Accounting Procedures Act of 1950, as amended,
31 U.S.C. 66, 66a, and 200(a).
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>These records are used by Departmental personnel to prepare and document payment to
employees of the FBI and to carry out financial matters related to the payroll or accounting
functions.
</p><p>Release of information to the National Archives and Records Administration (NARA) and the General
Services Administration (GSA): A record from a system of records may be disclosed as a routine use
to the National Archives and Records Administration (NARA) and GSA in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Manual on paper files.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>The records can be retrieved by name; and either social security account number or employee
identification number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Accessed by Bureau employees at FBI Headquarters and by Field Office employees at Records
Centers. Transmittal document contains Bureau statement concerning security, i.e., who may access or
view records. Records are maintained in rooms under the control of employees during working hours
and maintained in locked file cabinets in locked rooms at other times. Security guards further
restrict access to the building to authorized personnel only.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Employee Travel Vouchers are destroyed 6 years, 3 months, after the period covered by the
account (GRS No. 6, Item 1A2). Individual Earnings Records are destroyed 56 years after date of last
entry (GRS No. 2, Item 1).
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Federal Bureau of Investigation, 9th and Pennsylvania Avenue, NW, Washington, DC
20535.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Written inquiries, including name, date of birth, and social security number, to determine
whether this system contains records about an individual may be addressed to Director, Federal
Bureau of Investigation, 9th and Pennsylvania Avenue, NW, Washington, DC 20535.
</p></xhtmlContent></subsection>

<subsection type="contestingRecordProcedures"><xhtmlContent><p>Written inquiries, including name, date of birth and social security number, requesting
access or contesting the accuracy of records may be addressed to: Director, Federal Bureau of
Investigation, 9th and Pennsylvania Avenue, NW, Washington, DC 20535.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Travel vouchers turned in by individual employees for official business. Pay records--
time and attendance records, pay determined by the agency.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
</section>

    <section id="doj" toc="yes">
<systemNumber>/FBI-011</systemNumber>
<subsection type="systemName">Employee Health Records.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Federal Bureau of Investigation, Administrative Services Division, Health Service, J. Edgar
Hoover Bldg., 10th and Pennsylvania Avenue, NW, Washington, DC 20535 and the following field
offices: New York, Newark, Philadelphia, Chicago, Los Angeles, San Francisco, and FBI Academy,
Quantico, Virginia. Addresses for field offices can be found in the appendix of Field Offices for
the Federal Bureau of Investigation in System notice Justice/FBI 002.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current and former employees of the FBI.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records of visits to health facilities relating to sickness, injuries or accidents.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The head of each agency is responsible, under 5 U.S.C. 7902, for keeping a record of
injuries and accidents to its employees and for reducing accidents and health risks. These records
are maintained under the general authority of 5 U.S.C. 301 so that the FBI can be kept aware of the
health related matters of its employees and more expeditiously identify them.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>These records are maintained by the FBI to identify matters relating to the health of its
present and former employees. Information is available to employees of the FBI whose job function
relates to identifying and resolving health matters of former and current personnel of the FBI.
</p><p>In addition, information may be released to the National Archives and Records Administration and
the General Services Administration in records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Previous procedure of creation and maintenance of 3 0A 5 index cards to record individual
health service visits has been phased out and a clinical folder is created to maintain an employee
health record and SF 510, "Nursing Notes" . The information is maintained manually in a file folder.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>By name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>These records are maintained by FBI personnel during working hours and in locked file
cabinets during non-working hours. Security guards further restrict access to the building to
authorized personnel.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Remaining index cards will be destroyed 6 years after date of last entry (GRS #1, Item 19).
The folder containing the health record and nursing notes will be transferred to the employee’s
medical folder, an appendage of the Office Personnel Folder, when Health Unit is notified of
resignations or retirements.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Federal Bureau of Investigation, 9th and Pennsylvania Avenue, NW, Washington, DC
20535.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Written inquiries, including name, address and social security number, to determine whether
this system of records contains records about an individual may be addressed to Director, Federal
Bureau of Investigation, 9th and Pennsylvania Avenue, NW, Washington, DC 20535, and/or individually
to the field officers which maintain similar records.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Written inquiries, including name, date of birth and social security number, requesting
access or contesting the accuracy of records may be addressed to: Director, Federal Bureau of
Investigation, 9th and Pennsylvania Avenue, NW, Washington, DC 20535, and the above-mentioned field
offices at addresses referred to in system notice Justice/FBI 002.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Employees of the Federal Bureau of Investigation originate their own records. Nursing Notes
appear on SF 510.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FBI-012</systemNumber>
<subsection type="systemName">Time Utilization Recordkeeping System (TURK).
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Classified.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records may be maintained at any location at which the Federal Bureau of Investigation (FBI)
operates or at which FBI operations are supported, including: J. Edgar Hoover Building, 935
Pennsylvania Ave., NW., Washington, DC 20535-0001, FBI Academy and FBI Laboratory, Quantico,
VA 22135; FBI Criminal Justice Information Services (CJIS) Division, 1000 Custer Hollow Rd.,
Clarksburg, WV 26306; and FBI field offices, legal attaches, information technology centers, and
other components listed on the FBI’s Internet Web site, <i>http://www.fbi.gov.</i> Some or all
system information may also be duplicated at other locations for purposes of system backup,
emergency preparedness, and/or continuity of operations.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Former and current FBI employees and individuals who perform work under the supervision of
the FBI who are required to keep track of workload in TURK, including: Special Agents; Financial
Assistants/Financial Analysts; Investigative Specialists; Language Specialists; Intelligence
Analysts; Forensic Examiners; Surveillance Specialists; and Task Force Officers.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>TURK contains bi-weekly time utilization data of the individuals listed above. The data
includes name and Social Security Number (SSN) of these individuals. SSNs are used to distinguish
between individuals with similar names.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>31 U.S.C. 3512(b); 5 U.S.C. 301; 44 U.S.C. 3101.
</p><p>Purpose:</p>
<p>The TURK system is maintained for the purpose of tracking FBI workload, and for providing
reports both internally and externally that reflect personnel utilization by investigative
classification.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>In addition to those disclosures generally permitted under 5 U.S.C. 552a (b), the records or
information in this system may be disclosed as a routine use under 5 U.S.C. 552a(b)(3) as follows:
</p><p>A. In accordance with applicable blanket routine uses established for FBI record systems. See
"Blanket Routine Uses (BRU) Applicable to More Than One FBI Privacy Act System of Records,
Justice/FBI-BRU," published on June 22, 2001, at 66 FR 33558 and amended on February 14,
2005, at 70 FR 7513, and on January 25, 2007, at 72 FR 3410.
</p><p>B. To appropriate entities for the purpose of producing and sharing outside the FBI cost
accounting reports reflecting use of personnel.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information maintained in the system is stored electronically on magnetic tapes and disks
for use in a computer environment. Older records may be maintained in paper form. Paper records are
stored in file folders within file cabinets.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by name and/or social security number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>System records are maintained in limited access space in FBI-controlled facilities and
offices. Computerized data is password protected. All FBI personnel, including contractors
performing work on the system, are required to pass an extensive background investigation. Access to
computerized records is limited to those employees and contractors who have agreed to the FBI’s
rules of behavior for information technology systems. The information is accessed only by authorized
FBI personnel or non-FBI personnel properly authorized to assist in the conduct of an agency
function related to these records. Paper records are stored in locked GSA-approved storage
containers.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are retained during their useful life in accordance with records retention schedules
approved by the National Archives and Records Administration.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW., Washington, DC
20535-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as Record Access Procedures, below.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals who are required to report TURK hours may obtain copies of their own data from
the Service Support Technician assigned to their location. Alternatively, record requests can be
submitted in writing, with the envelope and the letter clearly marked "Privacy Act Request.
" Full name and complete address should be included in the request. The requester must sign
the request and verify it, either by having the signature notarized or submitted under 28 U.S.C.
1746, a law that permits statements to be made under penalty of perjury as a substitute for
notarization. Requests for access to information must be addressed to the Record Information
Dissemination Section, Federal Bureau of Investigation, 935 Pennsylvania Ave., NW., Washington, DC
20535-0001.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>To contest or amend information maintained in the system, an individual should follow the
procedures in Record Access Procedures and state clearly and concisely what information is being
contested, the reasons for contesting it, and the proposed amendment to the information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information is derived from individuals who currently use or in the past have used the
system to record their workload.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FBI-013</systemNumber>
<subsection type="systemName">Security Access Control System (SACS).
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records may be located at all locations at which the Federal Bureau of Investigation (FBI)
operates, including: J. Edgar Hoover FBI Building, 935 Pennsylvania Ave., NW., Washington, DC 20535;
FBI Academy and FBI Laboratory, Quantico, VA 22135; FBI Criminal Justice Information Services (CJIS)
Division, 1000 Custer Hollow Rd., Clarksburg, WV 26306; FBI field offices, legal attaches, and
information technology centers as listed on the FBI’s Internet Web site, http://www.fbi.gov,
including any future revisions to the Web site.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>All individuals who have applied for, sought, been considered for, attempted and/or obtained
access to the J. Edgar Hoover FBI Building, FBI field offices, CJIS West Virginia Complex, FBI
Academy, FBI Laboratory, legal attaches, information technology centers or other locations where the
FBI operates, or to FBI vehicles, property or equipment, including: current and former FBI
employees, contractors, vendors, grantees, experts, consultants, task force personnel, volunteers,
detailees, visitors, and other non-FBI employees. May also include persons identified as employers,
sponsors, references, or contacts for the above individuals.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records may include: names; social security numbers; dates of birth; physical descriptions;
badge numbers; information on employer, sponsor, contacts, and/or references; home and/or business
addresses and phone numbers; dates and times of entry, exit, and/or passage through control points;
fingerprints, photographs, videos, electronic images, signatures, and other biometric identifiers;
vehicle identification data; purpose of visit and person visited and/or other related information.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Executive Order 12958, as amended 13292, Title 5 U.S.C. 552a(e)(10); title 44 U.S.C.
chapters 21 and 33. These statutes, as well as the Executive Orders, are directed toward security of
United States Government records maintained by federal agencies. Title 40 U.S.C. chapter 318a; and
Title 41 CFR 102-81.10 and 81.15. This statute and the federal regulations are directed toward
security of United States Government buildings and the people therein.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>System records are necessary to maintain the security of the personnel and locations at
which the FBI operates, and of FBI records, vehicles, property and equipment, and are used to
determine eligibility and/or the status of individuals who have applied for, sought, been considered
for, attempted and/or obtained such access. System records are also used to maintain control of
badges issued for access to locations where the FBI operates and to Bureau vehicles, property or
equipment.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The FBI may disclose relevant system records in accordance with any current or future
blanket routine uses established for FBI records systems. See Blanket Routine Uses (BRU) Applicable
to More Than One FBI Privacy Act System of Records, Justice/FBI-BRU, published on June 22,
2001 at 66 FR 33558 and amended in today’s <i>Federal Register</i> (and any future revisions).
</p><p>In addition, as routine uses specific to this system, the FBI may disclose relevant system
records to the following persons or entities under the circumstances or for the purposes described
below, to the extent such disclosures are compatible with the purpose for which the information was
collected. (Routine uses are not meant to be mutually exclusive and may overlap in some cases.)
</p><p>A. To a federal, state, local, joint, tribal, foreign, international, or other public
agency/organization, where such disclosure serves a law enforcement purpose, such as sharing
information of intelligence value with other law enforcement or intelligence agencies to whose
lawful responsibilities the information may be germane.
</p><p>B. To any person or entity in either the public or private sector, domestic or foreign, if deemed
by the FBI to be reasonably necessary in eliciting information or cooperation from the recipient for
use by the FBI in furthering the purposes of the system, e.g., disclosure of personal identifying
information to an associate or employer of a person to confirm the person’s identity, suitability,
and reason for access to an FBI facility.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Most information is maintained in computerized form and stored in memory, on disk storage,
on computer tape, or other computer media. However, some information may also be maintained in hard
copy (paper) or other form.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is typically retrieved by name of the individual, other personal identifiers, or
by access badge number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>System records are maintained in limited access space in FBI controlled facilities and
offices. Computerized data is password protected. All FBI personnel are required to pass an
extensive background investigation. The information is accessed only by authorized DOJ personnel or
by non-DOJ personnel properly authorized to assist in the conduct of an agency function related to
these records.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>System records in all formats are maintained and disposed of in accordance with appropriate
authority of the National Archives and Records Administration.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, FBI, 935 Pennsylvania Ave., NW., Washington, DC 20535-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as Record Access Procedures.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to a record from the system shall be made in writing with the envelope
and the letter clearly marked "Privacy Act Request" . Include in the request your full name and
complete address. The requester must sign the request; and, to verify it, the signature must be
notarized or submitted under 28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization. You may submit any other identifying data you wish to
furnish to assist in making a proper search of the system. Requests for access to information
maintained at FBI Headquarters must be addressed to the Record/Information Dissemination Section,
Federal Bureau of Investigation, 935 Pennsylvania Ave., NW., Washington, DC 20535-0001.
Requests for information maintained at other FBI locations must be made separately and addressed to
the specific location as listed on the FBI’s Internet Web site, http://www.fbi.gov, including any
future revisions to the Web site.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should also
direct their request to the appropriate FBI location, stating clearly and concisely what information
is being contested, the reasons for contesting it, and the proposed amendment to the information
sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>See Categories of Individuals Covered by The System.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FBI-015</systemNumber>
<subsection type="systemName">National Center for the Analysis of Violent Crime (NCAVC).
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Federal Bureau of Investigation, Training Division, FBI Academy, Behavioral Science Unit,
Quantico, Virginia 22135.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>A. Individuals who relate in any manner to official FBI investigations into violent crimes
including, but not limited to, subjects, suspects, victims, witnesses, close relatives, medical
personnel, and associates who are relevant to an investigation.
</p><p>B. Individuals who are the subject of unsolicited information or who offer unsolicited
information, and law enforcement personnel who request assistance and/or make inquiries concerning
records.
</p><p>C. Individuals who are the subject of violent crime research studies including, but not limited
to, criminal personality profiles, scholarly journals, and news media references.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The National Center for the Analysis of Violent Crime will maintain in both manual and
automated formats case investigation reports on all forms of solved and unsolved violent crimes.
These violent crimes include, but are not limited to, acts or attempted acts of murder, kidnapping,
incendiary arson or bombing, rape, physical torture, sexual trauma, or evidence of violent forms of
death. Less than ten percent of the records which are analyzed may not be directly related to
violent activities.
</p><p>A. Violent Criminal Apprehension Program (VICAP) case reports submitted to the FBI by a duly
constituted Federal, State, county, municipal, or foreign law enforcement agency in any violent
criminal matter. VICAP reports include, but are not limited to, crime scene descriptions, victim and
offender descriptive data, laboratory reports, criminal history records, court records, news media
references, crime scene photographs, and statements.
</p><p>B. Violent crime case reports submitted by FBI headquarters or field offices, and case reports
submitted to the FBI by a duly constituted Federal, State, county, municipal, or foreign law
enforcement agency in any violent criminal matter.
</p><p>C. Violent crime research studies, scholarly journal articles, textbooks, training materials, and
news media references of interest to NCAVC personnel.
</p><p>D. An index of all detected trends, patterns, profiles and methods of operation of known and
unknown violent criminals whose records are maintained in the system.
</p><p>E. An index of the names, addresses, and contact telephone numbers of professional individuals
and organizations who are in a position to furnish assistance to the FBI’s NCAVC operation.
</p><p>F. An index of public record sources for historical, statistical and demographic data collected
by the U.S. Bureau of the Census.
</p><p>G. An alphabetical name index pertaining to all individuals whose records are maintained in the
system.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>44 U.S.C. 3101; 41 CFR subpart 101-11.2 and 28 U.S.C. 534.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Currently, the NCAVC is administered by the FBI through its Training Division, located at
the FBI Academy, Quantico, Virginia. Its primary mission is to consolidate research, training, and
operational support activities for the express purposes of providing expertise to any legitimate law
enforcement agency confronted with unusual, bizarre, and/or particularly vicious or repetitive
violent crimes.
</p><p>Records described above are maintained in this system to permit the FBI to function efficiently
as an authorized, responsive component of the Department of Justice. Therefore, the information in
this system is disclosed to officials and employees of the Department of Justice, and/or all
components thereof, who need the information to perform their official duties.
</p><p>Information in this system may be disclosed as a routine use to any Federal, State, local, or
foreign government agency directly engaged in the criminal justice process where access is directly
related to a law enforcement function of the recipient agency in connection with the tracking
identification, and apprehension of persons believed to be engaged in repeated or exceptionally
violent acts of criminal behavior.
</p><p>Information in this system may be disclosed as a routine use in a proceeding before a court or
adjudicative body, e.g., the Equal Employment Opportunity Commission and the Merit Systems
Protection Board, before which the FBI is authorized to appear, when (a) the FBI or any employee
thereof in his or her official capacity, or (b) any employee in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or (c) the United States, where the
FBI determines it is likely to be affected by the litigation, is a party to litigation or has an
interest in litigation and such records are determined by the FBI to be relevant to the litigation.
</p><p>Information in this system may be disclosed as a routine use to an organization or individual in
both the public or private sector pursuant to an appropriate legal proceeding or, if deemed
necessary, to elicit information or cooperation from the recipient for use by the FBI in the
performance of an authorized activity. An example could be where the activities of an individual are
disclosed to a member of the public to elicit his/her assistance in FBI apprehension or detection
efforts.
</p><p>Information in this system may be disclosed as a routine use to an organization or individual in
the public or private sector where there is reason to believe the recipient is or could become the
target of a particular criminal activity or conspiracy and to the extent the information is relevant
to the protection of life or property.
</p><p>Relevant information may be disclosed from this system to the news media and general public where
there exists a legitimate public interest. Examples would include: To obtain public or media
assistance in the tracking, identifying, and apprehending of persons believed to be engaged in
repeated acts of violent criminal behavior; to notify the public and/or media of arrests; to protect
the public from imminent threat to life or property where necessary; and to disseminate information
to the public and/or media to obtain cooperation with violent crime research, evaluation, and
statistical programs.
</p><p>Information in this system may be disclosed as is necessary to appropriately respond to
congressional inquiries on behalf of constituents.
</p><p>A record from a system of records may be disclosed as a routine use to the National Archives and
Records Administration (NARA) in records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906 to the extent that legislation governing the record permits.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information in the system is stored manually in locked file cabinets, either in its natural
state or on microfilm, at the NCAVC in Quantico, Virginia. The active main files are maintained in
hard copy form and some inactive records are maintained on microfilm.
</p><p>In addition, some of the information is stored in computerized data storage devices at the NCAVC
and FBI Computer Center in Washington, DC. Investigative information which is maintained in
computerized form may be stored in memory on disk storage on computer tape, or on computer printed
listings.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>On-line computer access to NCAVC files is achieved by using the following search
descriptors:
</p><p>A. A data base which contains the names of individuals, their birth dates, physical descriptions,
and other identification numbers such as FBI numbers, if such have been assigned.
</p><p>B. Summary variables contained on VICAP reports submitted to the NCAVC as previously described.
</p><p>C. Key words citations to violent crime research studies. scholarly journal articles, textbooks,
training materials, and media references.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Records are maintained in restricted areas and accessed only by FBI employees. All FBI
employees receive a complete pre-employment background investigation. All employees are cautioned
about divulging confidential information or any information contained in FBI files. Failure to abide
by this provision violates Department of Justice regulations and may violate certain statutes
providing maximum severe penalties of a ten thousand dollar fine or 10 years’ imprisonment or both.
Employees who resign or retire are also cautioned about divulging information acquired in the job.
</p><p>Registered mail is used to transmit routine hard copy records between field offices. Highly
classified records are hand carried by Special Agents or personnel of the Armed Forces Courier
Service. Highly classified or sensitive privacy information, which is electronically transmitted
between field offices and to and from FBI Headquarters, is transmitted in encrypted form to prevent
interception and interpretation.
</p><p>Information transmitted in teletype form between the NCAVC in Quantico, Virginia and the FBI
Computer Center in Washington, DC, is encrypted prior to transmission at both places to ensure
confidentiality and security of the data.
</p><p>FBI field offices involved in certain complicated, investigative matters may be provided with on-
line access to the computerized information which is maintained for them on disc storage in the FBI
Computer Center in Washington, DC. This computerized data is also transmitted in encrypted form.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are proposed for destruction after 50 years or upon termination of the program,
whichever is earlier. The disposition schedule is pending with NARA as Job No. N1-65-88
-13.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Federal Bureau of Investigation, 10th and Pennsylvania Avenue NW, Washington, DC
20535.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to the System Manager.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Requests for access to records in this system shall be made in writing with the envelope and
the letter clearly marked "Privacy Access Request."  The request must provide the full name,
complete address, date of birth, place of birth, and notarized signature of the individual who is
the subject of the record requested. The request should also include the general subject matter of
the document or its file number--along with any other known information which may assist in
making a search of the records. The request must also provide a return addressing for transmitting
the information. Access requests should be addressed to the Director, Federal Bureau of
Investigation, Washington, DC 20535.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should also
direct their request to the Director, Federal Bureau of Investigation, Washington, DC 20535. The
request should state clearly and concisely (1) the reasons for contesting the information, and (2)
the proposed amendment to the information.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The FBI, by the very nature of its responsibilities to investigate violations of law within
its investigative jurisdiction and ensure the internal security of the United States, collects
information from a wide variety of sources. Basically, information is obtained, as a result of
investigative efforts, from other Government agencies, law enforcement agencies, the general public,
informants, witnesses, and public source material.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3), (d), (e)(1), (e)(4)
(G) and (H), (f) and (g) of the Privacy Act pursuant to 5 U.S.C. 552a (j)(2) and (k)(2). Rules have
been promulgated in accordance with the requirements of 5 U.S.C. 553 (b), (c), and (e).
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FBI-016</systemNumber>
<subsection type="systemName">FBI Counterdrug Information Indices System (CIIS).
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>The Department of Justice (DOJ) Computer Center, Rockville, Maryland, and at FBI
Headquarters, Washington, DC.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>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.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>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.
</p><p>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.
</p><p>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.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Authority for this system is found at 28 U.S.C. 534, and 44 U.S.C. 3101.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>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.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>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:
</p><p>(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;
</p><p>(2) Federal, state, local, and foreign law enforcement agencies, and components thereof, to the
extent necessary to elicit information pertinent to counterdrug law enforcement;
</p><p>(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;
</p><p>(4) Individuals and organizations in the course of investigations to the extent necessary to
elicit information pertinent to counterdrug law enforcement;
</p><p>(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;
</p><p>(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;
</p><p>(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;
</p><p>(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
</p><p>(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.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>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.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>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.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>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.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>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.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Federal Bureau of Investigation, Washington, DC 20535.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquires should be addressed to: Federal Bureau of Investigation, Freedom of
Information/Privacy Acts Section, 9th Street and Pennsylvania Avenue, NW, Washington, DC 20535
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>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.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>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 <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FBI-017</systemNumber>
<subsection type="systemName">National DNA Index System (NDIS).
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Federal Bureau of Investigation: FBI Laboratory, U.S. Department of Justice, J. Edgar Hoover
Building, 935 Pennsylvania Ave., NW., Washington, DC 20535-0001.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals in this system include persons designated by criminal justice agencies as
belonging to one or more of the following groups:
</p><p>A. Convicted offenders: Persons who have been convicted of crimes in Federal, State, and/or local
courts where the applicable law permits establishment of a DNA record for the convicted person.
</p><p>B. Missing persons and their close biological relatives: Persons reported missing or whose
whereabouts are unknown and sought and their close biological relatives, such as parents, siblings,
and children.
</p><p>C. Victims: Persons, living or dead, who have been victims of crimes where the perpetrator of the
crime may have carried DNA of the victim away from the crime scene.
</p><p>D. DNA personnel: Personnel in Federal, State, and/or local criminal justice agencies who perform
duties related to or are responsible for DNA records.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The following definitions are used in this notice:
</p><p>A. A DNA sample is a body tissue or fluid sample usually a blood and/or buccal sample, that can
be subjected to DNA analysis.
</p><p>B. A DNA profile consists of a set of DNA identification characteristics, i.e., the particular
chemical form at the various DNA locations (loci), which permit the DNA of one person to be
distinguishable from that of another person.
</p><p>C. A target DNA profile is a DNA profile submitted by a criminal justice agency for the purpose
of identifying DNA profiles maintained by NDIS which match the target DNA profile.
</p><p>D. A target DNA profile search is a search of appropriate NDIS DNA records for those records with
DNA profiles that may match the target DNA profile.
</p><p>E. Personally identifiable information is information such as names, dates of birth, or social
security numbers which are normally used to identify individuals. Personally identifiable
information, as used in this notice, does not include information derived from the examination of a
DNA sample.
</p><p>F. A DNA record includes the DNA profile as well as data required to manage and operate NDIS,
i.e., the NDIS Agency identifier which serves to identify the submitting agency; the NDIS Specimen
Identification Number; information related to the reliability and maintainability of the DNA
profiles; and names of the participating laboratories and DNA personnel associated with DNA profile
analyses.
</p><p>Records in this system do not include DNA samples but do include DNA profiles of persons
described under "Categories of Individuals Covered by the System"  in paragraph A-C. DNA
records are input by criminal justice agencies for use by the NDIS. NDIS includes the names of DNA
personnel associated with DNA profile analyses, the date after which DNA records from a given DNA
analyst can be accepted, and, when applicable, the date after which associated DNA records are not
accepted. NDIS does not contain case-related or other personally identifying information about the
person from whom the DNA sample was collected.
</p><p>DNA records are maintained as follows:
</p><p>1. The Convicted Offender Index, consisting of DNA records from convicted offenders;
</p><p>2. The Missing Persons Index, consisting of DNA records from missing persons;
</p><p>3. The Close Biological Relatives Index, consisting of DNA records from close biological
relatives of missing persons;
</p><p>4. The Unidentified Persons Index, consisting of DNA records from recovered living persons (e.g.,
children who can’t and others who can’t or refuse to identify themselves), and recovered dead
persons (including their body parts and tissues), whose identities are not known;
</p><p>5. The Victims Index, consisting of DNA records from victims, living or dead, from whom DNA may
have been carried away by perpetrators;
</p><p>6. The Forensic Index, consisting of DNA records from persons whose identities are not known with
certainty and who left DNA at the scene of a crime or whose DNA was carried away from it; and
</p><p>7. The Population File, consisting of DNA profiles intended to represent various population
segments found in the United States. The Population File consists of DNA records from individuals
whose identities may be: (a) Known to; (b) not known, but determinable under some circumstances by;
or (c) not known and not determinable by the criminal justice agency submitting the DNA records to
NDIS.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The Violent Crime Control and Law Enforcement Act of 1994, Pub. L. No. 103-322, 108
Stat. 1796.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The purpose of this system and the DNA records maintained in the system is to provide a
national storage medium for DNA records input by criminal justice agencies. These records can be
searched in order to identify DNA associations with a DNA record obtained during an investigation of
a crime or a missing person. The system is also maintained for statistical, identification research,
and protocol development and quality control purposes.
</p><p>In addition to DNA records, records about DNA personnel are maintained in the system. The
purposes of these DNA personnel records are to control the acceptance of DNA records by NDIS and to
facilitate criminal justice agency contracts required to resolve potential DNA matches.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. Direct disclosures of NDIS records are made to the Federal, State, and local criminal
justice agencies who participate in NDIS. As a result of an NDIS search by a criminal justice
agency, the NDIS system analyzes the target DNA profile entered by the search agency and may
identify a potential match. Where NDIS identifies a potential match, the matching DNA’s records will
be disclosed to the criminal justice agencies associated with the match.
</p><p>2. The Federal statute which authorizes NDIS also provides that the FBI and other criminal
justice agencies participating in NDIS may make secondary or indirect disclosures of DNA records:
</p><p>(A) To criminal justice agencies for law enforcement identification purposes;
</p><p>(B) In judicial proceedings, if otherwise admissible pursuant to applicable statutes or rules;
</p><p>(C) For criminal defense purposes, to a defendant, who shall have access to samples and analyses
performed in connection with the case in which defendant is charged; or
</p><p>(D) If personally identifiable information is removed, for a population statistics database, for
identification research and protocol development purposes, or for quality control purposes.
</p><p><b>Note:</b> Personal information such as names are not found in NDIS. However, operational
identifiers such as the Specimen No., Criminal Justice Agency Identifier, and DNA Personnel
identifier, are contained in NDIS. Although unlikely, the identity of an individual could, under
some circumstances, be ascertained with the disclosure of such numbers for purposes stated in (D)
above. This is only possible when access to a criminal justice agency’s records is provided to the
holder of the operational identifiers. Therefore, to ensure that such associations are not made,
these operational numbers will be removed before disclosure for these purposes.
</p><p>3. A record may be disclosed from this system of records to the National Archives and Records
Administration and the General Services Administration in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906, to the extent that legislation governing the records
permits.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information maintained in NDIS is stored electronically for use in a computer environment.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>The primary method for retrieving information from NDIS is the target DNA profile search
described in the routine use disclosure provisions of this notice.
</p><p>The NDIS Custodian may retrieve records based on: the DNA profile, the NDIS Agency identifier,
the NDIS Specimen Identification Number, and/or DNA personnel identifier. Criminal justice agencies
with direct access to NDIS may retrieve their records by the NDIS Agency identifier, NDIS Specimen
Identification Number, or DNA personnel identifier but only to inspect, modify, or delete their own
DNA records.
</p><p>Since NDIS records contained in NDIS do not include personal identifiers of the individuals from
whom the DNA samples were collected, retrieval by personal identifiers of these record subjects is
not possible.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>All records in NDIS are protected from unauthorized access through appropriate
administrative, physical, and technical safeguards. These safeguards include restricting access to
those with a need-to-know to perform their official duties, using locks and alarm devices, and
encrypting data communications.
</p><p>No personally identifiable information about individuals who provided DNA samples is maintained
in NDIS. Therefore, names and personally identifiable information of NDIS DNA records cannot be
disclosed directly from NDIS. (NDIS does, however, maintain the names of NDA personnel.)
</p><p>NDIS will disclose to a criminal justice agency the DNA records of another criminal justice
agency only when there is a potential DNA match. Any additional disclosures of personally
identifiable information or other case-related data are made directly by the criminal justice
agencies from their own files and records, not from NDIS.
</p><p>Although ostensibly devoid of personally identifiable information, DNA records in NDIS contain an
NDIS Specimen Identification Number, NDIS Agency identifier, and a DNA personnel identifier for law
enforcement and/or general operational purposes. Since it is possible, in some circumstances, to use
those numbers together with the appropriate agency’s own records to identify the individuals
represented by the DNA records, additional precautions are taken.
</p><p>The precautions involve removal of the Specimen Identification Numbers, NDIS Agency identifiers,
and DNA personnel identifiers, prior to disclosure pursuant to the 2(D) routine use. (See the
"Routine Uses of Records Maintained in the System"  section of this notice.) Thus, NDIS will
periodically generate DNA profile data sets, consisting of anonymous DNA profiles, for population
statistics databases, for identification research and protocol development purposes, or for quality
control purposes.
</p><p>Criminal justice agencies are prohibited from submitting a DNA record for inclusion in the NDIS
Population File for investigative purposes. The only target DNA profile searches conducted against
the Population File are those necessary to eliminate duplicate DNA profiles representing the same
individual.
</p><p>Finally, criminal justice agencies with direct access to NDIS must agree to adhere to national
quality assurance standards for DNA testing, undergo semi-annual external proficiency testing, and
restrict access to DNA samples and data. The NDIS will not accept DNA analyses from those agencies
and/or DNA personnel who fail to comply with these standards and restrictions; and the NDIS
Custodian is authorized to restrict access to and delete any DNA records previously entered into the
system.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>DNA records generated by criminal justice agencies, together with the personal identifying
information of DNA personnel, shall be retained in NDIS as long as they are substantiated by
internal records of the submitting agency and are permitted either by consent, by judicial/criminal
justice authority, or by Federal, State, or local law. Records may be deleted by the originating
criminal justice agency or by other Federal, State, or local authorities who are responsible for
deleting any records that are no longer permitted or appropriate for retention in NDIS. DNA records
submitted to NDIS and then found to be inaccurate shall either be modified to achieve accuracy or
deleted from NDIS by the submitting agency.
</p><p>Agencies granted access to NDIS are required to establish and maintain a system of controls to
ensure that continued use of their DNA records in NDIS is lawfully permitted. Such a system of
controls shall ensure that DNA records in NDIS which are authorized by the consent of individuals,
for example, are retained in NDIS only for the duration and within the scope of the consent.
</p><p>The NDIS Custodian has the authority to determine that certain DNA records in NDIS should be
deleted or, alternatively, suspended from use for a period of time determined appropriate by the
NDIS Custodian. The criminal justice agencies whose records are affected by a determination to
delete or suspend records in NDIS shall be notified of this determination and the nature of the
deletion or suspension. The NDIS Custodian may subsequently decide to either restore or delete the
suspended records, and shall notify the affected agency of this subsequent determination.
</p><p>The DNA personnel identifier for a single individual is deleted from NDIS only after all DNA
records associated with that individual are deleted.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Federal Bureau of Investigation, c/o National DNA Index System Custodian, FBI
Laboratory, U.S. Department of Justice, J. Edgar Hoover Building, 935 Pennsylvania Avenue, NW.,
Washington, DC 20535-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>None. This system of records has been exempted from subsections (d) and (e)(4)(G) pursuant
to subsection (j)(2) of the Privacy Act, and thus is exempt from the notification provision.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>This system of records has been exempted from subsection (d) and (e)(4)(H) pursuant to
subsection (j)(2) of the Privacy Act, and thus is exempt from its access provisions. NDIS does not
retain information that would allow the NDIS Custodian, independent of the agency which originated
the DNA record, to personally identify the record by name or other personal identifier. However,
subject to applicable Federal, State, and local law and procedures, the following alternative
procedures are available by which an individual may request access to records in NDIS.
</p><p>1. Subjects of DNA Records:
</p><p>a. Convicted Offender Records: The individual may contact the Federal, State or local authority
(the authorized agency) which ultimately received the collected DNA sample to obtain instructions on
how to access his/her record. The authorized agency has the DNA record, if one exists, including
information as to whether the DNA record has been submitted to NDIS. Only the authorized agency
would have information sufficiently specific to permit retrieval of the record from its files by
name or other personally identifiable information. The authorized agency may also retrieve the DNA
record, if any, that was submitted to NDIS, once locally specified requirements are met.
</p><p>In addition, where a convicted offender is relocated voluntarily or involuntarily to a criminal
justice agency (i.e., penal institution or parole and probation authorities) for custodial or
supervisory purposes in another State or jurisdiction, the DNA record may be created by the new host
criminal justice agency or other State (or Federal) authority from a DNA sample collected from the
Convicted Offender at the new host criminal justice agency or other State (or Federal) authority. In
such circumstances, the individual may contact such agency or authority for access instructions.
</p><p>b. Close Biological Relatives of Missing Persons and Victims; Living Victims; and Missing Persons
Who Have Been Located: These individuals must contact the criminal justice agency (Federal, State,
or local) which collected and processed the DNA sample to generate the DNA record. The criminal
justice agency can then advise the individual about procedures for access to the DNA record. Such
agency may also retrieve the DNA record, if any, that was submitted to NDIS, once locally specified
requirements are met.
</p><p>2. Records of DNA Personnel: These individuals may write to the Federal, State, or local criminal
justice agency by which they are or were employed.
</p><p>3. FBI generated records: The subject of an FBI-generated DNA record may address a Freedom of
Information/Privacy Act (FOIA/PA) request to the Director, FBI, at the address given at the end of
this paragraph. DNA personnel employed by the FBI may also address their requests to the system
manager; however, all the information in NDIS concerning DNA personnel is also contained in the
FBI’s Central Records System (CRS), which may contain additional information. To request access to
the CRS, DNA personnel may address an FOIA/PA request to the Director, FBI, U.S. Department of
Justice, J. Edgar Hoover Building, 935 Pennsylvania Ave., NW., Washington, DC 20535-0001.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>This system of records has been exempted from subsections (d) and (e)(4)(H) pursuant to
subsection (j)(2) of the Privacy Act, and is thus exempt from its amendment and correction
provisions. However, subject to applicable Federal, State, and local laws and procedures, the
following alternative procedures are available by which an individual may contest his/her records:
</p><p>1. All Subjects of DNA Records: The requester must follow the same procedures for contesting
records as those outlined under "Record Access Procedures."  In addition, the requester should be
aware of the following:
</p><p>a. DNA records submitted to NDIS and contested on the basis of inaccurate information must be
resolved with the criminal justice agency that submitted the DNA record NDIS. If a contested DNA
record is found to be inaccurate by the criminal justice agency submitting the DNA record, such
agency shall correct the inaccurate DNA record by either amending or deleting the record.
</p><p>b. DNA records submitted to NDIS and contested on the basis of the authority to retain the DNA
record must be resolved with the criminal justice agency that submitted the contested DNA record. If
such agency determines that the contested DNA records should not be included in NDIS, such agency
must delete the contested DNA record.
</p><p>2. Records of All DNA Personnel: DNA personnel must follow the same procedures for contesting
records as those outlined under "Record Access Procedures."
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>DNA records in NDIS are received from Federal, State, and local criminal justice agencies.
These DNA records may be derived from DNA samples obtained by Federal, State, and local and criminal
justice agencies or their agents (public or private).
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system of records from subsection (c) (3) and (4);
(d); (e) (1), (2), and (3); (e)(4) (G) and (H); (e) (5) and (8); and (g) of the Privacy Act pursuant
to 5 U.S.C. 552a(j)(2). Rules are being promulgated in accordance with the requirements of 5 U.S.C.
553 (b), (c), and (e); and are being published in the <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FBI-018</systemNumber>
<subsection type="systemName">National Instant Criminal Background Check System (NICS).
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Federal Bureau of Investigation, 1000 Custer Hollow Road, Clarksburg, West Virginia 26306.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The categories of individuals covered by the system include any person who:
</p><p>A. Is under indictment for, or has been convicted in any court of, a crime punishable by
imprisonment for a term exceeding one year;
</p><p>B. Is a fugitive from justice;
</p><p>C. Is an unlawful user of or addicted to any controlled substance;
</p><p>D. Has been adjudicated as a mental defective or has been committed to a mental institution;
</p><p>E. Is an alien who is illegally or unlawfully in the United States or who has been admitted to
the United States under a non-immigrant visa;
</p><p>F. Has been discharged from the Armed Forces under dishonorable conditions;
</p><p>G. Having been a citizen of the United States, has renounced such citizenship;
</p><p>H. Is subject to a court order that restrains the person from harassing, stalking, or threatening
an intimate partner or child of such intimate partner (issued after a hearing of which actual notice
was received);
</p><p>I. Has been convicted in any court of a misdemeanor crime of domestic violence (involving the use
or attempted use of physical force committed by a current or former spouse, parent, or guardian of
the victim or by a person with a similar relationship with the victim);
</p><p>J. Is otherwise disqualified from possessing a firearm under State law;
</p><p>K. Is for claims to be a Federal firearms licensee (FFL), i.e., a person licensed by the Bureau
of Alcohol, Tobacco and Firearms (ATF), United States Department of Treasury, as a manufacturer,
dealer, or importer of firearms; or
</p><p>L. Has applied for the transfer of a firearm or for a firearms-related permit or license and has
had his or her name forwarded to the NICS as part of a request for a NICS background check.
(Identifying information about this category of individuals is maintained for system administration
and security purposes in the "NICS Audit Log,"  a system transaction log described below under the
headings "CATEGORIES OF RECORDS IN THE SYSTEM"  and "RETENTION AND DISPOSAL."  Identifying
information may also be maintained in appeals files for those individuals who have requested the
reason for a denial or delay from the FBI, or from a law enforcement agency serving as a POC, and/or
challenged the accuracy or validity of a disqualifying record or otherwise inquired about a NICS
transaction. In cases of allowed transfers, all information in the NICS Audit Log related to the
person or the transfer, other than the NICS Transaction Number (a unique number assigned to each
valid background request inquiry) assigned to the transfer and the date the number was assigned,
will be destroyed after not more than 90 days after the transfer is allowed, provided that such
information may be retained for a longer period if necessary to pursue identified cases of misuse of
the system. In such cases, the system will not contain any details about the type of firearm which
is the subject of the proposed transfer (other than the fact that it is a handgun or long gun) or
whether a sale or transfer of a firearm has actually taken place.)
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The "NICS Index"  is the only database maintained by the FBI which was created specifically
for the NICS. The NICS Index contains records obtained by the Attorney General from Federal agencies
or States on individuals who fall into the categories of individuals listed above under the heading
"CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM,"  C through G. These records contain an
individual’s name; sex; race; other personal descriptive data (such as scars and tattoos); complete
date of birth; state of residence; sometimes a unique identifying number, such as a Social Security
number (but NICS does not require it to be furnished), a military number, or a number assigned by
Federal, State, or local law enforcement authorities.
</p><p>The "NICS Audit Log"  is a chronological record of system (computer) activities that enables the
reconstruction and examination of a sequence of events and/or changes in an event related to the
NICS. With regard to a specific NICS transaction, the audit log will include: The name and other
identifying information about the prospective transferee; the type of transaction (inquiry or
response); line number; time; date of inquiry; header; message key; Originating Agency Identifier;
and inquiry/response data, such as a NICS Transaction Number (a unique number assigned to each valid
background request inquiry) and information found by the NICS search.
</p><p>In addition, the NICS contains information on persons that are FFLs (or claim to be). This
information includes the FFL name, address, phone numbers, ATF number, access code words, names of
authorized representatives and contact persons, and similar information used by the NICS to
identify, validate, and communicate with FFLs in the course of NICS operations.
</p><p>The NICS also contains "appeals records" which reflect inquiries by individuals regarding the
reason for a delay  or denial by the FBI or a POC, and/or challenges to the accuracy or validity of
a disqualifying record, or other types of inquiries made by individuals about a NICS transaction.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>(1) 18 U.S.C. 922, as amended by the Brady Handgun Violence Prevention Act (the "Brady Act"
) (Pub. L. 103-159, Nov. 30, 1993); (2) 28 U.S.C. 534, as amended (Pub. L. 103-322,
Title IV, 4060(a), Sep. 13, 1994, 105 Stat. 1950).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The purpose of the NICS, which was established pursuant to the Brady Act, is to provide a
means of checking available information to determine whether a person is disqualified from
possessing a firearm under Federal or State law.
</p><p>Prior to the transfer of a firearm, a prospective transferee, not licensed under 18 U.S.C. 923,
must obtain a firearms transaction form from an FFL and provide the information required by the ATF.
The firearms transaction form is returned to the FFL, who is required by the Brady Act to contact
the NICS and furnish the name and certain other identifying data provided by the transferee. NICS
conducts a search which compares the information about the transferee with information in or
available to NICS.
</p><p>State and local law enforcement agencies may serve as Points of Contact (POCs) for the NICS.
Where there is no POC, the FBI’s NICS Operations Center serves in its place. The POC (or the NICS
Operations Center) receives inquiries from FFLs, initiates NICS background searches, may check
available state and local record systems, determines whether matching records provide information
demonstrating that an individual is disqualified from possessing a firearm under Federal or State
law, and responds back to the FFLs.
</p><p>In addition to a review of the NICS Index, a NICS search includes a review of the pre-existing,
separately-managed FBI criminal history databases of the National Crime Information Center (NCIC)
(JUSTICE/FBI-001), including the Interstate Identification Index (III), to the extent such
searches are possible with the available information. NCIC and III are cooperative Federal-State
programs for the exchange of criminal history record and other information among criminal justice
agencies to locate wanted and missing persons and for other identification purposes. The search
conducted of the NCIC and III, in conjunction with the search of the NICS Index, attempts to locate
only information indicating that an individual firearm transferee is identical to an individual in
one or more of categories A through J listed above under the heading CATEGORIES OF INDIVIDUALS IN
THE SYSTEM, with the search of NCIC and III specifically directed towards locating information that
an individual is within categories A, B, C, D, H, and I.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The FBI may disclose relevant system records to the following persons or entities under the
circumstances or for the purposes described below, to the extent such disclosures are compatible
with the purpose for which the information was collected.  (Routine uses are not meant to be
mutually exclusive and may overlap in some cases.)
</p><p>A. Limited information may be provided by a POC or the NICS Operations Center to an FFL who has
contacted the NICS concerning a prospective firearm transferee. If a matching record found by the
NICS provides information demonstrating that the prospective transferee is disqualified from
possessing a firearm under Federal or State law, the FFL will be notified only that the application
is "denied,"  with none of the underlying information provided. If additional record analysis is
required by the NICS representative (e.g to confirm that a record relates to the potential
transferee or to pursue supplemental information to clarify whether the potential transferee is
disqualified from receiving a firearm), the response may read "delayed"  and may include an
estimated time for completing the analysis. If no disqualifying record is located by the NICS, the
FFL will be told that it may "proceed."  A unique identification number will be provided to the FFL
for all responses received from the NICS, which number shall be recorded on the firearms transaction
form.
</p><p>B. Information in the NICS may be provided through the NCIC lines to Federal criminal justice
agencies, criminal justice agencies in the fifty States, the District of Columbia, Puerto Rico, U.S.
Possessions, and U.S. Territories, including POCs and contributors of information in the NICS Index,
to enable them to determine whether the transfer of a firearm to any person not licensed under 18
U.S.C. 923 would be in violation of Federal or State law; whether the issuance of a license or
permit for the possession or sale of a firearm or firearms, or to carry a concealed firearm, or to
import, manufacture, deal in, or purchase explosives would be in violation of Federal or State law
or regulation; whether appeals from denials should be granted or denied; and whether to add to,
delete from, revise, or update information previously provided by the contributor. This includes
responding to inquiries by the ATF in connection with enforcement of the Gun Control Act (18 U.S.C.
Chapter 44), or the National Firearms Act (26 U.S.C. Chapter 53).
</p><p>C. If, during the course of any activity or operation of the system authorized by the regulations
governing the system (28 CFR, part 25, subpart A), any record is found by the system which
indicates, either on its face or in conjunction with other information, a violation or potential
violation of law (whether criminal or civil) and/or regulation, the pertinent record may be
disclosed to the appropriate agency/organization/task force (whether Federal, State, local, joint,
or tribal) and/or to the appropriate foreign or international agency/organization charged with the
responsibility of investigating, prosecuting, and/or enforcing such law or regulation, e.g.,
disclosure of information from the system to the ATF, United States Department of Treasury,
regarding violations or potential violations of 18 U.S.C. 922(a)(6).  (This routine use does not
apply to the NICS Index.)
</p><p>D. System records may be disclosed to contractors, grantees, experts, consultants, volunteers,
detailees, and other non-FBI employees performing or working on a contract, service, grant,
cooperative agreement, or job for the Federal Government when necessary to accomplish an agency
function related to this system of records and under requirements (including Privacy Act
requirements) specified by the FBI.
</p><p>E. System records may be disclosed to the news media or members of the general public or to a
victim or potential victim in furtherance of a legitimate law enforcement or public safety function,
e.g., to assist in locating fugitives; to provide notification of arrests; to provide alerts,
assessments, or similar information on potential threats to life, health, or property; or to keep
the public appropriately informed of other law enforcement or FBI matters of legitimate public
interest. (The availability of information in pending criminal cases will be governed by the
provisions of 28 CFR 50.2.) (This routine use does not apply to the NICS Index.)
</p><p>F. Where the disclosure of system records has been determined by the FBI to be reasonable and
necessary to resolve a matter in litigation or in anticipation thereof, such records may be
disclosed to a court or adjudicative body, before which the FBI is authorized to appear, when: (a)
The FBI or any FBI employee in his or her official capacity; (b) any FBI employee in his or her
individual capacity where the Department of Justice has agreed to represent the employee; or (c) the
United States, where the FBI determines it is likely to be affected by the litigation, is or could
be a party to the litigation, or has an official interest in the litigation.
</p><p>G. System records may be made available to a Member of Congress or staff acting on the Member’s
behalf when the Member or staff requests the information on behalf and at the written request of the
individual who is the subject of the record.
</p><p>H. System records may be disclosed to the National Archives and Records Administration for
records management inspections and such other purposes conducted under the authority of 44 U.S.C.
2904 and 2906.
</p><p>I.  Information pertaining to individuals who have been denieda firearm by the NICS may be
disclosed, either electronically or otherwise, to a federal, state, local, joint, tribal, foreign,
international, or other p[ublic agency/organization where such disclosure may promote, assist, or
otherwise serve law enforcement interests.  By way of example and not limitation, such disclosures
may, for instance, include posting all NICS denials on a centralized database that would be
electronically accessible tolaw enforcement agencies.
</p><p>J. Information in the NICS Audit Log (including records of approved and denied transfers) may be
disclosed to the Bureau of Alcohol, Tobacco, and Firearms (ATF) in connection with ATF’s inspections
of Federal Firearms Licensee records.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are stored electronically for use in a computer environment in areas safe from
access by unauthorized persons or exposure to environmental hazards. In general, the security policy
for the NCIC (JUSTICE/FBI-001) is followed.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by name, sex, race, date of birth, state of residence, other personal
descriptive data, the NICS Transaction Number, FFL number, and, in some instances, unique numeric
identifier, e.g., a Social Security number or a military identification number. (A Social Security
number is not required by the NICS.)
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Records searched by the NICS are located in secure government buildings with limited
physical access. Access to the results of a NICS record search is further restricted to authorized
employees of Federal, State, and local law enforcement agencies who make inquiries by use of
identification numbers and code words.
</p><p>When a Federal, State, or local agency places information in the NICS Index, it uses its agency
identifier and a unique agency record identifier for each record provided to the NICS. Federal,
State, or local agencies can modify or cancel only the data that they have provided to NICS Index.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Information provided by other Federal agencies or State or local governments will be
maintained in the NICS Index unless updated or deleted by the agency/government which contributed
the data.
</p><p>The FBI will maintain an audit Log of all NICS transactions. Firearms transaction approvals will
be maintained for 90 days (except that such information may be retained for a longer period if
necessary to pursue identified cases of misuse of the system). The NICS Transaction Number (the
unique number assigned to the NICS transaction) and the date on which it was assigned will be
maintained indefinitely. Information related to firearms transfer denials will be retained for 10
years and then disposed of as directed by the National Archives and Record Administration.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Federal Bureau of Investigation, J. Edgar Hoover FBI Building, 935 Pennsylvania
Avenue, NW, Washington, DC 20535-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>This system of records has been exempted from the notification procedures of subsections (d)
and (e)(4)(G), to the extent permitted by subsections (j)(2), (k)(2), and (k)(3) of the Privacy Act.
Requests for notification should be addressed to the Systems Manager. Requirements for a request are
the same as set forth below under the heading "RECORD ACCESS PROCEDURES."
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>This system of records has been exempted from the access procedures of subsections (d) and
(e)(4)(H) to the extent permitted by subsections (j)(2), (k)(2), and (k)(3) of the Privacy Act. A
request for access to a non-exempt record from the system should be addressed to the System Manager,
shall be made in writing, and should have the envelope and the letter marked "Privacy Act Request."
The request must include the full name, complete address, date of birth, and place of birth of the
requester. The requester must sign the request; and, to verify it, the signature must be notarized
or submitted under 28 U.S.C. 1746, a law that permits statements to be made under penalty of perjury
as a substitute for notarization.
</p><p>Alternative procedures are available to a person who has been denied the transfer of, or permit
for, a firearm or explosives because of information in the NICS. The procedures provide for an
appeal of a denial and a method to seek the correction of erroneous data searched by or maintained
in the system. The alternative procedures can be found at 28 CFR, part 25, subpart A.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>This system of records has been exempted from the contest and amendment procedures of
subsections (d) and (e)(4)(H) to the extent permitted by subsections (j)(2),(k)(2), and (k)(3) of
the Privacy Act. Requests should be addressed to the System Manager and should clearly and concisely
describe the precise information being contested, the reasons for contesting it, and the proposed
amendment or correction proposed to the information. In addition, as described above under "RECORD
ACCESS PROCEDURES,"  an alternative procedure is available to a person who has been denied the
transfer of, or permit for, a firearm or explosives because of information in the NICS, by which the
individual may seek the correction of erroneous data in the system. The procedures are further
described at 28 CFR, part 25, subpart A.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information contained in the NICS is obtained from local, State, Federal, and international
records.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>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); and (g) of the Privacy Act, pursuant to 5 U.S.C.
552a(j)(2). In addition, the Attorney General has exempted his system from subsections (c)(3), (d),
(e)(1), and (e)(4)(G) and (H) of the Privacy Act, pursuant to 5 U.S.C. 552a (k)(2) and (k)(3). 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 <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FBI-019</systemNumber>
<subsection type="systemName">Terrorist Screening Records System (TSRS).
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Classified and unclassified.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records described in this notice are maintained at the Terrorist Screening Center, Federal
Bureau of Investigation, Washington, DC, and at facilities operated by other government entities for
terrorism and national security threat screening, system back-up, and continuity of operations
purposes.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>a. Individuals known or appropriately suspected to be or have been engaged in conduct
constituting, in preparation for, in aid of, or related to terrorism ("known or suspected
terrorists");
</p><p>b. Individuals, who are lawful permanent resident aliens but who are excludable from the United
States based on their familial relationship, association, or connection with a known or suspected
terrorist and who do not meet any of the applicable exceptions as described in Section 212(a)(3)(B)
of the Immigration and Nationality Act of 1952 (hereinafter INA exceptions);
</p><p>c. Individuals who were officially detained during military operations, but as not Enemy
Prisoners of War, and who have been identified to pose an actual or possible threat to national
security (hereinafter military detainees);
</p><p>d. Individuals who are the subject of queries against TSC information systems;
</p><p>e. Individuals identified during a terrorism screening process as a possible identity match to a
known or suspected terrorist and other individuals who accompany or travel with such individuals;
</p><p>f. Individuals who are misidentified as a possible identity match to a known or suspected
terrorist ("misidentified persons");
</p><p>g. Individuals about whom a terrorist watchlist-related redress inquiry has been made; and
</p><p>h. Individuals whose information is collected and maintained for information system user auditing
and security purposes, such as individuals who are authorized users of TSC information systems.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>a. Identifying biographical information, such as name, date of birth, place of birth,
passport and/or drivers license information, biometric information, such as photographs and
fingerprints, and other available identifying particulars used to compare the identity of an
individual being screened, with a known or suspected terrorist, an INA exception, or a military
detainee, including audit records containing this information;
</p><p>b. Information about encounters with individuals covered by this system, such as date, location,
screening entity, analysis, associated individuals, and results (positive or negative identity
match), and, for encounters with a known or suspected terrorist, INA exceptions, and military
detainees only, other entities notified and details of any law enforcement, intelligence, or other
operational response;
</p><p>c. For a known or suspected terrorist, military detainee, or an INA exception, in addition to the
categories of records listed above, references to and/or information from other government law
enforcement and intelligence databases, or other relevant databases that may contain terrorism
information;
</p><p>d. For an individual considered to pose an actual or possible threat to national security, in
addition to the categories of records listed above, references to and/or information from other
government law enforcement and intelligence databases, or other relevant databases that may contain
information related to possible threats to national security;
</p><p>e. For misidentified persons, in addition to the categories of records listed above, other
identifying information that will be used during screening only for the purpose of distinguishing
them from a known or suspected terrorist, an INA exception, or a military detainee, any of whom may
have similar identifying characteristics (such as name and date of birth);
</p><p>f. For redress matters, in addition to the categories of records listed above, information
provided by individuals or their representatives, information provided by the screening agency, and
internal work papers and other documents related to researching and resolving the matter;
</p><p>g. Information collected and compiled to maintain an audit trail of the activity of authorized
users of TSC information systems, such as user name/ID, date/time, search query and results data,
user activity information (<i>e.g.,</i> record retrieval, modification, or deletion data), and
record numbers; and,
</p><p>h. Archived records and record histories from the Terrorist Screening Database, Encounter
Management Application, and other TSC data systems that are part of the TSRS.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Homeland Security Presidential Directive-6, "Integration and Use of Screening
Information to Protect Against Terrorism" (Sept. 16, 2003); Homeland Security Presidential
Directive-11, "Comprehensive Terrorist-Related Screening Procedures" (Aug. 27, 2004);
National Security Presidential Directive-59/Homeland Security Presidential Directive-24, "
Biometrics for Identification and Screening to Enhance National Security" (June 5, 2008),
(HSPD-24 gives the Attorney General authority to recommend categories of individuals in addition to
known or suspected terrorists who may pose a threat to national security.); Executive Order 13388,
"Further Strengthening the Sharing of Terrorism Information to Protect Americans,"
(October 25, 2005); the Intelligence Reform and Terrorism Prevention Act of 2004, Pub. L. 108-
458; the National Security Act of 1947, as amended; 28 U.S.C. 533; and Section 212(a)(3)(B) of the
Immigration and Nationality Act of 1952. In the event that the TSC’s continuity-of-operations plans
are invoked, the agency that assumes TSC operational functions will have the authority to administer
the Terrorist Screening Records System as necessary to carry out those functions.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>a. To implement the U.S. Government’s National Strategy for Homeland Security and Homeland
Security Presidential Directive-6, to identify potential terrorist threats, to uphold and enforce
the law, and to ensure public safety.
</p><p>b. To consolidate the government’s approach to terrorism and national security screening and
provide for the appropriate and lawful use of terrorist information and other lawfully acquired
information in screening processes.
</p><p>c. To implement the U.S. Government’s Action Plan for National Security Presidential
Directive-59/Homeland Security Presidential Directive-24, "Biometrics for Identification and
Screening to Enhance National Security," to identify individuals considered to pose an actual
or possible threat to national security.
</p><p>d. To maintain current, accurate and thorough terrorist information and other lawfully acquired
information in a consolidated terrorist screening database and determine which screening processes
will use each entry in the database.
</p><p>e. To ensure that appropriate information possessed by state, local, territorial, and tribal
governments, which is lawfully available to the Federal Government, is considered in determinations
made by the TSC as to whether a person is a match to a known or suspected terrorist, or a match to
an individual considered to pose an actual or possible threat to national security.
</p><p>f. To host mechanisms and make terrorism information, and information related to individuals
considered to pose an actual or possible threat to national security, available to support
appropriate domestic and foreign terrorism and national security screening processes, and private-
sector screening processes that have a substantial bearing on homeland security.
</p><p>g. To provide operational support to assist in the identification of persons screened and to
facilitate an appropriate and lawful response when a known or suspected terrorist, or individual
considered to pose an actual or possible threat to national security, is identified in an authorized
screening process.
</p><p>h. To provide appropriate government officials, agencies, or organizations with
</p><p>information about encounters with known or suspected terrorists or military detainees, INA
exceptions or other individuals considered to pose an actual or possible threat to national
security.
</p><p>i. To assist persons misidentified during a terrorism screening process, or possible national
security threat screening process, and to assist screening agencies or entities in responding to
individual complaints about the screening process (redress).
</p><p>j. To oversee the proper use, maintenance, and security of TSC data systems and TSC personnel.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy
Act, the records or information in this system may be disclosed as a routine use, under 5 U.S.C.
552a(b)(3), in accordance with blanket routine uses established for FBI record systems. See Blanket
Routine Uses (BRU) Applicable to More Than One FBI Privacy Act System of Records, Justice/FBI-
BRU, published at 66 FR 33558 (June 22, 2001) and amended at 70 FR 7513 (February 14, 2005). In
addition, as routine uses specific to this system, the TSC may disclose relevant system records to
the following persons or entities and under the circumstances or for the purposes described below,
to the extent such disclosures are compatible with the purpose for which the information was
collected.
</p><p>A. To those federal agencies that have agreed to provide support to TSC for purposes of ensuring
the continuity of TSC operations.
</p><p>B. To federal, state, local, tribal, territorial, foreign, multinational or other public agencies
or entities, to entities regulated by any such agency or entity, and to owners/operators of critical
infrastructure or private sector entities with a substantial bearing on national or homeland
security and their agents, contractors or representatives, for the following purposes: (1) For use
in and in support of terrorism screening, or possible national security threat screening, authorized
by the U.S. Government, (2) to provide appropriate notifications of the results of terrorism
screening, or possible national security threat screening, using information from the Terrorist
Screening Database or a threat related to a positive encounter with an individual identified in the
Terrorist Screening Database, (3) to facilitate any appropriate law enforcement or other response (
<i>e.g.,</i> medical and containment response to a biological hazard) to a known or suspected
terrorist, an individual considered to pose an actual or possible threat to national security, or a
threat related to an encounter with such an individual, and (4) to assist persons misidentified
during a screening process.
</p><p>C. To any person, organization, or governmental entity in order to notify them of a terrorist
threat, or possible national security threat, for the purpose of guarding against or responding to
such a threat.
</p><p>D. To federal, state, local, tribal, territorial, foreign, or multinational agencies or entities,
or other organizations that are engaged in, or are planning to engage in terrorism screening, or
possible national security threat screening, authorized by the U.S. Government, for the purpose of
the development, testing, or modification of information technology systems used or intended to be
used during or in support of the screening process; whenever practicable, however, TSC, to the
extent possible, will substitute anonymized or de-identified data, such that the identity of the
individual cannot be derived from the data.
</p><p>E. To federal, state, local, tribal, territorial, foreign, multinational agencies or entities, or
private sector entities to assist in coordination of terrorist threat, or possible national security
threat, awareness, assessment, analysis or response.
</p><p>F. To any person or entity in either the public or private sector, domestic or foreign, where
reasonably necessary to elicit information or cooperation from the recipient for use by the TSC in
the performance of an authorized function, such as obtaining information from data sources as to the
thoroughness, accuracy, currency, or reliability of the data provided so that the TSC may review the
quality and integrity of its records for quality assurance or redress purposes, and may also assist
persons misidentified during a screening process.
</p><p>G. To any federal, state, local, tribal, territorial, foreign or multinational agency, task
force, or other entity or person that receives information from the U.S. Government for terrorism
screening purposes, or possible national security threat screening purposes, in order to facilitate
TSC’s or the recipient’s review, maintenance, and correction of TSC data for quality assurance or
redress purposes, and to assist persons misidentified during a screening process.
</p><p>H. To any agency, organization or person for the purposes of (1) performing authorized security,
audit, or oversight operations of the DOJ, FBI, TSC, or any agency, organization, or person engaged
in or providing information used for terrorism screening, or possible national security threat
screening, that is supported by the TSC, and (2) meeting related reporting requirements.
</p><p>I. To a former employee of the TSC for purposes of: Responding to an official inquiry by a
federal, state, or local government entity or professional licensing authority, in accordance with
any applicable Department regulations; or facilitating communications with a former employee that
may be necessary for personnel-related or other official purposes where the TSC requires information
and/or consultation assistance from the former employee regarding a matter within that person’s
former area of responsibility.
</p><p>J. To any criminal, civil, or regulatory law enforcement authority (whether federal, state,
local, territorial, tribal, multinational or foreign) where the information is relevant to the
recipient entity’s law enforcement responsibilities.
</p><p>K. To a governmental entity lawfully engaged in collecting law enforcement, law enforcement
intelligence, national security information, homeland security information, national intelligence,
possible national security threat information, or terrorism information for law enforcement,
intelligence, national security, homeland security, or counterterrorism purposes.
</p><p>To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.
</p><p>M. To the United States Department of State and the United States Department of Homeland Security
for the purpose of carrying out their responsibilities under Section 212(a)(3)(B) of the Immigration
and Nationality Act of 1952.
<p>N. To another Federal agency or Federal entity, when the Department 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.</p>        
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records in this system are stored in paper and/or electronic format. Electronic storage is
on servers, CD-ROMs, DVD-ROMs, and magnetic tapes.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records in this system are typically retrieved by individual name, date of birth, passport
number, and other identifying data, including unique identifying numbers assigned by the TSC or
other government agencies.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>All records are maintained in a secure government facility with access limited to only
authorized personnel or authorized and escorted visitors. Physical security protections include
guards and locked facilities requiring badges and passwords for access. Records are accessed only by
authorized government personnel and contractors and are protected by appropriate physical and
technological safeguards to prevent unauthorized access. All Federal employees and contractors
assigned to the TSC must hold an appropriate security clearance, sign a non-disclosure agreement,
and undergo privacy and security training.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records in this system will be retained and disposed of in accordance with the records
schedule approved by the National Archives and Records Administration. In general, for records
maintained in the Terrorist Screening Database, active records are maintained for 99 years and
inactive (archived) records are maintained for 50 years. Records of possible encounters with
individuals on the Terrorist Screening Database are maintained for 99 years. Records of redress
inquiries and quality assurance matters are maintained for at least six years. Audit logs are
maintained for 25 years and records of user audits are maintained for ten years.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Terrorist Screening Center, Federal Bureau of Investigation, FBI Headquarters, 935
Pennsylvania Avenue NW., Washington, DC 20535-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Because this system contains classified intelligence and law enforcement information related
to the government’s counterterrorism, law enforcement, and intelligence programs, records in this
system have been exempted from notification, access, and amendment to the extent permitted by
subsections (j) and (k) of the Privacy Act. Requests for notification should be addressed to the FBI
at the address and according to the requirements set forth below under the heading "Record
Access Procedures."
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Because this system contains classified intelligence and law enforcement information related
to the government’s counterterrorism, law enforcement and intelligence programs, records in this
system have been exempted from notification, access, and amendment to the extent permitted by
subsections (j) and (k) of the Privacy Act. A request for access to a non-exempt record shall be
made in writing with the envelope and the letter clearly marked "Privacy Act Request."
Include in the request your full name and complete address. The requester must sign the request;
and, to verify it, the signature must be notarized or submitted under 28 U.S.C. 1746, a law that
permits statements to be made under penalty of perjury as a substitute for notarization. You may
submit any other identifying data you wish to furnish to assist in making a proper search of the
system. Requests for access to information must be addressed to the Record Information Dissemination
Section, Federal Bureau of Investigation, 170 Marcel Drive, Winchester, Virginia 22602 or faxed to
(540) 868-4992.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Because this system contains classified intelligence and law enforcement information related
to the government’s counterterrorism, law enforcement and intelligence programs, records in this
system are exempt from notification, access, and amendment to the extent permitted by subsections
(j) and (k) of the Privacy Act (5 U.S.C. 552a). Requests for amendment should be addressed to the
FBI at the address and according to the requirements set forth above under the heading "Record
Access Procedures." If, however, individuals are experiencing repeated delays or difficulties
during a government screening process and believe that this might be related to terrorist watch list
information, they may contact the Federal agency that is conducting the screening process in
question ("screening agency"). The screening agency is in the best position to determine
if a particular problem relates to a terrorist watch list entry or is due to some other cause, such
as a criminal history, an immigration violation or random screening. Some individuals also
experience repeated delays during screening because their names and/or other identifying data, such
as dates of birth, are similar to those of known or suspected terrorists. These individuals,
referred to as "misidentified persons," often believe that they themselves are on a
terrorist watch list, when in fact they only bear a similarity in name or other identifier to an
individual on the list. Most screening agencies have or are developing procedures to expedite the
clearance of misidentified persons during screening. By contacting the screening agency with a
complaint, individuals will be able to take advantage of the procedures available to help
misidentified persons and others experiencing screening problems. Check the agency’s requirements
for submitting complaints but, at a minimum, individuals should describe in as much detail as
possible the problem they are having, including dates and locations of screening, and provide
sufficient information to identify themselves, such as full name, citizenship status, and date and
place of birth. The TSC assists the screening agency in resolving any screening complaints that may
relate to terrorist watch list information, but does not receive or respond to individual complaints
directly. However, if TSC receives any such complaints, TSC will forward them to the appropriate
screening agency. Additional information about the redress process and how to file a complaint with
a screening agency is available on TSC’s Web site at <i>
http://www.fbi.gov/about-us/nsb/tsc/tsc_redress.</i>
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system is obtained from individuals covered by the system, public
sources, agencies and private sector entities conducting terrorism screening, law enforcement and
intelligence agency record systems, government databases, and foreign governments.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3) and (4), (d)(1), (2),
(3) and (4), (e)(1), (2), (3), (5) and (8), and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j)
and (k).
</p><p>These exemptions apply only to the extent that information in the system is subject to exemption
pursuant to 5 U.S.C. 552a(j) and (k). Rules have been promulgated in accordance with the
requirements of 5 U.S.C. 553(b), (c) and (e) and are located at 28 CFR 16.96.
</p></xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p>76 FR 77846 (December 14, 2011): Last published in full.</p>
</xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FBI-020</systemNumber>
<subsection type="systemName">Law Enforcement National Data Exchange System (NDEX).
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Sensitive But Unclassified.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records will be located at the Federal Bureau of Investigation (FBI), Criminal Justice
Information Services (CJIS) Division, 1000 Custer Hollow Road, Clarksburg, WV 26306, and at
appropriate locations for system back-up and continuity of operations purposes.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The N-DEx will cover any individual who is identified in a law enforcement report
concerning a crime incident or criminal investigation. These individuals include, but are not
limited to: Subjects; suspects; associates; victims; persons of interest; witnesses; and/or any
individual named in an arrest, booking, parole and/or probation report.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The N-DEx will contain information collected by criminal justice agencies that is
needed for the performance of their legally authorized, required function. The records in the system
consist of incident, offense and case reports as well as arrest, booking, incarceration, and parole
and/or probation information from Federal, State, local and tribal law enforcement entities.
Identifying information in this system will include, but not be limited to: Name(s); sex; race;
citizenship; date and place of birth; address(es); telephone number(s); social security number(s) or
other unique identifiers; physical description (including height, weight, hair color, eye color,
gender); occupation and vehicle identifiers. Data from the FBI’s CJIS Division, including the
National Crime Information Center (NCIC), the Interstate Identification Index (III), and Integrated
Automated Fingerprint Identification System (IAFIS), will be made available to the system for
queries, but the N-DEx will not contain copies of these databases. The information contributed
by Federal, State, local and tribal law enforcement entities will be formatted using the National
Information Exchange Model (NIEM), a single standard Extensible Markup Language (XML) foundation for
exchanging information between agencies, in order to facilitate information sharing.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The system is established and maintained in accordance with 28 U.S.C. 533, 534; 28 CFR 0.85
and 28 CFR part 20.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The purpose of the N-DEx system is to enhance the interconnectivity of criminal
justice databases in order to improve the sharing of multiple levels of criminal justice data to
further criminal justice objectives for crime analysis, law enforcement administration, and
strategic/tactical operations in investigating, reporting, solving, and preventing crime, and,
thereby, improving homeland security. The N-DEx system will allow Federal, State, local and
tribal law enforcement agencies to compare and/or link criminal incidents and/or investigations
occurring in their own jurisdictions with those in other jurisdictions throughout the country.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy
Act, all or a portion of the records or information contained in this system may be disclosed
outside the FBI as a routine use pursuant to 5 U.S.C. 552a(b)(3), to the extent such disclosures are
compatible with the purpose for which the information was collected, in accordance with any blanket
routine uses established for FBI record systems. For current blanket routine uses, see Blanket
Routine Uses (BRU) Applicable to More Than One FBI Privacy Act System of Records, Justice/FBI-
BRU, published in the <i>Federal Register</i> at 66 FR 33558 (June 22, 2001) and amended at 70 FR
7513 (Feb. 14, 2005). Routine uses are not meant to be mutually exclusive and may overlap in some
cases. In addition, the FBI may disclose relevant system records as follows:
</p><p>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 or homeland security responsibilities.
</p><p>B. To a Federal, State, local, joint, tribal, foreign, international, or other public
agency/organization, or to any person or entity in either the public or private sector, domestic or
foreign, where such disclosure may facilitate the apprehension of fugitives, the location of missing
persons, the location and/or return of stolen property or similar criminal justice objectives.
</p><p>C. To any person or entity in either the public or private sector, domestic or foreign, if deemed
by the FBI to be reasonably necessary to elicit information or cooperation from the recipient for
use in furthering the purposes of the system.
</p><p>D. To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.
</p><p>E. To those agencies, entities and persons the FBI may consider necessary or appropriate incident
to the ensuring the continuity of government functions in the event of any actual or potential
significant disruption of normal operations.</p>
<p>F. To another Federal agency or Federal entity, when the Department 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.</p>        
<p>Disclosure to consumer reporting agencies:
</p><p>Not Applicable.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Most information is maintained in electronic form and stored in computer memory, on disk
storage, on computer tape, or other computer media. However, some information may also be maintained
by the contributing agency in hard copy (paper) or other form.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information will be retrieved by linkages based on identifying data collected on involved
persons, places and things, and other non-specific descriptions of circumstances to identify events
with a common modus operandi. This could include individual names or other personal identifiers.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>System records are maintained in limited access space in FBI controlled facilities and
offices. Computerized data is password protected. All FBI personnel are required to pass an
extensive background investigation. The information is accessed only by authorized DOJ personnel or
by non-DOJ personnel properly authorized to assist in the conduct of an agency function related to
these records. Authorized system users will have adequate physical security and built in controls to
protect against unauthorized personnel gaining access to the equipment and/or the information stored
in it.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>The information within the N-DEx system will be contributed by Federal, State, local,
and tribal law enforcement entities. All entities will be responsible for ensuring the relevance and
currency of the information they contribute to the system and will have control and responsibility
for the disposition of their own records through a process that will be documented by a memorandum
of understanding or based upon Federal law. Those portions of the N-DEx that constitute
Federal records will be subject to retention schedules for those documents that have been approved
by the National Archives and Records Administration (NARA). In addition, N-DEx, itself,
will result in the creation of metadata or an audit log that reflects any correlation between any of
the submitted records, as well as information about user activity. A schedule for disposition of
this metadata will be submitted to NARA for approval.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Federal Bureau of Investigation, 935 Pennsylvania Ave., NW., Washington, DC 20535
-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as Record Access Procedures.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Because this system contains law enforcement records, the records in this system have been
exempted from notification, access, and amendment to the extent permitted by subsection (j) of the
Privacy Act. An individual who is the subject of one or more records in this system may be notified
of records that are not exempt from notification and, accordingly, may access those records that are
not exempt from disclosure. A request for access to a non-exempt record shall be made in writing
with the envelope and the letter clearly marked "Privacy Act Request."  Requests should include full
name and complete address and be signed. To verify the signature it must be notarized or submitted
under 28 U.S.C. 1746, a law that permits statements to be made under penalty of perjury as a
substitute for notarization. Other identifying data that will assist in making a proper search of
the system may also be submitted. Requests for access must be addressed to the Record/Information
Dissemination Section, Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW., Washington, DC
20535-0001.
</p><p>A determination on notification and access, in the sole prerogative of the FBI, will be made at
the time a request is received.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>To contest or amend information maintained in the system, an individual should direct
his/her request to the address provided above, stating clearly and concisely what information is
being contested, the reasons for contesting it, and the proposed amendment to the information
sought.
</p><p>Some information may be exempt from contesting record procedures as described in the section
titled "Exemptions Claimed for the System."  An individual who is the subject of one or more records
in this system may contest and pursue amendment of those records that are not exempt. A
determination whether a record may be subject to amendment will be made at the time a request is
received.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information contained in the N-DEx system is obtained from Federal, State, local, and
tribal criminal justice agencies.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>The Attorney General has exempted this system from subsection (c)(3) and (4); (d)(1), (2),
(3) and (4); (e)(1), (2), (3), (5) and (8); 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 are published in today’s <i>Federal Register</i>.
</p></xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p>72 FR 56793 (October 4, 2007): Last published in full.</p>
</xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FBI-021</systemNumber>
<subsection type="systemName">Data Integration and Visualization System (DIVS).
</subsection>
<subsection type="securityClassification"><xhtmlContent>
<p>Classified, unclassified--law enforcement sensitive, and unclassified.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records may be maintained at any location at which the Federal Bureau of Investigation (FBI)
operates or at which FBI operations are supported, including: J. Edgar Hoover Building, 935
Pennsylvania Ave., NW., Washington, DC 20535-0001; FBI Academy and FBI Laboratory, Quantico,
VA 22135; FBI Criminal Justice Information Services (CJIS) Division, 1000 Custer Hollow Rd.,
Clarksburg, WV 26306; and FBI field offices, legal attaches, information technology centers, and
other components listed on the FBI’s Internet Web site, <i>http://www.fbi.gov</i>. Some or all
system information may also be duplicated at other locations for purposes of system backup,
emergency preparedness, and/or continuity of operations. Additionally, appropriate offices/employees
within the Department of Justice that have an official need to know the information contained in
DIVS in order to perform their duties, may also be granted direct access to DIVS. Further, employees
in other government agencies who are under FBI supervision, in offices where FBI operations are
supported, and who have an official need to know the information contained in DIVS in order to
perform their duties may also be granted direct access to DIVS.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The categories of individuals covered by this system encompass all individuals who relate in
any manner to authorized FBI investigative mission activities, including individuals identified in
any of multiple data sets lawfully collected and/or shared with the FBI. These individuals include,
but are not limited to subjects, suspects, victims, witnesses, complainants, informants, sources,
bystanders, law enforcement personnel, intelligence personnel, other responders, administrative
personnel, consultants, relatives, and associates who are relevant to an investigation.
</p><p>In addition, the categories of individuals covered by this system also include persons who are
authorized to access and use DIVS.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>DIVS contains replications and extractions of information maintained by the FBI in other
databases. This information is replicated or extracted into DIVS in order to provide an enhanced and
integrated view of that information. DIVS also provides analytic tools that can be applied across
the multiple data sets in order to integrate and visually display, and maintain and record the
resultant information. Information concerning individuals may be acquired in connection with and
relating to the varied mission responsibilities of the FBI. Depending on the nature and scope of the
matter, this information may include, among other things: biographical information (such as name,
alias, race, sex, date of birth, place of birth, social security number, driver’s license number,
other identification numbers, addresses, telephone numbers, physical description, photographs);
biometric information (such as fingerprints); associates and affiliations; employment and business
information; financial information; visa and immigration information; travel; criminal and
investigative history; and any other information lawfully acquired by the FBI.
</p><p>DIVS contains records regarding authorized system users, including audit log information and
records relating to verification or authorization of an individual’s access to one or more
databases. This information includes user name, date and time of use, date and time of each searched
query, search terms and filters, results that the user accessed, and a user’s permissions and
authorizations for particular data at that time.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>General authority for FBI mission activities includes: 28 U.S.C., Chapter 33, particularly
sections 533 and 534; the Uniting and Strengthening America by Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), Public Law 107-56, 115
Stat. 272; the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA), Public Law 108
-458, 118 Stat. 3742; the Foreign Intelligence Surveillance Act of 1978 (FISA), Public Law 95
-511, 92 Stat. 1783 (50 U.S.C., Chapter 36); E.O. 13356; E.O. 13388; 28 CFR 0.85; and Attorney
General’s Guidelines for Domestic FBI Operations. Supplemental authorities relating to particular
mission activities are found in numerous other Federal statutes, executive orders, Federal
regulations, and other Executive Branch directives.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The purpose of DIVS is to strengthen and improve the methods by which the FBI searches for
and analyzes information in support of its multifaceted mission responsibilities to protect the
nation against terrorism and espionage and investigate criminal matters. DIVS will provide users
with the ability simultaneously to conduct searches across multiple databases (some of which are
ingested directly into and exist in DIVS and others of which are searched via DIVS’s federated query
capability), extract and integrate information, and present the results in a format that the user
may sort and display in various modes. DIVS also provides analytic tools that can be applied across
the multiple data sets in order to integrate and visually display, maintain, and record the
resultant information.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy
Act, all or a portion of the records or information contained in this system may be disclosed
outside the FBI 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:
</p><p>A. Where a record, either alone or in conjunction with other information, indicates a violation
or potential violation of law--criminal, civil, or regulatory in nature--the relevant
records may be referred to the appropriate federal, state, local, territorial, tribal, or foreign
law enforcement authority or other appropriate entity charged with the responsibility for
investigating or prosecuting such violation or charged with enforcing or implementing such law.
</p><p>B. 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.
</p><p>C. To a governmental entity lawfully engaged in collecting law enforcement, law enforcement
intelligence, or national security intelligence information for such purposes.
</p><p>D. 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.
</p><p>E. To any person or entity if deemed by the FBI to be necessary in order to elicit information or
cooperation from the recipient for use by the FBI in performance of an authorized law enforcement
activity.
</p><p>F. 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.
</p><p>G. To appropriate officials and employees of a federal agency or entity when the information is
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 investigation; the letting of a
contract; or the issuance of a grant or benefit.
</p><p>H. 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.
</p><p>I. In an appropriate proceeding before a court, a 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.
</p><p>J. To an organization or individual in both the public or private sector where there is reason to
believe the recipient is or could become the target of a particular criminal activity or conspiracy
or other threat, to the extent the information is relevant to the protection of life, health, or
property. Information may be similarly disclosed to other recipients who share the same interests as
the target or who may be able to assist in protecting against or responding to the activity or
conspiracy.
</p><p>K. In any health care-related civil or criminal case, investigation, or matter, information
indicating patient harm, neglect, or abuse, or poor or inadequate quality of care, at a health care
facility or by a health care provider, may be disclosed as a routine use to any federal, state,
local, tribal, foreign, joint, international, or private entity that is responsible for regulating,
licensing, registering, or accrediting any health care provider or health care facility, or
enforcing any health care-related laws or regulations. Further, information indicating an ongoing
quality of care problem by a health care provider or at a health care facility may be disclosed to
the appropriate health plan. Additionally, unless otherwise prohibited by applicable law,
information indicating patient harm, neglect, abuse, or poor or inadequate quality of care may be
disclosed to the affected patient or his or her representative or guardian at the discretion of and
in the manner determined by the agency in possession of the information.
</p><p>L. Information relating to health care fraud may be disclosed to private health plans, or
associations of private health plans, and health insurers, or associations of health insurers, for
the following purposes: To promote the coordination of efforts to prevent, detect, investigate, and
prosecute healthcare fraud; to assist efforts by victims of health care fraud to obtain restitution;
to enable private health plans to participate in local, regional, and national health care fraud
task force activities; and to assist tribunals having jurisdiction over claims against private
health plans.
</p><p>M. 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.
</p><p>N. To an actual or potential party to litigation or the party’s authorized representative for the
purpose of negotiation or discussion of such matters as settlement, plea bargaining, or in informal
discovery proceedings.
</p><p>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><p>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.
</p><p>Q. 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.
</p><p>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.
</p><p>S. To such recipients and under such circumstances and procedures as are mandated by federal
statute or treaty.
</p><p>T. 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.
</p><p>U. 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) DOJ
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.
</p><p>V. To the White House (the President, Vice President, their staffs, and other entities of the
Executive Office of the President (EOP)), and, during Presidential transitions, the President-Elect
and Vice-President Elect and their designees for appointment, employment, security, and access
purposes compatible with the purposes for which the records were collected by the FBI, e.g.,
disclosure of information to assist the White House in making a determination whether an individual
should be: (1) Granted, denied, or permitted to continue in employment on the White House Staff; (2)
given a Presidential appointment or Presidential recognition; (3) provided access, or continued
access, to classified or sensitive information; or (4) permitted access, or continued access, to
personnel or facilities of the White House/EOP complex. System records may be disclosed also to the
White House and, during Presidential transitions, to the President-Elect and Vice-President Elect
and their designees, for Executive Branch coordination of activities which 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.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records in this system are stored on paper and/or in electronic form. Records are stored
securely in accordance with applicable executive orders, statutes, and agency implementing
recommendations.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by an individual’s name or other identifying information.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information in this system is safeguarded in accordance with appropriate laws, rules, and
policies, including the FBI’s automated systems security and access policies, and access to such
information is limited to Department personnel, contractors, and other personnel who have an
official need for access in order to perform their duties. Records are maintained in a restricted
area and directly accessed only by authorized personnel. Electronic records are accessed only by
authorized personnel with accounts on the FBI’s computer network. Additionally, direct access to
certain information may be restricted depending on a user’s role and responsibility within the
system. Paper records are safeguarded in accordance with appropriate laws, rules, and policies based
on the classification and handling restrictions of the particular document.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are retained during their useful life in accordance with the records retention
schedules approved by the National Archives and Records Administration.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Federal Bureau of Investigation, 935 Pennsylvania Ave NW., Washington, DC 20535.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as Record Access Procedures.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>The Attorney General has exempted this system of records from the notification, access, and
contest procedures 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). Where
compliance would not appear to interfere with or adversely affect the purposes of the system, or the
overall law enforcement/intelligence process, the applicable exemption (in whole or in part) may be
waived by the FBI in its sole discretion.
</p><p>All requests for access should follow the guidance provided on the FBI’s Web site at <i>
http://foia.fbi.gov/requesting_records.html.</i> Individuals may mail, fax, or email a request,
clearly marked "Privacy Act Request," to the Federal Bureau of Investigation, <i>Attn:
</i> FOI/PA Request, Record/Information Dissemination Section, 170 Marcel Drive, Winchester, VA
22602-4843; <i>Fax:</i> 540-868-4995/6/7; <i>E-mail:</i> (scanned copy) <i>
foiparequest@ic.fbi.gov.</i> The request should include a general description of the records sought
and must include either a completed Department of Justice Certification of Identity Form, DOJ-
361, which can be located at the above link, or a letter that has been notarized which includes: the
requester’s full name, current and complete address, and place and date of birth. In the initial
request the requester may also include any other identifying data that the requester may wish to
furnish to assist the FBI in making a reasonable search. The request should include a return address
for use by the FBI in responding; requesters are also encouraged to include a telephone number to
facilitate FBI contacts related to processing the request. A determination of whether a record may
be accessed will be made after a request is received.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as Record Access Procedures. Individuals desiring to contest or amend information
maintained in the system should also state clearly and concisely what information is being
contested, the reasons for contesting it, and the proposed amendment to the information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system are derived from FBI case files and other
law enforcement and intelligence records as well as data sets lawfully obtained from other agencies
and entities.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>The Attorney General has exempted this system of records from subsection (c)(3) and (4); (d)
(1), (2), (3) and (4); (e)(1), (2), and (3); (e)(4)(G), (H) and (I); (e)(5) and (8); (f) and (g) of
the Privacy Act. These exemptions apply only to the extent that information in the system 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 <i>Federal
Register</i>.
</p></xhtmlContent></subsection></section>
    
    
<section id="doj" toc="yes">
<systemNumber>/FBI-022</systemNumber>
<subsection type="systemName">FBI Data Warehouse System.
</subsection>
<subsection type="securityClassification"><xhtmlContent>
<p>Classified and/or unclassified information. </p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records may be maintained at all locations at which the Federal Bureau of Investigation
(FBI) operates or at which FBI operations are supported, including: J. Edgar Hoover Bldg., 935
Pennsylvania Avenue NW., Washington, DC 20535-0001; FBI Academy and FBI Laboratory, Quantico,
VA 22135; FBI Criminal Justice Information Services (CJIS) Division, 1000 Custer Hollow Rd.,
Clarksburg, WV 26306; FBI Records Management Division, 170 Marcel Drive, Winchester, VA 22602-
4843; and FBI field offices, legal attaches, information technology centers, and other components as
listed on the FBI’s Internet Web site, <i>http://www.fbi.gov.</i> Some or all system information may
also be duplicated at other locations where the FBI has granted direct access for support of FBI
missions, for purposes of system backup, emergency preparedness, and/or continuity of operations.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The following categories of individuals are covered by this system: Individuals who are
identified in data maintained in FBI files or obtained by the FBI by authority of law and agreement
from other federal, state, local, tribal or foreign government agencies in furtherance of authorized
information sharing purposes to carry out the FBI’s mission to protect and defend the United States
against terrorist and foreign intelligence threats and to enforce U.S. criminal laws. These
individuals consist of the following: subjects, suspects, victims, witnesses, complainants,
informants, sources, bystanders, law enforcement personnel, intelligence personnel, other
responders, administrative personnel, consultants, relatives, and associates who may be relevant to
the investigation or intelligence operation; individuals who are identified in open source
information or commercial databases, or who are associated, related, or have a nexus to the FBI’s
missions; individuals whose information is collected and maintained for information system user
auditing and security purposes.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records may contain investigative and/or intelligence information that has been replicated
and/or extracted from other FBI systems; obtained from open source or commercial databases; and
lawfully collected by the FBI or other government agencies such as the Departments of Defense,
Energy, Homeland Security, State, and Treasury. These records include, but are not limited to,
biographical information (such as name, alias, race, sex, date of birth, place of birth, social
security number, passport number, driver’s license, or other unique identifier, addresses, telephone
numbers, physical descriptions, and photographs); biometric information (such as fingerprints);
financial information (such as bank account number); location; associates and affiliations;
employment and business information; visa and immigration information; travel; and criminal and
investigative history, and other data that may assist the FBI in fulfilling its national security
and law enforcement responsibilities. Records may also contain information collected and compiled to
maintain an audit trail of the activity of authorized users of the system, such as user name and ID.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>28 U.S.C. Chapter 33; 18 U.S.C. 2332(b); 28 CFR 0.85; the Uniting and Strengthening America
by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT
Act); the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA); the Implementing
Recommendations of the 9/11 Commission Act of 2007; 42 U.S.C. 3771; the National Security Act of
1947, as amended; Section 603 of the Intelligence Authorization Act of 1990, the Attorney General’s
Guidelines for Domestic FBI Operations and numerous other statutes, executive orders, and
presidential directives.  </p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The purpose of the system is to facilitate the FBI’s national security and law enforcement
missions by establishing centralized data warehouses for the compilation, fusion, storage, and
comprehensive analysis of pertinent information that will allow the FBI to develop investigative
leads, operational intelligence products and strategic intelligence assessments on new or evolving
national security and criminal threats.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>In addition to those disclosures generally permitted under 5 U.S.C. 552a(b), records or
information in this system may be disclosed as a routine use under 5 U.S.C. 552a(b)(3) as noted
below.
</p><p>(a.) To any criminal, civil, or regulatory law enforcement authority (whether federal, state,
local, territorial, tribal, foreign, or international) where the FBI determines the information is
relevant to the recipient entity’s law enforcement responsibilities.
</p><p>(b.) Where a record, either alone or in conjunction with other information, indicates a violation
or potential violation of law--civil, criminal, or regulatory in nature--the relevant
records may be referred to the appropriate federal, state, local, territorial, tribal, or foreign
law enforcement authority or other appropriate entity, that is charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing or implementing such law.
</p><p>(c.) To a governmental entity lawfully engaged in collecting law enforcement, law enforcement
intelligence, or national security intelligence information for such purposes when determined to be
relevant by the FBI/DOJ.
</p><p>(d.) To any person, organization, or governmental entity in order to notify them of a potential
terrorist threat for the purpose of guarding against or responding to such threat.
</p><p>(e.) To an agency of a foreign government or international agency or entity where the FBI
determines that the information is relevant to the recipient’s responsibilities, dissemination
serves the best interests of the U.S. Government, and where the purpose in making the disclosure is
compatible with the purpose for which the information was collected.
</p><p>(f.) To any non-governmental entity, including commercial entities, or nonprofit organizations,
that are joint participants with or provide support to the FBI and disclosure is consistent with
FBI’s law enforcement, national security, or intelligence missions.
</p><p>(g.) To any entity or individual 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. Information may similarly be
disclosed to other recipients who have interests to which the threat may also be relevant, or who
may be able to assist in protecting against or responding to the threat.
</p><p>(h.) To persons or entities where there is a need for assistance in locating missing persons, and
where there are reasonable grounds to conclude from available information that disclosure would
further the best interests of the individual being sought.
</p><p>(i.) To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.
</p><p>(j.) To contractors, grantees, experts, consultants, students, or others performing or working on
a contract, service, grant, cooperative agreement, or other assignment for the Department of
Justice, when necessary to accomplish an agency function related to this system of records.
</p><p>(k.) To the news media or members of the general public in furtherance of a legitimate law
enforcement or public safety function as determined by the Department of Justice and, where
applicable, consistent with 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><p>(l.) 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.
</p><p>(m.) To an actual or potential party to litigation or the party’s authorized representative for
the purpose of negotiation or discussion of such matters as settlement, plea bargaining, or informal
discovery proceedings.
</p><p>(n.) To such recipients and under such circumstances and procedures as are mandated by federal
statute or treaty.
</p><p>(o.) 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 the request of, the individual who is the subject of the
record.
</p><p>(p.) To any agency, organization, or individual for the purposes of performing authorized audit
or oversight operations of the Department and meeting related reporting requirements.
</p><p>(q.) To the National Archives and Records Administration (NARA) for purposes of records
management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>(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.
</p><p>(s.) To the White House (the President, Vice President, their staffs, and other entities of the
Executive Office of the President (EOP)), and, during Presidential transitions, the President-elect
and Vice President-elect and their designees for appointment, employment, security, and access
purposes compatible with the purposes for which the records were collected by the FBI, e.g.,
disclosure of information to assist the White House in making a determination whether an individual
should be: (1) Granted, denied, or permitted to continue in employment on the White House Staff; (2)
given a Presidential appointment or Presidential recognition; (3) provided access, or continued
access, to classified or sensitive information; or (4) permitted access, or continued access, to
personnel or facilities of the White House/EOP complex. System records may also be disclosed to the
White House and, during Presidential transitions, to the President-elect and Vice-President-elect
and their designees, for Executive Branch 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. System records or
information may also be disclosed during a Presidential campaign to a major-party Presidential
candidate, including the candidate’s designees, to the extent the disclosure is reasonably related
to a clearance request submitted by the candidate for the candidate’s transition team members
pursuant to Section 7601 of the Intelligence Reform and Terrorism Prevention Act of 2004, as
amended.
</p><p>(t.) To complainants and/or victims to the extent deemed necessary by the DOJ to provide such
persons with information and explanations concerning the progress and/or results of the
investigations or cases arising from the matters of which they complained and/or of which they were
a victim.
</p><p>(u.) 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 investigation; the
letting of a contract; or the issuance of a grant or benefit.
</p><p>(v.) To federal, state, local, tribal, territorial, foreign, or international licensing agencies
or associations, when the Department determines the information is relevant to the suitability or
eligibility of an individual for a license or permit.
</p><p>(w.) 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 to the recipient agency’s
decision.
</p><p>(x.) To such agencies, entities, and persons as the DOJ deems appropriate and relevant to ensure
the continuity of government functions in the event of any actual or potential disruption of normal
government operations. This use encompasses all manner of such situations in which government
operations may be disrupted, including: Military, terrorist, cyber, or other attacks, natural or
manmade disasters, and other national or local emergencies; inclement weather and other acts of
nature; infrastructure/utility outages; failures, renovations, or maintenance of buildings or
building systems; problems arising from planning, testing or other development efforts; and other
operational interruptions. This also includes all related pre-event planning, preparation,
backup/redundancy, training and exercises, and post-event operations, mitigation, and recovery.
</p><p>(y.) To any person or entity, if deemed by the DOJ to be necessary to elicit information or
cooperation from the recipient for use by the DOJ in the performance of an authorized law
enforcement, national security, or intelligence function.
</p><p>(z.) To another Federal agency or Federal entity, when the Department 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.</p>
    <p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Computerized records are stored electronically on hard disk, removable storage devices or
other digital media. Some information 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.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by name or other identifying information. Some methods of retrieval
will not identify an individual but only a set of circumstances that may lead to the identification
of an individual.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Records are maintained in secure, restricted areas and are accessed only by authorized
personnel. Physical security protections include guarded and locked facilities requiring badges and
passwords for access and other physical and technological safeguards (such as role-based access and
strong passwords) to prevent unauthorized access. All visitors must be accompanied by authorized
staff personnel at all times. Highly classified or sensitive privacy information is electronically
transmitted on secure lines and in encrypted form to prevent interception and interpretation. Users
accessing system components through mobile or portable computers or electronic devices such as
laptop computers, multi-purpose cell phones, and personal digital assistants (PDAs) must comply with
the FBI’s remote access policy, which requires encryption. All FBI employees receive a complete
background investigation prior to being hired. Other persons with authorized access to system
records receive comparable vetting. All personnel are required to undergo privacy and annual
information security training, and are cautioned about divulging confidential information or any
information contained in FBI files. Failure to abide by this provision violates DOJ regulations and
may violate certain civil and criminal statutes providing for penalties of fine or imprisonment or
both. As a condition of employment, FBI personnel also sign nondisclosure agreements which encompass
both classified and unclassified information and remain in force even after FBI employment.
Employees who resign or retire are also cautioned about divulging information acquired in their FBI
jobs.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records in this system are maintained and disposed of in accordance with appropriate
authority of the National Archives and Records Administration.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Federal Bureau of Investigation, 935 Pennsylvania Avenue NW., Washington, DC 20535
-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as "RECORD ACCESS PROCEDURES," below.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>The Attorney General has exempted this system of records from the notification, access, and
contest procedures 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). Where
compliance would not appear to interfere with or adversely affect the purposes of the system, or the
overall law enforcement/intelligence process, the applicable exemption (in whole or in part) may be
waived by the FBI in its sole discretion.
</p><p>All requests for access should follow the guidance provided on the FBI’s Web site at <i>
http://foia.fbi.gov/requesting_records.html.</i> Individuals may mail, fax, or email a request,
clearly marked "Privacy Act Request," to the Federal Bureau of Investigation, Attn:
FOI/PA Request, Record/Information Dissemination Section, 170 Marcel Drive, Winchester, VA 22602
-4843; Fax: 540-868-4995/6/7; Email: (scanned copy) <i>foiparequest@ic.fbi.gov.</i
> The request should include a general description of the records sought and must include either a
completed Department of Justice Certification of Identity Form, DOJ-361, which can be located
at the above link, or a letter that has been notarized which includes: The requester’s full name,
current and complete address, and place and date of birth or be submitted under penalty of perjury
of law pursuant to 28 U.S.C. 1746. In the initial request the requester may also include any other
identifying data that the requester may wish to furnish to assist the FBI in making a reasonable
search. The request should include a return address for use by the FBI in responding; requesters are
also encouraged to include a telephone number to facilitate FBI contacts related to processing the
request. A determination of whether a record may be accessed will be made after a request is
received.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>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. The envelope and letter should be clearly marked "Privacy Act
Amendment Request" and comply with 28 CFR 16.46 (Request for Amendment or Correction of
Records). 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.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information provided by Federal, state, local, tribal, territorial, and foreign law
enforcement agencies; agencies of the U.S. foreign intelligence community and military community;
open sources, such as broadcast and print media, publicly-available and commercial data bases; and
individuals, corporations, and organizations.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>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 are being promulgated in accordance with
the requirements of 5 U.S.C. 553(b), (c) and (e) and are published in today’s <i>Federal Register</i>. In addition, the DOJ will continue in effect and assert all exemptions claimed under 5 U.S.C.
552a(j) or (k) (or other applicable authority) by an originating agency from which the DOJ obtains
records, where one or more reasons underlying an original exemption remain valid. Where compliance
with an exempted provision could not appear to interfere with or adversely affect interests of the
United States or other system stakeholders, the DOJ in its sole discretion may waive an exemption in
whole or in part; exercise of this discretionary waiver prerogative in a particular matter shall not
create any entitlement to or expectation of waiver in that matter or any other matter. As a
condition of discretionary waiver, the DOJ in its sole discretion may impose any restrictions deemed
advisable by the DOJ (including, but not limited to, restrictions on the location, manner, or scope
of notice, access or amendment).
</p></xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p>77 FR 40630 (July 10, 2012): Last published in full.</p>
</xhtmlContent></subsection></section>


    <section id="doj" toc="yes">
        <systemNumber>/FBI-023</systemNumber>
        <subsection type="systemName">
            FBI Insider Threat Program Records.
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p>See 81 FR 64198 (Sept. 19, 2016) for the notice of a new system of records establishing JUSTICE/FBI-023.</p>
</xhtmlContent></subsection></section>

                <section id="doj" toc="yes">
<systemNumber>/FCSC-1</systemNumber>
<subsection type="systemName">Indexes of Claimants (Alphabetical)--FCSC.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Foreign Claims Settlement Commission, 600 E Street, Northwest, Suite 6002, Washington, DC
20579.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Maintained on all individuals who filed claims for compensation under the statutes
administered by the Foreign Claims Settlement Commission.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Microfilm copies of index cards and computer-generated paper indexes containing names of
claimants, claim and decision numbers, date and disposition of claims, addresses and dates of birth.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 301.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>To enable Commission personnel and interested members of the public to ascertain whether any
named individual, corporation, or other legal entity has submitted a claim to the Commission.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>To appropriate agencies, entities, and persons when (1) The Commission suspects or has
confirmed that the
security or confidentiality of information in the system of records has been compromised; (2) the
Commission 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 Commission 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
Commission’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or
remedy such harm.
</p><p>The Commission may disclose relevant and necessary information to a former employee of the
Commission 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 of
Justice regulations; or facilitating communications with a former employee that may be necessary for
personnel-related or other official purposes where the Commission requires information and/or
consultation assistance from the former employee regarding a matter within that person’s former area
of responsibility.
</p><p>--Used by authorized Commission personnel for identification of individual claims and to
obtain information concerning disposition of claims.
</p><p>--The information contained in this system of records (except for that pertaining to the
system "Justice/FCSC-27: Germany, Holocaust Survivors Claims Against" , described below) is
considered by the Commission to be public information which may be disclosed as a routine use to
interested persons who make inquiries about the claims program or individual claims therein,
including but not limited to Members of Congress or congressional staff, staff of the Office of
Management and Budget, other persons interested in the work of the Commission, and members of the
news media.
</p><p>--The information contained in this system of records will be disclosed to the Office of
Management and Budget, in connection with the review of private relief legislation as set forth in
OMB Circular No. A-19, at any stage of the legislative coordination and clearance process as
set forth in that circular.
</p><p>--A record from this system of records may be disclosed as a routine use to a Member of
Congress or to a congressional staff member in response to an inquiry of the congressional office
made at the request of the individual about whom the record is maintained.
</p><p>--A record, or any facts derived therefrom, may be disclosed in a proceeding before a court
or adjudicative body before which the FCSC is authorized to appear or to the Department of Justice
for use in such proceeding when:
</p><p>i. The FCSC, or any subdivision thereof,
</p><p>ii. Any employee of the FCSC in his or her official capacity,
</p><p>iii. Any employee of the FCSC in his or her individual capacity where the Department of Justice
has agreed to represent the employee, or
</p><p>iv. The United States, where the FCSC determines that the litigation is likely to affect it or
any of its subdivisions, is a party to litigation or has an interest in litigation and such records
are determined by the FCSC to be arguably relevant and necessary to the litigation and such
disclosure is determined by the FCSC to be a use compatible with the purpose for which the records
were collected.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Microfilm rolls stored in steel drawers. Computer-generated paper indexes stored on shelves
in cardboard binders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>By name of individual.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Security guards in building. Records maintained in locked rooms accessible only to
authorized Commission personnel.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Permanent records. Disposition will be made in accordance with 44 U.S.C. 3301-3314
when such records are determined no longer useful.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Administrative Office, Foreign Claims Settlement Commission, 600 E Street, Northwest, Suite
6002, Washington, DC 20579. Telephone: 202/616-6986 Fax: 202/616-6993.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Set forth in part 504 of title 45, Code of Federal Regulations.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Individual on whom the record is maintained and information obtained by actions taken by the
Foreign Claims Settlement Commission as a result of adjudication of individual claims.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FCSC-3</systemNumber>
<subsection type="systemName">Certification of Awards--FCSC.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Foreign Claims Settlement Commission, 600 E Street, Northwest, Suite 6002, Washington, DC
20579.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals receiving awards under the International Claims Settlement Act of 1949, as
amended, and War Claims Act of 1948, as amended.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Names and addresses of claimants and amounts of awards certified to Treasury Department for
payment. Name and address of claimant’s representative, if any, also included in certification
voucher.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>International Claims Settlement Act of 1949, as amended, and War Claims Act of 1948, as
amended.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>Maintained as a record of the names, addresses, and amounts awarded to individuals in the
Commission’s claims programs.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>To appropriate agencies, entities, and persons when (1) The Commission suspects or has
confirmed that the
security or confidentiality of information in the system of records has been compromised; (2) the
Commission 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 Commission 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
Commission’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or
remedy such harm.
</p><p>The Commission may disclose relevant and necessary information to a former employee of the
Commission 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 of
Justice regulations; or facilitating communications with a former employee that may be necessary for
personnel-related or other official purposes where the Commission requires information and/or
consultation assistance from the former employee regarding a matter within that person’s former area
of responsibility.
</p><p>--Award certifications prepared by authorized FCSC personnel and forwarded to Treasury
Department for payment in accordance with statutory authority and Treasury Department regulations
and procedures.
</p><p>--The information contained in this system of records (except for that pertaining to the
system "Justice/FCSC-27: Germany, Holocaust Survivors Claims Against" ) is considered by the
Commission to be public information which may be disclosed as a routine use to interested persons
who make inquiries about a claims program or individual claims therein, including but not limited to
Members of Congress or congressional staff, staff of the Office of Management and Budget, other
persons interested in the work of the Commission, and members of the news media.
</p><p>--The information contained in this system of records will be disclosed to the Office of
Management and Budget, in connection with the review of private relief legislation as set forth in
OMB Circular No. A-19, at any stage of the legislative coordination and clearance process as
set forth in that circular.
</p><p>--A record from this system of records may be disclosed as a routine use to a member of
Congress or to a congressional staff member in response to an inquiry of the congressional office
made at the request of the individual about whom the record is maintained.
</p><p>--A record, or any facts derived therefrom, may be disclosed in a proceeding before a court
or adjudicative body before which the FCSC is authorized to appear or to the Department of Justice
for use in such proceeding when:
</p><p>i. The FCSC, or any subdivision thereof, or
</p><p>ii. Any employee of the FCSC in his or her official capacity, or
</p><p>iii. Any employee of the FCSC in his or her individual capacity where
</p><p>the Department of Justice has agreed to represent the employee, or
</p><p>iv. The United States, where the FCSC determines that the litigation is likely to affect it or
any of its subdivisions, is a party to litigation or has an interest in litigation and such records
are determined by the FCSC to be arguably relevant and necessary to the litigation and such
disclosure is determined by the FCSC to be a use compatible with the purpose for which the records
were collected.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Contained in file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>By voucher number and date of certification.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Building has building guards. Records are maintained in file cabinets in locked rooms.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records maintained under 5 U.S.C. 301. Disposal of records will be made in accordance with
44 U.S.C. 3301-3314 when such records are determined no longer useful.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Administrative Office, Foreign Claims Settlement Commission, 600 E Street, Northwest, Suite
6002, Washington, DC 20579. Telephone: 202/616-6975. Fax: 202/616-6993. Notification
Procedure: Set forth in part 504 of title 45, Code of Federal Regulations.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>From award portion of decisions as determined by FCSC.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FCSC-4</systemNumber>
<subsection type="systemName">China, Claims Against--FCSC.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Washington National Records Center, 4205 Suitland Road, Washington, DC 20409.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>U.S. nationals with claims for property losses, death and disability in mainland China
arising between October 1, 1949, and May 11, 1979.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Claim application form containing name and address of claimant and representative, if any;
date and place of birth or naturalization of claimant; nature and amount of claim; description,
ownership and value of property; and evidence to support claim.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Titles I and V, International Claims Settlement Act of 1949, as amended, and the U.S.-China
Claims Settlement Agreement of May 11, 1979.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>To enable the Commission to carry out its statutory responsibility to determine the validity
and amount of the claims submitted to it.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>To appropriate agencies, entities, and persons when (1) The Commission suspects or has
confirmed that the
security or confidentiality of information in the system of records has been compromised; (2) the
Commission 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 Commission 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
Commission’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or
remedy such harm.
</p><p>The Commission may disclose relevant and necessary information to a former employee of the
Commission 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 of
Justice regulations; or facilitating communications with a former employee that may be necessary for
personnel-related or other official purposes where the Commission requires information and/or
consultation assistance from the former employee regarding a matter within that person’s former area
of responsibility.
</p><p>--Adjudication of claims, issuance of decisions as to the validity and amounts of claims and
issuance of certifications to each individual claimant as to amount determined by FCSC officials and
personnel. Such amounts and copies of FCSC decisions were certified to the Secretary of State and to
the Secretary of the Treasury.
</p><p>--The information contained in this system of records is considered by the Commission to be
public information which may be disclosed as a routine use to interested persons who make inquiries
about the claims program or individual claims therein, including but not limited to Members of
Congress or congressional staff, staff of the Office of Management and Budget, other persons
interested in the work of the Commission, and members of the news media.
</p><p>--Law enforcement: In the event that a system of records maintained by FCSC to carry out its
functions indicates a violation or potential violation of law, whether civil, criminal or regulatory
in nature, and whether arising by general statute, particular program statute, or by regulation,
rule or order issued pursuant thereto, the relevant records in the system of records may be
referred, as a routine use, to the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such violation or charged with
enforcing or implementing the statute, or rule, regulation or order issued pursuant thereto.
</p><p>--The information contained in this system of records will be disclosed to the Office of
Management and Budget, in connection with the review of private relief legislation as set forth in
OMB Circular No. A-19, at any stage of the legislative coordination and clearance process as
set forth in that circular.
</p><p>--A record from this system of records may be disclosed as a routine use to a member of
Congress or to a congressional staff member in response to an inquiry of the congressional office
made at the request of the individual about whom the record is maintained.
</p><p>--A record, or any facts derived therefrom, may be disclosed in a proceeding before a court
or adjudicative body before which the FCSC is authorized to appear or to the Department of Justice
for use in such proceeding when:
</p><p>i. The FCSC, or any subdivision thereof, or
</p><p>ii. Any employee of the FCSC in his or her official capacity, or
</p><p>iii. Any employee of the FCSC in his or her individual capacity where the Department of Justice
has agreed to represent the employee, or
</p><p>iv. The United States, where the FCSC determines that the litigation is likely to affect it or
any of its subdivisions, is a party to litigation or has an interest in litigation and such records
are determined by the FCSC to be arguably relevant and necessary to the litigation and such
disclosure is determined by the FCSC to be a use compatible with the purpose for which the records
were collected.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Paper records maintained in file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Filed numerically by claim number. File folders retrieved from Records Center by claim
number. Alphabetical index used for identification of claim (see system "Justice/FCSC-1"
above).
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Under security safeguards at Washington National Records Center.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records maintained under 5 U.S.C. 301. Disposal of records will be made in accordance with
44 U.S.C. 3301-3314 when such records are determined no longer useful.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Administrative Office, Foreign Claims Settlement Commission, 600 E Street, Northwest, Suite
6002, Washington, DC 20579. Telephone: 202/616-6975, Fax: 202/616-6993.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Set forth in part 504 of title 45, Code of Federal Regulations.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Individual on whom the record is maintained.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FCSC-5</systemNumber>
<subsection type="systemName">Civilian Internees (Vietnam)--FCSC.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Washington National Records Center, 4205 Suitland Road, Washington, DC 20409.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>American citizens held by a hostile force in Southeast Asia during Vietnam Conflict.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Claim application form contains name and address, date and place of birth, birth
certificates. Verification of internment furnished by State Department contains names, addresses and
inclusive dates of internment.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Section 5(i), War Claims Act of 1948, as amended.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>To enable the Commission to carry out its statutory responsibility to determine the validity
and amount of the claims submitted to it.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>To appropriate agencies, entities, and persons when (1) The Commission suspects or has
confirmed that the
security or confidentiality of information in the system of records has been compromised; (2) the
Commission 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 Commission 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
Commission’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or
remedy such harm.
</p><p>The Commission may disclose relevant and necessary information to a former employee of the
Commission 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 of
Justice regulations; or facilitating communications with a former employee that may be necessary for
personnel-related or other official purposes where the Commission requires information and/or
consultation assistance from the former employee regarding a matter within that person’s former area
of responsibility.
</p><p>--Adjudication of claims of American citizens and certification of awards by authorized FCSC
personnel to Treasury Department for payment.
</p><p>--The information contained in this system of records is considered by the Commission to be
public information which may be disclosed as a routine use to interested persons who make inquiries
about the claims program or individual claims therein, including but not limited to Members of
Congress or congressional staff, staff of the Office of Management and Budget, other persons
interested in the work of the Commission, and members of the news media.
</p><p>--Law enforcement: In the event that a system of records maintained by FCSC to carry out its
functions indicates a violation or potential violation of law, whether civil, criminal or regulatory
in nature, and whether arising by general statute or particular program statute, or by regulation,
rule or order issued pursuant thereto, the relevant records in the system of records may be
referred, as a routine use, to the appropriate agency, whether federal, state, local or foreign,
charged with the responsibility of investigating or prosecuting such violation or charged with
enforcing or implementing the statute, or rule, regulation or order issued pursuant thereto.
</p><p>--The information contained in this system of records will be disclosed to the Office of
Management and Budget, in connection with the review of private relief legislation as set forth in
OMB Circular No. A-19, at any stage of the legislative coordination and clearance process as
set forth in that circular.
</p><p>--A record from this system of records may be disclosed as a routine use to a member of
Congress or to a congressional staff member in response to an inquiry of the congressional office
made at the request of the individual about whom the record is maintained.
</p><p>--A record, or any facts derived therefrom, may be disclosed in a proceeding before a court
or adjudicative body before which the FCSC is authorized to appear or to the Department of Justice
for use in such proceeding when:
</p><p>i. The FCSC, or any subdivision thereof, or
</p><p>ii. Any employee of the FCSC in his or her official capacity, or
</p><p>iii. Any employee of the FCSC in his or her individual capacity where the Department of Justice
has agreed to represent the employee, or
</p><p>iv. The United States, where the FCSC determines that the litigation is likely to affect it or
any of its subdivisions, is a party to litigation or has an interest in litigation and such records
are determined by the FCSC to be arguably relevant and necessary to the litigation and such
disclosure is determined by the FCSC to be a use compatible with the purpose for which the records
were collected.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Paper records maintained in file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Filed by claim number. (see system "Justice/FCSC-1"  above).
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Under security safeguards at Washington National Records Center.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records maintained under 5 U.S.C. 301. Disposal of records will be made in accordance with
44 U.S.C. 3301-3314 when such records are determined no longer useful.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Administrative Office, Foreign Claims Settlement Commission, 600 E Street, Northwest, Suite
6002, Washington, DC 20579. Telephone: 202/616-6975. Fax: 202/616-6993.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Set forth in part 504 of title 45, Code of Federal Regulations.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Individual on whom record is maintained, or his or her survivor(s), where applicable.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FCSC-8</systemNumber>
<subsection type="systemName">Cuba, Claims Against--FCSC.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Washington National Records Center, 4205 Suitland Road, Washington, DC 20409.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>U.S. nationals with claims for property losses, death and disability in Cuba arising on or
after January 1, 1959.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Claim application form containing name and address of claimant and representative, if any;
date and place of birth or naturalization; nature and amount of claim; description, ownership, and
value of property; and evidence to support claim, including medical and death records in claims
involving death and disability.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title V, International Claims Settlement Act of 1949, as amended.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>To enable the Commission to carry out its statutory responsibility to determine the validity
and amount of the claims against Cuba submitted to it.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>To appropriate agencies, entities, and persons when (1) The Commission suspects or has
confirmed that the
security or confidentiality of information in the system of records has been compromised; (2) the
Commission 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 Commission 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
Commission’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or
remedy such harm.
</p><p>The Commission may disclose relevant and necessary information to a former employee of the
Commission 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 of
Justice regulations; or facilitating communications with a former employee that may be necessary for
personnel-related or other official purposes where the Commission requires information and/or
consultation assistance from the former employee regarding a matter within that person’s former area
of responsibility.
</p><p>--Adjudication of claims, issuance of decisions as to the validity and amounts of claims and
issuance of certifications to each individual claimant as to amount determined by FCSC officials and
personnel. Such amounts and copies of FCSC decisions were certified to the Secretary of State
pending conclusion of any claims settlement agreement between US and Cuba.
</p><p>--The information contained in this system of records is considered by the Commission to be
public information which may be disclosed as a routine use to interested persons who make inquiries
about the claims program or individual claims therein, including but not limited to Members of
Congress or congressional staff, staff of the Office of Management and Budget, other persons
interested in the work of the Commission, and members of the news media.
</p><p>--Law enforcement: In the event that a system of records maintained by FCSC to carry out its
functions indicates a violation or potential violation of law, whether civil, criminal or regulatory
in nature, and whether arising by general statute or particular program statute, or by regulation,
rule or order issued pursuant thereto, the relevant records in the system of records may be
referred, as a routine use, to the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility for investigating or prosecuting such violation or charged with
enforcing or implementing the statute, or rule, regulation or order issued pursuant thereto.
</p><p>--The information contained in this system of records will be disclosed to the Office of
Management and Budget, in connection with the review of private relief legislation as set forth in
OMB Circular No. A-19, at any stage of the legislative coordination and clearance process as
set forth in that circular.
</p><p>--A record from this system of records may be disclosed as a routine use to a member of
Congress or to a congressional staff member in response to an inquiry of the congressional office
made at the request of the individual about whom the record is maintained.
</p><p>--A record, or any facts derived therefrom, may be disclosed in a proceeding before a court
or adjudicative body before which the FCSC is authorized to appear or to the Department of Justice
for use in such proceeding when:
</p><p>i. The FCSC, or any subdivision thereof, or
</p><p>ii. Any employee of the FCSC in his or her official capacity, or
</p><p>iii. Any employee of the FCSC in his or her individual capacity where the Department of Justice
has agreed to represent the employee, or
</p><p>iv. The United States, where the FCSC determines that the litigation is likely to affect it or
any of its subdivisions, is a party to litigation or has an interest in litigation and such records
are determined by the FCSC to be arguably relevant and necessary to the litigation and such
disclosure is determined by the FCSC to be a use compatible with the purpose for which the records
were collected.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Paper records maintained in file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Filed numerically by claim number. File Folders retrieved from Records Center by claim
number. Alphabetical index used for identification of claim (see system "Justice/FCSC-1"
above).
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Under security safeguards at Washington National Records Center.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records maintained under 5 U.S.C. 301. Disposal of records will be made in accordance with
44 U.S.C. 3301-3314 when such records are determined no longer useful.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Administrative Office, Foreign Claims Settlement Commission, 600 E Street, Northwest, Suite
6002, Washington, DC 20579. Telephone: 202/616-6975. Fax: 202/616-6993.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Set forth in part 504 of title 45, Code of Federal Regulations.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Individual on whom the record is maintained.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FCSC-9</systemNumber>
<subsection type="systemName">Czechoslovakia, Claims Against (2nd Program)--FCSC.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Washington National Records Center, 4205 Suitland Road, Washington, DC 20409.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>U.S. nationals with claims for property losses in Czechoslovakia from August 9,1958, to
February 2, 1982.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Claim application form containing name and address of claimant and representative, if any;
date and place of birth or naturalization; nature and amount of claim; description, ownership, and
value of property; and evidence to support claim for the purpose of receiving compensation.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Czechoslovakian Claims Settlement Act of 1981 (22 U.S.C. note prec. 1642), and the U.S.-
Czechoslovakian Claims Settlement Agreement of February 2, 1982.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>To enable the Commission to carry out its statutory responsibility to determine the validity
and amount of the claims against Czechoslovakia submitted to it.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>To appropriate agencies, entities, and persons when (1) The Commission suspects or has
confirmed that the
security or confidentiality of information in the system of records has been compromised; (2) the
Commission 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 Commission 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
Commission’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or
remedy such harm.
</p><p>The Commission may disclose relevant and necessary information to a former employee of the
Commission 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 of
Justice regulations; or facilitating communications with a former employee that may be necessary for
personnel-related or other official purposes where the Commission requires information and/or
consultation assistance from the former employee regarding a matter within that person’s former area
of responsibility.
</p><p>--Records were used for the purpose of adjudicating claims of individuals; issuance of
decisions concerning eligibility to receive compensation under the Act; notifications to claimants
of rights to appeal; and preparation by authorized FCSC personnel of certifications of awards to
Treasury Department for payment. Names and other data furnished by claimants used for verifying
citizenship status with INS.
</p><p>--The information contained in this system of records is considered by the Commission to be
public information which may be disclosed as a routine use to interested persons who make inquiries
about the claims program or individual claims therein, including but not limited to Members of
Congress or congressional staff, staff of the Office of Management and Budget, other persons
interested in the work of the Commission, and members of the news media.
</p><p>--Law enforcement: In the event that a system of records maintained by FCSC to carry out its
functions indicates a violation or potential violation of law, whether civil, criminal or regulatory
in nature, and whether arising by general statute or particular program statute, or by regulation,
rule or order issued pursuant thereto, the relevant records in the system of records may be
referred, as a routine use, to the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such violation or charged with
enforcing or implementing the statute, or rule, regulation or order issued pursuant thereto.
</p><p>--The information contained in this system of records will be disclosed to the Office of
Management and Budget, in connection with the review of private relief legislation as set forth in
OMB Circular No. A-19, at any stage of the legislative coordination and clearance process as
set forth in that circular.
</p><p>--A record from this system of records may be disclosed as a routine use to a member of
Congress or to a congressional staff member in response to an inquiry of the congressional office
made at the request of the individual about whom the record is maintained.
</p><p>--A record, or any facts derived therefrom, may be disclosed in a proceeding before a court
or adjudicative body before which the FCSC is authorized to appear or to the Department of Justice
for use in such proceeding when:
</p><p>i. The FCSC, or any subdivision thereof, or
</p><p>ii. Any employee of the FCSC in his or her official capacity, or
</p><p>iii. Any employee of the FCSC in his or her individual capacity where the Department of Justice
has agreed to represent the employee, or
</p><p>iv. The United States, where the FCSC determines that the litigation is likely to affect it or
any of its subdivisions, is a party to litigation or has an interest in litigation and such records
are determined by the FCSC to be arguably relevant and necessary to the litigation and such
disclosure is determined by the FCSC to be a use compatible with the purpose for which the records
were collected.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Paper records maintained in file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Filed numerically by claim number. File folders retrieved from Records Center by claim
number. Alphabetical index used for identification of claim (see system "Justice/FCSC-1"
above).
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Under security safeguards at Washington National Records Center.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records maintained under 5 U.S.C. 301. Disposal of records will be made in accordance with
44 U.S.C. 3301-3314 when such records are determined no longer useful.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Administrative Office, Foreign Claims Settlement Commission, 600 E Street, Northwest, Suite
6002, Washington, DC 20579. Telephone: 202/616-6975. Fax: 202/616-6993.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Set forth in part 504 of Title 45, Code of Federal Regulations.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Individual on whom the record is maintained.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FCSC-10</systemNumber>
<subsection type="systemName">East Germany, Registration of Claims Against--FCSC.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Washington National Records Center, 4205 Suitland Road, Washington, DC 20409.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>U.S. nationals who suffered certain property losses in East Germany.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Claims registration form containing name and address of claimant and representative, if any;
date and place of birth or naturalization; nature and amount of claim; and description, ownership,
and value of property.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title I, International Claims Settlement Act of 1949, as amended.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>To enable the Commission to conduct an evaluation of potential claims against the former
German Democratic Republic, in order to determine whether sufficient claims existed to justify
enactment of legislation authorizing a formal claims adjudication program.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>To appropriate agencies, entities, and persons when (1) The Commission suspects or has
confirmed that the
security or confidentiality of information in the system of records has been compromised; (2) the
Commission 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 Commission 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
Commission’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or
remedy such harm.
</p><p>The Commission may disclose relevant and necessary information to a former employee of the
Commission 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 of
Justice regulations; or facilitating communications with a former employee that may be necessary for
personnel-related or other official purposes where the Commission requires information and/or
consultation assistance from the former employee regarding a matter within that person’s former area
of responsibility.
</p><p>--Information received from individuals on registration forms was used to evaluate whether
to propose enactment of legislation to authorize a formal claims adjudication program.
</p><p>--Registration forms filed were also used by FCSC personnel in the distribution of formal
claim application forms once a formal claims adjudication program was authorized.
</p><p>--The information contained in this system of records will be disclosed to the Office of
Management and Budget, in connection with the review of private relief legislation as set forth in
OMB Circular No. A-19, at any stage of the legislative coordination and clearance process as
set forth in that circular.
</p><p>--A record from this system of records may be disclosed as a routine use to a member of
Congress or to a congressional staff member in response to an inquiry of the congressional office
made at the request of the individual about whom the record is maintained.
</p><p>--A record, or any facts derived therefrom, may be disclosed in a proceeding before a court
or adjudicative body before which the FCSC is authorized to appear or to the Department of Justice
for use in such proceeding when:
</p><p>i. The FCSC, or any subdivision thereof, or
</p><p>ii. Any employee of the FCSC in his or her official capacity, or
</p><p>iii. Any employee of the FCSC in his or her individual capacity where the Department of Justice
has agreed to represent the employee, or
</p><p>iv. The United States, where the FCSC determines that the litigation is likely to affect it or
any of its subdivisions, is a party to litigation or has an interest in litigation and such records
are determined by the FCSC to be arguably relevant and necessary to the litigation and such
disclosure is determined by the FCSC to be a use compatible with the purpose for which the records
were collected.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Numerical order in file folders. Cross-reference alphabetical index (see system
"JUSTICE/FCSC-1"  above).
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>By name. (see system "JUSTICE/FCSC-1"  above).
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Under security safeguards at Washington National Records Center.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records maintained under 5 U.S.C. 301. Disposal of records will be made in accordance with
44 U.S.C. 3301-3314 when such records are determined no longer useful. System manager(s) and
address:  Administrative Office, Foreign Claims Settlement Commission, 600 E Street, Northwest,
Suite 6002, Washington, DC 20579. Telephone: 202/616-6975. Fax: 202/616-6993.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Set forth in part 504 of title 45, Code of Federal Regulations.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Individual on whom the record is maintained.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FCSC-11</systemNumber>
<subsection type="systemName">Federal Republic of Germany, Questionnaire Inquiries From--FCSC.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Washington National Records Center, 4205 Suitland Road, Washington, DC 20409.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals suffering losses in Eastern European countries, including Germany.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Questionnaires from Federal Republic of Germany (Ausgleichsamt) containing name, address,
date and place of birth or naturalization; description and location of property. Such information
was furnished to Federal Republic of Germany by U.S. residents who filed claims under the West
German Federal Compensation Laws (BEG).
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 301.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>To maintain a file on requests for information from Germany that have been received and
acted upon.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>To appropriate agencies, entities, and persons when (1) The Commission suspects or has
confirmed that the
security or confidentiality of information in the system of records has been compromised; (2) the
Commission 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 Commission 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
Commission’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or
remedy such harm.
</p><p>The Commission may disclose relevant and necessary information to a former employee of the
Commission 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 of
Justice regulations; or facilitating communications with a former employee that may be necessary for
personnel-related or other official purposes where the Commission requires information and/or
consultation assistance from the former employee regarding a matter within that person’s former area
of responsibility.
</p><p>--To inform Federal Republic Of Germany (FRG) Equalization of Burdens offices whether
individuals who filed claims for losses compensable under the West German Federal Compensation Laws
also filed claims with the Foreign Claims Settlement Commission under U.S. claims statutes and
received compensation under such statutes for the same losses. Information furnished to FRG obtained
from FCSC decisions or claim applications from individuals who filed claims with FCSC.
</p><p>--The information contained in this system of records will be disclosed to the Office of
Management and Budget, in connection with the review of private relief legislation as set forth in
OMB Circular No. A-19, at any stage of the legislative coordination and clearance process as
set forth in that circular.
</p><p>--A record from this system of records may be disclosed as a routine use to a member of
Congress or to a congressional staff member in response to an inquiry of the congressional office
made at the request of the individual about whom the record is maintained.
</p><p>--A record, or any facts derived therefrom, may be disclosed in a proceeding before a court
or adjudicative body before which the FCSC is authorized to appear or to the Department of Justice
for use in such proceeding when:
</p><p>i. The FCSC, or any subdivision thereof, or
</p><p>ii. Any employee of the FCSC in his or her official capacity, or
</p><p>iii. Any employee of the FCSC in his or her individual capacity where the Department of Justice
has agreed to represent the employee, or
</p><p>iv. The United States, where the FCSC determines that the litigation is likely to affect it or
any of its subdivisions, is a party to litigation or has an interest in litigation and such records
are determined by the FCSC to be arguably relevant and necessary to the litigation and such
disclosure is determined by the FCSC to be a use compatible with the purpose for which the records
were collected.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Paper records in file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>By name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Under security safeguards at Washington National Records Center.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records maintained under 5 U.S.C. 301. Disposal of records will be made in accordance with
44 U.S.C. 3301-3314 when such records are determined no longer useful.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Administrative Office, Foreign Claims Settlement Commission, 600 E Street, Northwest, Suite
6002, Washington, DC 20579. Telephone: 202/616-6975.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Set forth in part 504 of title 45, Code of Federal Regulations.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Questionnaire from Federal Republic of Germany (Equalization of Burdens Offices).
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FCSC-12</systemNumber>
<subsection type="systemName">Hungary, Claims Against (2nd Program)--FCSC.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Washington National Records Center, 4205 Suitland Road, Washington, DC 20409.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>U.S. nationals with claims for property losses in Hungary that arose between August 9, 1955,
and March 6, 1973.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Claim application form containing name and address of claimant and representative, if any;
date and place of birth or naturalization; nature and amount of claim; description, ownership, and
value of property; and evidence to support claim for the purpose of receiving compensation.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title III, International Claims Settlement Act of 1949, as amended, and U.S.-Hungarian
Claims Agreement of March 6, 1973.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>To enable the Commission to carry out its statutory responsibility to determine the validity
and amount of the claims against Hungary submitted to it.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>To appropriate agencies, entities, and persons when (1) The Commission suspects or has
confirmed that the
security or confidentiality of information in the system of records has been compromised; (2) the
Commission 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 Commission 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
Commission’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or
remedy such harm.
</p><p>The Commission may disclose relevant and necessary information to a former employee of the
Commission 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 of
Justice regulations; or facilitating communications with a former employee that may be necessary for
personnel-related or other official purposes where the Commission requires information and/or
consultation assistance from the former employee regarding a matter within that person’s former area
of responsibility.
</p><p>--Records were used for the purpose of adjudicating claims of individuals; issuance of
decisions concerning eligibility to receive compensation under the Act; notifications to claimants
of rights to appeal; and preparation by authorized FCSC personnel of certifications of awards, if
any, to Treasury Department for payment. Names and other data furnished by claimants used for
verifying citizenship status with INS.
</p><p>--The information contained in this system of records is considered by the Commission to be
public information which may be disclosed as a routine use to interested persons who make inquiries
about the claims program or individual claims therein, including but not limited to Members of
Congress or congressional staff, staff of the Office of Management and Budget, other persons
interested in the work of the Commission, and members of the news media.
</p><p>--Law enforcement: In the event that a system of records maintained by FCSC to carry out its
functions indicates a violation or potential violation of law, whether civil, criminal or regulatory
in nature, and whether arising by general statute or particular program statute, or by regulation,
rule or order issued pursuant thereto, the relevant records in the system of records may be
referred, as a routine use, to the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such violation or charged with
enforcing or implementing the statute, or rule, regulation or order issued pursuant thereto.
</p><p>--The information contained in this system of records will be disclosed to the Office of
Management and Budget, in connection with the review of private relief legislation as set forth in
OMB Circular No. A-19, at any stage of the legislative coordination and clearance process as
set forth in that circular.
</p><p>--A record from this system of records may be disclosed as a routine use to a member of
Congress or to a congressional staff member in response to an inquiry of the congressional office
made at the request of the individual about whom the record is maintained.
</p><p>--A record, or any facts derived therefrom, may be disclosed in a proceeding before a court
or adjudicative body before which the FCSC is authorized to appear or to the Department of Justice
for use in such proceeding when:
</p><p>i. The FCSC, or any subdivision thereof, or
</p><p>ii. Any employee of the FCSC in his or her official capacity, or
</p><p>iii. Any employee of the FCSC in his or her individual capacity where the Department of Justice
has agreed to represent the employee, or
</p><p>iv. The United States, where the FCSC determines that the litigation is likely to affect it or
any of its subdivisions, is a party to litigation or has an interest in litigation and such records
are determined by the FCSC to be arguably relevant and necessary to the litigation and such
disclosure is determined by the FCSC to be a use compatible with the purpose for which the records
were collected.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Paper records maintained in file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Filed numerically by claim number. Alphabetical index used for identification of claim (see
system "Justice/FCSC-1"  above).
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Under security safeguards at Washington National Records Center.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records maintained under 5 U.S.C. 301. Disposal of records will be made in accordance with
44 U.S.C. 3301-3314 when such records are determined no longer useful.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Administrative Office, Foreign Claims Settlement Commission, 600 E Street, Northwest, Suite
6002, Washington, DC 20579. Telephone: 202/616-6975. Fax: 202/616-6993.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Set forth in part 504 of title 45, Code of Federal Regulations.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Individual on whom the record is maintained.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FCSC-14</systemNumber>
<subsection type="systemName">Micronesia, Claims Arising In--FCSC.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Washington National Records Center, 4205 Suitland Road, Washington, DC 20409.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Inhabitants of Micronesia, including U.S. nationals, who suffered damages to property,
disability and death arising out of military operations during World War II, and arising during the
period from the dates of the securing of the various islands of Micronesia by Allied forces up until
July 1, 1951.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Claim application forms containing name and address of claimant and representative, if any;
date and place of birth or naturalization; nature and amount of claim; description, ownership, and
value of property; and evidence to support claim for the purpose of receiving compensation.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Micronesian Claims Act of 1971.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>To enable the Micronesian Claims Commission (MCC), under the supervision of the FCSC, to
carry out its statutory responsibility to determine the validity and amount of the claims against
Italy submitted to it.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>To appropriate agencies, entities, and persons when (1) The Commission suspects or has
confirmed that the
security or confidentiality of information in the system of records has been compromised; (2) the
Commission 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 Commission 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
Commission’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or
remedy such harm.
</p><p>The Commission may disclose relevant and necessary information to a former employee of the
Commission 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 of
Justice regulations; or facilitating communications with a former employee that may be necessary for
personnel-related or other official purposes where the Commission requires information and/or
consultation assistance from the former employee regarding a matter within that person’s former area
of responsibility.
</p><p>--Records were used for the purpose of adjudicating claims of individuals; issuance of
decisions concerning eligibility to receive compensation under authority of the Micronesian Claims
Act of 1971; notifications to claimants of rights to appeal; and preparation by authorized personnel
of Foreign Claims Settlement Commission assigned to duty in the Trust Territory of the Pacific
Islands and locally hired employees of the MCC of certifications of awards, if any, to Secretary of
the Interior for payment.
</p><p>--The information contained in this system of records will be disclosed to the Office of
Management and Budget, in connection with the review of private relief legislation as set forth in
OMB Circular No. A-19, at any stage of the legislative coordination and clearance process as
set forth in that circular.
</p><p>--A record from this system of records may be disclosed as a routine use to a member of
Congress or to a congressional staff member in response to an inquiry of the congressional office
made at the request of the individual about whom the record is maintained.
</p><p>--A record, or any facts derived therefrom, may be disclosed in a proceeding before a court
or adjudicative body before which the FCSC is authorized to appear or to the Department of Justice
for use in such proceeding when:
</p><p>i. The FCSC, or any subdivision thereof, or
</p><p>ii. Any employee of the FCSC in his or her official capacity, or
</p><p>iii. Any employee of the FCSC in his or her individual capacity where the Department of Justice
has agreed to represent the employee, or
</p><p>iv. The United States, where the FCSC determines that the litigation is likely to affect it or
any of its subdivisions, is a party to litigation or has an interest in litigation and such records
are determined by the FCSC to be arguably relevant and necessary to the litigation and such
disclosure is determined by the FCSC to be a use compatible with the purpose for which the records
were collected.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Paper records maintained in file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Filed numerically by claim number. Alphabetical index used to identify claim (see system
"Justice/FCSC-1"  above).
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Under security safeguards at Washington National Records Center.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records maintained under 5 U.S.C. 301. Disposal of records will be made in accordance with
44 U.S.C. 3301-3314 when such records are determined no longer useful.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Administrative Office, Foreign Claims Settlement Commission, 600 E Street, Northwest, Suite
6002, Washington, DC 20579. Telephone: 202/616-6975. Fax: 202/616-6993.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Set forth in part 504 of title 45, Code of Federal Regulations.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Individual on whom the record is maintained.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FCSC-16</systemNumber>
<subsection type="systemName">Prisoners of War (Pueblo)--FCSC.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Washington National Records Center, 4205 Suitland Road, Washington, DC 20409.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Members of the U.S. Armed Forces and civilian employees of the U.S. Government assigned to
duty on the USS Pueblo who were captured by military forces of North Korea on January 23, 1968, and
held prisoner by such forces.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Claim application form containing name and address of claimant, date and places of birth,
branch of service and military service number. In case of death, date, place and name of spouse,
names, address and date of birth of surviving children, name and address of parents and Veterans
Administration (VA) claim number. Proof of death if no VA claim.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Section 6(e), War Claims Act of 1948, as amended.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>To enable the Commission to carry out its statutory responsibility to determine the validity
and amount of the claims submitted to it.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>To appropriate agencies, entities, and persons when (1) The Commission suspects or has
confirmed that the
security or confidentiality of information in the system of records has been compromised; (2) the
Commission 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 Commission 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
Commission’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or
remedy such harm.
</p><p>The Commission may disclose relevant and necessary information to a former employee of the
Commission 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 of
Justice regulations; or facilitating communications with a former employee that may be necessary for
personnel-related or other official purposes where the Commission requires information and/or
consultation assistance from the former employee regarding a matter within that person’s former area
of responsibility.
</p><p>--Records were used for adjudication of claims for detention benefits, issuance of decisions
concerning eligibility of claimant to receive compensation; notifications to claimants of rights to
appeal; and preparation by authorized Commission personnel of certifications of awards to Treasury
Department for payment. Verifications from State Department include names and addresses and
inclusive dates of detention.
</p><p>--The information contained in this system of records is considered by the Commission to be
public information which may be disclosed as a routine use to interested persons who make inquiries
about the claims program or individual claims therein, including but not limited to Members of
Congress or congressional staff, staff of the Office of Management and Budget, other persons
interested in the work of the Commission, and members of the news media.
</p><p>--The information contained in this system of records will be disclosed to the Office of
Management and Budget, in connection with the review of private relief legislation as set forth in
OMB Circular No. A-19, at any stage of the legislative coordination and clearance process as
set forth in that circular.
</p><p>--A record from this system of records may be disclosed as a routine use to a member of
Congress or to a congressional staff member in response to an inquiry of the congressional office
made at the request of the individual about whom the record is maintained.
</p><p>--A record, or any facts derived therefrom, may be disclosed in a proceeding before a court
or adjudicative body before which the FCSC is authorized to appear or to the Department of Justice
for use in such proceeding when:
</p><p>i. The FCSC, or any subdivision thereof, or
</p><p>ii. Any employee of the FCSC in his or her official capacity, or
</p><p>iii. Any employee of the FCSC in his or her individual capacity where the Department of Justice
has agreed to represent the employee, or
</p><p>iv. The United States, where the FCSC determines that the litigation is likely to affect it or
any of its subdivisions, is a party to litigation or has an interest in litigation and such records
are determined by the FCSC to be arguably relevant and necessary to the litigation and such
disclosure is determined by the FCSC to be a use compatible with the purpose for which the records
were collected.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Paper records in file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>By claim number. Cross-referenced by alphabetical index cards which contain claim numbers
(see system "Justice/FCSC-1"  above).
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Under security safeguards at the Washington National Records Center.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records maintained under 5 U.S.C. 301. Disposal of records will be made in accordance with
44 U.S.C. 3301-3314 when such records are determined no longer useful.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Administrative Office, Foreign Claims Settlement Commission, 600 E Street, Northwest, Suite
6002, Washington, DC 20579. Telephone: 202/616-6975. Fax: 202/616-6993.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Set forth in part 504 of Title 45, Code of Federal Regulations.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Individual on whom the record is maintained.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FCSC-17</systemNumber>
<subsection type="systemName">Prisoners of War (Vietnam)--FCSC.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Washington National Records Center, 4205 Suitland Road, Washington, DC 20409.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Members of Armed Forces of the United States who were captured and held by a hostile force
during the Vietnam conflict beginning February 28, 1961.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Claim application form containing name and address of claimant; date and place of birth,
branch of service and military service number. In case of death, date, place, name of spouse, names,
addresses and dates of birth of surviving children, name and address of parents and Veterans
Administration claim number.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Sect. 6(f), War Claims Act of 1948, as amended.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>To enable the Commission to carry out its statutory responsibility to determine the validity
and amount of the claims submitted to it.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>To appropriate agencies, entities, and persons when (1) The Commission suspects or has
confirmed that the
security or confidentiality of information in the system of records has been compromised; (2) the
Commission 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 Commission 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
Commission’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or
remedy such harm.
</p><p>The Commission may disclose relevant and necessary information to a former employee of the
Commission 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 of
Justice regulations; or facilitating communications with a former employee that may be necessary for
personnel-related or other official purposes where the Commission requires information and/or
consultation assistance from the former employee regarding a matter within that person’s former area
of responsibility.
</p><p>--Records used for adjudication of claims for detention benefits; issuance of decisions
concerning eligibility of claimants to receive compensation; notifications to claimants of rights of
appeal; and preparation of certification of awards to Treasury Department for payment by authorized
Commission personnel. Verification of captured status obtained from rosters or casualty reports
furnished by the respective armed service branches.
</p><p>--The information contained in this system of records is considered by the Commission to be
public information which may be disclosed as a routine use to interested persons who make inquiries
about the claims program or individual claims therein, including but not limited to Members of
Congress or congressional staff, staff of the Office of Management and Budget, other persons
interested in the work of the Commission, and members of the news media.
</p><p>--The information contained in this system of records will be disclosed to the Office of
Management and Budget, in connection with the review of private relief legislation as set forth in
OMB Circular No. A-19, at any stage of the legislative coordination and clearance process as
set forth in that circular.
</p><p>--A record from this system of records may be disclosed as a routine use to a member of
Congress or to a congressional staff member in response to an inquiry of the congressional office
made at the request of the individual about whom the record is maintained.
</p><p>--A record, or any facts derived therefrom, may be disclosed in a proceeding before a court
or adjudicative body before which the FCSC is authorized to appear or to the Department of Justice
for use in such proceeding when:
</p><p>i. The FCSC, or any subdivision thereof, or
</p><p>ii. Any employee of the FCSC in his or her official capacity, or
</p><p>iii. Any employee of the FCSC in his or her individual capacity where the Department of Justice
has agreed to represent the employee, or
</p><p>iv. The United States, where the FCSC determines that the litigation is likely to affect it or
any of its subdivisions, is a party to litigation or has an interest in litigation and such records
are determined by the FCSC to be arguably relevant and necessary to the litigation and such
disclosure is determined by the FCSC to be a use compatible with the purpose for which the records
were collected.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Paper records maintained in file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Filed numerically by claim number. File folders retrieved from Records Center by claim
number. Alphabetical index used for identification of claim (see system "Justice/FCSC-1"
above).
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Under security safeguards at Washington National Records Center.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records maintained under 5 U.S.C. 301. Disposal of records will be made in accordance with
44 U.S.C. 3301-3314 when such records are determined no longer useful.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Administrative Office, Foreign Claims Settlement Commission, 600 E Street, Northwest, Suite
6002, Washington, DC 20579. Telephone: 202/616-6975. Fax: 202/616-6993.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Set forth in part 504 of title 45, Code of Federal Regulations.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Individual on whom the record is maintained.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FCSC-19</systemNumber>
<subsection type="systemName">Soviet Union, Claims Against--FCSC.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Washington National Records Center, 4205 Suitland Road, Washington, DC 20409.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>U.S. nationals with claims for loss of property in the Soviet Union prior to November 16,
1933, and claims by individuals based upon liens acquired with respect to property in the U.S.
assigned to U.S. Government by the Soviet Government under Litvinov Assignment of November 16, 1933.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Claim application form containing name and address of claimant and representative, if any;
date and place of birth or naturalization; nature and amount of claim; description, ownership, and
value of property; and evidence to support claim for the purpose of receiving compensation.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title III, International Claims Settlement Act of 1949, as amended.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>To enable the Commission to carry out its statutory responsibility to determine the validity
and amount of the claims against the Soviet Union submitted to it.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>To appropriate agencies, entities, and persons when (1) The Commission suspects or has
confirmed that the
security or confidentiality of information in the system of records has been compromised; (2) the
Commission 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 Commission 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
Commission’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or
remedy such harm.
</p><p>The Commission may disclose relevant and necessary information to a former employee of the
Commission 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 of
Justice regulations; or facilitating communications with a former employee that may be necessary for
personnel-related or other official purposes where the Commission requires information and/or
consultation assistance from the former employee regarding a matter within that person’s former area
of responsibility.
</p><p>--Records were used for the purpose of adjudicating claims of individuals; issuance of
decisions concerning eligibility to receive compensation under the Act; notifications to claimants
of rights to appeal; and preparation by authorized FCSC personnel of certifications of awards, if
any, to the Treasury Department for payment. Names and other data furnished by claimants used for
verifying citizenship status with INS.
</p><p>--The information contained in this system of records is considered by the Commission to be
public information which may be disclosed as a routine use to interested persons who make inquiries
about the claims program or individual claims therein, including but not limited to Members of
Congress or congressional staff, staff of the Office of Management and Budget, other persons
interested in the work of the Commission, and members of the news media.
</p><p>--Law enforcement: In the event that a system of records maintained by FCSC to carry out its
functions indicates a violation or potential violation of law, whether civil, criminal or regulatory
in nature, and whether arising by general statute or particular program statute, or by regulation,
rule or order issued pursuant thereto, the relevant records in the system of records may be
referred, as a routine use, to the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such violation or charged with
enforcing or implementing the statute, or rule, regulation or order issued pursuant thereto.
</p><p>--The information contained in this system of records will be disclosed to the Office of
Management and Budget, in connection with the review of private relief legislation as set forth in
OMB Circular No. A-19, at any stage of the legislative coordination and clearance process as
set forth in that circular.
</p><p>--A record from this system of records may be disclosed as a routine use to a member of
Congress or to a congressional staff member in response to an inquiry of the congressional office
made at the request of the individual about whom the record is maintained.
</p><p>--A record, or any facts derived therefrom, may be disclosed in a proceeding before a court
or adjudicative body before which the FCSC is authorized to appear or to the Department of Justice
for use in such proceeding when:
</p><p>i. The FCSC, or any subdivision thereof, or
</p><p>ii. Any employee of the FCSC in his or her official capacity, or
</p><p>iii. Any employee of the FCSC in his or her individual capacity where the Department of Justice
has agreed to represent the employee, or
</p><p>iv. The United States, where the FCSC determines that the litigation is likely to affect it or
any of its subdivisions, is a party to litigation or has an interest in litigation and such records
are determined by the FCSC to be arguably relevant and necessary to the litigation and such
disclosure is determined by the FCSC to be a use compatible with the purpose for which the records
were collected.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Paper records maintained in file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Filed numerically by claim number. File folders retrieved from Records Center by claim
number. Alphabetical index used for identification of claim (see system "Justice/FCSC-1"
above).
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Under security safeguards at Washington National Records Center.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records maintained under 5 U.S.C. 301. Disposal of records will be made in accordance with
44 U.S.C. 3301-3314 when such records are determined no longer useful. This system of records
was retired to the Washington National Records Center after the completion of the claims program on
August 9, 1959.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Administrative Office, Foreign Claims Settlement Commission, 600 E Street, Northwest, Suite
6002, Washington, DC 20579. Telephone: 202/616-6975. Fax: 202/616-6993.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Set forth in part 504 of title 45, Code of Federal Regulations.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Individual on whom the record is maintained.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FCSC-21</systemNumber>
<subsection type="systemName">German Democratic Republic, Claims Against--FCSC.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Washington National Records Center, 4205 Suitland Road, Washington, DC 20409.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>U.S. nationals with claims for property losses in the German Democratic Republic which arose
between May 8, 1945, and October 18, 1976.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Claim application form containing name and address of claimant and representative, if any;
date and place of birth or naturalization; nature and amount of claim; description, ownership and
value of property; and evidence to support claim for the purpose of receiving compensation.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title VI, International Claims Settlement Act of 1949, as amended.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>To enable the Commission to carry out its statutory responsibility to determine the validity
and amount of the claims against the German Democratic Republic submitted to it.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>To appropriate agencies, entities, and persons when (1) The Commission suspects or has
confirmed that the
security or confidentiality of information in the system of records has been compromised; (2) the
Commission 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 Commission 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
Commission’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or
remedy such harm.
</p><p>The Commission may disclose relevant and necessary information to a former employee of the
Commission 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 of
Justice regulations; or facilitating communications with a former employee that may be necessary for
personnel-related or other official purposes where the Commission requires information and/or
consultation assistance from the former employee regarding a matter within that person’s former area
of responsibility.
</p><p>--Records were used for the purpose of adjudicating claims of individuals; issuance of
decisions concerning eligibility to receive compensation under the Act; notification to claimants of
rights to appeal; and preparation of certifications of awards, if any, to Treasury Department for
payment. Names and other data furnished by claimants used for verifying citizenship status with INS.
</p><p>--The information contained in this system of records is considered by the Commission to be
public information which may be disclosed as a routine use to interested persons who make inquiries
about the claims program or individual claims therein, including but not limited to Members of
Congress or congressional staff, staff of the Office of Management and Budget, other persons
interested in the work of the Commission, and members of the news media.
</p><p>--Law Enforcement: In the event that a system of records maintained by FCSC to carry out its
functions indicates a violation or potential violation of law, whether civil or criminal or
regulatory in nature, and whether arising by general statute or particular program statute or order
issued pursuant thereto, the relevant records in the system of records may be referred, as a routine
use, to the appropriate agency, whether Federal, State, local or foreign, charged with the
responsibility of investigating or prosecuting such violation or charged with enforcing or
implementing the statute, or rule, regulation, or order issued pursuant thereto.
</p><p>--The information contained in this system of records will be disclosed to the Office of
Management and Budget in connection with the review of private relief legislation as set forth in
OMB Circular No. A-19, at any stage of the legislative coordination and clearance process as
set forth in that circular.
</p><p>--A record, or any facts derived therefrom, may be disclosed in a proceeding before a court
or adjudicative body before which the FCSC is authorized to appear or to the Department of Justice
for use in such proceeding when:
</p><p>i. The FCSC, or any subdivision thereof, or
</p><p>ii. Any employee of the FCSC in his or her official capacity, or
</p><p>iii. Any employee of the FCSC in his or her individual capacity where the Department of Justice
has agreed to represent the employee, or
</p><p>iv. The United States, where the FCSC is determines that the litigation is likely to affect it or
any of its subdivisions, is a party to litigation or has an interest in litigation and such records
are determined by the FCSC to be arguably relevant and necessary to the litigation and such
disclosure is determined by the FCSC to be a use compatible with the purpose for which the records
were collected.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Paper records maintained in file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Filed numerically by claim number. Alphabetical index used for identification of claim (see
system "Justice/FCSC-1"  above).
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Under security safeguards at Washington National Records Center.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records maintained under 5 U.S.C. 301. Disposal in accordance with 44 U.S.C. 3301-3314
when such records are determined no longer useful.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Administrative Office, Foreign Claims Settlement Commission, 600 E Street, Northwest, Suite
6002, Washington, DC 20579. Telephone: 202/616-6975. Fax: 202/616-6993.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Set forth in part 504 of title 45, Code of Federal Regulations.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Claimant on whom the record is maintained.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FCSC-23</systemNumber>
<subsection type="systemName">Vietnam, Claims for Losses Against--FCSC.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Washington National Records Center, 4205 Suitland Road, Washington, DC 20409.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>U.S. nationals with claims for property losses in Vietnam arising between April 29, 1975,
and December 28, 1980.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Claim application forms containing name and address of claimant and representative, if any;
date and place of birth or naturalization; nature and amount of claim; description, ownership, and
value of property; and evidence to support claim for the purpose of receiving compensation.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title VII, International Claims Settlement Act of 1949, as amended.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>To enable the Commission to carry out its statutory responsibility to determine the validity
and amount of the claims against Vietnam submitted to it.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>To appropriate agencies, entities, and persons when (1) The Commission suspects or has
confirmed that the
security or confidentiality of information in the system of records has been compromised; (2) the
Commission 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 Commission 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
Commission’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or
remedy such harm.
</p><p>The Commission may disclose relevant and necessary information to a former employee of the
Commission 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 of
Justice regulations; or facilitating communications with a former employee that may be necessary for
personnel-related or other official purposes where the Commission requires information and/or
consultation assistance from the former employee regarding a matter within that person’s former area
of responsibility.
</p><p>--Records were used for the purpose of adjudicating claims of individuals; issuance of
decisions concerning eligibility to receive compensation under the Act; notifications to claimants
of rights to appeal; and preparation of certifications of awards, if any, to Treasury Department for
payment. Names and other data furnished by claimants used for verifying citizenship status with INS.
</p><p>--The information contained in this system of records is considered by the Commission to be
public information which may be disclosed as a routine use to interested persons who make inquiries
about the claims program or individual claims therein, including but not limited to members of
Congress, Congressional staff, staff of the Office of Management and Budget, other persons
interested in the work of the Commission, and members of the news media.
</p><p>--Law Enforcement: In the event that a system of records maintained by FCSC to carry out its
functions indicates a violation or potential violation of law, whether civil, criminal or regulatory
in nature, and whether arising by general statute or particular program statute, or by regulation,
rule or order issued pursuant thereto, the relevant records in the system of records may be
referred, as a routine use, to the appropriate agency, whether federal, state, local or foreign,
charged with the responsibility of investigating or prosecuting such violation or charged with
enforcing or implementing the statute, or rule, regulation or order issued pursuant thereto.
</p><p>--The information contained in this system of records will be disclosed to the Office of
Management and Budget, in connection with the review of private relief legislation as set forth in
OMB Circular No. A-19, at any stage of the legislative coordination and clearance process as
set forth in that circular.
</p><p>--A record, or any facts derived therefrom, may be disclosed in a proceeding before a court
or adjudicative body before which the FCSC is authorized to appear or to the Department of Justice
for use in such proceeding when:
</p><p>i. The FCSC, or any subdivision thereof, or
</p><p>ii. Any employee of the FCSC in his or her official capacity or
</p><p>iii. Any employee of the FCSC in his or her individual capacity where the Department of Justice
has agreed to represent the employee, or
</p><p>iv. The United States, where the FCSC determines that the litigation is likely to affect it or
any of its subdivisions is a party to litigation or has an interest in litigation and such records
are determined by the FCSC to be arguably relevant and necessary to the litigation and such
disclosure is determined by the FCSC to be a use compatible with the purpose for which the records
were collected.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Paper records maintained in file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Filed numerically by claim number. Alphabetical index used for identification of claim (see
system "Justice/FCSC-1"  above).
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Under security safeguards at Washington National Records Center.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records maintained under 5 U.S.C. 301. Disposal of records will be made in accordance with
44 U.S.C. 3301-3314 when such records are determined no longer useful.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Administrative Office, Foreign Claims Settlement Commission, 600 E Street, Northwest, Suite
6002, Washington, DC 20579. Telephone: 202/616-6975. Fax: 202/616-6993.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Set forth in part 504 of title 45, Code of Federal Regulations.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Individual on whom the record is maintained.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FCSC-24</systemNumber>
<subsection type="systemName">Ethiopia, Claims for Losses Against--FCSC.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Washington National Records Center, 4205 Suitland Road, Washington, DC 20409.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>U.S. nationals with claims for property losses in Ethiopia.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Claims information including name and address of claimant and representative, if any; date
and place of birth or naturalization; nature and amount of claim; description, ownership, and value
of property; and evidence to support claim for the purpose of receiving compensation.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title I, International Claims Settlement Act of 1949, as amended, and the December 19, 1985
Compensation Agreement between the Government of the United States of America and the Provisional
Military Government of Socialist Ethiopia.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>To enable the Commission to carry out its statutory responsibility to determine the validity
and amount of the claims against Ethiopia submitted to it.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>To appropriate agencies, entities, and persons when (1) The Commission suspects or has
confirmed that the
security or confidentiality of information in the system of records has been compromised; (2) the
Commission 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 Commission 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
Commission’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or
remedy such harm.
</p><p>The Commission may disclose relevant and necessary information to a former employee of the
Commission 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 of
Justice regulations; or facilitating communications with a former employee that may be necessary for
personnel-related or other official purposes where the Commission requires information and/or
consultation assistance from the former employee regarding a matter within that person’s former area
of responsibility.
</p><p>--Records are used for the purpose of adjudicating claims of individuals; issuance of
decisions concerning eligibility to receive compensation under the Act; notifications to claimants
of rights to appeal; and preparation of certifications of awards, if any, to the Treasury Department
for payment. Names and other data furnished by claimants used for verifying citizenship status with
INS.
</p><p>--The information contained in this system of records is considered by the Commission to be
public information which may be disclosed as a routine use to interested persons who make inquiries
about the claims program or individual claims therein, including but not limited to members of
Congress, Congressional staff, staff of the Office of Management and Budget, other persons
interested in the work of the Commission, and members of the news media.
</p><p>--Law Enforcement: In the event that a system of records maintained by FCSC to carry out its
functions indicates a violation or potential violation of law, whether civil, criminal or regulatory
in nature, and whether arising by general statute or particular program statute, or by regulation,
rule or order issued pursuant thereto, the relevant records in the system of records may be
referred, as a routine use, to the appropriate agency, whether federal, state, local or foreign,
charged with the responsibility of investigating or prosecuting such violation or charged with
enforcing or implementing the statute, or rule, regulation or order issued pursuant thereto.
</p><p>--A record, or any facts derived therefrom, may be disclosed in a proceeding before a court
or adjudicative body before which the FCSC is authorized to appear or to the Department of Justice
for use in such proceeding when:
</p><p>i. The FCSC, or any subdivision thereof, or
</p><p>ii. Any employee of the FCSC in his or her official capacity or
</p><p>iii. Any employee of the FCSC in his or her individual capacity where the Department of Justice
has agreed to represent the employee, or
</p><p>iv. The United States, where the FCSC determines that the litigation is likely to affect it or
any of its subdivisions is a party to litigation or has an interest in litigation and such records
are determined by the FCSC to be arguably relevant and necessary to the litigation and such
disclosure is determined by the FCSC to be a use compatible with the purpose for which the records
were collected.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Paper records maintained in file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Filed numerically by claim number. Alphabetical index used for identification of claim (see
system "Justice/FCSC-1"  above).
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Under security safeguards at Washington National Records Center.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records maintained under 5 U.S.C. 301. Disposal of records will be made in accordance with
44 U.S.C. 3301-3314 when such records are determined no longer useful.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Administrative Office, Foreign Claims Settlement Commission, 600 E Street, Northwest, Suite
6002, Washington, DC 20579. Telephone: 202/616-6975. Fax: 202/616-6993.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Set forth in part 504 of title 45, Code of Federal Regulations.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Claimant on whom the record is maintained.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FCSC-25</systemNumber>
<subsection type="systemName">Egypt, Claims Against.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Washington National Records Center, 4205 Suitland Road, Washington, DC 20409.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>U.S. nationals with claims for property losses in Egypt.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Claim information, including name and address of claimant and representative, if any; date
and place of birth or naturalization; nature and amount of claim; description, ownership, and value
of property; other evidence establishing entitlement to compensation of claim.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title I, International Claims Settlement Act of 1949, as amended, and the Agreement Between
the Government of the United States of America and the Government of the Arab Republic of Egypt
Concerning Claims of Nationals of the United States of May 1, 1976.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>To enable the Commission to carry out its statutory responsibility to determine the validity
and amount of the claims against Egypt submitted to it.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>To appropriate agencies, entities, and persons when (1) The Commission suspects or has
confirmed that the
security or confidentiality of information in the system of records has been compromised; (2) the
Commission 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 Commission 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
Commission’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or
remedy such harm.
</p><p>The Commission may disclose relevant and necessary information to a former employee of the
Commission 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 of
Justice regulations; or facilitating communications with a former employee that may be necessary for
personnel-related or other official purposes where the Commission requires information and/or
consultation assistance from the former employee regarding a matter within that person’s former area
of responsibility.
</p><p>--Records are used for the purpose of adjudicating claims of individuals; issuance of
decisions concerning eligibility to receive compensation under the Act and Agreement; notifications
to claimants of rights to appeal; and preparation of certifications of awards, if any, to the
Treasury Department for payment. Names and other information furnished by claimants may be used for
verifying citizenship status with the Immigration and Naturalization Service.
</p><p>--The information contained in this system of records is considered by the Commission to be
public information which may be disclosed as a routine use to interested persons who make inquiries
about the claims program or individual claims therein including but not limited to Members of
Congress or Congressional staff, staff of the Office of Management and Budget, other persons
interested in the work of the Commission, and members of the news media.
</p><p>--Law Enforcement In the event that a system of records maintained by FCSC to carry out its
functions indicates a violation or potential violation of law, whether civil or criminal or
regulatory in nature and whether arising by general statute or particular program statute or order
issued pursuant thereto, the relevant records in the system of records may be referred, as a routine
use, to the appropriate agency, whether Federal, State, local or foreign, charged with enforcing or
implementing the statute, or rule, regulation or order issued pursuant thereto.
</p><p>--A record, or any facts derived therefrom, may be disclosed in a proceeding before a court
or adjudicative body before which the FCSC is authorized to appear or to the Department of Justice
for use in such proceeding when:
</p><p>i. The FCSC, or any subdivision thereof, or
</p><p>ii. Any employee of the FCSC in his or her official capacity, or
</p><p>iii. Any employee of the FCSC in his or her official capacity where the Department of Justice has
agreed to represent the employee, or
</p><p>iv. The United States, where the FCSC determines that the litigation is likely to affect it or
any of its subdivisions is a party to litigation or has an interest in litigation and such records
are determined by the FCSC to be arguably relevant and necessary to the litigation and such
disclosure is determined by the FCSC to be a use compatible with the purpose for which the records
were collected.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Paper records maintained in file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Filed numerically by claim number. Alphabetical index used for identification of claim (see
system "Justice/FCSC’1"  above).
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Under security safeguards at the Washington National Records Center.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records maintained under 5 U.S.C. 301. Disposal of records will be in accordance with 44
U.S.C. 3301-3314 when such records are determined no longer useful.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Administrative Office, Foreign Claims Settlement Commission, 600 E Street, Northwest, Suite
6002, Washington, DC 20579. Telephone: 202/616-6975. Fax: 202/616-6993.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Set forth in part 504 of title 45, Code of Federal Regulations.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Claimant on whom the record is maintained.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FCSC-26</systemNumber>
<subsection type="systemName">Albania, Claims Against.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Washington National Records Center, 4205 Suitland Road, Washington, DC 20409.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>U.S. nationals with claims for property losses in Albania.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Claim information, including name and address of claimant and representative, if any; date
and place of birth or naturalization; nature and amount of claim; description, ownership, and value
of property; other evidence establishing entitlement to compensation of claim.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title I, International Claims Settlement Act of 1949, as amended, and the Agreement Between
the Government of the United States of America and the Government of Albania on the Settlement of
Certain Outstanding Claims of March 10, 1995 (went into force April 18, 1995).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>To enable the Commission to carry out its statutory responsibility to determine the validity
and amount of the claims against Albania submitted to it.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>To appropriate agencies, entities, and persons when (1) The Commission suspects or has
confirmed that the
security or confidentiality of information in the system of records has been compromised; (2) the
Commission 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 Commission 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
Commission’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or
remedy such harm.
</p><p>The Commission may disclose relevant and necessary information to a former employee of the
Commission 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 of
Justice regulations; or facilitating communications with a former employee that may be necessary for
personnel-related or other official purposes where the Commission requires information and/or
consultation assistance from the former employee regarding a matter within that person’s former area
of responsibility.
</p><p>--Records are used for the purpose of adjudicating claims of individuals; issuance of
decisions concerning eligibility to receive compensation under the Act and Agreement; notifications
to claimants of rights to appeal; and preparation of certifications of awards, if any, to the
Treasury Department for payment. Names and other information furnished by claimants may be used for
verifying citizenship status with the Immigration and Naturalization Service.
</p><p>--The information contained in this system of records is considered by the Commission to be
public information which may be disclosed as a routine use to interested persons who make inquiries
about the claims program or individual claims therein including but not limited to Members of
Congress or Congressional staff, staff of the Office of Management and Budget, other persons
interested in the work of the Commission, and members of the news media.
</p><p>--Law Enforcement: In the event that a system of records maintained by FCSC to carry out its
functions indicates a violation or potential violation of law, whether civil or criminal or
regulatory in nature and whether arising by general statute or particular program statute or order
issued pursuant thereto, the relevant records in the system of records may be referred, as a routine
use, to the appropriate agency, whether Federal, State, local or foreign, charged with enforcing or
implementing the statute, or rule, regulation or order issued pursuant thereto.
</p><p>--A record, or any facts derived therefrom, may be disclosed in a proceeding before a court
or adjudicative body before which the FCSC is authorized to appear or to the Department of Justice
for use in such proceeding when:
</p><p>i. The FCSC, or any subdivision thereof, or
</p><p>ii. Any employee of the FCSC in his or her official capacity, or
</p><p>iii. Any employee of the FCSC in his or her official capacity where the Department of Justice has
agreed to represent the employee, or
</p><p>iv. The United States, where the FCSC determines that the litigation is likely to affect it or
any of its subdivisions is a party to litigation or has an interest in litigation and such records
are determined by the FCSC to be arguably relevant and necessary to the litigation and such
disclosure is determined by the FCSC to be a use compatible with the purpose for which the records
were collected.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Paper records maintained in file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Filed numerically by claim number. Alphabetical index used for identification of claim (see
system "Justice/FCSC-1"  above).
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Under security safeguards at the Washington National Records Center.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records maintained under 5 U.S.C. 301. Disposal of records will be in accordance with 44
U.S.C. 3301-3314 when such records are determined no longer useful.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Administrative Office, Foreign Claims Settlement Commission, 600 E Street, Northwest, Suite
6002, Washington, DC 20579. Telephone: 202/616-6975. Fax: 202/616-6993.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Set forth in part 504 of title 45, Code of Federal Regulations.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Claimant on whom the record is maintained.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FCSC-27</systemNumber>
<subsection type="systemName">Germany, Holocaust Survivors’ Claims Against.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Foreign Claims Settlement Commission, 600 E Street, Northwest, Room 6002, Washington, DC
20579.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Natural persons who assert claims for loss of liberty or damage to body or health as a
result of National Socialist measures of persecution conducted directly against them.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Claim information, including name and address of claimant and representative, if any; date
and place of birth or naturalization; nature and valuation of claim, including description of
measures of persecution; other evidence establishing entitlement to compensation for claim.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Pub. L. 104-99, and the Agreement Between the Government of the United States of
America and the Government of the Federal Republic of Germany Concerning Final Benefits to Certain
United States Nationals Who Were Victims of National Socialist Measures of Persecution of September
19, 1995.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>To enable the Commission to carry out its statutory responsibility to determine the validity
and amount of the claims before it.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>To appropriate agencies, entities, and persons when (1) The Commission suspects or has
confirmed that the
security or confidentiality of information in the system of records has been compromised; (2) the
Commission 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 Commission 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
Commission’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or
remedy such harm.
</p><p>The Commission may disclose relevant and necessary information to a former employee of the
Commission 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 of
Justice regulations; or facilitating communications with a former employee that may be necessary for
personnel-related or other official purposes where the Commission requires information and/or
consultation assistance from the former employee regarding a matter within that person’s former area
of responsibility.
</p><p>Records were used for the purpose of determining the validity and amount of claims; issuance of
decisions concerning eligibility to receive compensation under the claims statute and Agreement;
notifications to claimants of rights to appeal; preparation of decisions for certification to the
Secretary of State for use in diplomatic settlement negotiations with Germany; and preparation of
certifications of awards to the Secretary of the Treasury for payment. Names and other information
furnished by claimants may be used for verifying citizenship status with the INS. As required by the
authorizing statute, the information contained in this system of records will be maintained as
confidential information which will be exempt from disclosure to the public.
</p><p>--Law Enforcement: In the event that a system of records maintained by the FCSC to carry out
its functions indicates a violation or potential violation of law, whether civil or criminal or
regulatory in nature and whether arising by general statute or particular program statute or order
issued pursuant thereto, the relevant records in the system of records may be referred, as a routine
use, to the appropriate agency, whether Federal, State, local or foreign, charged with enforcing or
implementing the statute, rule, regulation or order issued pursuant thereto.
</p><p>--A record, or any facts derived therefrom, may be disclosed in a proceeding before a court
or adjudicative body before which the FCSC is authorized to appear or to the Department of Justice
for use in such proceeding when:
</p><p>i. The FCSC, or any subdivision thereof, or
</p><p>ii. Any employee of the FCSC in his or her official capacity, or
</p><p>iii. Any employee of the FCSC in his or her official capacity where the Department of Justice has
agreed to represent the employee, or
</p><p>iv. The United States, where the FCSC determines that the litigation is likely to affect it or
any of its subdivisions, is a party to litigation or has an interest in litigation and such records
are determined by the FCSC to be arguably relevant and necessary to the litigation and such
disclosure is determined by the FCSC to be a use compatible with the purpose for which the records
were collected.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Paper records maintained in file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Filed numerically by claim number. Alphabetical index used for identification of claim.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>At FCSC: Building employees security guards. Records are maintained in a locked room
accessible to authorized FCSC personnel and other persons when accompanied by such personnel.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained in accordance with 5 U.S.C. 301. Disposal of records will be in
accordance with 44 U.S.C. 3301-3314 when such records are determined no longer useful.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Administrative Officer, Foreign Claims Settlement Commission, 600 E Street, NW., Room 6002,
Washington, DC 20579; telephone 202-616-6975, fax 202-616-6993.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Set forth in part 504 of title 45, Code of Federal Regulations.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Claimant on whom the record is maintained.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FCSC-28</systemNumber>
<subsection type="systemName">Iraq, Registration of Potential Claims Against.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Foreign Claims Settlement Commission, 600 E Street NW, Room 6002, Washington, DC 20579.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Natural and juridical persons with potential claims against Iraq that are outside the
jurisdiction of the United Nations Compensation Commission.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Claim information, including name and address of claimant and representative, if any; date
and place of birth or naturalization; nature and valuation of claim, including description of
property or other asset or interest that is the subject of the claim; other evidence establishing
entitlement to compensation for claim.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Information in the system was collected under the Foreign Claims Settlement Commission’s
general authority to adjudicate claims conferred by 22 U.S.C. 1621 et seq.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>To enable the Commission to formulate recommendations concerning the drafting of legislation
to authorize formal adjudication of claims against Iraq.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>To appropriate agencies, entities, and persons when (1) The Commission suspects or has
confirmed that the
security or confidentiality of information in the system of records has been compromised; (2) the
Commission 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 Commission 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
Commission’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or
remedy such harm.
</p><p>The Commission may disclose relevant and necessary information to a former employee of the
Commission 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 of
Justice regulations; or facilitating communications with a former employee that may be necessary for
personnel-related or other official purposes where the Commission requires information and/or
consultation assistance from the former employee regarding a matter within that person’s former area
of responsibility.
</p><p>--Records are used for the purpose of determining the validity and amount of potential
claims, to facilitate planning for adjudication of such claims in the future. Names and other
information furnished by registrants may be used for verifying citizenship status with the INS.
Names and addresses of individual registrants will be subject to public disclosure. Other
information provided by the individual registrants will be maintained as confidential information
which will be exempt from disclosure to the public.
</p><p>--Law Enforcement: In the event that a system of records maintained by the FCSC to carry out
its functions indicates a violation or potential violation of law, whether civil or criminal or
regulatory in nature and whether arising by general statute or particular program statute or order
issued pursuant thereto, the relevant records in the system of records may be referred, as a routine
use, to the appropriate agency, whether Federal, State, local or foreign, charged with enforcing or
implementing the statute, rule, regulation or order issued pursuant thereto.
</p><p>--A record, or any facts derived therefrom, may be disclosed in a proceeding before a court
or adjudicative body before which the FCSC is authorized to appear or to the Department of Justice
for use in such proceeding when:
</p><p>i. The FCSC, or any subdivision thereof, or
</p><p>ii. Any employee of the FCSC in his or her official capacity, or
</p><p>iii. Any employee of the FCSC in his or her official capacity where the Department of Justice has
agreed to represent the employee, or
</p><p>iv. The United States, where the FCSC determines that the litigation is likely to affect it or
any of its subdivisions, is a party to litigation or has an interest in litigation and such records
are determined by the FCSC to be arguably relevant and necessary to the litigation and such
disclosure is determined by the FCSC to be a use compatible with the purpose for which the records
were collected.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Paper records maintained in file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Filed numerically by registration number. Alphabetical index used for identification of
registrant.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>At FCSC: Building employs security guards. Records are maintained in a locked room
accessible to authorized FCSC personnel and other persons when accompanied by such personnel.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained in accordance with 5 U.S.C. 301. Disposal of records will be in
accordance with 44 U.S.C. 3301-3314 when such records are determined no longer useful.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Administrative Officer, Foreign Claims Settlement Commission, 600 E Street, NW, Room 6002,
Washington, DC 20579; telephone 202-616-6975, fax 202-616-6993.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Set forth in part 504 of title 45, Code of Federal Regulations.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Registrant on whom the record is maintained.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FCSC-29</systemNumber>
<subsection type="systemName">Libya, Claims Against.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Offices of the Foreign Claims Settlement Commission, 600 E Street, NW., Suite 6002,
Washington, DC 20579.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Persons with claims against Libya covered by the August 14, 2008 Claims Settlement Agreement
Between the United States of America and the Great Socialist People’s Libyan Arab Jamahiriya and
referred by the Department of State to the Foreign Claims Settlement Commission.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Claim information, including name and address of claimant and representative, if any; date
and place of birth or naturalization; nature of claim; description of loss or injury including
medical records; and other evidence establishing entitlement to compensation.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Authority to establish and maintain this system is contained in 5 U.S.C. 301 and 44 U.S.C.
3101, which authorize the Chairman of the Commission to create and maintain federal records of
agency activities, and is further described in 22 U.S.C. 1622e, which vests all non-adjudicatory
functions, powers and duties in the Chairman of the Commission.
</p><p>Purpose:</p>
<p>To enable the Commission to carry out its statutory responsibility to determine the validity
and amount of certain claims of U.S. nationals against Libya.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The information contained in this system of records will be disclosed by the Commission
under the following circumstances:
</p><p>a. To the Department of State and the Department of the Treasury in connection with the
negotiation, adjudication, settlement and payment of claims;
</p><p>b. 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 a Commission function related to this system of records;
</p><p>c. 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;
</p><p>d. Where a record, either alone or in conjunction with other information, indicates a violation
or potential violation of law--criminal, civil, or regulatory in nature--the relevant
records may be referred to the appropriate federal, state, local, territorial, tribal, or foreign
law enforcement authority or other appropriate entity charged with the responsibility for
investigating or prosecuting such violation or charged with enforcing or implementing such law;
</p><p>e. In an appropriate proceeding before a court, grand jury, or administrative or adjudicative
body, when the Department of Justice and/or the Commission 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;
</p><p>f. To a former employee of the Commission for purposes of: Responding to an official inquiry by a
federal, state, or local government entity or professional licensing authority, in accordance with
applicable Commission regulations; or facilitating communications with a former employee that may be
necessary for personnel-related or other official purposes where the Commission requires information
and/or consultation from the former employee regarding a matter within that person’s former area of
responsibility.
</p><p>g. 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
Commission 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 Commission 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
Commission’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or
remedy such harm.
</p><p>Storage:</p>
<p>Paper records maintained in file folders at the Commission’s office and an electronic
Microsoft Access database located on the Commission’s Server.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information from this system of records will be retrieved by claimant name, claim number
and/or decision number. An alphabetical index is used for identification of a claim by claimants’
name (see system "Justice/FCSC-1" originally published in the <i>Federal Register
</i>, June 10, 1999, 64 FR 31296).
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Paper records are under security safeguards at the Commission’s office. The electronic
records are safeguarded by the DOJ JCON security procedures. Access to the Commission’s data
requires a password and is limited to Commission employees and contractors with appropriate security
clearances.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained under 5 U.S.C. 301. Disposal of records will be in accordance with
the determination by the National Archives and Records Administration with regard to the
Commission’s request for Records Disposition Authority dated November 26, 2008.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Administrative Office, Foreign Claims Settlement Commission, 600 E Street, NW., Suite 6002,
Washington, DC 20579. Telephone: 202/616-6975. Fax: 202/616-6993.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>The Administrative Officer will inform any person or other agency about any correction or
notation of dispute made in accordance with title 45 CFR Sec. 503.7 of any record that has been
disclosed to the person or agency if an accounting of the disclosure was made.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>(a) Upon request in person or by mail, any individual will be informed whether or not a
system of records maintained by the Commission contains a record or information pertaining to that
individual. (b) Any individual requesting access to a record or information on himself or herself
must appear in person at the offices of the Foreign Claims Settlement Commission, 600 E Street, NW.,
Room 6002, Washington, DC, between the hours of 9 a.m. and 5 p.m., Monday through Friday, and (1)
Provide information sufficient to identify the record, e.g., the individual’s own name, claim and
decision number, date and place of birth, etc.; (2) Provide identification sufficient to verify the
individual’s identity, e.g., driver’s license, identification or Medicare card; and (3) Any
individual requesting access to records or information pertaining to himself or herself may be
accompanied by a person of the individual’s own choosing while reviewing the records or information.
If an individual elects to be so accompanied, advance notification of the election will be required
along with a written statement authorizing disclosure and discussion of the record in the presence
of the accompanying person at any time, including the time access is granted. (c) Any individual
making a request for access to records or information pertaining to himself or herself by mail must
address the request to the Administrative Officer (Privacy Officer), Foreign Claims Settlement
Commission, 600 E Street, NW., Room 6002, Washington, DC 20579, and must provide information
acceptable to the Administrative Officer to verify the individual’s identity. (d) Responses to
requests under this section normally will be made within ten (10) days of receipt (excluding
Saturdays, Sundays, and legal holidays). If it is not possible to respond to requests within that
period, an acknowledgment will be sent to the individual within ten (10) days of receipt of the
request (excluding Saturdays, Sundays, and legal holidays).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(a) Any individual may request amendment of a record pertaining to himself or herself
according to the procedure in paragraph (b) of this section, except in the case of records described
under paragraph (d) of this section. (b) After inspection by an individual of a record pertaining to
himself or herself, the individual may file a written request, presented in person or by mail, with
the Administrative Officer, for an amendment to a record. The request must specify the particular
portions of the record to be amended, the desired amendments and the reasons therefor. (c) Not later
than ten (10) days (excluding Saturdays, Sundays, and legal holidays) after the receipt of a request
made in accordance with this section to amend a record in whole or in part, the Administrative
Officer will: (1) Make any correction of any portion of the record which the individual believes is
not accurate, relevant, timely or complete and thereafter inform the individual of such correction;
or (2) Inform the individual, by certified mail return receipt requested, of the refusal to amend
the record, setting forth the reasons therefor, and notify the individual of the right to appeal
that determination as provided under 45 CFR Sec. 503.8. (d) The provisions for amending records do
not apply to evidence presented in the course of Commission proceedings in the adjudication of
claims, nor do they permit collateral attack upon what has already been subject to final agency
action in the adjudication of claims in programs previously completed by the Commission pursuant to
statutory time limitations.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Claimant on whom the record is maintained.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FCSC-30</systemNumber>
<subsection type="systemName">Iraq, Claims Against.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Offices of the Foreign Claims Settlement Commission, 600 E Street NW., Suite 6002, Washington, DC 20579.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Persons with claims against Iraq covered by the September 2, 2010, Claims Settlement Agreement Between the Government
of the United States of America and the Government of the Republic of Iraq and referred by the Department of State to the
Foreign Claims Settlement Commission.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Claim information, including name and address of claimant and representative, if any; date and place of birth or
naturalization; nature of claim; description of loss or injury including medical records; and other evidence establishing
entitlement to compensation.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Authority to establish and maintain this system is contained in 5 U.S.C. 301 and 44 U.S.C. 3101, which authorize the
Chairman of the Commission to create and maintain federal records of agency activities, and is further described in 22
U.S.C. 1622e, which vests all non-adjudicatory functions, powers and duties in the Chairman of the Commission.
</p><p>Purpose:</p>
<p>To enable the Commission to carry out its statutory responsibility to determine the validity and amount of certain
claims of U.S. nationals against Iraq.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The information contained in this system of records will be disclosed by the Commission under the following
circumstances:
</p><p>a. To the Department of State and the Department of the Treasury in connection with the negotiation, adjudication,
settlement and payment of claims;
</p><p>b. 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 a Commission
function related to this system of records;
</p><p>c. 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;
</p><p>d. Where a record, either alone or in conjunction with other information, indicates a violation or potential violation
of law--criminal, civil, or regulatory in nature--the relevant records may be referred to the appropriate
federal, state, local, territorial, tribal, or foreign law enforcement authority or other appropriate entity charged with
the responsibility for investigating or prosecuting such violation or charged with enforcing or implementing such law;
</p><p>e. In an appropriate proceeding before the Commission, or before a court, grand jury, or administrative or
adjudicative body, when the Department of Justice and/or the Commission 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;
</p><p>f. To a former employee of the Commission for purposes of: Responding to an official inquiry by a federal, state, or
local government entity or professional licensing authority, in accordance with applicable Commission regulations; or
facilitating communications with a former employee that may be necessary for personnel-related or other official purposes
where the Commission requires information and/or consultation from the former employee regarding a matter within that
person’s former area of responsibility;
</p><p>g. 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 Commission 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
Commission 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 Commission’s efforts to respond
to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.
</p><p>Storage:</p>
<p>Paper records maintained in file folders at the Commission’s office and electronic records located on the Commission’s
Server.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information from this system of records will be retrieved by claim number and/or decision number. An alphabetical
index may be used by the Commission for identification of a claim by claimants’ name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Paper records are under security safeguards at the Commission’s office. The electronic records are safeguarded by the
DOJ JCON security procedures. Access to the Commission’s data requires a password and is limited to Commission employees
and contractors with appropriate security clearances.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained under 5 U.S.C. 301. Disposal of records will be in accordance with the determination by the
National Archives and Records Administration with regard to the Commission’s request for Records Disposition Authority
dated November 26, 2008.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Administrative Office, Foreign Claims Settlement Commission, 600 E Street NW., Suite 6002, Washington, DC 20579.
Telephone: (202) 616-6975. Fax: (202) 616-6993.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>The Administrative Officer will inform any person or other agency about any correction or notation of dispute made in
accordance with title 45 CFR Sec. 503.7 of any record that has been disclosed to the person or agency if an accounting of
the disclosure was made.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>(a) Upon request in person or by mail, any individual will be informed whether or not a system of records maintained
by the Commission contains a record or information pertaining to that individual. (b) Any individual requesting access to
a record or information on himself or herself must appear in person at the offices of the Foreign Claims Settlement
Commission, 600 E Street NW., Room 6002, Washington, DC, between the hours of 9 a.m. and 5:00 p.m., Monday through
Friday, and (1) Provide information sufficient to identify the record, e.g., the individual’s own name, claim and
decision number, date and place of birth, etc.; (2) Provide identification sufficient to verify the individual’s
identity, e.g., driver’s license, Medicare card, or other government issued identification; and (3) Any individual
requesting access to records or information pertaining to himself or herself may be accompanied by a person of the
individual’s own choosing while reviewing the records or information. If an individual elects to be so accompanied,
advance notification of the election will be required along with a written statement authorizing disclosure and
discussion of the record in the presence of the accompanying person at any time, including the time access is granted.
(c) Any individual making a request for access to records or information pertaining to himself or herself by mail must
address the request to the Privacy Officer, Foreign Claims Settlement Commission, 600 E Street NW., Room 6002,
Washington, DC 20579, and must provide information acceptable to the Administrative Officer to verify the individual’s
identity. (d) Responses to requests under this section normally will be made within ten (10) days of receipt (excluding
Saturdays, Sundays, and legal holidays). If it is not possible to respond to requests within that period, an
acknowledgment will be sent to the individual within ten (10) days of receipt of the request (excluding Saturdays,
Sundays, and legal holidays).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(a) Any individual may request amendment of a record pertaining to himself or herself according to the procedure in
paragraph (b) of this section, except in the case of records described under paragraph (d) of this section. (b) After
inspection by an individual of a record pertaining to himself or herself, the individual may file a written request,
presented in person or by mail, with the Administrative Officer, for an amendment to a record. The request must specify
the particular portions of the record to be amended, the desired amendments and the reasons therefor. (c) Not later than
ten (10) days (excluding Saturdays, Sundays, and legal holidays) after the receipt of a request made in accordance with
this section to amend a record in whole or in part, the Administrative Officer will: (1) Make any correction of any
portion of the record which the individual believes is not accurate, relevant, timely or complete and thereafter inform
the individual of such correction; or (2) Inform the individual, by certified mail return receipt requested, of the
refusal to amend the record, setting forth the reasons therefor, and notify the individual of the right to appeal that
determination as provided under 45 CFR Sec. 503.8. (d) The provisions for amending records do not apply to evidence
presented in the course of Commission proceedings in the adjudication of claims, nor do they permit collateral attack
upon what has already been subject to final agency action in the adjudication of claims in programs previously completed
by the Commission pursuant to statutory time limitations.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Claimant on whom the record is maintained.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/FCSC-31</systemNumber>
<subsection type="systemName">Claims Referred by the Department of State.
</subsection>
<subsection type="securityClassification"><xhtmlContent>
<p>Unclassified
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Offices of the Foreign Claims Settlement Commission, 600 E Street NW., Suite 6002, Washington, DC 20579.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Persons who file claims against a foreign government that are included within a category claims referred by the Department of
State to the Foreign Claims Settlement Commission pursuant to section 4(a)(1)(C) of the International Claims Settlement Act of 1949,
as amended, 22 U.S.C. 1623(a)(1)(C).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Claim information, including name and address of claimant and representative, if any; date and place of birth or naturalization;
nature of claim; description of loss or injury including medical records; and other evidence establishing entitlement to
compensation.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Authority to establish and maintain this system is contained in 5 U.S.C. 301 and 44 U.S.C. 3101, which authorize the Chairman of
the Commission to create and maintain federal records of agency activities, and is further described in 22 U.S.C. 1622e, which vests
all non-adjudicatory functions, powers and duties in the Chairman of the Commission.
</p><p>Purpose:</p>
<p>To enable the Commission to carry out its statutory responsibility to determine the validity and amount of certain claims of U.S.
nationals.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The information contained in this system of records will be disclosed by the Commission under the following circumstances:
</p><p>a. To the Department of State and the Department of the Treasury in connection with the negotiation, adjudication, settlement and
payment of claims;
</p><p>b. 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 a Commission function related to
this system of records;
</p><p>c. 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;
</p><p>d. Where a record, either alone or in conjunction with other information, indicates a violation or potential violation of
law--criminal, civil, or regulatory in nature--the relevant records may be referred to the appropriate federal, state,
local, territorial, tribal, or foreign law enforcement authority or other appropriate entity charged with the responsibility for
investigating or prosecuting such violation or charged with enforcing or implementing such law;
</p><p>e. In an appropriate proceeding before the Commission, or before a court, grand jury, or administrative or adjudicative body, when
the Department of Justice and/or the Commission 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;
</p><p>f. To a former employee of the Commission for purposes of: responding to an official inquiry by a federal, state, or local
government entity or professional licensing authority, in accordance with applicable Commission regulations; or facilitating
communications with a former employee that may be necessary for personnel-related or other official purposes where the Commission
requires information and/or consultation from the former employee regarding a matter within that person’s former area of
responsibility;
</p><p>g. 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.
</p><p>h. 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 Commission 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 Commission 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 Commission’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or
remedy such harm;
</p><p>i. To such recipients and under such circumstances and procedures as are mandated by federal statute or treaty.
</p><p>Storage:</p>
<p>Paper records maintained in file folders at the Commission’s office and electronic records located on the Commission’s Server.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information from this system of records will be retrieved by claim number and/or decision number. An alphabetical index may be
used by the Commission for identification of a claim by claimants’ name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Paper records are under security safeguards at the Commission’s office. The electronic records are safeguarded by the DOJ JCON
security procedures. Access to the Commission’s data requires a password and is limited to Commission employees and contractors with
appropriate security clearances.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained under 5 U.S.C. 301. Disposal of records will be in accordance with the determination by the National
Archives and Records Administration.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Foreign Claims Settlement Commission, 600 E Street NW., Suite 6002, Washington, DC 20579. Telephone: (202) 616-6975. Fax:
(202) 616-6993.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>The Administrative Officer will inform any person or other agency about any correction or notation of dispute made in accordance
with title 45 CFR 503.7 of any record that has been disclosed to the person or agency if an accounting of the disclosure was made.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>(a) Upon request in person or by mail, any individual will be informed whether or not a system of records maintained by the
Commission contains a record or information pertaining to that individual. (b) Any individual requesting access to a record or
information on himself or herself must appear in person at the offices of the Foreign Claims Settlement Commission, 600 E Street NW.,
Room 6002, Washington, DC, between the hours of 9 a.m. and 5:00 p.m., Monday through Friday, and (1) Provide information sufficient
to identify the record, e.g., the individual’s own name, claim and decision number, date and place of birth, etc.; (2) Provide
identification sufficient to verify the individual’s identity, e.g., driver’s license, Medicare card, or other government issued
identification; and (3) Any individual requesting access to records or information pertaining to himself or herself may be
accompanied by a person of the individual’s own choosing while reviewing the records or information. If an individual elects to be so
accompanied, advance notification of the election will be required along with a written statement authorizing disclosure and
discussion of the record in the presence of the accompanying person at any time, including the time access is granted. (c) Any
individual making a request for access to records or information pertaining to himself or herself by mail must address the request to
the Privacy Officer, Foreign Claims Settlement Commission, 600 E Street NW., Room 6002, Washington, DC 20579, and must provide
information acceptable to the Commission to verify the individual’s identity. (d) Responses to requests under this section normally
will be made within ten (10) days of receipt (excluding Saturdays, Sundays, and legal holidays). If it is not possible to respond to
requests within that period, an acknowledgment will be sent to the individual within ten (10) days of receipt of the request
(excluding Saturdays, Sundays, and legal holidays).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(a) Any individual may request amendment of a record pertaining to himself or herself according to the procedure in paragraph (b)
of this section, except in the case of records described under paragraph (d) of this section. (b) After inspection by an individual
of a record pertaining to himself or herself, the individual may file a written request, presented in person or by mail, with the
Administrative Officer, for an amendment to a record. The request must specify the particular portions of the record to be amended,
the desired amendments and the reasons therefor. (c) Not later than ten (10) days (excluding Saturdays, Sundays, and legal holidays)
after the receipt of a request made in accordance with this section to amend a record in whole or in part, the Administrative Officer
will: (1) Make any correction of any portion of the record which the individual believes is not accurate, relevant, timely or
complete and thereafter inform the individual of such correction; or (2) Inform the individual, by certified mail return receipt
requested, of the refusal to amend the record, setting forth the reasons therefor, and notify the individual of the right to appeal
that determination as provided under 45 CFR 503.8. (d) The provisions for amending records do not apply to evidence presented in the
course of Commission proceedings in the adjudication of claims, nor do they permit collateral attack upon what has already been
subject to final agency action in the adjudication of claims in programs previously completed by the Commission pursuant to statutory
time limitations.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Claimant on whom the record is maintained.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
    <section id="doj" toc="yes">
        <systemNumber>/FCSC-32</systemNumber>
    <subsection type="systemName">Claims Arising under the Guam World War II Loyalty Recognition Act, JUSTICE/FCSC-32.
       </subsection>
    <subsection type="securityClassification">
        <xhtmlContent>
            <p>Unclassified. </p>
        </xhtmlContent>
    </subsection>
    <subsection type="systemLocation">
        <xhtmlContent>
            <p>Offices of the Foreign Claims Settlement Commission, 600 E Street, NW, Suite 6002, Washington, DC 20579.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="systemManager">
        <xhtmlContent>
            <p>Chief Administrative Counsel, Foreign Claims Settlement Commission, 600 E Street, NW, Suite 6002, Washington, DC 20579. Telephone: (202) 616-6975. Fax: (202) 616-6993.  Email Jeremy.r.lafrancois@usdoj.gov.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="authorityForMaintenance">
        <xhtmlContent>
            <p> Authority to establish and maintain this system is contained in 5 U.S.C. 301 and 44 U.S.C. 3101, which authorize the Chairman of the Commission to create and maintain federal records of agency activities, and is further described in 22 U.S.C. 1622e, which vests all non-adjudicatory functions, powers and duties in the Chairman of the Commission.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="purpose">
        <xhtmlContent>
            <p>To enable the Commission to carry out its statutory responsibility to determine the validity and amount of claims arising under the Guam World War II Loyalty Recognition Act.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="categoriesOfIndividuals">
        <xhtmlContent>
            <p> Individuals who file claims pursuant to the Guam World War II Loyalty Recognition Act.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="categoriesOfRecords">
        <xhtmlContent>
            <p>Claim information, including name and address of claimant and representative, if any; date and place of birth or naturalization; nature of claim; description of loss or injury including medical records; and other evidence establishing entitlement to compensation.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="recordSourceCategories">
        <xhtmlContent>
            <p>Claimant on whom the record is maintained.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="routineUsesOfRecords">
        <xhtmlContent>
            <p>In addition to those disclosures generally permitted under 5 U.S.C. 552a(b), all or a portion of the records contained in this system of records 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.</p>
            <p>a. Upon the issuance of a final decision awarding compensation, the Commission will certify its decision and other necessary personal information to the Department of the Treasury in order to process payment of the claim.</p>
            <p>b. 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 a Commission function related to this system of records;</p>
            <p>c. 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;</p>
            <p>d. Where a record, either alone or in conjunction with other information, indicates a violation or potential violation of law – criminal, civil, or regulatory in nature – the relevant records may be referred to the appropriate federal, state, local, territorial, tribal, or foreign law enforcement authority or other appropriate entity charged with the responsibility for investigating or prosecuting such violation or charged with enforcing or implementing such law;</p>
            <p>e. In an appropriate proceeding before the Commission, or before a court, grand jury, or administrative or adjudicative body, when the Department of Justice and/or the Commission 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;</p>
            <p>f. To a former employee of the Commission for purposes of: responding to an official inquiry by a federal, state, or local government entity or professional licensing authority, in accordance with applicable Commission regulations; or facilitating communications with a former employee that may be necessary for personnel-related or other official purposes where the Commission requires information and/or consultation from the former employee regarding a matter within that person’s former area of responsibility;</p>
            <p>g. 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;</p>
            <p>h. To appropriate agencies, entities, and persons when (1) the Commission suspects or has confirmed that there has been a breach of the system of records; (2) the Commission has determined that as a result of the suspected or confirmed breach there is a risk of harm to the individuals, the Commission (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 Commission’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm;</p>
            <p>i. To another Federal agency or Federal entity, when the Commission 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;</p>
            <p>j. To such recipients and under such circumstances and procedures as are mandated by federal statute or treaty.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="policiesAndPractices">
        <xhtmlContent>
            <p>Paper records maintained in file folders at the Commission’s office and electronic records located on the Commission’s Server.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="retrievability">
        <xhtmlContent>
            <p>Records maintained in this system of records will be retrieved by claim number and/or decision number.  An alphabetical index may be used by the Commission for identification of a claim by claimants’ name.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="retentionAndDisposal">
        <xhtmlContent>
            <p>Records are maintained under 5 U.S.C. 301.  The Commission has submitted a record schedule, schedule no. DAA-0299-2017-0001, to the National Archives and Records Administration for review.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="safeguards">
        <xhtmlContent>
            <p>Paper records are under security safeguards at the Commission’s office.  Such safeguards include storage in a central location within a limited access building and a further limited access suite. Accordingly, access is limited to Commission employees and contractors with appropriate security clearances.  The electronic records are safeguarded by the DOJ JCON security procedures.  Access to the Commission’s data requires a password and is limited to Commission employees and contractors with appropriate security clearances.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="recordAccessProcedures">
        <xhtmlContent>
            <p>The Commission’s record access procedures are set forth in 45 CFR 503.5.  That section provides that (a) Any individual requesting access to a record or information on himself or herself in person must appear at the offices of the Foreign Claims Settlement Commission, 600 E Street, NW, Room 6002, Washington, DC, between the hours of 9 a.m. and 5:00 p.m., Monday through Friday, and (1) Provide information sufficient to identify the record, e.g., the individual's own name, claim and decision number, date and place of birth, etc.; (2) Provide identification sufficient to verify the individual's identity, e.g., driver's license, Medicare card, or other government issued identification; and (3) Any individual requesting access to records or information pertaining to himself or herself may be accompanied by a person of the individual's own choosing while reviewing the records or information. If an individual elects to be so accompanied, advance notification of the election will be required along with a written statement authorizing disclosure and discussion of the record in the presence of the accompanying person at any time, including the time access is granted.  (b) Any individual making a request for access to records or information pertaining to himself or herself by mail must address the request to the Privacy Officer, Foreign Claims Settlement Commission, 600 E Street, NW, Room 6002, Washington, DC 20579, and must provide information acceptable to the Commission to verify the individual's identity.  (c) Responses to requests under this section normally will be made within ten (10) days of receipt (excluding Saturdays, Sundays, and legal holidays). If it is not possible to respond to requests within that period, an acknowledgment will be sent to the individual within ten (10) days of receipt of the request (excluding Saturdays, Sundays, and legal holidays).</p>
        </xhtmlContent>
    </subsection>
    <subsection type="contestingRecordProcedures">
        <xhtmlContent>
            <p>(a) Any individual may request amendment of a record pertaining to himself or herself according to the procedure in paragraph (b) of this section, except in the case of records described under paragraph (d) of this section.  (b) After inspection by an individual of a record pertaining to himself or herself, the individual may file a written request, presented in person or by mail, with the Administrative Officer, for an amendment to a record. The request must specify the particular portions of the record to be amended, the desired amendments and the reasons therefor.  (c) Not later than ten (10) days (excluding Saturdays, Sundays, and legal holidays) after the receipt of a request made in accordance with this section to amend a record in whole or in part, the Administrative Officer will: (1) Make any correction of any portion of the record which the individual believes is not accurate, relevant, timely or complete and thereafter inform the individual of such correction; or (2) Inform the individual, by certified mail return receipt requested, of the refusal to amend the record, setting forth the reasons therefor, and notify the individual of the right to appeal that determination as provided under 45 CFR 503.8.  (d) The provisions for amending records do not apply to evidence presented in the course of Commission proceedings in the adjudication of claims, nor do they permit collateral attack upon what has already been subject to final agency action in the adjudication of claims in programs previously completed by the Commission pursuant to statutory time limitations.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="notificationProcedure">
        <xhtmlContent>
            <p>The Commission’s notification procedures are set forth in 45 CFR 503.5. That section provides that (a) Any individual requesting access to a record or information on himself or herself in person must appear at the offices of the Foreign Claims Settlement Commission, 600 E Street, NW, Room 6002, Washington, DC, between the hours of 9 a.m. and 5:00 p.m., Monday through Friday, and (1) Provide information sufficient to identify the record, e.g., the individual's own name, claim and decision number, date and place of birth, etc.; (2) Provide identification sufficient to verify the individual's identity, e.g., driver's license, Medicare card, or other government issued identification; and (3) Any individual requesting access to records or information pertaining to himself or herself may be accompanied by a person of the individual's own choosing while reviewing the records or information. If an individual elects to be so accompanied, advance notification of the election will be required along with a written statement authorizing disclosure and discussion of the record in the presence of the accompanying person at any time, including the time access is granted.  (b) Any individual making a request for access to records or information pertaining to himself or herself by mail must address the request to the Privacy Officer, Foreign Claims Settlement Commission, 600 E Street, NW, Room 6002, Washington, DC 20579, and must provide information acceptable to the Commission to verify the individual's identity.  (c) Responses to requests under this section normally will be made within ten (10) days of receipt (excluding Saturdays, Sundays, and legal holidays). If it is not possible to respond to requests within that period, an acknowledgment will be sent to the individual within ten (10) days of receipt of the request (excluding Saturdays, Sundays, and legal holidays).</p>
        </xhtmlContent>
    </subsection>
    <subsection type="exemptionsClaimed">
        <xhtmlContent>
            <p>None.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="history">
        <xhtmlContent>
            <p>None.</p>
        </xhtmlContent>
    </subsection>
</section>



<section id="doj" toc="yes">
<systemNumber>/FTTTF-001</systemNumber>
 <subsection type="systemName">Flight Training Candidates File System, FTTTF-001.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Foreign Terrorist Tracking Task Force (FTTTF), U.S. Department of Justice, Washington, DC
20530
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Aliens and persons designated by the Under Secretary of Transportation for Security, U.S.
Department of Transportation, pursuant to section 113 of the Aviation and Transportation Security
Act (ATSA) who are seeking training from a Federal Aviation Administration (FAA) certificated
instructor in the operation of any aircraft with maximum certificated takeoff weight of 12,500
pounds or more ("flight training candidates" ); flight instructors who wish to provide such training
("providers" ).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Flight training candidate applications and identifying information contained therein (e.g.,
name, date of birth, place of birth, country of residence, education, travel, etc.); authorizations
for the release of information; basic identifying information of providers (e.g., name, address,
telephone number, FAA certification number); classified risk assessment reports; records received
from the Federal Bureau of Investigation regarding the results of its fingerprint and name checks of
the flight training candidate; and electronic copies of correspondence to flight training
candidates, providers, the Immigration and Naturalization Service and the Department of State
advising them as to whether individual candidates have been determined to pose a risk to aviation or
national security.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Section 113 of the Aviation and Transportation Security Act, Pub. L. 107-71, codified
at 49 U.S.C. 44939; Homeland Security Presidential Directive-2, October 29, 2001, "Combating
Terrorism Through Immigration Policies."
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The system will be used to collect information and conduct the risk assessments required
under section 113 of ATSA.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Information may be disclosed from this system as follows:
</p><p>A. To flight training providers and other entities or persons in order to verify information
submitted by individual candidates, and to facilitate the necessary risk assessment.
</p><p>B. To the United States Department of State or other federal entities concerned with visas or
immigration matters for purposes of visa or status determinations and other risk warning and
assessment programs administered by such Department or entities.
</p><p>C. In the event that a record in this system, either alone or in conjunction with other
information, indicates a violation or potential violation of law--criminal, civil, or
regulatory in nature--the relevant records may be referred to the appropriate federal, state,
local, foreign, or tribal law enforcement authority or other appropriate agency charged with the
responsibility for investigating or prosecuting such violation or charged with enforcing or
implementing such law.
</p><p>D. In an appropriate proceeding before a court or administrative or regulatory body when records
are determined by the Department of Justice to be arguably relevant to the proceeding.
</p><p>E. 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.
</p><p>F. 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.
</p><p>G. To officials and employees of a federal agency or entity, including the White House, which
requires information relevant to a decision concerning the hiring, appointment, or retention of an
employee; the issuance of a security clearance; the execution of a security or suitability
investigation; the classification of a job; or the issuance of a grant or benefit.
</p><p>H. To federal, state, and local licensing agencies or associations which require information
concerning the suitability or eligibility of an individual for a license or permit.
</p><p>I. To a Member of Congress or staff acting on 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.
</p><p>J. 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.
</p><p>K. To the General Services Administration and National Archives and Records Administration in
records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>L. 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.
</p><p>M. To such recipients and under such circumstances and procedures as are mandated by federal
statute or treaty.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>All data in this system is maintained solely in electronic form.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Data is retrieved by the name of the flight training candidate or the provider.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information in this system is safeguarded in accordance with applicable rules and policies,
including the Department’s automated systems security and access policies. Classified information is
appropriately stored in secure facilities, databases, and containers and in accordance with other
applicable requirements. In general, records and technical equipment are maintained in buildings
with restricted access. The required system protection methods also restrict access. Access is
limited to those who have a need for access to perform their official duties.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records concerning an individual will be deleted from the system when: (a) The individual
reaches 99 years of age or 5 years have elapsed since a report of the individual’s death; or (b)
when no longer needed for reference, whichever is sooner (pending approval of the Archivist of the
United States).
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Foreign Terrorist Tracking Task Force, Department of Justice, 950 Pennsylvania
Avenue, NW., Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to the System Manager named above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Any flight training candidate or provider who submits information into the system will be
able to view online the information they submit through the use of a password. U.S. citizens and
Permanent Resident Aliens may seek access to additional information about a request for training by
writing to the System Manager listed above. 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 either notarized or submitted under penalty of perjury. Some
information may be exempt from access as described in the section entitled "Systems Exempted from
Certain Provisions of the Act."  A determination as to whether a record may be accessed will be made
at the time a request is received.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>U.S. Citizens or Permanent Resident Aliens who wish to contest, or seek amendment of, the
information maintained in the system should direct their requests to the System Manager listed
above. Requests should clearly and concisely state what information is being contested, the
reason(s) for contesting it, and the proposed amendment to the record. Some information may be
exempt from amendment and contesting record procedures as described in the section entitled "Systems
Exempted from Certain Provisions of the Act."  A determination as to whether a record may be amended
will be made at the time a request is received.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records will be obtained from flight training candidates;
providers; and individuals or entities having information pertinent to the determination of risk to
aviation or national security, including but not limited to purveyors of public source data,
governmental entities, and the FAA.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3), (d)(1), (2), (3) and
(4), and (e)(1) and (4)(I) of the Privacy Act, pursuant to 5 U.S.C. 552a(k)(1). This exemption
applies only to the extent that information in the system is subject to exemption pursuant to 5
U.S.C. 552a(k)(1).
</p><p>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 <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/INS-005</systemNumber>
 <subsection type="systemName">INS Image Storage and Retrieval System (ISRS).
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Headquarters, Regional Offices, Administrative Centers, Service Centers, District Offices,
Ports of Entry, and file control offices of the Immigration and Naturalization Service in the United
States as detailed in JUSTICE/INS-999, last published, April 13, 1999 (64 FR 18052). Other
offices having access to the system are: The Law Enforcement Support Center, 188 Harvest Lane,
Williston, Vermont 05495; the Central States Command Center, 10 West Jackson Boulevard, Chicago,
Illinois 60604; and the Forensic Document Laboratory, 8000 Westpark Drive, Suite 325, McLean,
Virginia 22101-3105.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Persons lawfully admitted for permanent residency; Asylees and Parolees lawfully admitted
for employment authorization (although, Asylees and Parolees are not initially covered under the
Privacy Act, these individuals often change their status to lawful permanent residents and at that
time will be covered by the Privacy Act); Commuters and other persons authorized for frequent border
crossing; Naturalized United States Citizens.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records consist of formatted data base records of personal biographical data including:
Name, date of birth, mother’s first name, father’s first name, and country of birth; and biometric
information (i.e., fingerprints, digital images of facial picture, and signatures).
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>8 U.S.C. 1103, 1321, and 1360.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>This system of records is used: To verify controlled INS documents issued to individuals
covered by the system; to assist the INS with its responsibility to detect and reduce fraudulent
entry to the United States; and to detect and reduce the proliferation of fraudulent INS documents.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Relevant information contained in this system of records may be disclosed as follows:
</p><p>A. 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.
</p><p>B. 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.
</p><p>C. To the General Services Administration and National Archives and Records Administration in
records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>D. To the appropriate agency/organization/task force, regardless of whether it is Federal, State,
local, foreign, or tribal, charged with the enforcement (e.g., investigation and prosecution) of a
law (criminal or civil), regulation, or treaty, of any record contained in this system of records
which indicates either on its face, or in conjunction with other information, a violation or
potential violation of that law, regulation, or treaty.
</p><p>E. 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.
</p><p>F. Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose
relevant and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>INS Image Storage and Retrieval System (ISRS) information is stored on magnetic media
(internal image server disk drives).
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Individual records are indexed and retrievable by name, alien registration number (A-
number), and application receipt number. In cases where an individual record can not be retrieved by
one of these key indexes, combinations of multiple data elements may be used (e.g. name, date of
birth, and country of birth) if necessary, to assist in the identification and retrieval of a unique
record.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Most INS offices are located in buildings under security guard, with access limited to INS
and other Federal Government employees and authorized visitors. All records are stored in spaces
which are locked outside of normal office hours at the Department of Justice Data Center. The
automated equipment is physically accessible only by authorized Department of Justice personnel.
Electronic access to the automated system is controlled by restricted password for use at remote
terminals in secured areas.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Image Storage and Retrieval System data records are retained in the system for a period of
75 years and them destroyed.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Associate Commissioner, Immigration Resources Management, Immigration and Naturalization
Service, 800 I Street, NW., Room 700, Washington, DC 20536.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries should be addressed to the system manager at the INS office where the record is
maintained or (if unknown) to the FOIA/PA Officer, INS, 425 I Street NW., Second Floor, Union Labor
Life Building, Washington, DC 20536.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Requests for access to records in this system shall be in writing and should be addressed to
the System Manager noted above or to the appropriate FOIA/PA Officer as indicated in System
Locations. Requests sent directly to the System Manager should be submitted by mail. Requests to the
FOIA/PA Officer may be submitted by mail. Requests to the FOIA/PA Officer may be submitted either by
mail or in person. If a request for access is made by mail, the envelope and letter shall be clearly
marked Privacy Access Request. Include a description of the general subject matter and if known, the
related file number. To identify a record, the requester should provide his or her full name, date
and place of birth, verification of identity in accordance with 8 CFR 103.21(b) or provide a
statement under penalty of perjury, alien number, the date and place of entry into or departure from
the United States and any other identifying information which may be of assistance in locating the
record. The requester shall also provide a return address for transmitting the records to be
released.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>An individual desiring to request amendments of records maintained in this system should
direct his or her request to the System Manager or to the appropriate FOIA/PA Officer noted in
System Locations. The request should state the information being contested, the reason(s) for
contesting it, and the proposed amendment thereof. Persons filing such requests should mark the
envelope with the following legend Privacy Act Amendment Request.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Basic information contained in this INS data repository is supplied by aliens wishing to
seek entry to the United States and/or those already in the United States seeking benefits from the
Immigration and Naturalization Service. External entities including Department of State overseas
consular offices and United States embassies and the Department of Labor may also provide data on
individuals seeking entry into the United States.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/INS-007</systemNumber>
 <subsection type="systemName">Orphan Petitioner Index and Files.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Headquarters, District offices and suboffices of the Immigration and Naturalization Service
(Service) in the United States and foreign countries, as detailed in JUSTICE/INS-999, last
published in the <i>Federal Register</i> on April 13, 1999 (64 FR 18052).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals who are prospective petitioners or who have filed an application for Advance
Processing of Orphan Petition under the Immigration and Nationality Act, as amended.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system contains form I-600A, Application for Advance Processing of Orphan
Petition, filed for advance processing of orphan petitions by prospective adoptive parent(s);
documentation of prospective adoptive parent(s)’ United States citizenship and marital status,
agency responses indicating whether prospective adoptive parent(s) have any arrest records; and home
studies which include statements of financial ability and other elements that relate to the ability
of the prospective adoptive parents to provide proper care to beneficiary orphans.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>8 U.S.C. 1103 and 1154; and 42 U.S.C. 14901.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Information in the system will be used by employees of the Immigration and Naturalization
Service to determine the status of pending requests or petitions, to locate related files and other
records promptly, and to determine the suitability of prospective petitioners as adoptive parents.
Information regarding the status and progress of cases and the suitability of prospective
petitioners as adoptive parents may be disseminated to other components of the Department of
Justice, Members of Congress, and the President. In addition:
</p><p>A. Relevant information from this system may be referred to the Department of State in the
processing of petitions or issuance of visas for benefits under the Immigration and Nationality Act,
as amended.
</p><p>B. Information from this system may be referred to officials of other federal, state and local
government agencies and adoption agencies and social workers to elicit information required for
making a final determination of the petitioner’s ability to care for a beneficiary orphan.
</p><p>C. To an attorney or representative who is acting on behalf of an individual covered by this
system of records as defined in 8 CFR 1.1(j) in conjunction with any proceeding before the
Immigration and Naturalization Service or the Executive Office for Immigration Review.
</p><p>D. 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.
</p><p>E. 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.
</p><p>F. To the General Service Administration (GSA) and the National Archives and Records
Administration (NARA) in records management inspections conducted under the authority of 44 U.S.C.
2904 and 2906.
</p><p>G. 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.
</p><p>H. To a court of adjudicative body before which the appropriate DOJ component 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 appropriate DOJ component to be arguably relevant to the litigation:
</p><p>(1) The DOJ component, or any subdivision thereof, or
</p><p>(2) Any employee of the DOJ in his or her official capacity, or
</p><p>(3) Any employee of the DOJ in his or her individual capacity where the DOJ has agreed to
represent the employee or has authorized a private attorney to represent him or her, and
</p><p>(4) The United States, where the DOJ determines that the litigation is likely to affect it or any
of its subdivisions.
</p><p>I. Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose
relevant and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained as paper records in file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by the name of the petitioner.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Most INS offices are located in buildings under security guard, with access limited to INS
and other Federal Government employees and authorized visitors. All records are stored in spaces
which are locked outside of normal office hours.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records from the advance processing file folders are retained for one year after the
completion of all advance processing. After one year the records are returned to the petitioner or
the responsible state or licensed agency. Materials which cannot be returned to the petitioner or
responsible state or licensed agency will be destroyed.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Associate Commissioner, Examinations, Immigration and Naturalization Service, 425 I Street,
NW, Washington, DC 20536.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries should be addressed to the District Director or Officer in Charge of the Service
office where the file is located. If the file location is not known, inquiries may be addressed to
the System Manager, as noted above. To enable the Service to identify whether the system contains a
record relating to an individual, the requester must provide the individual’s full name, date of
birth, place of birth, and a description of the subject matter.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A person desiring access to a record shall submit a request in writing to the agency
official designated under "Notification Procedure"  above. The requester must also identify the
record by furnishing the information listed under that caption. If a request to access a record is
made by mail, the envelope and letter shall be clearly marked "Privacy Act Request,"  and a return
address must be provided for transmitting any information.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>An individual desiring to request amendment of records maintained in this system of records
should direct his or her request to the System Manager or to the appropriate FOIA/PA Officer noted
in System Locations. The request should state the information being contested, the reason(s) for
contesting it, and the proposed amendment thereof. Persons filing such requests should mark the
envelope with the following legend "Privacy Act Amendment Request."
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in the system is obtained from requests and petitions filed by the petitioners,
public and private adoption agencies and social workers; and federal, state, local and foreign
government agencies.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>This system is exempt from subsection (d) of the Privacy Act. This exemption applies to the
extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(k)(1). INS
has published implementing regulations in accordance with the requirements of 5 U.S.C. 553(b), (c)
and (e) and these have been published in the <i>Federal Register</i>. See 28 CFR 16.99(e).
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/INS-011</systemNumber>
 <subsection type="systemName"> Password Issuance and Control System (PICS).
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Central, Regional, and District offices of the Immigration and Naturalization Service (INS)
as detailed in JUSTICE/INS-999.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Those INS employees, INS contractor employees, and other Federal, State or local government
employees for whom authorization to access and use INS automated data processing (ADP) systems has
been requested.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system of records consists of paper records (INS Form G-872, Request for ADP
Password) and an automated data base. INS Form G-872 contains personal identification data
such as name, social security number, office location code, organization code, ADP security
clearance information, office telephone number, company name of contractor employees, and a
statement by the supervisor certifying the official need for access. Upon approval of the request,
the user ID code and password issued will be included on the Form. The automated data base may
include information extracted from INS Form G-872 and from the Secrutiy Clearance Information
System (SCIS), JUSTICE/JMD-008. The SCIS data is necessary to determine the suitability and
trustworthiness to access the information.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103) as amended by sec. 274A
of the Immigration Reform and Control Act of 1986 (8 U.S.C. 1324) and Department of Justice Order
2640.2A which delegates ADP security authority to INS for maintaining and operating its systems.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The purpose of the system is to expedite determinations of eligibility to access INS
automated systems and to improve control by ADP Security Officers of ADP password and user ID
distribution.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Relevant information contained in this system of records may be disclosed as follows:
</p><p>A. Where there is an indication of violation or potential violation of law (whether civil,
criminal or regulatory in nature), to the appropriate agency (whether Federal, State, local or
foreign) charged with the responsibility of investigating or prosecuting such violations, or charged
with enforcing or implementing the statute, rule, regulation or order issued pursuant thereto.
</p><p>B. To the General Services Administration and the National Archives and Records Administration in
records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p><p>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 necessarty to accomplish an agency function related to this system of records.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Those records which can be accessed electronically are stored in a database on magnetic
disc. Forms G-872, Request for ADP Password, are maintained in file folders at Central,
Regional and District ADP Security Offices.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>These records are retrieved by social security number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>INS offices are located in buildings under security guard, and access to premises is by
official identification. Paper records are stored in locked files during non-duty hours. Access to
automated data is obtained through terminals which require the use of restricted passwords and user
IDs. Only designated Security Officers have access to PICS for creating and updating records of
users within their jurisdiction.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Inactive automated records are retained 10 years after date of last action and then deleted
from the system. INS Forms G-872, Request for ADP Password, are retained 3 years after final
action and then destroyed by shredding.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>The Servicewide system manager is the Director, Technical Services Branch, Data Systems
Division, Immigration and Naturalization Service, 425 I Street NW, Washington, DC 20536.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to the system manager identified above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Make all requests for access in writing to the Freedom of Information Act/Privacy Act
(FOIA/PA) Officer at the address identified above. Clearly mark the envelope and letter "Privacy Act
Request."  Provide the full name, social security number, user ID, and notarized signature of the
individual who is the subject of the record, and a return address.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Direct all requests to contest or amend information to the FOIA/PA Officer at the address
identified above. State clearly and concisely the information being contested, the reason for
contesting it, and the proposed amendment thereof. Clearly mark the envelope "Privacy Act Request."
The record must be identified in the same manner as described for making a request for access.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>INS Form 872, Request for ADP Password, completed by the supervisor or program manager, and
security clearance information extracted from SCIS, JUSTICE/JMD-008.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/INS-015</systemNumber>
 <subsection type="systemName"> Port of Entry Office Management Support System (POMS).
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Port of entry inspection facilities under the District Offices of the Immigration and
Naturalization Service (INS) in the United States as detailed in JUSTICE/INS-999.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>INS employees assigned inspection duties at United States ports of entry.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Personal identification information, e.g., name, address, social security number,
identification and stamp inspection numbers assigned to the inspectors; personnel-related data,
e.g., job and position titles, classification, step and grade; and resource management records,
e.g., work schedules, including leave and overtime worked, and costs data, including dollars
allocated to regular and overtime pay.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. chapters, 53, 54, 61, 63; 8 U.S.C. 1103; and 44 U.S.C. 3101.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information in this system will be used to assist management in scheduling leave, in
assigning and controlling overtime, in accounting for use of overtime funds, and in the overall
management of resources at the various ports of entry.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>There are no routine uses. Information will be accessible only to management, administrative
or operational personnel at a given port who need the information for port management and reporting.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p><p>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 necessarty to accomplish an agency function related to this system of records.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>These records are stored on hard disk and diskette.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>These records are retrieved by name and identification number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>INS offices are located in buildings under security guard and access to the premises is by
official identification. Access to records is restricted to INS employees through the use of
identification and password levels.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>These records are maintained 90 days after the employee is separated or transferred from
that port and then deleted from the system.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Commissioner, Inspections, 425 I Street, NW, Washington, DC 20536.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to Port Supervisor or System Manager identified above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Make all requests for access in writing to the Freedom of Information Act/Privacy Act
(FOIA/PA) Officer at the nearest INS office, or the INS office maintaining the desired records (if
known) by using the list of principal offices of the Immigration Naturalization Service Appendix,
JUSTICE/INS-999, published in the <i>Federal Register.</i> Clearly mark the envelope and
letter "Privacy Act Request."  Provide the full name and date of birth, with a notarized signature
of the individual who is the subject of the record, and a return address.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Direct all requests to contest or amend information in the record in writing to the FOIA/PA
Officer at one of the addresses identified above. State clearly and concisely the information being
contested, the reason for contesting it, and the proposed amendment thereof. Clearly mark the
envelope "Privacy Act Amendment Request."  The record must be identified in the same manner as
described for making a request for access.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The sources of information for POMS will be the employee and personnel management records.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/INS-016</systemNumber>
 <subsection type="systemName">Secondary Verification Automated Log (SVAL).
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Headquarters. Regional, District, and other offices of the Immigration and Naturalization
Service (INS) in the United States as detailed in JUSTICE/INS--999.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Immigrant aliens apply for Federal entitlements for whom INS receives a Form G-845,
Document Verification request, which is submitted by Federal and State entitlements agencies.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Temporary paper records include Form G-845 as submitted by the entitlement agencies
and contain the following data: Alien name and identifying number, name of the entitlement agency,
and immigration status as reported by the alien applicant. INS will update Form G-845 with
immigration status information and return it to the entitlement agency. However, identical data,
together with Form G-845 disposition data, will be recorded and maintained by INS on hard and
floppy disks as a record of secondary verifications made by the entitlement agencies.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>8 U.S.C. 1255a, 8 U.S.C. 1324a, 8 U.S.C. 1360 and 42 U.S.C. 1320b-7.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The SVAL JUSTICE/INS-016 system is used to maintain records of a second attempt by
entitlement agencies to verify immigration status by comparing paper documents (known as the
`’secondary verification" ). Secondary verification is conducted where eligibility for certain
benefits was not or could not be confirmed through direct access to an INS automated database
entitled "Alien Status Verification Index"  (ASVI), JUSTICE/INS-009 (known as the "primary
verification" ). Specifically, INS is asked to compare the entitlement agency’s paper record, Form G
-845 (which contains information provided by the immigrant aliens applying for Federal
entitlements), with INS paper records; complete the Form relative to immigration status; and return
it to the entitlement agency. The SVAL, JUSTICE/INS-016 system is maintained to track the
interim and final disposition of the second request to verify eligibility which may require referral
to an INS district office.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Relevant information contained in this system of records may be disclosed to the following:
</p><p>A. To a Federal, State, or local government agency in response to a request for information on
the status and/or disposition of a document verification request submitted by that agency.
</p><p>B. 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.
</p><p>C. To the General Services Administration and the National Archives and Records Administration in
records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Until they have been processed and returned to the entitlement agency, Forms G-845 are
kept in a card index file. Data extracted from the form is stored in personal computers on hard and
floppy disks.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>These records are retrieved by serial number, A-file number and/or name of immigrant
applicant.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>INS offices are located in buildings under guard and access to the premises is by official
identification. Access to personal computers is limited to INS employees and access to records in
this system is further restricted through user identification and discrete password functions to
assure that accessibility is limited.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Form G-845 is retained long enough to complete the verification, at which time the
form is returned to the entitlement agency. Completed verifications are archived on to a storage
disk monthly and destroyed five (5) years after the last month contained on the disk. Disposition
authority is INS Disposition Schedule NI-85-90-3.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Commissioner, Office of Records, Office of Examinations, Immigration and
Naturalization Service, 425 I Street NW, Washington, DC 20536.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address your inquiries about the system in writing to the system manager identified above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Make all requests for access in writing to the Freedom of Information Act/Privacy Act
(FOIA/PA) Officer at the nearest INS Office, or in the INS office maintaining the desired records
(if known) by using the List of Principal Offices of the Immigration and Naturalization Service
Appendix, JUSTICE/INS-999, published in the <i>Federal Register</i>. Clearly mark the envelope
and letter "Privacy Act Request."  Provide the A-file number and/or the full name and date of birth,
with a notarized signature of the individual who is the subject of the records, and a return
address.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Direct all requests to contest or amend information in the record to the FOIA/PA Officer at
one of the addresses identified above. State clearly and concisely the information being contested,
the reason for contesting it, and the proposed amendment thereof. Clearly mark the envelope and
letter "Privacy Act Request."  Provide the A-file number and/or the full name and date of birth,
with a notarized signature of the individual who is subject of the record, and a return address.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Form G-845, Request for Document Verification (furnished by entitlement agencies) and
INS immigration status records.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/INS-018</systemNumber>
 <subsection type="systemName">Automated Data Processing Equipment Inventory Management System (AIMS).
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Headquarters, Regional, District, and other offices of the Immigration and Naturalization
Service (INS) in the United States as detailed in JUSTICE/INS--999.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>INS employees who are responsible for the procurement and management of automated data
processing equipment (ADPE); and, contractors who have been assigned ADPE to use in developing
software programs for INS.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>An inventory reflecting (1) the ADPE procurement and management activities of INS employees
and (2) the identity of contractors using such equipment to develop software programs for INS. The
inventory will include information relating to the kinds and quantity of ADPE equipment procured,
the disposition of such equipment and the purpose for such disposition, and/or (where appropriate)
information relating to the reassignment of responsibility for the equipment. Such reassignment may
be made based upon the resignation or transfer of responsible employees, upon the expiration of the
subject contracts, or otherwise upon the need to track the status or disposition of the equipment
and identify the management employee responsible therefor, e.g., removal of the equipment from the
inventory for repair purposes. Records will include identifying information such as INS employee or
contractor name/title, social security number, office location/address and phone number, company
name of the contractor, and other relevant information such as the level of responsibility assigned
to the INS employee.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>8 U.S.C. 1103 and 40 U.S.C. 483.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>To provide accountability records relating to (1) INS employee management and disposition of
ADPE equipment and (2) contractor use of such equipment in developing software programs for INS. The
records will be used by management to track and account for the procurement and disposition of all
ADPE, and thus ensure the integrity and security of the ADPE inventory.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Relevant information contained in this system of records may be disclosed as follows:
</p><p>A. Where there is an indication of a violation or potential violation of law (whether civil,
criminal, or regulatory in nature), to the appropriate agency (whether Federal, State, local or
foreign) charged with the responsibility of investigating or prosecuting such violations, or charged
with enforcing or implementing the statute and/or the rule, regulation or order issued pursuant
thereto.
</p><p>B. 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.
</p><p>C. To the General Services Administration and the National Archives and Records Administration in
records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>D. 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The records are stored in a data base on magnetic disk.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>These records may be retrieved by INS employee and contractor name, machine serial number,
company name, or office location.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>The records are accessed from mainframe computer terminals located in INS offices that are
locked during non-duty hours. Access is obtained through terminals which require the use of
restricted passwords and user identification numbers. Only designated personnel have access to AIMS
for creating and updating ADPE Inventory records within their jurisdiction.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>A schedule for the retention and disposal of these records is under review and development.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>The Servicewide system manager is the Associate Commissioner, Information Resources
Management, Immigration and Naturalization Service, 425 I Street, NW, Washington, DC 20536.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address your inquiries to the system manager identified above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Make all requests for access in writing to the Freedom of Information Act/Privacy Act
(FOIA/PA) Officer at the address identified above. Clearly mark the envelope and letter "Privacy Act
Request."  Provide the full name, social security number, user identification number, and notarized
signature of the individual who is the subject of the records, and a return address.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Direct all requests to contest or amend information to the FOIA/PA Officer at the address
identified above. State clearly and concisely the information being contested, the reason for
contesting it, and the proposed amendment thereof. Clearly mark the envelope and letter "Privacy Act
Request."  The record must be identified in the same manner as described for making a request for
access.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The individuals covered by the system are the record sources.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/INS-020</systemNumber>
 <subsection type="systemName">Finance Section Indexes.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Headquarters, Regional and District offices, Administrative Centers, Service Centers, and
other file control offices of the Immigration and Naturalization Service (INS) in the United States
as detailed in JUSTICE/INS-999.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Creditors and debtors, including:
</p><p>(a) Individuals who are indebted to the United States Government, whether it be for goods,
services, or benefits, or for administrative fines and assessments, etc.
</p><p>(b) Employees who have received travel advances or overpayments from the United States
Government, who are in arrears in their accounts, or who are liable for damage to Government
property.
</p><p>(c) Vendors who have furnished supplies, material, equipment, and/or services to the Government.
</p><p>(d) Employees and witnesses who have performed official travel.
</p><p>(e) Employees and other individuals who have a claim against the Government.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Accounts with creditors--Records include vendors’ invoices, purchase orders, travel
vouchers, and claims.
</p><p>Accounts with debtors--Records include bills for inspection services performed under the
Immigration and Naturalization Act of March 2, 1931; fees, fines, penalties, vendor indebtedness for
overpayments, and deportation expenses assessed pursuant to the  Immigration and Nationality Act;
and employee indebtedness for travel advances, for the unofficial use of Government facilities and
services, for damage to or loss of Government property, and for erroneous or overpayment of
compensation for travel expenses.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>(1) Sec. 103, 265 and 290 and Title III of the Immigration and Nationality Act (66 Stat.
163), as amended (8 U.S.C. 1103; 8 U.S.C. 135; 8 U.S.C. 1360), and the regulations pursuant thereto;
(2) 31 U.S.C. 66a.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>This system of records is used to provide an accounting of the financial activities of the
INS, including accounts receivable and accounts payable, and to assist management in the
administration of these activities. Further, the system provides the necessary information to meet
external fiscal reporting requirements and respond to written inquires and complaints by the public.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Relevant information contained in this system of records may be disclosed as follows:
</p><p>A. Where the record, either on its face or in  conjunction with other information, indicates a
violation or potential violation of law (whether civil, criminal or regulatory in nature) to the
appropriate agency, (whether federal, state, local or foreign) charged with the responsibility of
investigating or prosecuting such violations or charged with enforcing or implementing the related
statute, rule, regulation or order issued pursuant thereto.
</p><p>B. To other Federal or State agencies as specified in applicable law or implementing regulations.
</p><p>C. To the Internal Revenue Service (IRS) to obtain taxpayer mailing addresses for the purpose of
locating such taxpayer to collect or compromise a Federal claim against the taxpayer. Addresses
obtained  from IRS may be redisclosed to consumer reporting agencies, but only for the purposes of
allowing these agencies to prepare a commercial  credit report for INS use.
</p><p>D. To employers to effect salary or administrative offsets to satisfy a debt owed the United
States by that person; or, when other collection efforts have failed, to the IRS to effect an offset
against Federal income tax refund due. Such disclosures will be made only when all procedural steps
(including due process) established by the Debt Collection Act have been taken.
</p><p>E. To a person or organization with whom the head of the agency has contracted for collection
services to recover indebtedness owed to the United States. Addresses of taxpayers obtained from the
IRS will also be disclosed, but only where necessary to locate such taxpayer to collect or
compromise a  Federal claim.
</p><p>F. To a Federal, State, local, or foreign agency or to an individual or organization if there is
reason to believe that such agency, individual, or organization possesses information relating to
the debt, the identity or location of the debtor, the debtor’s ability to pay, or relating to any
other matter which is relevant and necessary to the settlement, effective litigation and enforced
collection of the debt, or relating to the civil action trial or hearing, and the disclosure is
reasonably necessary to elicit such information or to obtain the cooperation of a witness or agency.
</p><p>G. In a proceeding before a court or adjudicative body before which INS or the Department of
Justice (DOJ) 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 INS or DOJ to be arguably relevant to the
litigation: The DOJ, or any DOJ component or subdivision thereof; any DOJ employee in his/her
official capacity; any DOJ employee in his/her individual capacity where the DOJ has agreed to
represent the employee; or the United States where INS or the DOJ determines that the litigation is
likely to affect it or any of its subdivisions.
</p><p>H. To any third party who may possess the information, such as the U.S. Post Office, State motor
vehicle administration, a professional organization, etc., to obtain a current mailing address in
order to locate a debtor.
</p><p>I. To an actual or potential party or to his or her attorney for the purpose of negotiation or
discussion on such matters as settlement of the case or matter, or informal discovery proceedings.
</p><p>J. To a Federal agency in connection with the hiring or retention of an employee, the issuance of
a security clearance, the reporting of an investigation of an employee, the letting of a contract,
or the issuance of a license, grant or other benefit by the requesting agency, to the extent that
the information relates to the requesting agency’s decision on the matter.
</p><p>K. To Federal, State, and local licensing agencies or association which require information
concerning the suitability or eligibility of an individual for a license or permit.
</p><p>L. 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.
</p><p>M. 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.
</p><p>N. To General Services Administration and National Archives and Records Administration in records
management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>31 U.S.C. 3711 requires that, where appropriate, the notice required by section 552(e)(4) of
title 5 must indicate that information in the system may be disclosed to a consumer reporting agency
pursuant to subsection (b)(12). Such notice is provided as follows:
</p><p>Disclosure to consumer reporting agencies:
</p><p>Notice of Disclosure to Consumer Reporting Agencies Under Subsection (b)(12) of the Privacy
Act
</p><p>Records relating to the identity of debtors and the history of claims may be disseminated to
consumer reporting agencies to encourage payment of the past-due debt. Such disclosures will be made
only when a claim is overdue and only after due process steps have been taken to notify the debtor
and give him or her a chance to meet the terms of the debt. Prior to such disclosure, satisfactory
assurances will be obtained from such consumer reporting agency concerning compliance by that agency
with the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) and any other Federal law governing the
provision of consumer credit information.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Generally, index records are recorded on cards and stored in file boxes and/or drawers.
Other paper records are kept in file folders. These records are also maintained on microfiche and
computer processable storage media. Inactive files are stored at the Federal Records Center.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are first retrieved by appropriation for the appropriate fiscal year and then by
creditor/debtor name and/or social security number, as well as by vendor identification number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>INS offices are located in buildings under security guard, and access to premises is by
official identification. All records are stored in spaces which are locked outside of normal office
hours. Many records are stored in cabinets or machines which are locked outside of normal office
hours. Access to automated records is controlled by restricted password for use of remote terminals
in secured areas.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Accounts with creditors and debtors are retained for two years from the close of the fiscal
year to which they relate and then are transferred to Federal Records Centers for storage and
disposition in accordance with General Records Schedules 6 and 7.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Commissioner, Office of Financial Management, Immigration and Naturalization
Service, 425 I Street, NW, Washington, DC 20536.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries may be addressed to the FOIA/PA Officer at the INS office where the record is
maintained, or to the System Manager or the FOIA/PA Officer, at 425 I Street, NW, Washington, DC
20536.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Requests for access to records in this system must be in writing, and should be addressed to
the System Manager or to the FOIA/PA Officer at the INS office where the record is maintained or (if
unknown) to the FOIA/PA officer at 425 I Street, NW, Washington, DC 20536. Such request may be
submitted either by mail or in person. The envelope and letter shall be clearly marked "Privacy
Access Request."  The requester should provide his or her full name, date and place of birth,
verification of identity (in accordance with 8 CFR 103.21(b)) and return address for transmitting
the records to be released. If  known, the requester should also identify the date or year in which
a debt was incurred, e.g., date of the invoice or purchase order.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Any individual desiring to contest or amend information maintained in the system should
direct his or her request to the INS System Manager or the appropriate FOIA/PA officer as indicated
under "Records Access Procedures."  The request should state clearly what information is being
contested, the reasons for contesting it, and the proposed amendment to the information.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>(1) Personnel who handle finance-related activities of the INS, such as payroll,
contracting, purchasing, travel-related payments and debt collections and (2) the individuals
covered by this system of records.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/INS-030</systemNumber>
 <subsection type="systemName">Job Swap/Job Exchange System (JOBX).
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Immigration and Naturalization Service (INS) Headquarters, Regional and District Offices,
and sub-offices as detailed in JUSTICE/INS-999.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals covered by the system would include all permanent INS employees interested in
applying to transfer to an identical position at another location.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records in this system of records contain personal data including social security number,
name, Service Computation Date-leave, performance appraisal rating and date, home and work
addresses, home and work telephone numbers, title, series, and grade, and personal resume
information voluntarily submitted by the employee.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 CFR 335.102(a).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The records in this system are part of a Merit Promotion and Reassignment Program and
consist of potential selectees for positions covered by the program. Records are maintained to allow
selecting officials to make valid selections, as well as to provide a record of applicant requests
for consideration. Also, records in the system are maintained as a means to track the transfers
allowed in the JOBX program. The JOBX program supports the Job Swap program by facilitating the non-
competitive swap of employees between two duty stations, provided they have the same title, series,
and grade. The Job Swap Program allows employees of encumbered positions to apply for and receive
changes in geological locations without waiting for vacancies to occur or new positions to be
established.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>A. To the Office of Personnel Management to enable the agency to make determination as
required by 5 CFR 335.103.
</p><p>B. In a proceeding before a court or adjudicative body before which INS or the Department of
Justice (DOJ) 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 INS or DOJ to be arguably relevant to the
litigation: (1) The DOJ, or any DOJ component or subdivision thereof; (2) any DOJ employee in his or
her official capacity; (3) any DOJ employee in his or her individual capacity when the DOJ has
agreed to represent the employee; and (4) the United States where INS or the DOJ determines that the
litigation is likely to affect it or any of its subdivisions.
</p><p>C. To the Merit Systems Protection Board or the Office of the Special Counsel in connection with
appeals, special studies of the civil service and other merit systems, review of office rules and
regulations, investigations of alleged or possible prohibited personnel practices, and such other
functions, e.g., as prescribed in 5 U.S.C. Chapter 12, or as may be authorized by law.
</p><p>D. To the Equal Employment Opportunity Commission, when requested, in connection with
investigations into alleged or possible discrimination practices in the Federal sector, examination
of Federal affirmative employment programs, compliance by Federal agencies with the Uniform
Guidelines or Employee Selection Procedures, or other functions vested in the Commission.
</p><p>E. 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.
</p><p>F. To General Services Administration and National Archives and Records Administration in records
management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>G. To the Federal Labor Relations Authority or its General Counsel when requested in connection
with investigations of allegations of unfair labor practices or matters before the Federal Service
Impasses Panel.
</p><p>H. 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.
</p><p>I. To disclose information to an arbitrator to resolve disputes under a negotiated grievance
procedure or to officials of labor organizations recognized under 5 U.S.C. Chapter 71 when relevant
and necessary to their duties of exclusive representation.
</p><p>J. To the Union when required by contract as part of the processing of a grievance and/or to an
arbitrator in the arbitration of a grievance.
</p><p>K. Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose
relevant and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information is stored on computer tapes, magnetic disks, and in file cabinets.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records may be retrieved by name, Social Security Number (SSN), or unique JOBX number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Most INS offices are located in buildings under security guard, and access to premises is by
official identification. Offices are locked during non-duty hours. Access to this system is obtained
through remote terminals that require the use of restricted passwords and a user ID. Paper records
will be maintained in locked file cabinets. The JOBX server will be maintained in a secure computer
facility.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are retained in accordance with General Records Schedule 1, items 4, 15, 23(a), and
33b.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, National Hiring Center, Room 400, Whipple Federal Building, One Federal Drive,
Fort Snelling, MN 55111.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries should be addressed to the system manager.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Requests for access to a record from this system shall be in writing (e.g., cc: Mail can
also be used internally). If a request for access is made by mail the envelope and letter shall be
clearly marked "Privacy Act Request."  The requester shall also provide a return address for
transmitting the records to be released. The requester shall include his or her full name and SSN.
An applicant can access his or her own record by logging onto the system using his or her own SSN
and password. This brings the applicant to the main menu screen. The applicant can select, "View
Application."  The form is printable. The applicant can also move among the screens. Authorized
selecting officials and coordinators can access records within their own budget location code; and
system administrators can access all records in the system.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Direct all requests to contest or amend information to the system manager noted above. State
clearly and concisely the information being contested, the reason for or contesting it, and the
proposed amendment thereof. Depending on the information, the coordinator or administrator will be
able to make the correction. If the inaccurate information is from the National Finance Center
records, the applicant should contact his or her servicing administrative center and report the
erroneous information. Clearly mark the envelope "Privacy Act Amendment Request."  The record must
be identified in the same manner as described for making a request for access.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information contained in this system or records is obtained from the individuals covered by
the system, or derived from information the individual supplied and from the National Finance Center
database.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/INTERPOL-001</systemNumber>
<subsection type="systemName">The INTERPOL-United States National Central Bureau (USNCB) Records System, JUSTICE/INTERPOL
-001.</subsection>
<subsection type="securityClassification"><xhtmlContent>
<p>Sensitive but Unclassified.</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>INTERPOL-U.S. National Central Bureau, Department of Justice, Washington, DC 20530 .
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Fugitives; wanted persons; criminal and non-criminal individuals who have been charged or
convicted, or are subjects of a criminal investigation with international aspects; individuals who
may be associated with stolen weapons, motor vehicles, artifacts, or similar items involved in a
crime; victims related to humanitarian or criminal investigations; witnesses or confidential sources
in a criminal investigation with international aspects; missing and/or abducted persons (including
alleged abductors or other individuals associated with a missing or abducted person), and persons
who are unable or unwilling to identify themselves; INTERPOL-USNCB, government and non-government
contractors, judicial or law enforcement personnel engaged in the performance of official duties;
applicants for a license, grant, contract or benefit; and applicants for positions with entities
performing law enforcement and non-law enforcement functions.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The program records of the INTERPOL-USNCB consist of criminal and non-criminal case files
which support the law enforcement and humanitarian functions performed by INTERPOL-USNCB. The files
contain electronic and hard copy records containing identifying particulars about covered
individuals including fingerprints, names, aliases, places and dates of birth, addresses,
photographs, physical descriptions, various identification numbers, DNA records or profiles, reason
for the records or lookouts, and details and circumstances surrounding the actual or suspected
violations, humanitarian requests or administrative/operational matters. Such records include
criminal investigative reports; criminal history records; registration records for criminal
offenders; USNCB case files and abstracts; applicant checks related to employment, security, and
regulatory matters, licenses, grants, contracts, or benefits, and related data; electronic messages;
e-mails; log sheets; notices; bulletins or posters; lookouts (temporary and permanent notices
including identification information on an individual or item of interest to law enforcement
authorities); warnings about potential threats to public safety from persons, events, or things;
investigative notes; computer printouts; letters; memoranda; witness statements; and records related
to deceased persons.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>22 U.S.C. 263A, and 28 CFR 0.34.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The system manages data on foreign and domestic criminal and non-criminal, humanitarian, and
related law enforcement matters. These records are maintained to assist and support international
law enforcement cooperation. The data includes fingerprints, photographs, criminal investigative
reports, criminal history records, registration records for criminal offenders, applicant checks,
licenses, facsimiles, letters, memoranda, electronic messages, e-mails, bulletins, posters, log
sheets, notices, investigative notes, computer printouts, and similar data. The data is used to
facilitate the sharing of information among federal, state, local, and tribal law enforcement-
related authorities in the United States, and foreign authorities engaged in law enforcement
functions including: the investigation of crimes and criminal activities, obtaining evidence,
enforcing and upholding the law, protecting against terrorism and other threats to public safety,
the sharing of law enforcement techniques, prevention of crime, assistance in humanitarian matters,
the location and arrest of fugitives and wanted persons, the location of missing persons,
identification of unknown bodies, border and immigration control, screening for the purpose of
establishing that an individual is not wanted or suspected of committing a crime, assisting in
litigation, the sharing of criminal history and background information used for investigative
purposes and to warn of possible threats to public safety or of someone likely to commit an offense,
determinations regarding the suitability of applicants for employment, and the issuance of a
license, grant, contract, or benefit.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Information may be disclosed as follows:
</p><p>(a) Where a record, either alone or in conjunction with other information, indicates a violation
or potential violation of law--criminal, civil, or regulatory in nature--the relevant
record may be referred to the appropriate foreign, federal, state, local, territorial, tribal, or
foreign law enforcement authority or other appropriate entity charged with the responsibility for
investigating or prosecuting such violation or charged with enforcing or implementing such law.
</p><p>(b) To any person or entity, and to the public generally, to the extent necessary to obtain
information or cooperation in efforts to locate, identify, or arrest, if appropriate, fugitives,
wanted persons, subjects of investigations, witnesses, missing persons, abducted persons, and
persons who are unable or unwilling to identify themselves.
</p><p>(c) To any entity maintaining civil, criminal or other information when necessary to obtain
information relevant to a decision by a foreign, federal, state, local, territorial, or tribal
agency 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.
</p><p>(d) To appropriate officials and employees of a federal agency or entity when the information is
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.
</p><p>(e) A record may be disclosed to designated officers and employees of foreign, 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.
</p><p>(f) 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.
</p><p>(g) To such recipients and under such circumstances and procedures as are mandated by federal
statute or treaty.
</p><p>(h) To the International Criminal Police Organization (INTERPOL) General Secretariat and National
Central Bureaus in member countries for criminal law enforcement, humanitarian purposes, and to warn
about persons who are possible threats to public safety; and to the INTERPOL Commission for Control
of Interpol’s Files, an international board comprised of five members having oversight
responsibilities regarding the purpose and scope of the information maintained and processed by
INTERPOL, for the purpose of facilitating the Commission’s functions of processing and responding to
individuals’ and other entities’ requests to Interpol for information about Interpol files.
</p><p>(i) 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.
</p><p>(j) To the news media and the public, including disclosures pursuant to 28 CFR 50.2, unless it is
determined that the release of the specific information in the context of a particular case would
constitute an unwarranted invasion of personal privacy.
</p><p>(k) 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.
</p><p>(l) 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.
</p><p>(m) 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.
</p><p>(n) To an actual or potential party to litigation or the party’s authorized representative for
the purpose of negotiation or discussion of such matters as settlement, plea bargaining, or in
informal discovery proceedings.
</p><p>(o) 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.
</p><p>(p) A record relating to a case or matter that has been referred by an agency, or that involves a
case or matter within the jurisdiction of an agency, or where the agency or its officials may be
affected by a case or matter, may be disseminated to such agency to notify the agency of the status
of the case or matter or of any decision or determination that has been made, or to make such other
inquiries and reports as are necessary during the processing of the case or matter.
</p><p>(q) To a foreign country, through the United States Department of State or directly to the
representative of such country, to the extent necessary to assist such country in apprehending
and/or returning a fugitive to a jurisdiction which seeks his return, or to assist such country in
civil or criminal proceedings in which the United States or one of its officers or agencies has an
interest.
</p><p>(r) A record relating to a person held in custody pending or during arraignment, trial, sentence,
or extradition proceedings, or after conviction or after extradition proceedings, may be
disseminated to a federal, state, local, or foreign prison, probation, parole, or pardon authority,
or to any other agency or individual concerned with the maintenance, transportation, or release of
such a person.
</p><p>(s) To a federal, state, local, tribal, foreign, or international law enforcement agency to
assist in the general crime prevention and detection efforts of the recipient agency or to provide
investigative leads to such agency.
</p><p>(t) To any entity or person where there is reason to believe that the recipient is or could
become the target of a particular criminal activity or conspiracy, to the extent the information is
relevant to the protection of life or property.
</p><p>(u) To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.</p>
<p>(v) To another Federal agency or Federal entity, when the Department 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.</p>
</xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information is stored in paper and in electronic form at the INTERPOL-USNCB and at the
Washington Federal Records Center. Certain limited data, e.g., that which concerns fugitives and
wanted, missing, or abducted persons, and persons who are considered a threat to public safety, is
stored in TECS, a system administered by Customs and Border Protection, U.S. Department of Homeland
Security, and in the National Criminal Information Center (NCIC) [JUSTICE/FBI-001], for a
limited time period, or until apprehended or located.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved primarily by name, system identification number, personal
identification numbers, passport numbers, and by weapon serial number or motor vehicle
identification number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information is safeguarded and protected in accordance with Department rules and procedures
governing the handling of computerized information. Only those individuals specifically authorized
have access to the INTERPOL-USNCB records. Access to INTERPOL-USNCB records is given only to those
individuals who require access to perform official duties. In addition, USNCB information resides in
the secured INTERPOL-USNCB offices that are staffed twenty-four hours a day, seven days a week.
Automated data is password secured.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Case files closed as of April 5, 1982 and thereafter are disposed of as follows: The hard
copy (paper record) will be retained on site at the INTERPOL-USNCB for two years after closing. At
the end of the two years post closing, the hard copy will be transferred to the Washington National
Records Center for storage. The hard copy (paper record) of the case file may be destroyed five
years after transfer to the Washington National Records Center, for a total of seven years post
closing, if there has been no case activity. Information contained in electronic case files will be
stored on a compact disc two years after closing the case and sent to the Washington National
Records Center for destruction in five years, or seven years after case closure, if there has been
no case activity. Automated information will be flagged as an archived case and maintained on the
LAN server for an indefinite period of time.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, INTERPOL-United States National Central Bureau, Department of Justice, Washington,
DC 20530.
</p><p>Records Management Officer, INTERPOL-United States National Central Bureau, Department of
Justice, Washington, DC 20530.
</p><p>Chief Information Officer, INTERPOL-United States National Central Bureau, Department of Justice,
Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries regarding whether the system contains a record pertaining to an individual may be
addressed to the Director, INTERPOL-United States National Central Bureau, Department of Justice,
Washington, DC 20530, or to the Freedom of Information Act (FOIA) Specialist at the same location.
To enable INTERPOL-USNCB personnel to determine whether the system contains a record relating to him
or her, the requester must submit a written request identifying the record system, identifying the
category and type of records sought, and providing the individual’s full name and at least two items
of secondary information (date of birth, social security number, employee identification number, or
similar identifying information).
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>The Attorney General has exempted the INTERPOL-USNCB system from the access, contest, and
amendment provisions of the Privacy Act. Some records may be available under the Freedom of
Information Act. Inquiries should be addressed to the FOIA/PA Officer, INTERPOL-United States
National Central Bureau, Department of Justice, Washington, DC 20530. The letter should be clearly
marked "Freedom of Information Request" and a return address provided for transmitting
any information to the requester. It should also include the Department of Justice Certificate of
Identity (FORM DOJ-361, available on the USNCB Web site), or an equivalent statement
certifying a requester’s identity under penalty of perjury.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>See "Record Access Procedures" above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system include investigating reports, notes,
correspondence, messages, photographs, fingerprints, and other identification materials from
federal, state, local, tribal and foreign law enforcement and non-law enforcement agencies
(including investigating reports from TECS or NCIC; other non-Department of Justice investigative
agencies; client agencies of the Department of Justice); statements of witnesses and parties; and
the work product of the staff of the INTERPOL-USNCB working on particular cases. Although the
organization uses the names INTERPOL-USNCB and INTERPOL Washington for purposes of public
recognition, the INTERPOL-USNCB is not synonymous with the International Criminal Police
Organization (ICPO or INTERPOL), which is a private, intergovernmental organization headquartered in
Lyon, France. The Department of Justice USNCB serves as the United States liaison with the INTERPOL
General Secretariat and works in cooperation with the National Central Bureaus of other member
countries, but is not an agent, legal representative, nor organization subunit of the International
Criminal Police Organization. The records maintained by the INTERPOL-USNCB are separate and distinct
from records maintained by INTERPOL and INTERPOL-USNCB does not have custody of, nor control over,
the records of the International Criminal Police Organization.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>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), and (k)(2) and (k)(5). 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 <i>Federal Register</i>.
<i>See</i> 28 CFR 16.103.
</p></xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p>75 FR 27821 (May 18, 2010): Last published in full.</p>
</xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/JMD-002</systemNumber>
<subsection type="systemName">Controlled Substances Act Nonpubic Records.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice, Justice Management Division, Information Management and Security
Staff, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Persons found guilty for the first time of violating section 404 of the Controlled
Substances Act (21 U.S.C. 844), i.e., persons who knowingly or intentionally possessed a controlled
substance, except as authorized by the Act, whose cases have been in subject of a disposition under
18 U.S.C. 3607(a) or an order of expungement under 18 U.S.C. 3607(c).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Arrest records of law enforcement agencies, which include personal data, photographs,
fingerprints, copies of court orders and Form OBD-140 (18 U.S.C. 3607).
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintained in accordance with Public Law 98-473,
Chapter II, the sentencing Reform Act of 1984 (18 U.S.C. 3607).
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>These records are retained by the Department of Justice and are available only to a Federal
court upon that court’s issuance of an order demanding such records solely for the purpose of use by
said court in determining whether or not a person found guilty of an offense under section 404 of
the Controlled Substances Act (21 U.S.C. 844) qualifies for the disposition provided in 18 U.S.C.
3607(a) or the expungement provided in 18 U.S.C. 3607(c).
</p><p>Release of information to the National Archives and Records Administration:
</p><p>Subject to approval by the Attorney General or the President under 44 U.S.C. 2906, a record from
this system of records may be disclosed to the National Archives and Records Administration (NARA)
as part of a records management inspection conducted under the authority of 44 U.S.C. 2904.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:  </p><p>Records are stored in a locked room.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are indexed by the name of the offender.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to these records is restricted to the Departmental Records Officer and Assistant
Director, Information Security and Records Management, information Management and Security Staff,
Justice Management Division.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are retained in accordance with records retention and disposal schedules approved by
the Archivist of the United States.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Information Management and Security Staff, Justice Management Division, U.S.
Department of Justice, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as the System Manager.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as the System Manger.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as the system manager.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Law enforcement agencies and Federal courts.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>The Attorney General has exempted the system from subsection (d) 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 <i>Federal Register</i>. A proposed rule which
update the justification for the exemption is being published in today’s <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>

<section id="doj" toc="yes">
<systemNumber>/JMD-003</systemNumber>
<subsection type="systemName">Department of Justice Payroll System, Justice/JMD-003.
</subsection>
<subsection type="securityClassification">
    <xhtmlContent>
        <p>Sensitive But Unclassified. </p>
    </xhtmlContent>
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>This system of records is managed by the Department of Justice (DOJ), Justice Management
Division (JMD), Director, Personnel Staff, Washington, DC 20530. DOJ has contracted with the
Department of Agriculture’s National Finance Center (NFC) in New Orleans, Louisiana, 70129, to
maintain payroll information and conduct payroll-related activities for its employees. Conversion to
the NFC began in July of 1991 and was incrementally completed as of May of 1993. Payroll records in
electronic or paper format may be found in the following locations:
</p><p>a. Post-Conversion Records: On a computer maintained by the NFC in New Orleans, Louisiana; and at
backup facilities in Philadelphia, Pennsylvania. Relevant data may also be stored on Justice Data
Center computers or servers at the DOJ for use in distributing payroll and accounting information to
the individual DOJ Bureaus and components. Paper and electronic payroll information may be kept at
various time and attendance recording and processing stations around the world. Paper records may be
located in the DOJ’s Personnel Staff, Washington, DC 20530, in servicing personnel offices
throughout the DOJ, and in the offices of employee supervisors and managers.
</p><p>b. Pre-Conversion Historical Records: On magnetic tape at the Justice Data Center in Rockville,
Maryland 20854; on microfiche maintained by the DOJ Finance Staff; and in paper format maintained by
the DOJ’s Finance and Personnel Staffs, servicing personnel offices, and offices of employee
supervisors and managers.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current and former DOJ employees.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Any and all records essential to the conduct of payroll-related activities. Included may be:
</p><p>&#149; Personal identifying/personnel data;
</p><p>&#149; Time and attendance records;
</p><p>&#149; Leave records;
</p><p>&#149; Allotment or deduction information such as bonds, garnishments, health benefits, life
insurance, Thrift Savings Plan (TSP), and other savings, retirement, and union dues;
</p><p>&#149; Travel and relocation information;
</p><p>&#149; Court orders to initiate garnishments;
</p><p>&#149; Check mailing and Direct Deposit / Electronic Funds Transfer information;
</p><p>&#149; Tax, withholding, and exemption information;
</p><p>&#149; Accounting and organization funding information;
</p><p>&#149; Salary, severance pay, award, and bonus information; active retirement records;
</p><p>&#149; Former employee pay records;
</p><p>&#149; Employee death records;
</p><p>&#149; Returned employee check and canceled salary payment records;
</p><p>&#149; Indebtedness records, e.g., overpayment of pay or travel.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 301, 5516, 5517, 5520; 26 U.S.C. 6011, 6109; 44 U.S.C. 3101.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>This system of records is maintained to enable the DOJ to administer the payroll and
payroll-related functions, and any other related financial matters, in accordance with applicable
laws and regulations and the requirements of the General Accounting Office (GAO), the Office of
Personnel Management (OPM), and the Federal Retirement Thrift Investment Board (FRTIB). It enables
the DOJ to prepare and document payment to all DOJ employees entitled to be paid and to effect all
authorized deductions from gross pay; to coordinate pay, leave and allowance operations with
personnel functions and other related activities; meet internal and external reporting requirements;
support investigations of fraud, the collection of debts, and litigation activities.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Pursuant to subsection (b)(3) of the Privacy Act, the DOJ may disclose relevant and
necessary data as follows:
</p><p>In accordance with an interagency agreement, as provided for in Office of Management and Budget
(OMB) implementing guidelines (40 FR 28948), the DOJ may disclose records to the U.S. Department of
Agriculture (USDA), National Finance Center (NFC), in order to effect all financial transactions on
behalf of the DOJ related to employee pay.
</p><p>Specifically, the NFC may effect employee pay or deposit funds on behalf of DOJ employees, and/or
it may withhold, collect or offset funds from employee salaries as required by law or as necessary
to correct overpayment or amounts due. For example, the NFC will routinely make the necessary
disclosures to the Treasury Department for the issuance of payments; to Federal, State, and local
authorities and the Social Security Administration for tax withholding; to OPM for retirement
contributions; and, according to employee directions, to the appropriate financial institutions,
charitable organizations, unions, health carriers, or other appropriate entities to effect such pay
distributions as savings bonds, charitable contributions, allotments, alimony, child support, union
dues, health and life insurance, and TSP contributions. In addition, the NFC will use the data to
perform related administrative activities such as to certify payroll vouchers chargeable to DOJ
funds; and either to perform or participate in routine audit/oversight operations of USDA/DOJ
management and/or of GAO, OMB, OPM, and FRTIB; and to meet related reporting requirements.
</p><p>In addition, where determined to be appropriate or necessary, the DOJ may disclose relevant
records from this system as follows; or, DOJ may authorize the NFC to make the disclosure:
</p><p>A. To Federal, State, or local housing authorities to enable these authorities to determine
eligibility for low cost housing.
</p><p>B. To heirs, executors and legal representatives of beneficiaries for estate settlement purposes.
</p><p>C. To State and local courts of competent jurisdiction for the enforcement of child support,
alimony, or both, pursuant to 42 U.S.C. 659.
</p><p>D. To individuals, organizations, or agencies to enable such person, organization, or agency to
determine the identity or location of a current or former Federal employee to collect debts owed,
where collection of such debts are authorized (either by statute, implementing regulation, or order
issued pursuant thereto) and the individual, organization, or agency, has provided sufficient
evidence as will reasonably validate such claims, e.g., where a spouse or creditor seeking to obtain
a garnishment of wages for such purposes as alimony and/or child support has provided a court order
to substantiate the indebtedness. Information relevant to the request for such garnishment may
include informing the individual, organization, or agency of the unavailability of funds where, for
example, a currently active garnishment precludes the implementation of a further garnishment.
</p><p>E. To the Office of Child Support Enforcement (OCSE), Administration for Children and Families,
Department of Health and Human Services, any information specifically required by statute or
implementing regulation or otherwise determined to be necessary and proper for OCSE’s use (as
outlined more specifically in relevant OCSE published Privacy Act systems of records) in locating
individuals owing child support obligations, and in establishing and collecting child support
obligations from such individuals, including enforcement action. Information disclosed may include:
name, address, date of birth, date of hire, duty station, and social security number of the
employee; the wages paid to the employee during the previous quarter; and the appropriate address
and Federal Employer Identification Number of the Department of Justice.
</p><p>F. To the appropriate Federal, State, or local agencies, e.g., to state unemployment agencies
and/or the Department of Labor, to assist these agencies in performing their lawful responsibilities
in connection with administering unemployment, workers’ compensation, or other benefit programs; and
similarly, to such agencies to obtain information that may assist the Department of Justice in
performing its lawful responsibilities as they relate to such benefit programs.
</p><p>G. To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.
</p><p>H. Where a record, either on its face or in conjunction with other information indicates a
violation or potential violation of law--criminal, civil, or regulatory in nature--the
relevant records may be referred to the appropriate Federal, State, local, foreign, or tribal, law
enforcement authority or other appropriate agency charged with the responsibility of investigating
or prosecuting such a violation or enforcing or implementing such law.
</p><p>I. To the Internal Revenue Service (IRS) to obtain taxpayer mailing addresses for the purpose of
locating such taxpayer to collect or compromise a Federal claim against the taxpayer.
</p><p>J. To a person or organization with whom the head of the agency has contracted for collection
services to recover indebtedness owed to the United States. Addresses of taxpayers obtained from the
IRS will also be disclosed, but only where necessary to locate such taxpayer to collect or
compromise a Federal claim.
</p><p>K. To a Federal, State, local, or foreign agency or to an individual or organization if there is
reason to believe that such agency, individual, or organization possesses information relating to
the debt, the identity or location of the debtor, the debtor’s ability to pay, or relating to any
other matter which is relevant and necessary to the settlement, effective litigation and enforced
collection of the debt, or relating to the civil action trial or hearing, and the disclosure is
reasonably necessary to elicit such information or to obtain the cooperation of a witness or an
agency.
</p><p>L. To employers to effect salary or administrative offsets to satisfy a debt owed the United
States by that person; or when other collection efforts have failed, to the IRS to effect an offset
against an income tax refund otherwise due.
</p><p>M. 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.
</p><p>N. 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, an individual who is the subject of
the record.
</p><p>O. 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.
</p><p>P. In an appropriate proceeding before a court, 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 holds the
records to be relevant to the proceeding.
</p><p>Q. 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.
</p><p>R. 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.
</p><p>S. 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.
</p><p>T. To another Federal agency or Federal entity, when the Department 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.</p>
    <p>Consistent with the foregoing routine use provisions, the Department may disclose records from
this system of records for use in a computer matching program (as defined in the Privacy Act, 5
U.S.C. 552a (a)(8)). In accordance with the requirements of the Privacy Act, the public will be
given advance notice in the <i>Federal Register</i> of the Department’s participation in any such
computer matching program(s).
</p><p>In addition to the above routine use disclosures under subsection (b)(3) of the Privacy Act, the
DOJ may make relevant and necessary disclosures as permitted by other Privacy Act disclosure
provisions.
</p><p>Finally, 31 U.S.C. 3711 requires that the notice required by the Privacy Act at 5 U.S.C. 552a (e)
(4) must indicate that information in the system may be disclosed to a consumer reporting agency
pursuant to subsection (b)(12). Such notice is provided as follows:
</p><p>Notice of Disclosure to Consumer Reporting Agencies Under Subsection (b)(12) of the Privacy Act:
Records relating to the identity of debtors and the history of claims may be disseminated to
consumer reporting agencies to encourage payment of the past-due debt. Such disclosures will be made
only when a claim is overdue and only after due process steps have been taken to notify the debtor
and give him or her a chance to meet the terms of the debt.
</p><p>(Any disclosures that may be made for debt collection purposes, whether made pursuant to
subsection (b)(3) or (b)(12) of the Privacy Act, would be made only when all the relevant due
process or procedural steps established by the relevant statutes and implementing regulations have
been taken.)
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are stored on disks, magnetic tapes, microfiche, paper, and direct access storage
device (DASD).
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by name or social security number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to premises where records are stored is restricted via building passes and security
guards. Access to all records is supervised and restricted to those employees with a need to know.
In addition, access to computerized records is protected by encryption, password, and appropriate
user ID’s. Access to terminals is limited to persons with terminal identification numbers. These
numbers are issued only to employees who have a need to know in order to perform job functions
relating to personnel and payroll matters.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are disposed of in accordance with General Records Schedule No. 2 issued by the
National Archives and Records Administration.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Personnel Staff, Justice Management Division, Department of Justice, National
Place Building, Room 1110, 1331 Pennsylvania Avenue, NW., Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>The individual may address inquiries to the servicing personnel office of the Department
component(s) by which he/she is or was employed. Address of Department components may be found in
Appendix I, to part 16 of 28 Code of Federal Regulations. Updated listings are available on the DOJ
Web site on the Internet (http://www.usdoj.gov/). The individual may also address his/her request to
the System Manager named above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to a record must be made in writing to the System Manager named above,
with the envelope and letter clearly marked "Privacy Act Access Request."  The request should
include a general description of the records sought. Include in the request the full name of the
requester, his or her current address, and date and place of birth, with notarized signature or
dated signature submitted under penalty of perjury (28 CFR 16.41(d)).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request 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.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Individuals covered by the system; agency records; financial institutions or employee
organizations; previous Federal employers; consumer reporting agencies; debt collection agencies;
and the courts.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p>69 FR 107 (Jan. 2, 2004): Last published in full. </p>
<p>72 FR 3410 (Jan. 25, 2007): Modified to add a new routine use. </p>
<p>72 FR 51663 (Sept. 10, 2007): Modified to revise existing and add new routine uses. </p>
</xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/JMD-005</systemNumber>
<subsection type="systemName">Records relating to grievances originating in an office, board or division (defined in 28
CFR 0.1) except for the Executive Office for United States Attorneys, are located in the Office of
the Assistant Director for Personnel Service. Records relating to grievances originating in the
Executive Office for United States Attorneys or in a United States Attorney’s office are located in
the office of the Personnel Officer, Executive Office for United States Attorneys. Records relating
to grievances originating in a particular bureau (defined in 28 CFR 0.1) are located in the central
personnel office of the bureau where the grievance originated, except for the Federal Bureau of
Investigation (FBI) which is excluded from coverage of the Agency Administrative Grievance System by
5 CFR 771.206(a). (See caption "System managers and addresses." )
</subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current or former Department of Justice employees, except for employees of the FBI, who have
submitted grievances in accordance with 5 CFR part 771 (Office of Personnel Management (OPM)
regulations) and the Department’s grievance procedures, or in accordance with a negotiated grievance
procedure.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system contains records relating to grievances filed by the agency employees under 5 CFR
part 771 and the Department’s grievance procedures, or under a negotiated grievance procedure. These
case files contain all documents related to the grievance, including statements of witnesses,
reports of interviews and hearings, examiner’s findings and recommendations, or arbitration award,
and a copy of any original and final decision and related correspondence and exhibits.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 552a(f); 5 CFR part 771; 5 U.S.C. 1032, 3301, 3302; E.O. 10577; 3 CFR 1954-
1958 Comp., p. 218.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>These records and information in these records may be used:
</p><p>a. To disclose pertinent information to another appropriate Federal, State, or local agency,
responsible for investigating, prosecuting, enforcing, or implementing a statute, rule, regulation,
or order, where the Department becomes aware of an indication of a violation or potential violation
of civil or criminal law or regulation.
</p><p>b. To disclose information to any source from which additional information is requested in the
course of processing a grievance to the extent necessary to identify the individual, inform the
source of the purpose(s) of the request, and identify the type of information requested.
</p><p>c. To disclose information to another Federal agency (in response to its request) for its use in
the hiring or retention of an employee, the issuance of a security clearance, the conducting of a
security and/or suitability investigation of an individual, the classifying of jobs, the letting of
a contract, or the issuance of a license, grant, or other benefit to the extent that the information
is relevant and necessary to its decision on the matter.
</p><p>d. To provide information to a congressional office from the record of an individual in response
to an inquiry from the congressional office made at the request of that individual.
</p><p>e. To disclose information to another Federal agency or to a court when the Government is party
to a judicial proceeding before the court.
</p><p>f. By the National Archives and Records Administration and the General Services Administration in
records management inspections conducted under the authority of 44 U.S.C. 2904 and 2908.
</p><p>g. By the Department or OPM in the production of summary descriptive statistics, if available,
and analytical studies in support of the function for which the records are collected and
maintained, or for related work force studies. While published statistics and studies do not contain
individual identifiers, in some instances the selection of data elements included in the study may
be structured in such a way as to make the data individually identifiable by inference.
</p><p>h. To disclose information to officials of the Merit Systems Protection Board; the Special
Counsel; the Federal Labor Relations Authority and its General Counsel; the Equal Employment
Opportunity Commission; or, the OPM when requested to perform their authorized duties.
</p><p>i. To disclose in response to a request for discovery or for appearance of a witness, information
that is relevant to the subject matter involved in a pending judicial or administrative proceeding.
</p><p>j. To provide information to labor organization officials recognized under the Civil Service
Reform Act when relevant and necessary to their duties of exclusive representation concerning
personnel policies, practices, and matters affecting work conditions.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>These records are maintained in file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>These records are retrieved by the names of the individuals on whom they are maintained.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>These records are maintained in lockable metal filing cabinets to which only authorized
personnel have access.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>These records are disposed of three years after closing of the case. Disposal is by
shredding or burning.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>a. Offices, Boards and Divisions, Assistant Director for Personnel Service, U.S. Department
of Justice, 633 Indiana Avenue, NW, Washington, DC 20530.
</p><p>b. Bureau of Prisons, Personnel Director, Bureau of Prisons, HOLC Building, 320 First Street, NW,
Washington, DC 20534.
</p><p>c. Drug Enforcement Administration, Deputy Assistant Administrator for Personnel, Drug
Enforcement Administration, 1405 I Street, NW, Washington, DC 20537.
</p><p>d. Immigration and Naturalization Service, Assistant Commissioner for Personnel and Training,
Immigration and Naturalization Service, CAB Building, 425 I Street, NW, Washington, DC 20530.
</p><p>e. Office of Justice Programs, Director, Office of Personnel, Office of Justice Programs, 633
Indiana Avenue, NW, Washington, DC 20530.
</p><p>f. United States Marshals Service, Personnel Officer, U.S. Marshals Service, 600 Army-Navy Dr.,
Arlington, VA 22202.
</p><p>g. Executive Officer for United States Attorneys, Personnel Officer, 601 D Street, NW, Patrick
Henry Building, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals who have filed grievances may contact the appropriate personnel office (named
under the caption "System managers"  and addresses"  above) where the action was processed regarding
the existence of such records on them. They must furnish the following information for the records
to be located and identified:
</p><p>a. Name.
</p><p>b. Approximate date of closing of the case and the subject matter of the grievance.
</p><p>c. Organization component involved.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals who have filed grievances may request access to the official copy of the
grievance file by contacting the appropriate personnel office (named under the caption "System
managers and addresses"  above) where the action was processed. Individuals must provide the
information listed under the caption "Notification procedures"  for their records to be located and
identified. Individuals requesting access must also follow the Department’s Privacy Act regulations
(28 CFR 16.41) regarding access to records and verification of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Review of requests from individuals seeking amendment of their records which have been the
subject of a judicial or quasi-judicial action will be limited in scope. Review of amendment
requests of these records will be restricted to determining if the record accurately documents the
action of the agency ruling on the case and will not include a review of the merits of the action,
determination, or finding.
</p><p>Individuals wishing to request amendment to the records to correct factual errors should contact
the personnel office (named under the caption "System managers and addresses"  above) where the
grievance was processed. Individuals must furnish the information listed under the caption
"Notification procedures"  for their records to be located and identified.
</p><p>Individuals requesting amendment must also follow the office’s Privacy Act regulations (28 CFR
16.41) regarding amendment to records and verifications of identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records is provided:
</p><p>a. By the individual on whom the record is maintained.
</p><p>b. By testimony of witnesses.
</p><p>c. By Department officials.
</p><p>d. From related correspondence from organizations or persons.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/JMD-007</systemNumber>
<subsection type="systemName">United States Department of Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
</subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>All individuals on whom vouchers are submitted requesting payment for goods or services
rendered (except payroll vouchers for Department of Justice employees,) including vendors,
contractors, experts, witnesses, court reporters, travelers, and employees.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>All vouchers processed, i.e., all documents required to reserve, obligate, process and
effect collection or payment of funds. (Excluded from the system are payroll vouchers.)
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The system is established and maintained in accordance with 31 U.S.C. 3512.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>After processing the vouchers, the records are used to maintain individual financial
accountability; to furnish statistical data (not identified by personal identifiers) to meet both
internal and external audit and reporting requirements; and to provide Administrative Officers from
the Officers, Boards and Divisions and the United States Marshals Service with information on
vouchers by name and social security number.
</p><p>Release of information to the news media. Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from system of records maintained by
the Department of Justice 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><p>Release of information to Members of Congress. Information contained in systems of records
maintained by the Department of Justice not otherwise required to be released pursuant to 5 U.S.C.
552 may be made available 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 request of the individual who is the
subject of the record.
</p><p>Release of information to the National Archives and Records Administration (NARA) and to the
General Services Administration (GSA): A record from a system of records may be disclosed as a
routine use to NARA and GSA in records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
</p><p>Release of taxpayer mailing address information. Information contained in the system or records
may be disclosed to the Internal Revenue Service (IRS) to obtain taxpayer mailing addresses for the
purpose of locating such taxpayer to collect or compromise a Federal claim against the taxpayer.
</p><p>Release of information to consumer reporting agencies. Information directly related to the
identity of debtors and the history of claims contained in the system or records may be disclosed to
consumer reporting agencies for the purpose of encouraging repayment of overdue debts. Such
disclosures will be made only when a claim is overdue and only after due process steps have been
taken to notify the debtor and give him or her a chance to meet the terms of the debt. Addresses of
taxpayers obtained from the Department of the Treasury will be disclosed to consumer reporting
agencies only for the purpose of allowing such agencies to prepare a commercial credit report on the
taxpayer for use by the Department.
</p><p>Release of information about debtors. Information contained in the system of records may be
disclosed in order to effect salary or administrative offsets to satisfy a debt owed the United
States by that person. Such disclosures will be made only when all procedural steps established by
the Debt Collection act have been taken.
</p><p>Release of information to debt collection agencies. Information contained in the system of
records may be disclosed to a person or organization with whom the head of the agency has contracted
for collection services to recover indebtedness owed to the United States. Addresses of taxpayers
obtained from the Department of the Treasury will also be disclosed, but only where necessary to
locate such taxpayer to collect or compromise a Federal claim.
</p><p>Release of information to United States Attorneys. Information contained in the system of records
may be disclosed to United States Attorneys’ offices for litigation and enforced collection.
</p><p>Release of information in a proceeding before a court or adjudicative body. Records within this
system or any facts derived therefrom, may be disseminated before a court or adjudicative body
before which the Justice Management Division is authorized to appear when i. the Justice Management
Division, or any subdivision thereof, or ii. any employee of the Justice Management Division in his
or her official capacity, or iii. any employee of the Justice Management Division in his or her
individual capacity where the Department of Justice has agreed to represent the employee, or iv. the
United States, where the Justice Management Division determines that the litigation is likely to
affect it or any of its subdivisions, is a party to litigation or has an interest in litigation and
such records are determined by the Justice Management Division to be arguably relevant to the
ligitation.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Magnetic disks, magnetic tapes, microfilm, and file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records on magnetic tapes and disks are primarily retrieved by social security number or
digital identifiers. Records covering all fiscal years prior to Fiscal Year 1983 are maintained in
paper form; as of Fiscal Year 1983 paper records have been converted to microfilm. Records in paper
form and on microfilm are retrieved by batch and controlled by schedule on which paid.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information contained in the system is unclassified. Operational access to information
maintained on magnetic disks is controlled by the convention of the operating system utilized. This
is normally by password key. These passwords are issued only to employees who have a need to know in
order to perform job functions relating to financial management and accountability. Records are also
safeguarded in accordance with organizational rules and procedures. Access is limited to personnel
of the Department of Justice who have a need for the records in the performance of their official
duties.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Magnetic disks, magnetic tapes, microfilm, and paper documents are retained for a period of
six years and three months and subsequently destroyed in accordance with regulations prescribed by
the General Accounting Office and promulgated by the General Services Administration.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Directors, Finance Staff, Office of the Comptroller, Justice Management Division, U.S.
Department of Justice, 10th &amp; Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as the System Manager.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as the System Manager.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as the System Manager.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Submitted by operating accounting personnel or individual of record.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/JMD-017</systemNumber>
<subsection type="systemName">Department of Justice (DOJ) Employee Transportation Management System, Justice/JMD-
017.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are located in the offices of the Employee Transportation Coordinator of the
respective DOJ components as listed in Appendix I of Part 16, 28 CFR. Records may also be maintained
at individual DOJ facilities or regional offices.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Covered are any individuals who may apply for or participate in the ridesharing, parking, or
transportation benefit programs of the DOJ. The term "transportation benefits"  include the transit
subsidy program and the transportation fringe benefits (tax exclusion) program. Individuals include:
(1) DOJ employees and other federal and non-federal agency employee applicants for, and/or
recipients of ridesharing information; (2) DOJ applicants for and/or recipients of parking
privileges; (3) DOJ and other federal and non-federal agency employees, who may participate as
riders in the parking program with DOJ employees who have applied for or who have been granted
parking privileges; (4) DOJ applicants for, and/or recipients of, transportation benefits and
authorized use of home-to-work transportation.
</p><p>DOJ employee applicants and recipients may include former DOJ employees; non-federal employees
may include private sector and other state and local government employees.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records in the system include any records necessary to carry out the responsibilities
authorized by law related to parking, ridesharing, and transportation benefit programs.
</p><p>Paper records may include DOJ car/vanpool parking space applications and written requests for
executive, unusual and handicapped parking assignments; ridesharing applications which provide or
request application information related to availability for car/vanpools, and/or which provide or
request similar information related to potential car/vanpool members; transportation benefit program
applications and certifications; correspondence to applications; documentation of usage; tax
information related to participation in the transportation benefit programs; Clean Air Act
information and paperwork documenting compliance with state requirements; and administrative reports
--including status reports and reports of disbursements to transportation benefit program
participants.
</p><p>Paper records may also include the notifications described under "Routine Uses of Records
Maintained in the System, ***."
</p><p>Computer records may include data from the employee applications and/or from personnel records.
Data from personnel records may include any data needed to process an application--such as that
needed to verify employment, e.g., federal service computation data, organization code, or that
needed to identify parking assignments or fare subsidies that are no longer valid, e.g., separation
date.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 301; Executive Order 12191 of February 1, 1980, on the Federal Facility Ridesharing
Program; the Federal Employees Clean Air Incentives Act (5 U.S.C. 7905), effective January 1, 1994;
Treatment of Employer-Provided Transportation Benefits (26 U.S.C. 132 et seq.), effective December
31, 1992; the Clean Air Act (42 U.S.C. 7418) regarding employee-owned vehicles operated on federal
facilities; and transportation benefit programs required by Executive Order 13150.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>Information in the system will be used to assign, manage, and control the use of vehicle
parking spaces and the issuance of transportation benefits; to assist employees and the public in
forming car/vanpools; to ensure compliance with the clean Air Act; and to ensure the integrity of
the parking and transportation benefit programs of the Department of Justice and other federal
agencies by validating parking assignments and transportation benefit program requests.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Relevant records may be disclosed:
</p><p>(1) As is necessary to respond to congressional inquiries on behalf of constituents;
</p><p>(2) To the National Archives and Records Administration in records management inspections
conducted under the authority of Title 44 U.S.C. 2904 and 2906;
</p><p>(3) To DOJ employees to enable them to contact other individuals covered by this system of
records for the purpose of forming or participating in car/vanpool.
</p><p>(4) To federal agencies and/or to the Metropolitan Council of Governments, and similar
organizations, to enable such organizations--through coordinating efforts with other federal
agencies--to provide information to any person for the purpose of contacting any individuals
covered by this system of records in order to form or participate in a car/vanpool. Disclosure may
include a list of program participants or, where appropriate, it may relate to only one or multiple
individuals.
</p><p>(5) To state transportation organizations, in summary form, in compliance with Clean Air Act
requirements and Departmental guidelines.
</p><p>(6) To federal agencies and DOJ parking and transportation benefit program managers. Parking
spaces may be assigned according to a variety of established priorities among federal agencies and,
in some instances, according to specific criteria, e.g., carpools with the greatest number of
participants (except in a tie). Therefore, these disclosures would enable other federal agencies and
DOJ to review the validity of parking space assignments, identify and take appropriate action with
respect to those who violate parking assignment policies (as set forth in published agency operating
procedures and policies), and thus allocate spaces fairly. In addition, because transportation
benefits are offered to encourage the use of public transportation for those not allocated parking
privileges, such disclosures would also enable other federal agencies and DOJ to ensure that both
parking privileges and transportation benefits are not provided to the same employee(s), unless
otherwise authorized.
</p><p>(7) To federal agencies, DOJ may also provide information as follows:
</p><p>DOJ Employee Information:
</p><p>(a) Upon request, either a list of DOJ employees, or an affirmative, negative or "non-DOJ
employee"  response as to whether or not a DOJ employee(s) (or name represented to be a DOJ
employee)--is listed as a participant (or as an applicant) in DOJ’s  parking or transportation
benefit programs; or is authorized to use a DOJ vehicle for home-to-work transportation (or has
requested such authorization). Disclosure is made to enable that federal agency to determine or
validate a DOJ employee’s eligibility to participate in its parking program.
</p><p>(b) Upon DOJ initiative, either a DOJ employee name(s) or a list on which DOJ employees are named
as participants (or as applicants) in DOJ’s parking or transportation benefit programs, or as
employees authorized to use a DOJ vehicle for home-to-work transportation (or as employees who have
requested such authorization). Disclosure is made to elicit an affirmative or negative response as
to whether such DOJ employee(s) participate with another federal agency employee in that agency’s
parking program (or have requested such participation), and thus enable DOJ to determine or validate
DOJ employee eligibility for any form of DOJ parking privileges, or for DOJ transportation benefits.
</p><p>Other Federal Agency Employee Information:
</p><p>(c) Upon request, either a list of another federal agency’s employees or an affirmative or
negative response as to whether or not such employee(s) participate (or have requested
participation) in DOJ’s parking program. Disclosure is made to enable that agency to determine or
validate eligibility for any form of parking privileges, or transportation benefits, for its
employees.
</p><p>(d) Upon DOJ initiative, either a federal agency employee name(s) or a list on which such
agency’s employee(s) are named as participating in DOJ’s parking program (or has requested such
participation). Disclosure is made to elicit from that agency an affirmative, negative, or "non-
employee"  response as to whether such employee(s) participate (or have requested participation) in
that agency’s parking or transportation benefit programs, or are authorized to use a vehicle for
home-to-work transportation (or have requested such authorization), and thus enable DOJ to determine
or validate other federal agency employee eligibility to participate in DOJ’s parking program.
</p><p>(e) To the Internal Revenue Service any document which provides information related to tax
matters.
</p><p>Non-Federal Employee Information:
</p><p>(f) Upon request, either the name(s) of non-federal employees, a list of names or a list which
includes their name(s). Disclosure is made to enable to the agency to determine whether a non-
federal employee may also be listed as a rider in DOJ’s parking program and, as a result, enable the
agency to determine or validate parking permit eligibility for its employees.
</p><p>(g) Upon DOJ initiative, either the name(s) of non-federal employees, a list of names, or a list
which includes their name(s). Disclosure is made to enable the DOJ to determine whether a non-
federal employees may also be listed as a rider in that agency’s parking program and, as a result,
enable the DOJ to determine or validate parking permit eligibility for DOJ employees.
</p><p>(8) 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.
</p><p>(9) Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose
relevant and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are stored in hard copy form and/or electronically.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records may be retrieved by individual name, social security number, residential zip code,
vehicle tag number, vehicle type, or other information from the application or personnel records.
Records may be retrieved by name or other identifier directly and/or by asking the system to
segregate a list, by name, of those who work for a particular DOJ component. Former DOJ employee
names are retrieved by asking the system to segregate a list, by name, of those parking participants
who have separated from employment with DOJ. Other federal agency employee names are retrieved by
asking the system to segregate a list, by name, of those parking participants who are identified as
employees of a particular federal agency. Non-federal agency employee names may be similarly
segregated.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>These files are stored in locked file cabinets in secured facilities, and access is
restricted to personnel having an official need. Automated records are protected through computer
password security.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Automated data is deleted from a data base within 180 days after any recordkeeping documents
have been produced when the individual covered by the system no longer participates in the Employee
Transportation Management program, e.g., when the employee is no longer on the ridesharing listing;
is no longer a member of a car/vanpool; or, no longer receives a transportation benefit. Parking
permit credentials shall be destroyed three months after the parking permits have either expired or
been returned (General Records Schedule 11). Documents relating to the administration of the transit
subsidy program and the transportation fringe benefit program shall be destroyed after the documents
are three years old (General Records Schedule 9). Documents in either paper or electronic form
relating to the disbursement of transportation pre-tax benefits to employees shall be destroyed
after seven years as approved by the National Archives and Records Administration.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Facilities and Administrative Services Staff, Justice Management Division, NPB
Suite 1070, Department of Justice, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals wanting to know whether information about them is maintained in this system of
records may review their own ridesharing, parking, transportation benefit, or other personal data
upon presentation of a picture identification card at the appropriate address indicated under
"Records Access Procedures."
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Except as otherwise noted, employees of the Offices, Boards, and Divisions (listed in
appendix I of part 16, 28 CFR) may appear in person or address their requests for access to:
Employee Transportation Coordinator, Facilities and Administrative Services Staff, Justice
Management Division, NPB Suite 1070, Department of Justice, Washington, DC 20530.
</p><p>Except as otherwise noted, employees of the bureaus (listed in appendix I of Part 16, 28 CFR) may
appear in person or address their requests for access to the following bureau officials, attention
Employee Transportation Coordinator: Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives,
650 Massachusetts Avenue, NW., Washington, DC, 20226.
</p><p>Director, Bureau of Prisons, HOLC Building, 320 First Street, NW., Washington, DC 20534
</p><p>Administrator, Drug Enforcement Administration, 700 Army Navy Drive, Arlington, VA 22202
</p><p>Director, Federal Bureau of Investigation, J. Edgar Hoover Building, 935 Pennsylvania Avenue,
NW., Washington, DC 20535-0001
</p><p>Director, U.S. Marshals Service, 600 Army Navy Drive, Arlington, VA 22202.
</p><p>In those cases where parking or transportation benefit records are maintained at an individual
DOJ facility or regional office, the parking or transportation coordinator at that facility or
office should be contacted first.
</p><p>Individuals who park in a DOJ building (or DOJ-leased space) other than the one in which they
work, may review their parking record by presenting the required identification to the Employee
Transportation Coordinator at the appropriate building address.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals may request changes to their own record by submitting the proposed changes in
writing at the appropriate address indicated under "Records Access Procedures."  Individuals who
submit proposed changes to information provided by third parties should be prepared to provide
information supporting their contention that such third-party information is erroneous.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>DOJ and other federal agency applicants; DOJ personnel records; state transportation
organizations; participating Department components and other federal agencies.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/JMD-019</systemNumber>
<subsection type="systemName">U.S. Department of Justice, Justice Management Division, 10th and Constitution Avenue NW,
Washington, DC 20530.
</subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Persons who have made a request to access any Justice Management Division (JMD) record
relating to JMD functional responsibilities and activities; individuals who have made a request to
access or correct records pertaining to themselves which they believed to be in JMD systems of
records; and persons who, on behalf of another individual, have made a request to access or correct
that individual’s records which they believed to be in JMD systems of records. Such requests were
made pursuant to the Freedom of Information Act, the Privacy Act, or both.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Manual records contain Freedom of Information Act and Privacy Act requests for JMD records,
responses thereto, and where applicable, a copy of the records requested and any other
correspondence or internal memoranda related to the processing of these requests. Automated records
(stored on disks) contain summary data such as the date of request, name of requester, addressee,
subject of request, date request was received, JMD staff to which request were assigned, date
request was assigned, date response was due, control number, and date of response.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintained pursuant to 44 U.S.C. 3101 and is maintained to
implement the provision of 5 U.S.C. 552 and 552a and the provision of 28 CFR 16.1 et. seq, and 28
CFR 16.40 et seq.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>To assist the Justice Management Division in carrying out its responsibilities under the
Freedom of Information Act and the Privacy Act.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>A record maintained in the system may be disseminated as a a routine use of such record as
follows: (1) A record may be disseminated to a Federal agency which furnished the record for the
purpose of permitting a decision as to access or correction to be made by that agency, or for the
purpose of consulting with that agency as to the propriety of access or correction; (2) a record may
be disseminated to any appropriate federal, state, local, or foreign agency for the purpose of
verifying the accuracy of information submitted by an individual who has requested amendment or
correction of records, contained in a system of records maintained by the Justice Management
Division.
</p><p>Release of information to the news media:
</p><p>Information permitted to be released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems or records maintained by the Department of Justice 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><p>Release of information to members of congress:
</p><p>Information contained in systems of records maintained by the Department of Justice, nor
otherwise required to be released pursuant to 5 U.S.C. 552, may be made available to a Member of
Congress or staff acting upon the Members’ 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.
</p><p>Release of information to the National Archives and Records Administration (NARA) and the General
Service Administration (GSA):
</p><p>A record from a system of records may be disclosed as a routine use to NARA and GSA in records
management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Manual requests records are stored in locked safes. Automated requests records are stored on
disks.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Requests records are filed and retrieved under the names of those persons and individuals
identified under the caption "Categories of individuals covered by the system. These records are
retrieved by Department personnel to perform their duties, e.g., when subsequent requests are made
by the public for copies of their previous requests and responses thereto, or when the requester
submits a supplemental request to information clarifying a previous request.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to requests records is limited to Department of Justice personnel who have need for
the records to perform their duties. Request files (manual records) are stored in locked safes. All
records are stored in an office which is occupied during the day and locked at night.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are disposed of in accordance with items 16 through 18 and 25 through 28 of General
Records Schedule 14.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Attorney General for Administration, U.S. Department of Justice, 10th and
Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as the System Manager.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request to access a record in this system shall be made in writing to the system manager
named above with the envelope and letter clearly marked "Freedom of Information Act request"  or
"Privacy Act request."  The requester shall include the full name of the person who made a request,
date of that request, name of official to whom the request was addressed, and subject of the
request. Where applicable (Title 28 of the Code of Federal Regulations section 16.41(b) (2) and
(3)), the requester shall also include the current address, date and place of birth, and notarized
signature of the individual requesting a copy of his/her previous request and response thereto.
Where applicable (Title 5 of the United States Code, section 552a(b)), the requester shall also
include a written statement authorizing the Department to release these records to a third party. In
addition, the requester shall provide his return address.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the system manager listed above, stating clearly and concisely what information is
being contested, the reasons for contesting it, and the proposed amendment to the information
sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The sources of information contained in this system are the individuals and persons making
requests, the systems of records searched in the process of responding to requests, and other
agencies referring requests for access to or correction of records originating in the Justice
Management Division.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted certain categories of records in this system from
subsections (c)(3) and (d) of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). That is, the
exemptions apply only to the extent that other correspondence or internal memoranda retained with
the request file contain investigatory material for law enforcement purposes. 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 <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/JMD-022</systemNumber>

<subsection type="systemName">Department of Justice Consolidated Asset Tracking System (CATS).
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Sensitive-But-Unclassified (SBU).
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice, Asset Forfeiture Management Staff, Washington, D.C. 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The system covers persons involved with the ownership of or claims upon property seized for
forfeiture under specified Federal statutes and law enforcement policies, including owners,
individuals possessing or controlling the property, other parties provided notification of the
seizure, lienholders, parties filing claims in contest of the seizure, petitioners, U.S. Attorneys,
investigative agents and contractors of the Federal Government.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Name, address, phone number, Social Security number, and other identifying information of
persons referenced in records pertaining to the administration, seizure, custody, notification,
claim, petition, forfeiture, disposal, equitable sharing, official use, income and expenses, service
of process, and abandonment of property seized for forfeiture.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>28 U.S.C. 524(c); 44 U.S.C. 3101.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>CATS supports the Federal Government participants in Department of Justice’s (DOJ) Asset
Forfeiture Program by meeting their operational and management reporting needs for all phases of the
asset forfeiture life-cycle including the following major business processes: seizure of forfeitable
assets; transfer and custody of seized assets; automation of legal notification and publication
requirements; receipt and processing of claims contesting the government’s grounds for forfeiture;
petition receipt and processing; litigation and administrative proceedings culminating in asset
forfeiture, disposal, and equitable sharing.
</p><p>CATS is an inventory database which stores and processes asset forfeiture data maintained by the
Department of Justice (DOJ). Some of the data are owned by other agencies of the Federal Government,
and DOJ serves as custodian for the data.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Relevant CATS data may be disclosed as follows:
</p><p>(1) Law enforcement information may be disclosed 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.
</p><p>(2) Where a record, either on its face or in conjunction with other information, indicates a
violation or potential violation of law--criminal, civil, or regulatory in nature--the
relevant records may be referred to the appropriate Federal, state, local, foreign, or tribal, law
enforcement authority or other appropriate agency charged with the responsibility of investigating
or prosecuting such a violation or enforcing or implementing such law.
</p><p>Relevant information may be disclosed:
</p><p>(3) 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.
</p><p>(4) 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.
</p><p>(5) 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.
</p><p>(6) 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.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not Applicable.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are stored in electronic form and on paper.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by unique asset identifiers, to include names of individuals (if
applicable), Social Security Numbers and Tax Identification Numbers.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information in this system is safeguarded in accordance with applicable rules and policies,
including the Department’s automated systems security and access policies. In general, records and
technical equipment are maintained in buildings with restricted access. The required use of password
protection identification features and other system protection methods also restrict access. Access
is limited to those who have an official need for access to perform their official duties.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>There are over 820,000 records stored in the system. A request for Records Disposition
Authority is pending with the National Archives and Records Administration.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Director of Systems (CATS), Asset Forfeiture Management Staff, Justice Management
Division, Department of Justice, 20 Massachusetts Ave., NW, Washington, DC 20530
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to System Manager named above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Requests for access must be in writing and should be addressed to the System Manager named
above. The envelope and letter should be clearly marked "Privacy Act Access Request."
</p><p>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.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend the information maintained in the system should
direct their request according to the Records Access procedures and to the System Manager listed
above, stating clearly and concisely what information is being contested, the reasons for contesting
it, and the proposed amendment to the information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in these systems include DOJ and other Federal Agencies
participating in the DOJ Asset Forfeiture Program.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/JMD-023</systemNumber>
<subsection type="systemName">Federal Bureau of Investigation Whistleblower Case Files.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>The system itself is not classified. However, items or records within the system may have
national security/foreign policy classifications.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records in this system are located at the Department of Justice, Justice Management
Division, Office of Attorney Recruitment and Management (OARM), 20 Massachusetts Avenue, NW., Suite
5100, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The records in the system relate to OARM’s adjudication of FBI whistleblower cases, and
customarily include: requests or recommendations for corrective action brought pursuant to 28 CFR
Part 27; the parties’ written comments, pleadings, and/or motions, correspondence between OARM and
the parties and OARM and the Conducting Offices; lists of witnesses, evidence and exhibits (to
include written documentation, audiotapes, and/or videotapes); deposition and hearing transcripts;
OARM’s Opinions and Orders; and any directive and/or decision by the Deputy Attorney General.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The records in the system relate to OARM’s adjudication process and customarily include the
employee’s request for corrective action (or OIG’s/OPR’s recommendation for corrective action), the
parties’ submissions, correspondence between OARM and the parties, and OARM’s Orders and Opinions.
These records may also include, but are not limited to, status conference notes, and evidentiary
submissions and exhibits (e.g., affidavits, depositions, video/audio tapes, electronic
communications, newspaper articles, etc.). Records in the system may also contain OIG/OPR Reports of
Investigation, including those that serve to terminate an investigation of alleged unlawful reprisal
(subject to 28 CFR 27.3(h) and (i)).
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 301; 44 U.S.C. 3101; 28 CFR Part 27.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The system maintains all documents and evidence filed with the Director of OARM pertaining
to requests for corrective action by employees of, or applicants for employment with, the FBI (or
recommendations for corrective action by OIG/OPR) brought under the FBI’s whistleblower regulations,
28 CFR Part 27. The records in the system are used by the Director of OARM to determine whether an
employee or applicant made a protected disclosure that was a contributing factor in the FBI’s
decision to take (or fail to take, or threaten to take or fail to take) a covered personnel action
against the employee or applicant and, if so, what, if any, corrective action can and should be
appropriately ordered.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Records or information from this system of records may be disclosed under the following
circumstances when it has been determined by the Department of Justice that such a need exists:
</p><p>1. 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.
</p><p>2. To a Member of Congress or staff acting upon the Member’s behalf when the Member or staff
requests information on behalf of, and at the request of, the individual who is the subject of the
record.
</p><p>3. To the National Archives and Records Administration for purposes of records management
inspections conducted under the authority of 44 U.S.C. 2904, 2906.
</p><p>4. Where a record, either on its face or in conjunction with other information, indicates a
violation or potential violation of law--criminal, civil, or regulatory in nature--the
relevant records may be referred to the appropriate Federal, State, local, foreign, or tribal law
enforcement authority or other appropriate agency charged with the responsibility of investigating
or prosecuting such a violation or enforcing or implementing such law.
</p><p>5. In an appropriate proceeding before a court, 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.
</p><p>6. To an actual or potential party to litigation or administrative proceeding, or to the party’s
authorized representative, for the purpose of negotiation or discussion of such matters as
settlement, plea bargaining, or in informal discovery proceedings.
</p><p>7. 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.
</p><p>8. To Federal, State, local, tribal, foreign, or international licensing agencies or associations
which require information concerning the suitability or eligibility of an individual for a license
or permit.
</p><p>9. 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.
</p><p>10. 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.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained in hard copy and in electronic form accessible with office automation
software on Department personal computers within OARM’s office suite.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by the name of the individual who has filed a request for
corrective action with OARM (or for whom OIG or OPR has made a recommendation for corrective action
to OARM) pursuant to a claim of unlawful reprisal brought under the FBI whistleblower regulations,
28 CFR Part 27.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information in this system is safeguarded in accordance with applicable rules and policies,
including the Department’s automated systems security and access policies. Records in this system
are maintained in restricted access space in Department of Justice controlled facilities and
offices. All physical access to the building where this system of records is maintained is
controlled and monitored by security personnel. Computerized data is password protected. The
information is accessed only by authorized Department personnel or by non-Department personnel
properly authorized to assist in the conduct of an agency function related to these records.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>PERMANENT. Transfer to the Washington National Records Center two years after closing.
Transfer to the National Archives 10 years after closing.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Office of Attorney Recruitment and Management, Justice Management Division,
Department of Justice, 20 Massachusetts Avenue, NW., Suite 5100, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to the System Manager named above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Requests for access must be in writing and should be addressed to the System Manager named
above. The envelope and letter should be clearly marked "Privacy Act Request."  Requests for access
to records must comply with the Department’s Privacy Act regulations, to include a general
description of the records sought, and 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.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request according to the Records Access procedures and to the System Manager 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 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.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records is obtained from the subject of the record and/or the
subject’s representative, the FBI, officials of the Department, and official Department documents.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>The Attorney General has exempted this system from 5 U.S.C. 552a(c)(3) and (4); (d)(1), (2),
(3), and (4); (e)(1), (2), (3), (5) and (8); and (g). 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)(2), and
(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 have been published in the <i>Federal Register</i>.

</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/JMD-024</systemNumber>
<subsection type="systemName">Attorney Student Loan Repayment Program Applicant Files, Justice/JMD-024.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>The information in this system is not classified.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records in this system are located at the Department of Justice, Justice Management
Division, Office of Attorney Recruitment and Management, 20 Massachusetts Avenue, NW., Suite 5100,
Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains records and related correspondence on persons serving in or hired to
serve in a Department attorney position who submit applications for participation in the Attorney
Student Loan Repayment Program (ASLRP), as well as attorneys who have been previously approved for
and who are presently receiving or previously have received such benefits.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records may include: employees’ (or potential employees’) names, home and work addresses,
social security numbers, student loan account numbers, loan balances, repayment schedules, repayment
histories, and repayment status. They may also include loan holders’ names, addresses, and telephone
numbers, Employee Service Agreements, justifications, and other correspondence relating to
employees’ (or potential employees’) applications.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The system is based on the provisions of 5 U.S.C. 5379, as amended.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent>
<p>The ASLRP is an agency recruitment and retention incentive program. Based on the provisions
of 5 U.S.C. 5379, as amended, the ASLRP is an incentive program designed to recruit and retain
highly qualified attorneys for hard-to-fill positions. Any Department of Justice employee serving in
or hired to serve in an attorney position may request consideration for the ASLRP.
</p><p>Records in this system are necessary in order for the Department to determine the eligibility of
each applicant requesting consideration for a student loan repayment. These records are maintained
to determine eligibility and benefits and to process requests to receive student loan repayments.
The records are also used by the Department to prepare its reports for the Office of Personnel
Management (OPM), as required by 5 CFR 537.110.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Records or information from this system of records may be disclosed under the following
circumstances when it has been determined by the Department of Justice that such a need exists:
</p><p>1. 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><p>2. To a Member of Congress or staff acting upon the Member’s behalf when the Member or staff
requests information on behalf of, and at the request of, the individual who is the subject of the
record.
</p><p>3. 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.
</p><p>4. Where a record, either alone or in conjunction with other information, indicates a violation
or potential violation of law--criminal, civil, or regulatory in nature--the relevant
records may be referred to the appropriate federal, state, local, tribal, or foreign law enforcement
authority or other appropriate entity charged with the responsibility of investigating or
prosecuting such a violation or charged with enforcing or implementing such law.
</p><p>5. In an appropriate proceeding before a court, 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.
</p><p>6. To an actual or potential party to litigation or the party’s authorized representative for the
purpose of negotiation or discussion of such matters as settlement, plea bargaining, or in informal
discovery proceedings.
</p><p>7. 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.
</p><p>8. To federal, state, local, tribal, foreign, or international licensing agencies or associations
which require information concerning the suitability or eligibility of an individual for a license
or permit.
</p><p>9. 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.
</p><p>10. 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.
</p><p>11. To OPM, any records or information in this system of records that OPM requests or requires
pursuant to OPM’s oversight and regulatory functions.
</p><p>12. To other Federal agencies, hearing or court officials, and present employers of an employee
in order for the Department to obtain repayment, if an employee fails to complete the period of
employment under a service agreement and fails to reimburse the Department the amount of any student
loan repayment benefits the employee received from the Department.
</p><p>13. To the Department’s payroll processing provider in order to calculate tax withholding and
disburse payments of student loan repayment benefits to loan holders on behalf of employees approved
to receive this benefit.
</p><p>14. To student lending institutions or loan holders in order to obtain information (such as a
borrower’s account number, original and current loan balance, repayment schedule, repayment history,
and current repayment status) to allow the Department to determine an employee’s or potential
employee’s initial and continuing eligibility for this program, to facilitate accurate payments to
student loan holders on behalf of eligible employees, and to ensure the Department discontinues
making student loan repayments to individuals who do not remain eligible for them during the period
of the service agreement.
</p><p>15. To any criminal, civil, or regulatory law enforcement authority (whether federal, state,
local, tribal, or foreign) where the information is relevant to the recipient entity’s law
enforcement responsibilities.
</p><p>16. 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.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained in hard copy and in electronic form accessible with office automation
software on Department computers within OARM’s office suite.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is typically retrieved by name of the individual, or other personal identifiers
(<i>e.g.</i>, social security number).
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information in this system is safeguarded in accordance with applicable rules and policies,
including the Department’s automated systems security and access policies. Records in this system
are maintained in restricted access space in Department controlled facilities and offices.
Computerized data is password protected. The information is accessed only by authorized Department
personnel or by non-Department personnel properly authorized to assist in the conduct of an agency
function related to these records. All physical access to the building where these records are
maintained is controlled and monitored by security personnel.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>The retention and disposal schedule for these records is pending approval of the National
Archives and Records Administration.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Office of Attorney Recruitment and Management, Justice Management Division, 20
Massachusetts Avenue, NW., Suite 5100, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to the System Manager named above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Requests for access to a record from this system must be in writing and should be addressed
to the System Manager named above. The envelope and the letter should be clearly marked "Privacy Act
Request."  Requests for access to records must comply with the Department’s Privacy Act regulations,
to include a general description of the records sought, and 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. The requester may submit any other identifying data he/she
wishes to furnish to assist in making a proper search of the system.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in this system should direct
their requests according to the Records Access procedures and to the System Manager above, stating
clearly and concisely what information is being contested, the reasons for contesting it, and the
proposed amendment to the information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records is obtained from the individual to whom the
information applies, lending institutions holding student loans for the individual to whom the
information applies, officials of the Department, and official Department documents.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/ENRD-001</systemNumber>
<subsection type="systemName">Appraisers, Approved Attorneys, Abstractors and Title Companies Files Database System.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Unclassified.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice, Environment and Natural Resources Division, Land Acquisition
Section, 601 Pennsylvania Avenue, NW, Washington, DC 20004.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>(1) Appraisers who have prepared real property appraisals, whose work has been reviewed by
the Appraisal Unit, Environment and Natural Resources Division, in conjunction with anticipated or
pending litigation. (2) Attorneys, title abstractors, and title insurance companies that have
applied and been deemed qualified to prepare title evidence for land acquisitions by the United
States.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system includes automated records relating to (1) the qualifications of appraisers who
have provided real estate appraisals to the Appraisal Unit, Environment and Natural Resources
Division, in conjunction with anticipated or pending litigation; and (2) records relating to title
evidence providers, including applications, supporting information, and information relating to
qualifications received by the Environment and Natural Resources Division.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Authority to establish and maintain this system is contained in 28 U.S.C. 509 and 510, 28
CFR part O, subpart M, and 40 U.S.C. 257 et seq., which authorize the Attorney General to conduct
litigation, particularly proceedings for condemnation of property, and 5 U.S.C. 301 and 44 U.S.C.
3101, which authorize the Attorney General to create and maintain federal records of agency
activities.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>(1) Appraisal information is maintained so that an appraiser’s credentials, experience, and
performance can be referenced and evaluated when the Division seeks an appraiser for work in
anticipated or pending litigation. (2) Title evidence information is maintained so that a provider’s
performance can be referenced when the Division seeks a qualified provider for work being reviewed.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>(1) Records may be disclosed to the National Archives and Records Administration in records
management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>(2) Records relating to attorneys, abstractors, or title companies may be disclosed to other
Federal agencies to help them hire such professionals.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information is kept on a computer database.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by name of the subject, Department of Justice case number,
appraisal review number, or land unit number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Only employees of the Land Acquisition Section with access to the Division computer system
have access to the system of records.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are retained during their useful life subject to National Achieves and Records
administration record retention schedules.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Chief, Land Acquisition Section, Environment and Natural Resources Division, U.S. Department
of Justice, 601 Pennsylvania Avenue, NW., Washington, DC 20004.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to the FOIA/Privacy Act Coordinator; Environment and Natural Resources
Division; Law and Policy Section; PO Box 4390; Ben Franklin Station; Washington, DC 20044-
4390.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Submit in writing all requests for access, and clearly mark the envelope and letter,
"Privacy Act Access Request."  Include in the request your full name, date, and place of birth, case
caption, or other information which may assist in locating the records you seek. Also include your
notarized signature and a return address. Direct all access requests to the FOIA/Privacy Act
Coordinator; Environment and Natural Resources Division; Law and Policy Section; PO Box 4390, Ben
Franklin Station; Washington, DC 20044-4390.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest or amend information maintained in the system, Direct your request to
the FOIA/PA Coordinator Stating Clearly and concisely what information is being contested, the
reasons for contesting it, and the proposed amendment to the information you seek.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The record subject is the principal record source. The sources may be supplemented by others
having knowledge of the subject’s professional qualifications.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.

</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/ENRD-003</systemNumber>
<subsection type="systemName">Environment and Natural Resources Division Case and Related Files
System.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Unclassified.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Environment and Natural Resources Division, U.S. Department of
Justice, 950 Pennsylvania Ave., NW, Washington, DC 20530; DC offices (601 D Street, NW, Washington,
DC 20004; 601 Pennsylvania Ave., NW, Washington, DC 20004; 1425 New York Ave., NW, Washington, DC
20005; 801 Pennsylvania Ave., NW, Washington, DC 20004); field offices (in Anchorage, AK;
Sacramento, CA; San Francisco, CA; Denver, CO; Newton Corner, MA; and Seattle, WA); and Federal
Records Center, Suitland, MD 20409.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>(a) Individuals being investigated in
anticipation of civil or criminal suits; (b) Individuals involved in civil or criminal suits; (c)
Defense or plaintiff’s counsel(s); (d) Information sources; (e) Individuals relevant to the
development of  civil or criminal suits, including expert and other witnesses; (f) Individual
plaintiffs or defendants; and (g) Attorneys, paralegals, and other employees of the Environment and
Natural Resources Division directly involved in these cases or matters.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>(1) Records in this system are established and
maintained for litigation and related activities by the Environment and Natural Resources Division,
including, but not limited to, the protection, use and development of natural resources and public
lands, wildlife protection, Indian rights and claims, cleanup of hazardous waste sites, acquisition
of private property for federal use, prosecution of environmental crimes, enforcement of
environmental laws, and defense of environmental challenges to government programs and activities.
The case files contain court records (such as briefs, motions, and orders), inter-agency and intra-
agency correspondence, legal research, and other related documents. These records may include civil
investigatory and/or criminal law enforcement information and information classified pursuant to
Executive Order to protect national security interests. (2) Summary information of these cases or
matters (such as names of principal parties or subjects, court docket numbers, status, and attorney
assignments) is maintained in an automated case management system (CMS). (3) A timekeeping function
for attorneys, paralegals, and other employees of the Environment and Natural Resources Division
supplements the automated case management system.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p> Authority to establish and maintain this
system is contained in 5 U.S.C. 301 and 44 U.S.C. 3101, which authorize the Attorney General to
create and maintain federal records of agency activities.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>Case records are maintained to litigate or otherwise resolve civil or
criminal cases or matters handled by the Environment and Natural Resources Division. The automated
case tracking and timekeeping system are maintained to manage and evaluate the Division’s litigation
and related activities.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>(a) In any case in which there is an indication of a violation or potential violation of law
(civil, criminal, or regulatory in nature), the record may be disseminated to the appropriate
federal, state, local, tribal, or foreign agency charged with the responsibility of investigating,
defending or pursuing such violation, civil or criminal claim or remedy, or charged with enforcing,
defending or implementing such law;
</p><p>(b) In the course of investigating a potential or actual violation of any law, or during the
course of (or in preparation for) a trial or hearing for such a violation, a record may be
disseminated to an individual, agency or organization, if there is reason to believe that such
individual, agency or organization possesses relevant information relating to the investigation (or
trial or hearing) and the dissemination is reasonably necessary to elicit information or to obtain
the cooperation of a witness or an agency;
</p><p>(c) A record relating to a case or matter may be disseminated in a federal, state, local, or
tribal administrative or regulatory proceeding or hearing in accordance with the procedures
governing such proceeding or hearing;
</p><p>(d) A record relating to a case or matter may be disseminated to an actual or potential party of
his or her attorney, or a third party neutral, for the purpose of negotiation or discussion on such
matters as settlement of the case or discussion on such matters as settlement of the case or matter,
and for formal or informal discovery proceedings;
</p><p>(e) A record relating to a case or matter that has been referred by an agency for investigation,
civil or criminal action, enforcement or defense, or that involves a case or matter within the
jurisdiction of an agency, may be disseminated to such agency to notify the agency of the status of
the case or matter, or of any decision or determination that has been made, or to make such other
inquiries and reports as are necessary during the processing of the case or matter;
</p><p>(f) A record relating to a case or matter may be disseminated to a foreign country, through the
United States Department of State or directly to the representative of such country, pursuant to an
international treaty or convention entered into and ratified by the United States or to an executive
agreement;
</p><p>(g) A record may be disseminated to a foreign country, through the Department of Justice Civil
Division, United States Department of State, or directly to the representative of such country, to
the extent necessary to assist such country in general crime prevention, the pursuit of civil or
criminal judicial actions or general civil regulatory or administrative actions, or to provide
investigative leads to such country, or assist in the location and/or returning of witnesses and
other evidence;
</p><p>(h) A record, or facts derived from it, may be disclosed in a grand jury proceeding or in a
proceeding before a court or adjudicative body before which the Environment and Natural Resources
Division is authorized to appear when the United States, or any of its agencies or subdivisions, is
a party to litigation, and the Environment and Natural Resources Division has determined that such
records are arguably relevant to the litigation;
</p><p>(i) Information permitted to be released to the news media and the public pursuant to 28 CFR 50.2
(Department of Justice regulations setting forth guidelines for disclosure of information to the
media) may be made available from this system of records 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><p>(j) A record may be disseminated to a federal, state, or local agency, in response to its
request, in connection with the hiring or retention of an employee, the issuance of security
clearance, the reporting of an investigation of an employee, the letting of a contract, or the
issuance of a license, grant, or other benefit by the requesting agency, to the extent that the
information relates to the requesting agency’s decision on the matter;
</p><p>(k) Pursuant to Subsection b(12) of the Privacy Act, records relating to an individual who owes
an overdue debt to the United States may be disseminated to a federal agency which employs the
individual; a consumer reporting agency; a federal, state, local or foreign agency; or the Internal
Revenue Service (IRS);
</p><p>(l) Information contained in this system of records may be made available to a Member of Congress
or staff acting upon the Member’s behalf when the Member or staff requests the information on the
behalf of and at the request of the individual who is the subject of the records, even if the
information would not otherwise be available under the Freedom of Information Act, 5 U.S.C. 552.
</p><p>(m) Records may be disclosed to the National Archives and Records Administration in records
management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>(n) Information may be released to complainants or victims to the extent necessary to provide
such persons with information and explanations concerning the progress or results of the
investigation or case arising from their complaint or involvement as a victim.
</p><p>(o) Timekeeping records may be disclosed to opposing parties and to courts in litigation
regarding litigation costs.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p><p>Disclosure to consumer reporting agencies: </p><p>See Routine Use (k) listed above.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage: </p><p>All information, except that specified in this paragraph, is recorded on
computer files or basic paper/cardboard material that is stored in file folders, file cabinets,
shelves, or safes. Some material is recorded and stored on other data processing storage forms.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved primarily by name of the case or person, case
number, complaint number or court docket number. Information within this system of records may be
accessed by Environment and Natural Resources Division employees by means of the Case Management
System (CMS) or successor systems.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information in the system is both confidential and nonconfidential and
located in file cabinets in the  Environment and Natural Resources Division offices in Washington,
D.C., and field office locations. Information also is located in litigation support contract
document centers and off-site storage locations. Confidential materials are in locked file drawers
and safes, and nonconfidential materials are in unlocked file drawers. Offices are secured by either
Federal Protective Service or private building guards. Information that is retrievable by
Environment and Natural Resources Division personnel trained to access the Case Management System
(CMS) or the time-keeping system or successor systems within various Environment and Natural
Resources Division offices is password protected and required access to the Department’s secure
Justice Consolidated Office Automation Network (JCON).
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are retained or disposed of after a case is closed in
accordance with a retention and disposal schedule approved by the National Archives and Records
Administration. The time period that records are maintained ranges from 10 years after a matter is
closed to permanently.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>The System Manager is the Assistant Director, Office of Information Management, in
coordination with the Office of Planning and Management’s Records Management Unit.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to the FOIA/Privacy Act Coordinator; Environment and Natural Resources
Division; Law and Policy Section; PO Box 4390; Ben Franklin Station; Washington, DC 20044-
4390.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Portions of this system are exempt from disclosure and contest
by 5 U.S.C. 552a(j)(2), (k)(1) and/or (k)(2). 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. Submit in writing all
requests for access, and clearly mark the envelope and letter, "Privacy Act Access Request."
Include in the request your full name, date and place of birth, case caption, or other information
which may assist in locating the records you seek. Also include your notarized signature and a
return address. Direct all access requests to the FOIA/Privacy Act Coordinator; Environment and
Natural Resources Division; Law and Policy Section; PO Box 4390, Ben Franklin Station, Washington DC
20044-4390.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Portions of this system are exempt from this requirement
under 5 U.S.C. 552a(j)(2), (k)(1) and/or (k)(2). An individual may contest those records that are
not subject to exemption. A determination whether a record is exempt from contest shall be made at
the time a request for contest is received. If you wish to contest or amend information maintained
in the system, direct your request to FOIA/PA Coordinator stating clearly and concisely what
information is being contested, the reasons for contesting it, and the proposed amendment to the
information you seek.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system include, but
are not limited to investigative reports of client agencies of the Department of Justice; discovery
materials; other than non-Department of Justice forensic reports; statements of witnesses and
parties; verbatim transcripts of depositions and court proceedings; data, public reports, memoranda
and reports from the court and agencies thereof; and the work product of Environment and Natural
Resources Division Attorneys, Department of Justice attorneys, investigators, staff, and legal
assistants working on particular cases or matters.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>The Privacy Act authorizes an agency to  promulgate
rules to exempt any system of records (or part of a system of records) from certain Privacy Act
requirements, if the system of records is maintained by an agency which performs as its principal
function any activity pertaining to the enforcement of criminal laws (5 U.S.C. 552a(j)(2)); it is
investigatory material compiled for law enforcement purposes (5 U.S.C. 552a(k)(2)); or it is
required by Executive Order to be kept secret in the interest of national defense or foreign policy
(5 U.S.C. 552a(k)(1).
</p><p>Under these authorities, the Attorney General has promulgated rules to exempt those records in
this system that pertain to the enforcement of criminal laws, that are investigatory materials
compiled for law enforcement purposes, or that are classified secret by an Executive Order, from the
following Privacy Act requirements: (1) The requirement under (c)(3) to make available to the
individual named in the record an accounting of the circumstances under which records about the
individual were disclosed; (2) the requirement under (e)(1) to maintain only such information about
an individual that is relevant and necessary to accomplish a purpose of the agency; and (3) the
requirement under (f) to establish agency procedures to respond to an individual’s request for
information about himself. The Attorney General also has promulgated a rule to exempt records in
this system compiled for criminal enforcement purposes from these additional requirements: (1) The
requirement under (c)(4) to inform any party or agency that received an individual’s records about
any subsequent corrections made to the record; (2) the requirement under (e)(2) to collect
information to the greatest extent practicable directly from the individual when the information may
result in adverse determinations about an individual’s rights, benefits and privileges under Federal
programs; (3) the requirement under (e)(3) to inform each individual from whom information is
collected of the authority for the information the principal purposes for the information, the
routine uses, and the effects, if any, of not providing the information; (4) the requirement under
(e)(5) to maintain all records with such accuracy, relevance, timeliness and completeness as is
reasonably necessary to assure fairness to the individual, (5) the requirement under (e)(8) to make
reasonable efforts to serve notice on an individual when any record on the individual is made
available to any person under compulsory legal process when that process becomes a matter of public
record; and (6) the authority under (g) providing that individuals may bring a civil action against
the agency for violations of the Privacy Act.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/NDIC-001</systemNumber>
<subsection type="systemName">National Drug Intelligence Center Data Base (JUSTICE/NDIC-001).
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>The primary location of the system will be the National Drug Intelligence Center, 319
Washington Street, 5th Floor, Johnstown, PA 15907. In addition, information in the NDIC Data Base
will be retrieved at the NDIC Washington area office, located at Suite 1001, 8201 Greensboro Drive,
McLean, VA 22102.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>1. Individuals suspected of, charged with, or convicted of, illicit narcotic trafficking or
activities related thereto.
</p><p>2. Non-implicated persons with pertinent knowledge of some circumstances or aspect of a case or
record subject; such persons may include witnesses or associates of record subjects.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records may contain any information, including but not limited to personal identification
data, which may assist the National Drug Intelligence Center (NDIC) in fulfilling its
responsibilities to collect, consolidate, analyze, and coordinate multi-source drug intelligence
data from all national security and law enforcement agencies; to produce information regarding the
structure, finances, communications and activities of drug trafficking organizations and their
memberships; and to make such information available, as appropriate, to domestic and foreign law
enforcement agencies and to agencies of the U.S. foreign intelligence community. Information will
include any data that may assist law enforcement agencies and agencies of the U.S. foreign
intelligence community in executing their responsibilities with respect to counterdrug enforcement,
including identification, location, arrest and prosecution of persons for narcotics trafficking and
related activities and civil proceedings related to such enforcement activities. Such information
may be derived from investigative and intelligence reports prepared by law enforcement agencies and
agencies of the U.S. foreign intelligence community, from documents or other record media seized by
law enforcement agencies and made available to NDIC for exploitation, and publicly available
information such as media reports and commercially acquired data bases. Records may also include
information on persons not implicated in narcotics trafficking or related activities, but with
pertinent knowledge of some circumstance of a case or record subject. Such records may contain any
information, including but not limited to personal identification data, which may assist NDIC in
discharging its responsibilities generally, e.g., information which may assist in identifying and
locating such persons.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Sec. 9078, Pub. L. 102-396.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>This system of records will allow the NDIC to collect and consolidate information from
multiple sources, including law enforcement agencies and agencies of the U.S. foreign intelligence
community, in order to be able to produce a more complete picture of the activities of drug
trafficking organizations and their memberships than any one such agency can produce by itself. The
system will enable NDIC to provide the results of its analyses and other relevant information
acquired by it, to Federal, State, and local law enforcement and regulatory agencies, to certain
foreign law enforcement agencies, and to agencies of the U.S. foreign intelligence community, to
assist them in fulfilling their responsibilities with respect to enforcement of law related to drug
trafficking, including civil proceedings related to enforcement of such laws.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Relevant information contained in this system of records may be disclosed as follows:
</p><p>1. To the appropriate Federal, State, local, or foreign agency responsible for investigating,
enforcing, or implementing a statute, rule, regulation, or order, to the extent that the information
is relevant to the recipient’s law enforcement function.
</p><p>2. To the Department of Defense, and components thereof, to support its role in the detection and
monitoring of the transportation of illegal drugs into the United States or such other roles in
support of counterdrug law enforcement as may be permitted by law.
</p><p>3. To individuals or organizations, including Federal, State, local or foreign agencies, in the
course of counterdrug law enforcement efforts, to the extent necessary to elicit information
pertinent to counterdrug law enforcement.
</p><p>4. To the news media, to the extent releasable in accordance with 28 CFR 50.2, and provided, in
each case, that release of the specific information in that situation would not constitute an
unwarranted invasion of personal privacy.
</p><p>5. To the Department of State, and to 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.
</p><p>6. To Members of Congress, or their staffs acting upon the Members’ behalf, when they request the
information on behalf of and at the request of the individuals who are the subjects of the
respective records.
</p><p>7. To the National Archives and Records Administration and the General Services Administration in
records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are stored on computer at NDIC’s headquarters in Johnstown, Pennsylvania and
retrieved both there and at NDIC’s Washington area office. Some information, including investigative
files and information incorporated into analytical products, may be retained in hard copy format in
file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Access to individual records is gained by use of data retrieval capabilities of computer
software acquired and developed for processing of information in the NDIC Data Base. Data will be
retrieved through a number of criteria, including personal identifying information such as name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>The NDIC Data Base is protected by both physical security methods and dissemination and
access controls. Fundamental in all cases is that all access to information is limited by a system
of password and access control to those NDIC personnel or representatives of other agencies with a
demonstrated and lawful need to know the information in order to perform assigned functions. All
NDIC personnel capable of accessing the NDIC Data Base will have successfully passed a background
investigation, and access by such persons will be limited to those having a "need to know."  All
accesses to the data base, both internal and external, will be electronically recorded, and such
records will be reviewed periodically to ensure against inappropriate access. The NDIC Data Base
will be retained within a 24-hour guarded facility which is secured by intruder alarms and other
appropriate physical security devices.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>A schedule for the retention and disposal of these records is under review and development.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, National Drug Intelligence Center, 319 Washington Street, 5th Floor, Johnstown, PA
15907.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquires should be addressed to: Chief, Administration Branch, National Drug Intelligence
Center, 319 Washington Street, 5th Floor, Johnstown, PA 15907.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information provided by Federal, State, local and foreign law enforcement agencies; agencies
of the U.S. foreign intelligence community; and open sources, such as broadcast and print media and
publicly available data bases.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3) and (4); (d); (e)(1),
(2) and (3); (e)(4)(I); (e)(5) and (8); and (g) pursuant to 5 U.S.C. 552a(j)(2). In addition, the
Attorney General has exempted the system from subsections (c)(3), (d), (e)(1) and (e)(4)(I) pursuant
to 5 U.S.C. 552a(k) (1) and (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 <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/OAG-001</systemNumber>
<subsection type="systemName">General Files System of the Office of the Attorney General.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of the Attorney General, United States Department of Justice, 10th and Constitution
Avenue NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The system encompasses individuals who relate to official Federal investigations, policy
decisions, and administrative matters of such significance that the Attorney General maintains
information indexed to the name of that individual including, but not limited to, subjects of
litigation, targets of investigations, Members and staff members of Congress, upper-echleon
government officials, and individuals of national prominence or notoriety.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records may include case files, litigation materials, exhibits, internal memoranda or
reports, or other records on a given subject or individual. Records vary in number and kind
according to the breadth of the Attorney General’s responsibilities (28 CFR 0.05) and are limited to
those which are of such significance that the Attorney General has investigative, policy, law
enforcement, or administrative interest.  An index to these records is described under the caption
"Retrievability."
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>These records are maintained pursuant to 5 U.S.C. 301.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>These records may be disclosed 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 privacy.
</p><p>These records may be disclosed to a Member of Congress or staff acting on the Member’s behalf
when the Member or staff requests the information for investigative or policy decisionmaking
purposes or to provide constituent assistance.
</p><p>These records may be disclosed to members of the judicial branch of the Federal Government in
response to a specific request where disclosure appears relevant to the authorized function of the
recipient judicial office or court system.
</p><p>These records may be disclosed to any civil or criminal law enforcement authorities, whether
Federal, State, local or foreign, which require information relevant to a civil or criminal
investigation.
</p><p>These records may be disclosed to the National Archives and Records Administration (NARA) in
records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>These records may be disclosed to officials and employees of the White House or any Federal
agency which requires information relevant to an agency decision concerning the hiring, appointment,
or retention of an employee, the issuance of a security clearance, the conducting of a security or
suitability investigation, the classifying of a job, or the issuance of a grant or benefit.
</p><p>These records may be disclosed to Federal, State, and local licensing agencies or associations
which require information concerning the eligibility or suitability of an individual for a license
or permit.
</p><p>These records may be disclosed in a proceeding before a court or adjudicative body before which
the Office of the Associate Attorney General is authorized to appear when (a) the Office of the
Attorney General, or any subdivision thereof, or (b) any employee of the Office of the Attorney
General in his or her official capacity, or (c) any employee of the Office of the Attorney General
in his or her individual capacity where the Department of Justice has agreed to represent the
employee, or (d) the United States, where the Office of the Attorney General determines that the
litigation is likely to affect it or any of its subdivisions, is a party to litigation or has an
interest in litigation and such records are determined by the Office of the Attorney General to be
arguably relevant to the litigation.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent>
<p>Storage:</p>
<p>Records are stored in paper folders and on index cards. As of May 1982, the index record is
also stored on magnetic disks.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records created before 1975 are indexed and retrieved manually by subject title. Records
created since 1975 are indexed and retrieved manually by subject title, individual’s name, the
Department component which created the record, and by name of the Attorney General under whose
administration the records were created. As of May 1982 records may also be retrieved through a
computerized indexing system.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Records are maintained in locked cabinets stored in a locked room or, in the case of those
records that are classified, in safes or vaults stored in a locked room. The computer is also
maintained in a locked room. The computer has a key lock and may be accessed only by persons with a
Top Secret clearance by use of a code.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are kept indefinitely.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Special Assistant to the Attorney General, Office of the Attorney General, United States
Department of Justice, 10th and Constitution Avenue NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address all inquiries to the system manager. These records will be exempted from subsections
(c) (3) and (4); (d); (e) (1), (2) and (3), (e)(4) (G) and (H), (e)(5); and (g) of the Privacy Act
pursuant to 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), and (k)(5).
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Make all requests for access to records from this system in writing to the system manager
and clearly mark both the letter and the envelope "Privacy Act Request."
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Make all requests to contest or amend information maintained in the system in writing to the
system manager. State clearly and concisely what information is being contested, the reasons for
contesting it, and the proposed amendment(s) to the information.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system include individuals, State, local and
foreign government agencies as appropriate, the executive and legislative branches of the Federal
Government, and interested third parties.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>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 (g) of the Privacy Act pursuant to 5 U.S.C.
552a(j)(2), (k)(1), (k)(2), and (k)(5). 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 <i>Federal Register</i>.
</p><p>These exemptions apply only to the extent that information in a record pertaining to a particular
individual relates to official Federal investigations and law enforcement matters. Those files
indexed under an individual’s name which concern policy formulation or administrative matters are
not being exempted pursuant to 5 U.S.C. 552a(j)(2), (k)(1), (k)(2) or (k)(5).
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/ASG-001</systemNumber>
<subsection type="systemName">General Files System of the Office of the Associate Attorney General, JUSTICE/ASG-001.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Not classified.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of the Associate Attorney General, United States Department of Justice, 950
Pennsylvania Avenue, NW., Washington, DC 20530-0001.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The system encompasses individuals who relate to official federal investigations, policy
decisions, and administrative matters of such significance that the Associate Attorney General
maintains information indexed to the name of that individual including, but not limited to, subjects
of litigation, targets of investigations, Members and staff members of Congress, upper-echelon
government officials, and individuals of national prominence or notoriety.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records may include case files, litigation materials, exhibits, internal memoranda or
reports, or other records on a given subject or individual.  Records vary in number and kind
according to the breadth of the Associate Attorney General’s responsibilities (28 CFR 0.19) and are
limited to those which are of such significance that the Associate Attorney General has
investigative, policy, law enforcement, or administrative interest.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>These records are maintained pursuant to 5 U.S.C. 301.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>This system is maintained for the purpose of assisting the Associate Attorney General in
carrying out the responsibilities of the Office such as, but not limited to, advising the Attorney
General and Deputy Attorney General in formulating Departmental policies and programs, providing
overall supervision to organizational units as assigned, and other duties as assigned by the
Attorney General (28 CFR 0.19).
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Information may be disclosed from this system as follows:
</p><p>A. 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.
</p><p>B. To a Member of Congress or staff acting on 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.
</p><p>C. Law enforcement records may be disclosed to any civil or criminal law enforcement authorities,
whether federal, state, local, foreign, or tribal, which require information relevant to a civil or
criminal investigation.
</p><p>D. Where a record, either on its face or in conjunction with other information, indicates a
violation or potential violation of law--criminal, civil, or regulatory in nature--the
relevant records may be referred to the appropriate federal, state, local, foreign, or tribal, law
enforcement authority or other appropriate agency charged with the responsibility of investigating
or prosecuting such a violation or enforcing or implementing such law.
</p><p>E. To the National Archives and Records Administration (NARA) in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>F. 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.
</p><p>G. To federal, state, local, tribal, foreign, or international licensing agencies or associations
which require information concerning the suitability or eligibility of an individual for a license
or permit.
</p><p>H. In an appropriate proceeding before a court, 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 holds the
records to be relevant to the proceeding.
</p><p>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.
</p><p>J. 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.
</p><p>K. The Department of Justice may disclose relevant and necessary information to a former employee
of the Department for the 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.
</p><p>L. To such recipients and under such circumstances and procedures as are mandated by federal
statute or treaty.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records in this system are stored in electronic form and on paper. Records that contain national
security information and are classified are stored in accordance with applicable executive orders,
statutes, and agency implementing regulations.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information can be retrieved by correspondence control number; name of individual; subject
matter of topic; or in some cases, by other identifying search term employed.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information in this system is safeguarded in accordance with applicable laws, rules, and
policies, including the Department’s automated systems security and access policies. Classified
information is appropriately stored in safes and in accordance with other applicable requirements.
In general, records and technical equipment are maintained in buildings with restricted access. The
required use of password protection identification features and other system protection methods also
restrict access. Access is limited to those officers and employees of the agency who have an
official need for access in order to perform their duties.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are retained and disposed of in accordance with guidelines approved by the National
Archives and Records Administration.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Deputy Associate Attorney General, Office of the Associate Attorney General, United States
Department of Justice, 950 Pennsylvania Avenue, NW., Washington, DC 20530-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to the System Manager named above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Requests for access should be directed in writing or in person to the System Manager named
above. When requests are in writing, the envelope and 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, 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. Although no specific form is required, you may obtain forms for this
purpose from the FOIA/PA Mail Referral Unit, Justice Management Division, United States Department
of Justice, 950 Pennsylvania Avenue, NW., Washington, DC 20530-0001, or on the Department of
Justice Web site at  <i>http://www.usdoj.gov/04foia/att--d.htm.</i>
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the System Manager 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.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system include individuals, state, local, tribal,
and foreign government agencies, as appropriate, the executive and legislative branches of the
Federal Government, the Judiciary, and interested third parties.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3) and (4); (d); (e)(1),
(2), (3), and (5); and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), and
(k)(5). 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 <i>Federal Register</i> and at 28 CFR 16.72. These exemptions
apply only to the extent that information in the system is subject to exemption pursuant to 5 U.S.C.
552a(j)(2), (k)(1), (k)(2) and (k)(5). A determination as to exemption shall be made at the time a
request for access or amendment is received.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/OCDETF-001</systemNumber>
<subsection type="systemName">Organized Crime Drug Enforcement Task Forces Management Information System (OCDETF MIS).
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Unclassified.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>OCDETF Fusion Center, Executive Office for OCDETF, U.S. Department of Justice, 1331 Pennsylvania Avenue NW.,
Suite 1060, Washington, DC 20530. Some or all system information may be duplicated at other locations for
purposes of system backup, emergency preparedness, and continuity of operations.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system encompasses individuals who are subjects or potential subjects of investigations under the
OCDETF Program, including individuals who are charged with, convicted of, or known, suspected, or alleged to be
involved with illicit drug trafficking, money laundering of drug proceeds, or other potentially related
criminal activity. This system also covers individuals who are associated with or related to investigations
under the OCDETF Program, including associates of subjects, witnesses, informants, and law enforcement and
prosecutorial personnel.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records consist of case-initiation forms, interim and final reports, indictment records, and
disposition/sentencing forms, regarding potential or actual targets of OCDETF investigations, as well as
related administrative records for state and local case participation.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Authorities for the maintenance of these records include 5 U.S.C. 301 and the Comprehensive Drug Abuse
Prevention and Control Act of 1970, Public Law 91-513, 84 Stat. 1236 (21 U.S.C. 801 et seq.).
</p><p>Purpose:</p>
<p>The purpose of this system of records 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 criminal enterprises engaged in illegal drug trafficking, laundering of drug proceeds, and related
criminal activities. The OCDETF MIS is a case tracking and reporting system designed to provide a platform for
OCDETF investigative and prosecutorial personnel to track and coordinate investigative efforts from the
initiation of an OCDETF investigation through the closing of the case. In addition, the system provides the
data necessary to evaluate OCDETF Program performance.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>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:
</p><p>(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.
</p><p>(b) To a governmental entity lawfully engaged in collecting law enforcement, law enforcement intelligence,
or national security intelligence information for such purposes.
</p><p>(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.
</p><p>(d) To any person or entity if deemed by OCDETF to be necessary in order to elicit information or
cooperation from the recipient for use by OCDETF in the performance of an authorized law enforcement activity.
</p><p>(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.
</p><p>(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.
</p><p>(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.
</p><p>(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.
</p><p>(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.
</p><p>(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.
</p><p>(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.
</p><p>(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.
</p><p>(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.
</p><p>(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.
</p><p>(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 investigation; the letting of a contract; or the issuance of a grant or
benefit.
</p><p>(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.
</p><p>(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.
</p><p>(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.
</p><p>(s) To the National Archives and Records Administration (NARA) for purposes of records management
inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>(t) To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.
</p><p>(u) To such recipients and under such circumstances and procedures as are mandated by federal statute or
treaty.
</p><p>(v) To another Federal agency or Federal entity, when the Department 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.</p>
    <p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Computerized records are stored in an internal database format. Hard copy records may be stored in
individual file folders and file cabinets with controlled access, and/or other appropriate GSA-approved
security containers.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Individual records are accessed by use of data-retrieval capabilities of computer software acquired and
developed for processing information in the OCDETF MIS. (Hard copy formats are accessed via manual retrieval.)
Records are generally retrieved by case number, but can also be retrieved through a number of criteria,
including personally identifiable information such as name and social security number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>These records are housed in a secure space restricted to DOJ employees and other authorized personnel, and
to those persons transacting business with the DOJ who are escorted by DOJ or other authorized personnel. Paper
files are stored in file cabinets in locked offices. 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 system space is secured by intruder
alarms and other appropriate physical and electronic security controls. Direct access to the system is
password-restricted to DOJ employees, detailees/designees from other federal agencies, and contractors who have
a demonstrated and lawful need to know the information in order to perform assigned functions on behalf of the
OCDETF Program, who have appropriate security clearances, and who have been specifically authorized access.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>OCDETF MIS data files have been deemed "Permanent" by NARA. A copy of the data maintained for
each investigation is required to be transferred to NARA 25 years after the close of the case in accordance
with 36 CFR 1228.270, or existing NARA transfer requirements at the time of transfer. Paper copies are to be
destroyed five years after the close of each case upon verification of successful conversion and input into the
NARA system.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Executive Office for OCDETF, Department of Justice, 950 Pennsylvania Avenue NW., Washington, DC
20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as Record Access Procedures.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>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, 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 <i>
http://www.justice.gov/oip/forms/cert_ind.pdf.</i> 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.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>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 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.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system include federal, state, local, tribal, territorial, and
foreign law enforcement agencies, informants, members of the public, the public media, and the private sector,
including commercial data brokers.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3) and (4); (d)(1), (2), (3), and (4);
(e)(1), (2), and (3), (4)(G), (H), and (I), (5), and (8); (f); and (g) of the Privacy Act pursuant to 5 U.S.C.
552a(j) and (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 <i>Federal Register.</i>
</p></xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p>78 FR 56737 (September 13, 2013): Last published in full.</p>
</xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/OCDETF-002</systemNumber>
<subsection type="systemName">Organized Crime Drug Enforcement Task Force Fusion Center and International Organized Crime Intelligence and
Operations Center System.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Classified and unclassified.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>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.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>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.
</p><p>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.
</p><p>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.
</p><p>4. Individuals identified in or involved with the filing, evaluation, or investigation of reports under the
Bank Secrecy Act and its implementing regulations.
</p><p>5. Immigrant and nonimmigrant visa applicants.
</p><p>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.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>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.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>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.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>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.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent>
<p>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:
</p><p>(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.
</p><p>(b) To a governmental entity lawfully engaged in collecting law enforcement, law enforcement intelligence,
or national security intelligence information for such purposes.
</p><p>(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.
</p><p>(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.
</p><p>(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.
</p><p>(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.
</p><p>(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.
</p><p>(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.
</p><p>(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.
</p><p>(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.
</p><p>(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.
</p><p>(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.
</p><p>(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.
</p><p>(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.
</p><p>(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 investigation; the letting of a contract; or the issuance of a grant or
benefit.
</p><p>(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.
</p><p>(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.
</p><p>(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.
</p><p>(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.
</p><p>(t) To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.
</p><p>(u) To such recipients and under such circumstances and procedures as are mandated by federal statute or
treaty.
</p><p>(v) To another Federal agency or Federal entity, when the Department 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.</p>
    <p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>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.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>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.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>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.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records in this system are maintained and disposed of in accordance with appropriate authority of the
National Archives and Records Administration.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Executive Office for OCDETF, U.S. Department of Justice, 950 Pennsylvania Avenue NW., Washington,
DC 20530-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as Record Access Procedures.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>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 <i>http://www.justice.gov/oip/forms/cert_ind.pdf.</i> 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.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>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 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.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>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.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>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 <i>Federal Register</i>.
</p></xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p>78 FR 56926 (September 16, 2013): Last published in full.</p>
</xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/DAG-006</systemNumber>
<subsection type="systemName">Presidential Appointee Candidate Records System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of the Deputy Attorney General, United States Department of Justice, 10th and
Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system encompasses all individuals who are brought to the attention of the Department
of Justice as potential candidates for appointment as United States Judges, United States Attorneys,
or United States Marshals.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>As to any particular individual, the number and kind of records may vary according to the
qualifications of the individual. Thus, these records, in some instances, contain merely single
letters from the individual himself or some other person recommending his consideration for one of
the positions mentioned in the Categories of individuals. The records may also contain biographical
sketches of the individual supplied either by the individual himself or the person recommending him.
If the individual is under serious consideration for nomination for appointment, a confidential
evaluation of his qualifications for the position will be in his folder. Also present may be
completed background investigations on the individual. Letters, if any are received, protesting the
individual’s potential appointment may also be in the folder. Also present would be any information
supplied by the individual or any other letters of recommendation.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>These records are maintained pursuant to 5 U.S.C. 301.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The routine uses of these records vary with the amount of consideration given to nominating
the individual for appointment. In some instances, the records are stored, reviewed by Department
personnel, and destroyed as outlined under Retention and Disposal. The candidate’s entire record
folder would be sent to the President upon his request. After a candidate is nominated and his
nomination is pending Senate confirmation, the background investigation is routinely provided to
Chairman of the Senate Judiciary Committee. The fact that the candidate was being considered for
appointment would be made known to the references supplied by the candidate and others contacted.
Information about the candidate, as then known, might be supplied to contacted individuals as
necessary to verify already obtained information or to seek elaboration of that information.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice 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><p>Release of information to Members of Congress: Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration. A record from a
system of records may be disclosed as a routine use to the National Archives and Records
Administration (NARA) in records management inspections conducted under the authority of 44 U.S.C.
2904 and 2906.
</p><p>Release of information to civil or criminal law enforcement agencies: Information may be
disclosed to any civil or criminal law enforcement agency, whether Federal, State, local, or
foreign, which requires information relevant to a civil or criminal investigation.
</p><p>Release of information to agencies regarding the hiring or retention of employees: Information
may be disclosed to officials and employees of the White House or any Federal agency which requires
information relevant to an agency decision concerning the hiring, appointment, or retention of an
employee; the issuance of a security clearance; the execution of a security or suitability
investigation; the classification of a job; or the issuance of a grant or benefit.
</p><p>Release of information to Federal, State, and local licensing agencies: Information may be
disclosed to Federal, State, and local licensing agencies or associations which require information
concerning the suitability or eligibility of an individual for a license or permit.
</p><p>Release of information before a court or adjudicative body: Information may be disclosed in a
proceeding before a court or adjudicative body before which the Office of the Deputy Attorney
General (ODAG) is authorized to appear when (a) ODAG, or any subdivision thereof, or (b) any
employee of ODAG in his or her official capacity, or (c) any employee of ODAG in his or her
individual capacity where the Department of Justice has agreed to represent the employee, or (d) the
United States, where ODAG determines that the litigation is likely to affect it or any of its
subdivisions, is a party to litigation or has an interest in litigation and such records are
determined by ODAG to be arguably relevant to the litigation.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>These records are maintained in paper folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved from this system by reference first to the office, indexed
geographically or by the circuit or district, for which the individual is being considered, and then
alphabetically by name of the candidate.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>These records are stored in cabinets which are kept in a locked room.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>These records are kept for five years and then destroyed, unless the individual receives the
appointment. In that event, his individual record is transferred to another records system.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Associate Deputy Attorney General, Office of the Deputy Attorney General, United States
Department of Justice, 10th and Constitution Avenue NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address all inquiries to the System Manager. These records will be exempted from subsections
(d)(1) and (e)(1) of section 552a, Title, United States Code, by the Attorney General under the
authority of 5 U.S.C. 552a(k)(5) to the extent therein permitted.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to non-exempt portions of records from this system should be directed
orally or in writing to the Associate Deputy Attorney General. When requests are in writing, the
envelope and letter should clearly be marked "Privacy Access Request."
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the Associate Deputy Attorney General stating clearly and concisely what
information is being contested, the reasons for contesting it, and the proposed amendment(s) to the
information.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Non-exempt sources of information in this system include the general public, the candidates
themselves, government agencies where appropriate, and any other interested party.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (d)(1) and (e)(1) of the
Privacy Act pursuant to 5 U.S.C. 552a(k)(5). 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 <i>Federal
Register</i>.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/DAG-007</systemNumber>
<subsection type="systemName">Presidential Appointee Records System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of the Deputy Attorney General, United States Department of Justice, 10th and
Constitution Avenue NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The system encompasses the following: Department of Justice Presidential appointees and
retired, resigned, or deceased appointees.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system of records consists of records folders which may contain up to five sections.
The personnel section includes such items as biographical sketches, qualification statements,
completed Civil Service forms if applicable, letters recommending appointment, notifications of
appointment, and other personnel-related matters. The character section contains completed or
portions of ongoing background investigations and matters related thereto. The Congressional section
contains Congressional and other political type recommendations regarding appointment. The protest
section contains correspondence, if any exists, protesting the appointment of candidates. The
complaint section contains correspondence from individuals or groups complaining about office
holders.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>These records are maintained pursuant to 5 U.S.C. 301.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Generally, these records are used only for internal Department of Justice purposes. Prior to
appointment, routine uses would include those specified for the Presidential Appointee Candidate
Records System. If an appointee leaves the Department, information contained in his personnel folder
might be used as the basis for answering inquiries from prospective employers about his
qualifications and performance. The personnel section of his folder would be made available to other
federal agencies, at their request, upon the transfer of the appointee to such an agency.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice 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><p>Release of information to Members of Congress: Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration: A record from a
system of records may be disclosed as a routine use to the National Archives and Records
Administration (NARA) in records management inspections conducted under the authority of 44 U.S.C.
2904 and 2906.
</p><p>Release of information to civil or criminal law enforcement agencies: Information may be
disclosed to any civil or criminal law enforcement agency, whether Federal, State, local, or
foreign, which requires information relevant to a civil or criminal investigation.
</p><p>Release of information to agencies regarding the hiring or retention of employees: Information
may be disclosed to officials and employees of the White House or any Federal agency which requires
information relevant to an agency decision concerning the hiring, appointment, or retention of an
employee; the issuance of a security clearance; the execution of a security or suitability
investigation; the classification of a job; or the issuance of a grant or benefit.
</p><p>Release of information to Federal, State, and local licensing agencies: Information may be
disclosed to Federal, State, and local licensing agencies or associations which require information
concerning the suitability or eligibility of an individual for a license or permit.
</p><p>Release of information before a court or adjudicative body: Information may be disclosed in a
proceeding before a court or adjudicative body before which the Office of the Deputy Attorney
General (ODAG) is authorized to appear when (a) ODAG, or any subdivision thereof, or (b) any
employee of ODAG in his or her official capacity, or (c) any employee of ODAG in his or her
individual capacity where the Department of Justice has agreed to represent the employee, or (d) the
United States, where ODAG determines that the litigation is likely to affect it or any of its
subdivisions, is a party to litigation or has an interest in litigation and such records are
determined by ODAG to be arguably relevant to the litigation.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>These records are stored in paper folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by using the name of the individual who is the subject of the
folder.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>These records are stored in cabinets which are kept in a locked room.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>The personnel section of these records is retained indefinitely at the Office of the Deputy
Attorney General, except in the instance of an appointee who resigns or dies, in which case that
section is sent to the St. Louis Records Center for indefinite storage. All other sections of the
folders, in the instance where an appointee dies or resigns, are sent to the Suitland, Maryland
Records Center for storage for five years and then destroyed.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Associate Deputy Attorney General, Office of the Deputy Attorney General, United States
Department of Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address all inquiries to the System Manager. These records will be exempted from subsections
(d)(1) and (e)(1) of section 552a, Title 5, United States Code, by the Attorney General under
authority of 5 U.S.C. 552a(k)(5) to the extent therein permitted.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to non-exempt portions of records from this system should be directed
orally or in writing to the System Manager. When requests are in writing, the envelope and letter
should clearly be marked "Privacy Access Request."
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the System Manager, stating clearly and concisely what information is being
contested the reasons for contesting it, and the proposed amendment(s) to the information.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Non-exempt sources of information contained in this system include the general public, the
subjects of the records themselves, government agencies when appropriate, and any other interested
party.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (b)(1) and (e)(1) of the
Privacy Act pursuant to 5 U.S.C. 552a(k)(5). 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 <i>Federal
Register</i>.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/DAG-008</systemNumber>
<subsection type="systemName">Special Candidates for Presidential Appointments and Noncareer SES Positions Records System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of the Deputy Attorney General, United States Department of Justice, 10th and
Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The system encompasses all individuals under consideration for presidential appointments as
division heads, deputy division heads, or noncareer SES positions in the Department of Justice.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system of records consists of personnel folders which may contain up to a total of four
sections. The personnel section contains records such as reÿAE1sumeÿAE1s, letters of recommendation,
and related personnel matters. The character section contains completed and portions of ongoing
background investigations and matters related thereto. The Congressional section contains
Congressional and other political type recommendations regarding appointment. The protest section
contains correspondence, if any exists, protesting the appointment of candidates. The majority of
these personnel folders contain only the personnel section.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>These records are maintained pursuant to 5 U.S.C. 301.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>Records are maintained in this system to assist the President, White House officials or
employees, the Congress, and/or Department of Justice officials in obtaining information necessary
to determine the qualifications and suitability of candidates for the positions of Department of
Justice division head, deputy division head or noncareer SES.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Relevant information from this system may be disclosed as indicated below: The routine uses
of these records vary with the amount of consideration given to nominating, clearing or selecting
the candidate for appointment. In some instances, the records are stored, reviewed by designated
Department personnel, and destroyed as outlined under Retention and Disposal. The candidate’s record
folder, or a portion thereof, may be provided to the White House.  The fact that the candidate was
being considered for appointment would be made known to the references supplied by the candidate and
others contacted. Information about the candidate, as then known, might be supplied to such
references and/or such contacted individuals as necessary to verify already obtained information or
to seek elaboration of that information.
</p><p>Information permitted to be released to the news media and the public pursuant to 28 CFR 50.2 may
be made available 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><p>Information not otherwise required to be released pursuant to 5 U.S.C. 552 may be made available
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.
</p><p>A record from this system of records may be disclosed as a routine use to the General Services
Administration and the National Archives and Records Administration in records management
inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>In the event that a record(s) in this system indicates a violation or potential violation of law
--criminal, civil, or regulatory in nature--the relevant records may be referred to the
appropriate Federal, State, local, or foreign agency charged with the responsibility for
investigating or prosecuting such violation or charged with enforcing or implementing such law. </p><p>
Information may be disclosed to officials and employees of the White House or any Federal agency
which requires information relevant to an agency decision concerning the hiring, appointment, or
retention of an employee; the issuance of a security clearance; the execution of a security or
suitability investigation; the classification of a job; or the issuance of a grant or benefit.
</p><p>Information may be disclosed to Federal, State, and local licensing agencies or associations
which require information concerning the suitability or eligibility of an individual for a license
or permit.
</p><p>Information may be disclosed in a proceeding before a court or adjudicative body before which the
Office of the Deputy Attorney General (ODAG) is authorized to appear when (a) ODAG or any
subdivision thereof, or (b) any employee of ODAG in his or her official capacity, or (c) any
employee of ODAG in his or her individual capacity where the Department of Justice has agreed to
represent the employee, or (d) the United States, where ODAG determines that the litigation is
likely to affect it or any of its subdivisions, is a party to litigation or has an interest in
litigation and such record is determined by ODAG to be arguably relevant to the litigation.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage: </p>
<p>These records are stored in paper holders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by the name of individuals seeking appointment as the files are
arranged alphabetically by same.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>These records are in cabinets in a locked room.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>In the event a candidate is not nominated or selected for appointment, his record is
maintained for five years and then destroyed. If the candidate is appointed, his records are
transferred to the Presidential Appointee Records System.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Associate Deputy Attorney General, Office of the Deputy Attorney General, United States
Department of Justice, 10th and Constitution Avenue NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address all inquiries to the System Manager. These records will be exempted from subsections
(d)(1) and (e)(1) of sections 552a, title 5, United States Code, by the Attorney General under the
authority of 5 U.S.C. 552a(k)(5) to the extent therein permitted.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to non-exempt portions of records from this system should be directed
orally or in writing to the System Manager. When requests are in writing, the envelope and letter
should clearly be marked "Privacy Access Request."
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the System Manager, stating clearly and concisely what information is being
contested, the reasons for contesting it, and the proposed amendment(s) to the information.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information include the general public, the subjects of the records themselves,
government agencies when appropriate, and parties who know the record subject.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (d)(1) and (e)(1) of the
Privacy Act pursuant to 5 U.S.C. 552a(k)(5). Rules have been promulgated in accordance with the
requirement of 5 U.S.C. 553(b), (c) and (e) and have been published in the <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/DAG-009</systemNumber>
<subsection type="systemName">Summer Intern Program Records System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of the Deputy Attorney General, United States Department of Justice, 10th and
Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>All individuals who submit applications for the Department’s Summer Intern Program for Law
Students.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system of records consists of items such as completed Civil Service forms, law school
grade transcripts, letters of recommendation, and completed Summer Law Intern Applications.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>These records are maintained pursuant to 5 U.S.C. 301.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>These records are used by Department personnel for recruitment purposes. However, in the
case of an applicant with regard to whom the Department has decided not to extend an offer of
employment, his or her application and Civil Service forms might be referred to another agency, upon
its request, for that agency’s recruitment purposes.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice 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><p>Release of infomation to Members of Congress. Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available to a Member of Congress or staff acting upon the Department’s behalf of
and at the request of the individual who is the subject of the record.
</p><p>Release of information to the National Archives and Records Administration: A record from a
system of records may be disclosed as a routine use to the National Archives and Records
Administration (NARA) in records management inspections conducted under the authority of 44 U.S.C.
2904 and 2906.
</p><p>Release of information to civil or criminal law enforcement agencies: Information may be
disclosed to any civil or criminal law enforcement agency, whether Federal, State, local, or
foreign, which requires information relevant to a civil or criminal investigation.
</p><p>Release of information to agencies regarding the hiring or retention of employees: Information
may be disclosed to officials and employees of the White House or any Federal agency which requires
information relevant to an agency decision concerning the hiring, appointment, or retention of an
employee; the issuance of a security clearance; the execution of a security or suitability
investigation; the classification of a job; or the issuance of a grant or benefit.
</p><p>Release of information to Federal, State, and local licensing agencies: Information may be
disclosed to Federal, State, and local licensing agencies or associations which require information
concerning the suitability or eligibility of an individual for a license or permit.
</p><p>Release of information before a court or adjudicative body: Information may be disclosed in a
proceeding before a court or adjudicative body before which the Office of the Deputy Attorney
General (ODAG) is authorized to appear when (a) ODAG, or any subdivision thereof, or (b) any
employee of ODAG in his or her official capacity, or (c) any employee of ODAG in his or her
individual capacity where the Department of Justice has agreed to represent the employee, or (d) the
United States, where ODAG determines that the litigation is likely to affect it or any of its
subdivisions, is a party to litigation or has an interest in litigation and such records are
determined by ODAG to be arguably relevant to the litigation.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>These records are stapled together.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by use of the applicant’s name, as these records are filed by use
of the first letter of the applicant’s last name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>These records are maintained in cabinets stored in a locked room.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>These records are retained, in the case of applicants who are not offered positions, for one
year and then destroyed. In the case of accepted applicants, their records enter the Civil Service
system.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Associate Deputy Attorney General, Office of the Deputy Attorney General, United States
Department of Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as the above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to these records should be directed orally or in writing to the System
Manager. When requests are in writing, the envelope and letter should clearly be marked `Privacy
Access Request’.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the System Manager, stating clearly and concisely what information is being
contested, the reasons for contesting it, and the proposed amendment(s) to the information.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information contained in this system is obtained from the applicant and references provided
by him.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/DAG-010</systemNumber>
<subsection type="systemName">United States Judge and Department of Justice Presidential Appointee
Records.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of the Deputy Attorney General, United States Department of Justice, 10th and
Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system encompasses all United States Judges and all Department of Justice Presidential
Appointees.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>A. 1. Card index relating to United States Judges which includes name, salary, Congress of
appointment, State of birth, political party (if voluntarily provided), religion (if voluntarily
provided), and American Bar Association rating.
</p><p>2. Information on the above mentioned card index, except religion, is also maintained on word
processing equipment.
</p><p>B. Cross index of judges’ names and districts.
</p><p>C. Roster of districts showing the dates of duty of district court judges and Department of
Justice Presidential Appointees, indexed alphabetically by name.
</p><p>D. Book of commissions of United States Judges and Department of Justice Presidential Appointees
in order by date of appointment and indexed alphabetically by name.
</p><p>E. Nomination book showing the name of the nominated Judge or Department of Justice Presidential
Appointee, the date the proposed nomination was sent to the White House, the date the nomination was
made to the Senate, the date of confirmation, the date of appointment, and the date of entrance on
duty. This book is in chronological order, and is indexed alphabetically by name of the nominee.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>These records are maintained pursuant to 5 U.S.C. 301.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>These records are maintained to make responses to public inquiries regarding these
individuals noted in Categories of individuals (the political party and religion of an appointee is
not released), and for Department internal purposes.
</p><p>Release of information to the new media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from system of records maintained by
the Department of Justice 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><p>Release of information to Members of Congress. Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available to a Member of Congress or staff acting upon the Member’s behalf when the
Member or staff requests the inforation on behalf of and at the request of the individual who is the
subject of the record.
</p><p>Release of information to the National Archives and Records Administration: A record from a
system of records may be disclosed as a routine use to the National Archives and Records
Administration (NARA) in records management inspections conducted under the authority of 44 U.S.C.
2904 and 2906.
</p><p>Release of information to civil or criminal law enforcement agencies: Information may be
disclosed to any civil or criminal law enforcement agency, whether Federal, State, local, or
foreign, which requires information relevant to a civil or criminal investigation.
</p><p>Release of information to agencies regarding the hiring or retention of employees: Information
may be disclosed to officials and employees of the White House or any Federal agency which requires
information relevant to an agency decision concerning the hiring, appointment, or retention of an
employee; the issuance of a security clearance; the execution of a security or suitability
investigation; the classification of a job; or the issuance of a grant or benefit.
</p><p>Release of information to Federal, State, and local licensing agencies: Information may be
disclosed to Federal, State, and local licensing agencies or associations which require information
concerning the suitability or eligibility of an individual for a license or permit.
</p><p>Release of information before a court or adjudicative body: Information may be disclosed in a
proceeding before a court or adjudicative body before which the Office of the Deputy Attorney
General (ODAG) is authorized to appear when (a) ODAG, or any subdivision thereof, or (b) any
employee of ODAG in his or her official capacity, or (c) any employee of ODAG in his or her
individual capacity where the Department of Justice has agreed to represent the employee, or (d) the
United States, where ODAG determines that the litigation is likely to affect it or any of its
subdivisions, is a party to litigation or has an interest in litigation and such records are
determined by ODAG to be arguably relevant to the litigation.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage: </p>
<p>These records are kept on cards, in folders, in books, or on diskettes.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by those data elements identified in the "Categories of Records in
the System" section of this notice.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Biological sketches and diskettes are kept in a locked safe. All other information is kept
in cabinets or card files.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>This information is maintained indefinitely.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Associate Deputy Attorney General, Office of the Deputy Attorney General, United States
Department of Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as the above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request of access to these records should be directed orally or in writing to the System
Manager. When requests are in writing the envelope and letter should clearly be marked "Privacy
Access Request."
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the System Manager, stating clearly and concisely what information is being
contested, the reasons for contesting it, and the proposed amendment(s) to the information.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information contained in this system is obtained from the individuals who are the subjects
of the records and from other Department of Justice records.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/DAG-011</systemNumber>
<subsection type="systemName">Miscellaneous Attorney Personnel Records System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of the Deputy Attorney General United States Department of Justice, 10th and
Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Persons who applied to or are employed by the Department of Justice as attorneys and are not
included within another OAAG system.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system of records consists of records folders which may contain up to a total of four
sections. The personnel section contains records such as resumes, letter of recommendation, law
school grade transcripts, completed Civil Service forms, and related personnel matters. The
character section contains completed or portions of ongoing background investigations and matters
related thereto. The Congressional section contains Congressional and other political type
recommendations regarding appointment. The protest section contains correspondence, if any exists,
protesting the appointment of applicants. The complaint section contains correspondence from
individuals or groups complaining about office holders and may contain matters relating to the
disposition of those complaints. Rarely does a personnel folder contain more than the personnel and
character sections.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The records are maintained pursuant to 5 U.S.C. 301.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>These records are used only by Department of Justice personnel. Information contained in a
folder may be used as the basis for answering future inquiries from other government agencies about
a former employee’s qualifications. The personnel section may be made available to other federal
agencies, at their request, upon the transfer of an employee to such an agency.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice 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><p>Release of information to Members of Congress: Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration: A record from a
system of records may be disclosed as a routine use to the National Archives and Records
Administration (NARA) in records management inspections conducted under the authority of 44 U.S.C.
2904 and 2906.
</p><p>Release of information to civil or criminal law enforcement agencies: Information may be
disclosed to any civil or criminal law enforcement agency, whether Federal, State, local, of
foreign, which requires information relevant to a civil or criminal investigation.
</p><p>Release of information to agencies regarding the hiring or retention of employees: Information
may be disclosed to officials and employees of the White House or any Federal agency which requires
information relevant to an agency decision concerning the hiring, appointment, or retention of an
employee; the issuance of a security clearance; the execution of a security or suitability
investigation; the classification of a job; or the issuance of a grant or benefit.
</p><p>Release of information to Federal, State, and local licensing agencies: Information may be
disclosed to Federal, State, and local licensing agencies or associations which require information
concerning the suitability or eligibility of an individual for a license or permit.
</p><p>Release of information before a court or adjudicative body: Information may be disclosed in a
proceeding before a court or adjudicative body before which the Office of the Deputy Attorney
General (ODAG) is authorized to appear when (a) ODAG, or any subdivision thereof, or (b) any
employee of ODAG in his or her official capacity, or (c) any employee of ODAG in his or her
individual capacity where the Department of Justice has agreed to represent the employee, or (d) the
United States, where ODAG determines that the litigation is likely to affect it or any of its
subdivisions, is a party to litigation or has an interest in litigation and such records are
determined by ODAG to be arguably relevant to the litigation.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage: </p>
<p>These records are stored in paper folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by use of an individual’s name, as the folders are filed
alphabetically by name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>These records are maintained in cabinets stored in a lockable room.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>These records are retained until the subjects of the files resign or otherwise leave their
offices for non-federal employment. In that instance, the personnel section is sent to the St. Louis
Records Center for an indefinite period. If the individual transfers to another agency of the
Federal government, the personnel section is sent to the gaining agency. All other sections of the
folder are destroyed six months after the individual leaves office. The entire folders of
individuals who were applicants and were not offered employment or did not accept employment with
the Department are destroyed one year after final action is taken on the application.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Associate Deputy Attorney General, Office of the Deputy Attorney General, United States
Department of Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address all inquiries to the System Manager. These records will be exempted from subsections
(d)(1) and (e)(1) of section 552a, Title 5, United States Code, by the Attorney General under the
authority of 5 U.S.C. 552a(k)(5) to the extent therein permitted.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to non-exempt portions of records from this system should be directed
orally or in writing to the System Manager. When requests are in writing, the envelope and letter
should clearly be marked "Privacy Access Request."
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the System Manager, stating clearly and concisely what information is being
contested, the reasons for contesting it, and the proposed amendment(s) to the information.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Non-exempt sources of information contained in this system include the individuals who are
the subjects of the records, government agencies as appropriate, and interested third parties.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (d)(1) and (e)(1) of the
Privacy Act pursuant to 5 U.S.C. 552a(k)(5). 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 <i>Federal
Register</i>.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/DAG-013</systemNumber>
<subsection type="systemName">General Files System of the Office of the Deputy Attorney General.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of the Deputy Attorney General, United States Department of Justice, 10th and
Constitution Avenue NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The system encompasses individuals who relate to official Federal investigations, policy
decisions, and administrative matters of such significance that the Deputy Attorney General
maintains information indexed to the name of that individual, including, but not limited to,
subjects of litigation, targets of investigations, Members and staff members of Congress, upper-
echelon government officials, and individuals of national prominence or notoriety.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records may include case files, litigation materials, exhibits, internal memoranda and
reports, or other records on a given subject or individual. Records vary in number and kind
according to the breadth of the Deputy Attorney General’s responsibilities (28 CFR 0.15) and are
limited to those which are of such significance that the Deputy Attorney General has investigative,
policy, law enforcement, or administrative interest. An index to these records is described under
the caption "Retrievability."
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>These records are maintained pursuant to 5 U.S.C. 301.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>These records may be disclosed 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 privacy.
</p><p>These records may be disclosed to a Member of Congress or staff acting on the Member’s behalf
when the Member or staff requests the information for investigative or policy decisionmaking
purposes or to provide constituent assistance.
</p><p>These records may be disclosed to members of the judicial branch of the Federal Government in
response to a specific request where disclosure appears relevant to the authorized function of the
recipient judicial office or court system.
</p><p>These records may be disclosed to any civil or criminal law enforcement authorities, whether
Federal, State, local, or foreign, which require information relevant to a civil or criminal
investigation.
</p><p>These records may be disclosed to the National Archives and Records Administration (NARA) in
records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>These records may be disclosed to officials and employees of the White House or any Federal
agency which requires information relevant to an agency decision concerning the hiring, appointment,
or retention of an employee, the issuance of a security clearance, the conducting of a security or
suitability investigation, the classifying of a job, or the issuance of a grant or benefit.
</p><p>These records may be disclosed to Federal, State, and local licensing agencies or associations
which require information concerning the eligibility or suitability of an individual for a license
or permit.
</p><p>These records may be disclosed in a proceeding before a court or adjudicative body before which
the Office of the Deputy Attorney General is authorized to appear when (a) the Office of the Deputy
Attorney General, or any subdivision thereof, or (b) any employee of the Office of the Deputy
Attorney General in his or her official capacity, or (c) any employee of the Office of the Deputy
Attorney General in his or her individual capacity where the Department of Justice has agreed to
represent the employee, or (d) the United States, where the Office of the Deputy Attorney General
determines that the litigation is likely to affect it or any of its subdivisions, is a party to
litigation or has an interest in litigation and such records are determined by the Office of the
Deputy Attorney General to be arguably relevant to the litigation.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>

<p>Records are stored in paper folders and on index cards. As of April, 1982, the index record is
also stored on magnetic disks.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Deputy Attorney General records created prior to 1973 were incorporated into Attorney
General files, and are retrievable from the index to the General Files System of the Office of the
Attorney General. Records created by the Office of the Deputy Attorney General since 1973 are
indexed and retrieved manually by use of the subject title, individual’s name, or Department
component which created the record. As of April 1982, records may also be retrieved through a
computerized logging system.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Records are maintained in locked cabinets stored in a locked room or, in the case of those
records that are classified, in safes or vaults stored in a locked room. The computer is also
maintained in a locked room. The computer has a key lock and may be accessed only by persons with a
Top Secret clearance by use of a code.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are kept indefinitely.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Associate Deputy Attorney General, Office of the Deputy Attorney General, United States
Department of Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address all inquiries to the system manager. These records will be exempted from subsections
(c) (3) and (4); (d); (e) (1), (2), and (3), (e)(4) (G) and (H), (e)(5); and (g) of the Privacy Act
pursuant to 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), and (k)(5).
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Make all requests for access to records from this system in writing to the system manager,
and clearly mark both the letter and envelope "Privacy Act Request."
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Make all requests to contest or amend information maintained in the system in writing to the
system manager. State clearly and concisely what information is being contested, the reasons for
contesting it, and the proposed amendment(s) to the information.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system include individuals, State, local and
foreign government agencies as appropriate, the executive and legislative branches of the Federal
Government, and interested third parties.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>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 (g) of the Privacy Act pursuant to 5 U.S.C.
552a(j)(2), (k)(1), (k)(2), and (k)(5). Rules have been promulgated in accordance with the
requirement of 5 U.S.C. 553(b), (c) and (e) and have been published in the <i>Federal Register</i>.
These exemptions apply only to the extent that information in a record pertaining to a particular
individual relates to official Federal investigations and law enforcement matters. Those files
indexed under an individual’s name and which concern policy formulation or administrative matters
are not being exempted pursuant to 5 U.S.C. 552(j)(2), (k)(1), (k)(2) or (k)(5).
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/COPS-001</systemNumber>
<subsection type="systemName">Police Corps System, Justice/COPS-001.
 </subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records may be retained at the U.S. Department of Justice ("DOJ" ), Office of Community
 Oriented Policing Services ("COPS" ), Office of the Police Corps and Law Enforcement Education,
 1100 Vermont Ave., NW., Washington, DC 20530.
 </p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals who have applied for educational scholarships under the Police Corps Program;
 individuals who have been approved to receive such scholarships; and individuals who either are
 receiving, or have received, funds provided under the Police Corps Program.
 </p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Included are any records which may assist COPS in its administration of the Police Corps
 Program. Records may include an individual’s name; Social Security number; current residence and
 telephone number; financial data; scholarship application and associated forms; personal,
 professional and demographic background information (including age, race and gender); educational
 background and achievements; progress reports; designated police department assignment; and
 employment record within the assigned police department. Records may also include those generated
 as a result of a scholarship recipient’s failure to serve in a designated agency or otherwise
 fulfill the terms of the agreement (e.g. amounts due; status of claim; history of claim; and other
 records relevant to the scholarship recipient’s failure to fulfill the terms of the agreement).
 </p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system of records is established and maintained under the authority of 5 U.S.C. 552a
 and 42 U.S.C. 14095, 14097, 14102.
 </p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The purpose of the Police Corps System of Records is to support COPS in its administration
 of the Police Corps program which provides educational scholarships to students in exchange for
 their commitment to serve in a designated police department upon graduation. It will enable COPS to
 monitor the progress of the Police Corps program and its scholarship recipients, to maintain
 records on and to verify that all of the scholarship applicants and/or recipients have provided
 accurate background information, to calculate and verify amounts of educational assistance to be
 awarded, to process scholarship-related payments, and to select the State agencies which will
 participate in the Police Corps program. It will also allow COPS to pursue the collection of debts
 associated with the granting of scholarships.
 </p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. Relevant information may be used by Department of Treasury personnel in the processing
 of scholarship-related payments.
 </p><p>2. Relevant records may be disclosed, as appropriate, to designated State agencies to assist
 them in recruiting, screening and matching individuals with an appropriate police department.
 </p><p>3. Relevant records may be disclosed to contractors and subcontractors to the extent necessary
 to perform the required law enforcement training, administrative tasks, technical installations,
 maintenance operations and/or other similar duties.
 </p><p>4. In the event that a record(s) indicates a violation or a potential violation of the law,
 whether civil, criminal or regulatory in nature, the relevant records may be disclosed to the
 agency charged with enforcing or implementing such law.
 </p><p>5. Relevant records may be disclosed to a court or adjudicative body before which DOJ is
 authorized to appear when any of the following is a party to the litigation or has an interest in
 the litigation, and such records are determined by COPS to be arguably relevant to the litigation:
 (a) COPS or any subdivision thereof; (b) any COPS or other DOJ employee in his or her official
 capacity; (c) any COPS or other DOJ employee in his or her individual capacity where DOJ has agreed
 to represent the employee; or (d) the United States, where COPS has determined that the litigation
 is likely to affect it or any of its subdivisions.
 </p><p>6. Relevant records may be disclosed to an actual or potential party or to his or her attorney
 for the purpose of negotiation or discussion on such matters as settlement of the case or matter,
 or informal discovery proceedings.
 </p><p>7. Relevant records may be disclosed to a Federal agency in connection with the hiring or
 retention of an employee, the issuance of a security clearance, the reporting of an investigation
 of any employee, the letting of a contract, or the issuance of a license, grant or other benefit by
 the requesting agency, to the extent that the information relates to the requesting agency’s
 decision on the matter.
 </p><p>8. Relevant records may be disclosed to Federal, State, and local licensing agencies or
 associations which require information concerning the suitability or eligibility of an individual
 for a license or permit.
 </p><p>9. Relevant records may be disclosed to the National Archives and Records Administration and the
 General Services Administration for use in records management inspections conducted under the
 authority of 44 U.S.C. 2904 and 2906.
 </p><p>10. Relevant records may be disclosed to other Federal or State agencies as specified in
 applicable law or implementing regulations.
 </p><p>11. Relevant records may be disclosed to the news media and the public pursuant to 28 CFR 50.2
 unless it is determined that the release of the specific information in the context of a particular
 case would constitute an unwarranted invasion of personal privacy.
 </p><p>12. Relevant records may be disclosed 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.
 </p><p>13. Relevant records may be disclosed to the Internal Revenue Service to obtain addresses which
 may be used to locate a scholarship recipient, including delinquent scholarship recipients; or,
 where appropriate, to obtain information such as will enable COPS to assess and verify the ability
 of a delinquent scholarship recipient to repay debts owed to the Federal Government, e.g.,
 information as to whether a scholarship applicant has a delinquent tax account, or a tax refund
 due.
 </p><p>14. Relevant records may be provided to another Federal agency to effect either a salary offset
 or an authorized administrative offset to a delinquent account in order to collect debts owed to
 the Federal Government; or, when other collection efforts have failed, to the IRS to effect an
 offset against Federal income tax refund due, but only after due process requirements have been
 met.
 </p><p>15. Relevant records may be disclosed to any third party who may possess the information such as
 the U.S. Post Office, a State motor vehicle administration, a professional organization, an alumni
 association, etc., to obtain a current mailing address of the scholarship recipient, including
 delinquent scholarship recipients, in order to locate such individual(s).
 </p><p>16. Relevant records may be disclosed to a Federal, State, local, or foreign agency, or to an
 individual or organization, if there is reason to believe that such agency, individual, or
 organization possesses information relating to the debt, the identity or location of the debtor,
 the debtor’s ability to pay, or relating to any other matter which is relevant and necessary to the
 settlement, effective litigation and enforced collection of the debt, or relating to the civil
 action trial or hearing, and the disclosure is reasonably necessary to elicit such information or
 to obtain the cooperation of a witness or an agency.
 </p><p>17. Addresses obtained from the IRS may be redisclosed as follows:
 </p><p>(a) To debt collection agencies (or agents), but only for the purpose of locating an
 individual(s) to collect or compromise a claim;
 </p><p>(b) To consumer reporting agencies as part of the information provided under subsection (b)(12)
 (described below) which is directly related to the identity of the debtor.
 </p><p>Disclosure to consumer reporting agencies:
 </p><p>In accordance with section 3711(f) of Title 31 (as authorized under subsection (b)(12) of
 the Privacy Act (5 U.S.C. 552a)):
 </p><p>Information may be disclosed to a consumer reporting agency (as defined by 15 U.S.C. 1681a(f)
 and 31 U.S.C. 3701(a)(3)) where such information is directly related to the identity of the debtor,
 i.e., name, address, and taxpayer ID (SS#), together with the amount, status, and history of claim,
 and agency or program under which claim arose, for the purpose of encouraging repayment of overdue
 debts, e.g., to provide an incentive for delinquent scholarship recipients to repay Federal
 Government debts by making these debts a part of their credit records. Such disclosure may be made
 only when a claim is overdue and only after due process steps have been taken to notify the
 delinquent recipient and give him or her a chance to meet the terms of the debt. Prior to such
 disclosure, satisfactory assurances will be obtained from such consumer reporting agency concerning
 compliance by that agency with the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) and any other
 Federal law governing the provisions of consumer credit information.
 </p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose
 relevant and necessary information 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.
 </p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:
 </p><p>Information may be stored on electronic media via a configuration of personal computers,
 servers and mainframes, using hard disks, floppy diskettes, magnetic tape, compact disks, and/or
 optical disks. Documentary records will be maintained in file folders.
 </p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records will be retrievable by identifying an individual’s name; Social Security number;
 police department assignment; educational institution; or other identifying number or
 characteristic.
 </p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information will be safeguarded in accordance with U.S. Department of Justice rules and
 policies governing the security and access to automated information systems. These safeguards
 include the use of passwords and user identification codes to limit access only to authorized
 personnel in the performance of their official duties with respect to the Police Corps program.
 Additionally, paper records will be stored in secured areas to prevent unauthorized access.
 Moreover, any individual who has access to the system of records will be required to protect the
 information from public view and from unauthorized use.
 </p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records will be retained and/or destroyed in accordance with U.S. Department of Justice
 rules and policies. The retention and destruction schedule for these records in pending approval.
 Computerized records will be destroyed by shredding, degaussing, etc., and documentary records will
 be destroyed by shredding.
 </p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Office of Community Oriented Policing Services, Office of the Police Corps and
 Law Enforcement Education, 1100 Vermont Avenue, NW, Washington, DC 20530.
 </p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Please direct any inquiries concerning the system of records, including questions relating
 to whether the system contains information about you, to the System Manager identified above.
 </p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Address requests in writing to the System Manager identified above, and provide a
 reasonable description of the record being sought.
 </p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Address requests in writing to the System Manager identified above and provide a reasonable
 description of the record; state clearly and concisely the information being contested, the reasons
 for requesting the correction, and the proposed amendment to the information. In addition, provide
 supporting information to show how the record is inaccurate, incomplete, untimely, or irrelevant.
 </p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>All information contained in the system of records is obtained from the individuals covered
 by the system; their educational institutions; consumer reporting agencies; designated State
 agencies; other Federal agencies, including but not limited to the IRS and the U.S. Postal Service;
 and third parties who serve as references for the individual.
 </p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
 </p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/COPS-002</systemNumber>
<subsection type="systemName">COPS Online Ordering System.
 </subsection>
<subsection type="securityClassification"><xhtmlContent><p>Unclassified.
 </p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are maintained at two locations where the Office of Community Oriented Policing
 Services (COPS) operations are supported: 145 N Street NE., Washington, DC 20530, and 1151-D
 Seven Locks Road, Rockville, MD 20854. Contact information is listed on the COPS Internet Web site,
 <i>http://www.cops.usdoj.gov/</i>.
 </p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals who submit requests via online order forms on the COPS Internet Web site, or
 via other means such as mail, telephone, or fax, to receive free COPS knowledge resource products
 or other COPS-related information. These individuals include, but are not limited to, law
 enforcement officers, government officials, scholars, researchers, and members of the general
 public.
 </p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The COPS Online Ordering System contains contact information for requesters, including
 names, organizations, organization types, agency types, titles, street addresses, phone numbers,
 fax numbers, and email addresses. The system also contains order information, such as a requester’s
 preferences regarding products or information to be provided and future updates.
 </p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>General authority for COPS mission activities includes the Violent Crime Control and Law
 Enforcement Act of 1994 (Pub. L. 103-322) and the Violence Against Women and Department of
 Justice Reauthorization Act of 2005 (Pub. L. 109-162). Specifically, COPS is authorized to
 provide technical assistance to States, units of local government, Indian tribal governments, and
 public and private entities to advance community policing.
 </p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent>
 <p>The system collects contact and order information from individuals who request specific
 COPS knowledge resource products, or other COPS-related information, for the purpose of assisting
 COPS in managing and responding to such requests.
 </p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>In addition to those disclosures generally permitted under 5 U.S.C. 552a(b), all or a
 portion of the records or information contained in this system may be disclosed outside the
 Department as a routine use pursuant to 5 U.S.C. 552a(b)(3) under the circumstances and for the
 purposes described below, to the extent such disclosures are compatible with the purposes for which
 the information was collected:
 </p><p>A. 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><p>B. 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.
 </p><p>C. 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.
 </p><p>D. To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.
 </p><p>E. 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.
 </p><p>F. 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.
 </p><p>G. Where a record, either alone or in conjunction with other information, indicates a violation
 or potential violation of law--criminal, civil, or regulatory in nature--the relevant
 records may be referred to the appropriate federal, state, local, territorial, tribal, or foreign
 law enforcement authority or other appropriate entity charged with the responsibility for
 investigating or prosecuting such violation or charged with enforcing or implementing such law.
 </p><p>H. To such recipients and under such circumstances and procedures as are mandated by federal
 statute or treaty.
 </p><p>I. 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.
 <p>J. To another Federal agency or Federal entity, when the Department 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.</p>        
 </p><p>DISCLOSURE TO CONSUMER REPORTING AGENCIES:
 </p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent>
 <p>STORAGE:
 </p><p>Records in this system are stored on paper and/or in electronic form. Records are stored
 securely in accordance with applicable executive orders, statutes, and agency implementation
 recommendations.
 </p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by an individual’s name or other identifying information.
 </p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information in this system is safeguarded in accordance with appropriate laws, rules, and
 policies, including the Department’s automated systems security and access policies. Records and
 technical equipment are maintained in buildings with restricted access. The required use of
 password protection identification features and other system protection methods also restrict
 access. Access is limited to those who have an official need for access to perform their official
 duties. Electronic records are accessed only by authorized personnel with accounts on the COPS
 computer network. Additionally, direct access to certain information may be restricted depending on
 a user’s role and responsibility within the system. Paper records are safeguarded in accordance
 with appropriate laws, rules, and policies based on the classification and handling restrictions of
 the particular document.
 </p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are destroyed three years after the calendar year in which the information was
 collected, Disposition Authority N1-060-10-023, item 001.
 </p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Information Technology Operations Manager, COPS, 145 N Street NE., Washington, DC 20530.
 </p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as the Record Access Procedures, below.
 </p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Requests for access to a record in this system must be in writing and should be addressed
 to the System Manager named above. The envelope and the letter should be clearly marked "
 Privacy Act Request." Requests for access to records must comply with the Department’s
 Privacy Act regulations set forth in 28 CFR subpart D (Protection of Privacy and Access to
 Individual Records Under the Privacy Act of 1974). The request should include a description of the
 records sought and must include sufficient information to verify identity, including the
 requester’s full name, current address, and place and date of birth. The request must be signed and
 dated and either notarized or submitted under 28 U.S.C. 1746, a law that permits statements to be
 made under penalty of perjury as a substitute for notarization. While no specific form is required,
 you may obtain a form (Form DOJ-361) for use in certification of your identity by writing to
 the FOIA/PA Mail Referral Unit, Department of Justice, Room 115, LOC Building, Washington, DC 20530
 -0001, or by visiting the Department’s Web site at <i>
 http://www.justice.gov/oip/forms/cert_ind.pdf</i>.
 </p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Requests for amendment or correction of information maintained in the system should be
 directed to the System Manager and follow the Record Access Procedures provided above. In addition,
 the request should also comply with the provisions of 28 CFR 16.46, which include requirements to
 identify each particular record in question and state clearly and concisely what information is
 being contested, the reasons for contesting it, and the proposed amendment or correction desired.
 (Individuals may also submit changes to contact or order information by updating their account
 information on the COPS Web site.)
 </p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information contained in this system is provided by individuals who submit requests for
 COPS knowledge resource products or other COPS-related information.
 </p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
  </p></xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p>77 FR 28898 (May 16, 2012): Last published in full.</p>
</xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/NSD-001</systemNumber>
<subsection type="systemName">Foreign Intelligence and Counterintelligence Records System.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>The majority of information in this system of records is classified. The remaining
 information is Sensitive But Unclassified.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>United States Department of Justice, 950 Pennsylvania Ave., NW., Washington, DC 20530
 -0001.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals who are the subject of applications for electronic surveillance, physical
 search, and other foreign intelligence and foreign counterintelligence investigations authorized by
 the Foreign Intelligence Surveillance Court (FISC) pursuant to the Foreign Intelligence
 Surveillance Act of 1978, as amended, 50 U.S.C. 1801 <i>et seq.</i> (FISA), Executive Order 12333,
 and other applicable executive orders governing foreign intelligence; individuals about whom
 information was obtained by a foreign intelligence electronic surveillance or other search where
 issues pertaining to the surveillance or search were raised in subsequent litigation; individuals
 whose activities are the subject of a properly authorized foreign intelligence, foreign
 counterintelligence, or international terrorism investigation, or investigative techniques not
 requiring approval from the FISC or whose activities form the crux of a foreign intelligence or
 counterintelligence policy or operational question; individuals who are not the subjects or
 proposed subjects of particular investigations or investigative techniques, but who are identified
 in connection with the authorities for such investigations or techniques, because of their
 communications or associations with such subjects or their involvement in related activities of
 foreign intelligence or counterintelligence (including counterterrorism) interest; and NSD
 attorneys.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system consists of FISA applications, authorizations for foreign intelligence and
 foreign counterintelligence operations, supporting documentation, and FISC orders or Attorney
 General certifications, as appropriate. This includes notes, memoranda, legal opinions, and reports
 acquired or produced by the National Security Division (NSD) in the course of executing its
 assigned functions of preparing FISA applications. Included in this system are recommendations to
 the Attorney General concerning Attorney General authorizations for physical searches, pursuant to
 Executive Order (E.O.) 12333, and electronic surveillances abroad of United States persons that are
 requested by entities within the Intelligence Community pursuant to FISA and other applicable
 executive orders governing foreign intelligence. This system also includes documents related to
 authority to conduct particular investigations or to use certain techniques in particular
 investigations. Included in this system are legal opinions regarding questions of law and policy
 that relate to United States intelligence activities, and supporting documentation prepared in
 connection with litigation.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system was established and is maintained pursuant to 44 U.S.C. 3101, 3103, 3105 and 28
 CFR 0.72, to implement the provisions of 50 U.S.C. 1801 <i>et seq.</i> as amended and the
 applicable executive order(s) governing foreign intelligence surveillance and classified national
 security information.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>This system is maintained to enable NSD staff to prepare applications under FISA; maintain
 an accurate record of applications filed by the United States before the FISC; participate in the
 review, development, implementation and oversight of United States intelligence,
 counterintelligence, and national security policy matters; provide legal advice to the Attorney
 General and the United States intelligence agencies regarding questions of law and policy that
 relate to United States intelligence activities; support litigation issues pertaining to foreign
 intelligence collections; and, analyze, interpret, and comment upon proposed statutes, executive
 orders, guidelines and other directives pertaining to foreign intelligence, counterintelligence,
 and national security activities.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>These records are routinely used by NSD staff in performing the duties ascribed to the NSD.
 Information may be disclosed from this system consistent with restrictions that apply to classified
 information, and consistent with the FISA, as follows:
 </p><p>A. To any court, department, officer, agency, regulatory body or other authority of the United
 States, a state or a political subdivision thereof, or to any aggrieved person or representative of
 an aggrieved person, during the course of a trial, hearing, or other proceeding.
 </p><p>B. In an appropriate proceeding before a court, 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.
 </p><p>C. To the Administrative Office of the United States Courts and to Congress.
 </p><p>D. To agencies or entities in the intelligence community that have submitted a policy or
 operational question to the NSD when the information is necessary in the course of providing legal
 advice in response to the question.
 </p><p>E. 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.
 </p><p>F. To the news media and the public, including disclosures pursuant to 28 CFR 50.2, unless it is
 determined that release of the information in the context of a particular case would constitute an
 unwarranted invasion of personal privacy.
 </p><p>G. 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.
 </p><p>H. 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.
 </p><p>I. To such recipients and under such circumstances and procedures as are mandated by federal
 statute or treaty.
 </p><p>J. To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.</p>
<p>K. To another Federal agency or Federal entity, when the Department 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.</p>
<p>Disclosure to Consumer Reporting Agencies:
 </p><p>None.
 </p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:
 </p><p>Records in this system are stored on paper, and/or in electronic form. Records that contain
 classified national security information are stored in accordance with applicable executive orders,
 statutes, and agency implementing regulations.
 </p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by the name of the actual or proposed target of the electronic
 surveillance or physical search, and persons in contact with the target. Information may also be
 retrieved by the caption of the litigation, including the names of individuals, and through the use
 of a subject matter index that includes the names of individuals. Information may also be retrieved
 by name of the NSD attorney assigned.
 </p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information in this system is safeguarded in accordance with applicable laws, rules, and
 policies, including the Department’s automated systems security and access policies. Classified
 information is appropriately stored in safes and in accordance with other applicable requirements.
 Records and technical equipment are maintained in a secured area with restricted access. The
 required use of password protection identification features and other system protection methods
 also restrict access.
 </p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records in this system are maintained and disposed of in accordance with all applicable
 statutory and regulatory requirements.
 </p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Deputy Counsel for Intelligence Policy, Office of Intelligence Policy &amp; Review,
 National Security Division,
 U.S. Department of Justice,
 950 Pennsylvania Avenue, NW.,
 Washington, DC 20530-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address any inquiries to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A major part of this system is exempted from this requirement under subsections (c)(3) and
 (4); (d); (e)(1), (2), (3), (4)(G), (H) and (I), (5) and (8); (f); (g); and (h) of the Privacy Act
 pursuant to 5 U.S.C. 552a(j)(2), (k)(1), (2), and (5). A determination as to exemption shall be
 made at the time a request for access is received. A request for access to records contained in
 this system shall be made in writing, with the envelope and letter clearly marked "Privacy Act
 Request."  The request should include the full name of the individual involved, the individual’s
 current address, date and place of birth, and his or her signature which shall be notarized or made
 pursuant to 28 U.S.C. 1746 as an unsworn declaration, along with any other information which may be
 of assistance in locating and identifying the record. The requester will also provide a return
 address for transmitting the information. Access requests will be directed to the System Manager
 listed above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals seeking to contest or amend information maintained in the system should direct
 their request to the System Manager listed above, stating clearly and concisely what information is
 being contested, the reasons for contesting it, and the proposed amendment to the information.
 </p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system include applications to the FISC and
 supporting documents that include investigative reports from federal law enforcement and
 intelligence agencies and other executive branch departments, and agencies conducting foreign
 counterintelligence and terrorism investigations that are client agencies of the Department of
 Justice. Occasional information from state, local or foreign governments, copies of criminal, civil
 and appellate court documents and related material, and the work product of Department of Justice
 and federal agency attorneys may also be included within this system.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3) and (4); (d); (e)(1),
 (2), (3), (4)(G), (H) and (I), (5) and (8); (f); (g); and (h) of the Privacy Act pursuant to 5
 U.S.C. 552a(j)(2), (k)(1), (2), and (5). 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 <i>Federal
 Register</i>. These exemptions apply only to the extent that information in the system is subject
 to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(1), (2) or (5). A determination as to exemption
 shall be made at the time a request for access or amendment is received.
</p></xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p>72 FR 26153 (May 8, 2007): Last published in full.</p>
</xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/NSD-002</systemNumber>
<subsection type="systemName">Registration and Informational Material Files Under the Foreign Agents Registration Act of
 1938.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Sensitive but Unclassified.
 </p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice; National Security Division; 950 Pennsylvania Ave., NW.,
 Washington, DC 20530.
 </p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Persons who have registered under the Foreign Agents Registration Act of 1938, as amended,
 (FARA), 22 U.S.C. 611 <i>et seq.</i>, and persons referenced in correspondence or other files
 related to FARA.
 </p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>(1) Automated alphabetical indices which include summary data such as registrant names,
 file numbers, dates of registration, and a synopsis of activities performed for a given foreign
 principal; and (2) file folders which contain copies of all registration statements and statements
 concerning the distribution of informational materials furnished under FARA.
 </p><p>Other records related to subject matters described in this system may include related
 correspondence, inspection and/or investigative reports, and/or statements of any agent of a
 foreign principal whose activities have ceased to be of a character which requires registration
 under FARA.
 </p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintained pursuant to 22 U.S.C. 611 <i>et seq.</i> The
 system is also maintained to implement the provisions of 28 CFR 0.72 and 28 CFR Part 5.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The system is maintained to enable the Registration Unit, Counterespionage Section,
 National Security Division, to implement the various provisions of the Foreign Agents Registration
 Act of 1938, as amended, 22 U.S.C. 611 <i>et seq.</i> The system provides for the public
 examination of the registration statements filed by foreign agents engaged in activities for or on
 behalf of foreign governments, foreign political parties, or other foreign principals. Public
 examination helps to insure that the U.S. Government and the people of the United States are
 informed of the source of information and the identity of persons attempting to influence U.S.
 public opinion, policy, and laws.
 </p><p>As prescribed by 22 U.S.C. 616(a), (b), and (c), the records in this system that are public
 records are open to public examination and inspection and copies of the same shall be furnished to
 every applicant at fees prescribed by 28 CFR 5.601. One copy of every registration statement filed
 under FARA and one copy of every amendment or supplement thereto filed under FARA shall be
 forwarded to the Secretary of State for such comment and use as the Secretary of State may
 determine to be appropriate from the point of view of the foreign relations of the United States.
 </p><p>Public information obtained under FARA, including the names of registrants, copies of
 registration statements, or parts thereof, copies of informational materials, or other documents or
 information filed under FARA, may be furnished to departments and agencies in the executive branch
 and committees of the Congress.
 </p><p>Other records related to the subject matters described in this system that are not available for
 public examination may be disclosed as follows.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>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.
 </p><p>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.
 </p><p>Where a record, either alone or in conjunction with other information, indicates a violation or
 potential violation of law--criminal, civil, or regulatory in nature--the relevant
 records may be referred to the appropriate federal, state, local, tribal, or foreign law
 enforcement authority or other appropriate entity charged with the responsibility for investigating
 or prosecuting such violation or charged with enforcing or implementing such law.
 </p><p>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.
 </p><p>A record may be disclosed to designated officers and employees of state, local (including the
 District of Columbia), 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.
 </p><p>In an appropriate proceeding before a court, 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.
 </p><p>To an actual or potential party to litigation or the party’s authorized representative for the
 purpose of negotiation or discussion of such matters as settlement, plea bargaining, or in informal
 discovery proceedings.
 </p><p>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><p>To Federal, state, local, tribal, foreign, or international licensing agencies or associations
 which require information concerning the suitability or eligibility of an individual for a license
 or permit.
 </p><p>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.
 </p><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.
 </p><p>To such recipients and under such circumstances and procedures as are mandated by federal
 statute or treaty.
 </p><p>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.
 </p><p>To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.
 </p><p>To any person or entity that the Registration Unit, Counterespionage Section, National Security
 Division has reason to believe possesses information regarding a matter within the jurisdiction of
 the Registration Unit, Counterespionage Section, National Security Division, to the extent deemed
 to be necessary by the Registration Unit, Counterespionage Section, National Security Division in
 order to elicit such information or cooperation from the recipient for use in the performance of an
 authorized activity.
 </p><p>To another Federal agency or Federal entity, when the Department 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.</p>
    <p>DISCLOSURE TO CONSUMER REPORTING AGENCIES:
 </p><p>Not applicable
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>STORAGE:
 </p><p>Records in this system are stored on paper, and/or in electronic form. Records are stored
 in accordance with applicable executive orders, statutes, and agency implementing regulations.
 Paper records contained in this system are stored manually on index cards and in file jackets;
 selected summary data, e.g., name and address of registrant, name of foreign principal, description
 of activities, and amount of money received, are stored on magnetic disks.
 </p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information and summary data is retrieved by registrant name. Summary data includes: Name
 and address of registrant, name of foreign principal, description of activities, amount of money
 received, and promotional material disseminated.
 </p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Some records in this system have been designated as public records by 22 U.S.C. 616. All
 other records in this system are safeguarded in accordance with applicable laws, rules, and
 policies, including the Department’s automated systems security and access policies. Records and
 technical equipment are maintained in a secured area with restricted access. The required use of
 password protection identification features and other system protection methods also restrict
 access.
 </p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are retained and disposed of in accordance with a schedule approved by the National
 Archives and Records Administration.
 </p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Chief, Foreign Agents Registration Unit, Counterespionage Section, National Security
 Division, U.S. Department of Justice, 950 Pennsylvania Ave., NW., Washington, DC 20530.
 </p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as the Above.
 </p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to a record from this system shall be made pursuant to the provisions
 of 28 CFR 5.600 and 5.601.
 </p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
 their request to the System Manager listed above, stating clearly and concisely what information is
 being contested, the reasons for contesting it, and the proposed amendment to the information
 sought.
 </p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The source of information contained in this system is the registrant.
 </p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p>72 FR 26156 (May 8, 2007): Last published in full.</p>
</xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/NSD-003</systemNumber>
<subsection type="systemName">Registration Files of Individuals Who Have Knowledge of, or Have Received Instruction or
 Assignment in, Espionage, Counterespionage, or Sabotage Service or Tactics of a Foreign Government
 or of a Foreign Political Party.
 </subsection>
<subsection type="securityClassification"><xhtmlContent><p>Unclassified.
 </p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice; National Security Division; 950 Pennsylvania Avenue, NW.,
 Washington, DC 20530.
 </p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Persons who have registered under 50 U.S.C. 851 <i>et seq.</i> as having knowledge of, or
 having received instruction in, espionage, counterespionage, or sabotage service or tactics of a
 foreign government or of a foreign political party.
 </p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system contains the statement of the registrant and other documents required to be
 filed under 50 U.S.C. 851. The system is a public record except that certain statements may be
 withdrawn from public examination pursuant to 50 U.S.C. 853 and 28 CFR 12.40 by the Attorney
 General having due regard for national security and the public interest.
 </p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintained pursuant to 50 U.S.C. 851 <i>et seq.</i> The
 system is also maintained to implement the provisions codified in 28 CFR part 12.
 </p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The system is maintained to enable the Registration Unit, Counterespionage Section,
 National Security Division, to implement the various provisions of Title 50, United States Code,
 Section 851. The system provides for the public examination of the registration statements filed by
 certain persons who have knowledge of or have received instruction or assignment in the espionage,
 counterespionage, or sabotage service or tactics of a foreign government or foreign political
 party.
 </p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>As prescribed by 50 U.S.C. 853, a portion of the records in this system are public records
 and may be disclosed to any individual, organization, or government agency; non public records,
 i.e. records withdrawn by the Attorney General from public examinations may be disclosed as
 follows:
 </p><p>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.
 </p><p>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.
 </p><p>Where a record, either alone or in conjunction with other information, indicates a violation or
 potential violation of law--criminal, civil, or regulatory in nature--the relevant
 records may be referred to the appropriate federal, state, local, tribal, or foreign law
 enforcement authority or other appropriate entity charged with the responsibility for investigating
 or prosecuting such violation or charged with enforcing or implementing such law.
 </p><p>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.
 </p><p>A record may be disclosed to designated officers and employees of state, local (including the
 District of Columbia), 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.
 </p><p>In an appropriate proceeding before a court, 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.
 </p><p>To an actual or potential party to litigation or the party’s authorized representative for the
 purpose of negotiation or discussion of such matters as settlement, plea bargaining, or in informal
 discovery proceedings.
 </p><p>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><p>To Federal, state, local, tribal, foreign, or international licensing agencies or associations
 which require information concerning the suitability or eligibility of an individual for a license
 or permit.
 </p><p>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.
 </p><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.
 </p><p>To such recipients and under such circumstances and procedures as are mandated by federal
 statute or treaty.
 </p><p>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.
 </p><p>To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.
 </p><p>To any person or entity that the Registration Unit, Counterespionage Section, National Security
 Division has reason to believe possesses information regarding a matter within the jurisdiction of
 the Registration Unit, Counterespionage Section, National Security Division, to the extent deemed
 to be necessary by the Registration Unit, Counterespionage Section, National Security Division in
 order to elicit such information or cooperation from the recipient for use in the performance of an
 authorized activity.
 </p><p>To another Federal agency or Federal entity, when the Department 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.</p>
    <p>DISCLOSURE TO CONSUMER REPORTING AGENCIES:
 </p><p>Not applicable.
 </p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent>
 <p>STORAGE:
 </p><p>Records in this system are stored on paper, and/or in electronic form. Records are stored
 in accordance with applicable executive orders, statutes, and agency implementing regulations. A
 record contained in this system is stored manually on index cards and in file jackets. An automated
 alphabetical index is maintained and stored on magnetic disks.
 </p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>A record is retrieved by name of the individual registrant.
 </p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Records are safeguarded and protected in accordance with applicable Departmental security
 procedures.
 </p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Staff is working with NARA to develop an appropriate schedule.
 </p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Chief, Foreign Agents Registration Unit; Counterespionage Section; National Security
 Division; U.S. Department of Justice; 950 Pennsylvania Avenue, NW., Washington, DC 20530.
 </p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as the above.
 </p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to a record from this system shall be made pursuant to the provisions
 of 28 CFR 12.40 and 12.41.
 </p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
 their request to the System Manager listed above, stating clearly and concisely what information is
 being contested, the reasons for contesting it, and the proposed amendment to the information
 sought.
 </p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The source of information contained in this system is the registrant.
 </p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p>72 FR 26158 (May 8, 2007): Last published in full.</p>
</xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/OIG-001</systemNumber>
<subsection type="systemName">Office of the Inspector General Investigative Records.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>The vast majority of the information in the system is Sensitive but Unclassified. However,
there is some classified information as well.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice, Office of the Inspector General (OIG), 950 Pennsylvania Ave.,
NW., Washington, DC 20530-0001 and 1425 New York Ave., NW., Suites 7100 and 13100, Washington,
DC 20530. During the course of an investigation, records are also kept in the investigations field
and area offices, the addresses of which are listed on the OIG’s Web site at <i>
http://www.usdoj.gov/oig.</i>
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>In connection with its investigative duties, the OIG maintains records on the following
categories of individuals:
</p><p>a. Individuals or entities who are or have been the subject of investigations conducted by the
OIG, including current and former employees of the Department of Justice; current and former
consultants, contractors, and subcontractors with whom the Department has contracted and their
employees; grantees to whom the Department has awarded grants and their employees; and such other
individuals or entities whose association with the Department relates to alleged violation(s) of the
Department’s rules of conduct, the Civil Service merit system, and/or criminal or civil law, which
may affect the integrity or physical facilities of the Department.
</p><p>b. Individuals who are or have been witnesses, complainants, or informants in investigations
conducted by the OIG.
</p><p>c. Individuals or entities who have been identified as potential subjects of or parties to an OIG
investigation.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Information relating to investigations including:
</p><p>a. Letters, memoranda, and other documents describing complaints or alleged criminal, civil, or
administrative misconduct.
</p><p>b. Investigative files which include: Reports of investigations and related exhibits, statements,
affidavits, and records obtained during the investigation.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Inspector General Act of 1978, as amended, 5 U.S.C. App. 3.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The OIG maintains this system of records in order to carry out its responsibilities pursuant
to the Inspector General Act of 1978, as amended. The OIG is statutorily directed to conduct and
supervise investigations relating to programs and operations of the Department of Justice, to
promote economy, efficiency, and effectiveness in the administration of such programs and
operations, and to prevent and detect fraud, waste, and abuse in such programs and operations.
Accordingly, the records in this system are used in the course of investigating individuals and
entities suspected of having committed illegal or unethical acts and in conducting related criminal
prosecutions, civil proceedings, and administrative actions.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Records in this system may be disclosed as follows:
</p><p>(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.
</p><p>(b) To any individual or entity when necessary to elicit information that will assist an OIG
investigation, inspection, or audit.
</p><p>(c) To any individual or entity when necessary to elicit information relevant to an OIG decision
concerning the hiring, appointment, or retention of an individual; the issuance, renewal,
suspension, or revocation of a security clearance; or the letting of a contract.
</p><p>(d) 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
individual; 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 or revocation
of a grant or other benefit.
</p><p>(e) To appropriate 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.
</p><p>(f) To federal, state, local, tribal, foreign, or international licensing agencies or
associations which require information concerning the suitability or eligibility of an individual
for a license or permit.
</p><p>(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.
</p><p>(h) In an appropriate proceeding before a court, grand jury, or an administrative or adjudicative
body, when the OIG 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.
</p><p>(i) To an actual or potential party to litigation or the party’s authorized representative for
the purpose of negotiation or discussion of such matters as settlement, plea bargaining, or in
informal discovery proceedings.
</p><p>(j) 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.
</p><p>(k) 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><p>(l) 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.
</p><p>(m) To the Office of the Inspector General for the Department of Homeland Security when
necessitated by the transfer of Department of Justice functions and employees to the Department of
Homeland Security.
</p><p>(n) To other federal Offices of Inspector General and/or to the President’s Council on Integrity
and Efficiency for purposes of conducting the external review process required by the Homeland
Security Act.
</p><p>(o) 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,
who have a need to know such information in order to accomplish an agency function.
</p><p>(p) 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 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.
</p><p>(q) To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.
</p><p>(r) To such recipients and under such circumstances and procedures as are mandated by federal
statute or treaty.
</p><p>(s) To a governmental entity lawfully engaged in collecting law enforcement, law enforcement
intelligence, or national security intelligence information for such purposes.
</p>
    <p>(t) To another Federal agency or Federal entity, when the Department 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.</p>
    <p>Disclosure to consumer reporting agencies:
</p><p>Not Applicable.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information in this system is stored manually in file jackets and electronically in office
automation equipment.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Each OIG investigation is assigned a case number and all records relating to a particular
investigation are filed and retrieved by that case number. Records may also be retrievable by the
surnames of subjects, witnesses, and/or complainants.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information is stored in safes, locked filing cabinets, and office automation equipment in
secured rooms or in guarded buildings, and is used only by authorized, screened personnel. Manual
records are in locked cabinets or in safes and can be accessed by key or combination formula only.
Passwords are required to access the automated data.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records in this system are retained and disposed of in accordance with the schedule approved
by the Archivist of the United States, Job Number NI-60-97-4.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Office of the General Counsel, Office of the Inspector General, Department of Justice, 950
Pennsylvania Avenue, NW., Room 4726, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>The major part of this system is exempt from this requirement pursuant to 5 U.S.C. 552a(j)
(2), (k)(1), and (k)(2). To the extent that this system is not subject to exemption, it is subject
to access. A determination as to exemption shall be made at the time a request for access is
received. A request for access to records contained in this system shall be made in writing, with
the envelope and the letter clearly marked "Privacy Access Request." Include in the request the full
name of the individual involved, his or her current address, date and place of birth, notarized
signature (or submitted with date and signature under penalty of perjury), and any other identifying
number or information which may be of assistance in locating the record. The requester shall also
provide a return address for transmitting the information. Access requests shall be directed to the
System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>The major part of this system is exempted from this requirement pursuant to 5 U.S.C. 552a(j)
(2), (k)(1), and (k)(2). To the extent that this system of records is not subject to exemption, it
is subject to contest. A determination as to exemption shall be made at the time a request for
contest is received. Requesters shall direct their request to the System Manager listed above,
stating clearly and concisely what information is being contested, the reason for contesting it, and
the proposed amendment to the information.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The subjects of investigations; individuals with whom the subjects of investigations are
associated; current and former Department of Justice officers and employees; Federal, State, local
and foreign law enforcement and non-law enforcement agencies; private citizens; witnesses;
informants; and public source materials.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3) and (4); (d); (e)(1),
(2), (3), (5) and (8); and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2). In addition, the
system has been exempted from subsections (c)(3), (d), and (e)(1), pursuant to subsections (k)(1)
and (k)(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 <i>Federal Register</i>. See 28 CFR 16.75.
</p></xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p>72 FR 36725 (July 5, 2007): Last published in full.</p>
</xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/OIG-004</systemNumber>
<subsection type="systemName">Office of the Inspector General Employee Training Records.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice, Office of the Inspector General, 1425 New York Ave., NW, Suite
7000, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Employees of the Department of Justice, Office of the Inspector General.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Information pertaining to formal training requested and attended by OIG employees, including
training forms.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Inspector General Act of 1978, as amended by the Inspector General Amendments of 1988, 5
U.S.C. App. 3.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>To capture training requests made by OIG employees and to maintain information regarding the
training employees have had.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Records in this system may be disclosed as follows:
</p><p>a. Relevant records may be disclosed to an administrative forum, including Ad Hoc forums, which
may or may not include an Administrative Law Judge, and which may or may not convene public
hearings/proceedings, or to other established adjudicatory or regulatory agencies, e.g., the Merit
Systems Protection Board, or other agencies with similar or related statutory responsibilities,
where necessary to adjudicate decisions affecting individuals who are covered by this system,
including (but not limited to) decisions to effect any necessary remedial actions, e.g.,
disciplinary and/or other appropriate personnel actions.
</p><p>b. A record may be disclosed to the National Archives and to the General Services Administration
during a records management inspection conducted under 44 U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Informaton in this system is stored manually in file jackets and electronically in office
automation equipment.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information can be retrieved either by surname or social security number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information is stored in filing cabinets and office automation equipment in secured rooms or
in guarded buildings, and is used only by authorized, screened personnel. Passwords are required to
access the automated data.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records in this system are retained and disposed of in accordance with General Records
Schedule 1.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Office of the General Counsel, Office of the Inspector General, Department of Justice, 950
Pennsylvania Avenue, NW, Room 4261, Washington, DC 20530-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Make requests for access to records from this system in writing to the system manager, and
clearly mark both the letter and envelope "Privacy Act Request."
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Make all requests to contest or amend information maintained in the system in writing to the
system manager. State clearly and concisely what information is being contested, the reasons for
contesting it, and the proposed amendment(s) to the information.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>National Finance Center and employees of the Department of Justice Office of the Inspector
General.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/OIG-005</systemNumber>
<subsection type="systemName">Office of the Inspector General Firearms Qualification System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice, Office of the Inspector General, 1425 New York Ave., NW, Suite
7100, Washington, DC 20530 and the investigations field offices, the addresses of which are listed
on the OIG’s website at http://www.usdoj.gov/oig.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Criminal investigators employed by the Department of Justice, Office of the Inspector
General.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Information relating to the weapons qualifications of OIG criminal investigators, including
dates of qualification and scores.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Inspector General Act of 1978, as amended by the Inspector General Act of 1988, 5 U.S.C.
App. 3, and Attorney General Order 1393-90.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>To capture information relating to the weapons qualifications of OIG criminal investigators,
including dates of qualifications and scores.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Records in this system may be disclosed as follows:
</p><p>a. Relevant records may be disclosed to an administrative forum, including Ad Hoc forums, which
may or may not include an Administrative Law Judge, and which may or may not convene public
hearings/proceedings, or to other established adjudicatory or regulatory agencies, e.g., the Merit
Systems Protection Board, or other agencies with similar or related statutory responsibilities,
where necessary to adjudicate decisions affecting individuals who are covered by this system,
including (but not limited to) decisions to effect any necessary remedial actions, e.g.,
disciplinary and/or other appropriate personnel actions.
</p><p>b. A record may be disclosed to the National Archives and to the General Services Administration
during a records management inspection conducted under 44 U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information in this system is stored manually in file jackets and electronically in office
automation equipment.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information can be retrieved by surname.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information is stored in filing cabinets and office automation equipment in secured rooms or
in guarded buildings, and is used only by authorized, screened personnel. Passwords are required to
access the automated data.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records in this system are retained and disposed of in accordance with General Records
Schedule 23.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Office of the General Counsel, Office of the Inspector General, Department of Justice, 950
Pennsylvania Avenue, NW, Room 4261, Washington, DC 20530-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Make requests for access to records from this system in writing to the system manager, and
clearly mark both the letter and envelope "Privacy Act Request."
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Make all requests to contest or amend information maintained in the system in writing to the
system manager. State clearly and concisely what information is being contested, the reasons for
contesting it, and the proposed amendment(s) to the information.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Employees of the Department of Justice Office of the Inspector General.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.

</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/OJP-001</systemNumber>
<subsection type="systemName">Equipment Inventory.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of Justice Programs, 633 Indiana Avenue NW, Washington, DC 20531.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Employees who have filed the following forms in the Office of the Comptroller: Property
Sign-out, OJARS Administrative Form 1820/1; Equipment Control Records, OJARS Administrative Form
1820/2.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Property Sign-out, OJARS Administrative Form 1820/1; Equipment Control Records, OJARS
Administrative form 1820/2.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The system is established and maintained in accordance with 5 U.S.C. 301, 1302.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The property data is used for inventory control.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice 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><p>Release of information to Members of Congress: Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration (NARA) and to the
General Services Administration (GSA): A record from a system of records may be disclosed as a
routine use to NARA and GSA in records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information maintained in system is stored on index cards.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by name of employee and type of equipment.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Data is maintained in a locked room.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Documents relating to equipment control are closed when employee leaves agency. Records are
destroyed three years thereafter. Operating files are destroyed when an individual resigns,
transfers, or is separated from Federal service.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Comptroller, Office of the Comptroller, Office of Justice Programs, 633 Indiana Avenue NW,
Washington, DC 20531.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as the above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to a record from the system shall be in writing, with the envelope and
letter clearly marked "Privacy Access Request."  Access requests will be directed to the System
Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the System Manager listed above, stating clearly and concisely what information is
being contested, the reasons for contesting it, and the proposed amendment to the information
sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Individual to whom record pertains, employee’s supervisors.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/OJP-002</systemNumber>
<subsection type="systemName">Law Enforcement Education System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Law Enforcement Assistance Administration, 633 Indiana Avenue NW,
Washington, DC 20531.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Recipients of LEAA Law Enforcement
Education Loans and Grants.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>LEEP Master Computer File; LEEP Promissory Note
File; LEEA Form 03.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The system is established and maintained
pursuant to 42 U.S.C. 3775
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>To contractors for categories and statistical analysis, educational
institutions for record reconcillation, IRS and references listed on application for address
verification, references in bankruptcy for claim action, State and local agencies to verify
eligibility.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice unless it is determined that release of the specific information in the
context of a particular case would consitute an unwarranted invasion of personal privacy.
</p><p>Release of information to Members of Congress, Information contained in systems of records
maintained by the Department of Justice not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available to a Member of Congress or staff acting upon the Member’s behalf when the
Members or staff requests the information on behalf of and at the requests of the individual who is
the subject of the record.
</p><p>Release of information to the National Archives and Records Administration: A record from a
system of records may be disclosed as a routine use to the National Archives and Records
Administration (NARA) in records management inspections conducted under the authority of 44 U.S.C.
2904 and 2906.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage: </p><p>Information maintained in the system is stored on computer magnetic tape
and folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrievable by name of recipient and social security
number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Computerized information is safeguarded and protected by computer password
key and limited access. Noncomputerized data is safeguard in file room which is locked after
business hours. Access is limited to LEAA authorized personnel.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Computerized records are kept indefinitely. Uncollected
loans/grants are transferred to GAO as soon as determined uncollectable. Cancelled or repaid
loan/grants are closed at end of fiscal year, held three years, sent to Federal Records Center and
destroyed in accordance with instructions from GAO.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Comptroller, Office of Justice Assistance Research, and
Statistics; 633 Indiana Avenue NW, Washington, DC.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to a record from this system shall be
made in writing, with the envelope and the letter clearly marked "Privacy Access Request."  Include
in the request the name and personal identifer number. Access requests will be directed to the
System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information
maintained in the system should direct their request to System Manager listed above, stating clearly
and concisely what information is being contested, the reasons for contesting it, and the proposed
amendment to the information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information are the recipients of loans/grants and
their educational institutions.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/OJP-004</systemNumber>
<subsection type="systemName">Grants Management Information System (PROFILE).
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of Justice Programs, 633 Indiana Avenue, NW, Washington, DC 20531
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Included are recipients (grantees) of OJP funds. These include grantees of the National
Institute of Justice, the Bureau of Justice Statistics, the Bureau of Justice Assistance, the Office
of Juvenile Justice and Delinquency Prevention, the Office of Victims of Crime, and the now defunct
Office of Justice Assistance, Research, and Statistics, and the Law Enforcement Assistance
Administration. Also included are project monitors and project directors of these grants.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Grantee and Project Audit File, Financial and Programmatic Compliance Records of the
Grantee, Grant Applications, and Grant/Contract Award Computer Data File.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The system is established and maintained in accordance with U.S.C. 301, 44 U.S.C. 3101, and
31 U.S.C. 3512.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Records from this system of records may be disclosed for the purpose of technical review and
fiscal or program evaluation to experts in particular subject areas related to the substantive or
fiscal components of the program.
</p><p>Release of Information in an Adjudicative Proceeding:
</p><p>It shall be a routine use of records within this system or any facts derived therefrom, to
disseminate them in a proceeding before a court or adjudicative body before which the OJP is
authorized to appear, when
</p><p>i. The OJP, or any subdivision thereof, or
</p><p>ii. Any employee of the OJP in his or her official capacity, or
</p><p>iii. Any employee of the OJP in his or her individual capacity, where the Department of Justice
has agreed to represent the employee, or
</p><p>iv. The United States, where the OJP determines that the litigation is likely to affect it or any
of its subdivisions, is a party to litigation or has an interest in litigation and such records are
determined by the OJP to be arguably relevant to the litigation.
</p><p>Release of Information to the News Media:
</p><p>Information permitted to be released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department of Justice 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><p>Release of Information to Members of Congress:
</p><p>Information contained in systems of records maintained by the Department of Justice not otherwise
required to be released pursuant to 5 U.S.C. 522, may be disclosed as a routine use 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 individuals who are the subject of the record.
</p><p>Release of information to the National Archives and Records Administration (NARA) and to the
General Services Administration (GSA). A record from a system of records may be disclosed as a
routine use to NARA and GSA in records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information maintained in the system is stored on computer disc for use in a computer
environment.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Data is retrievable by name of individual covered by the system.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information in the system is safeguarded and protected by computer password key. Direct
access is limited to computer personnel.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Data is maintained for current fiscal year and previous fiscal years in master file. Data is
not destroyed, but maintained for historical purposes.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Comptroller, Office of Justice Programs, 633 Indiana Avenue, NW, Washington, DC 20531.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to a record from this system shall be made in writing with the envelope
and letter clearly marked "Privacy Access Request."  Include in the request the name and
grant/contract number. Access requests will be directed to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their requests to the System Manager listed above, stating clearly and concisely what information is
being contested, the reasons for contesting it and the proposed amendment to the information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in the system are grantees, applicants for award, and OJP
project monitors.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/OJP-005</systemNumber>
<subsection type="systemName">Financial Management System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of Justice Program (OJP), 633 Indiana Avenue, NW, Washington, DC 20531.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Recipients of OJP, OJARS, LEAA, NIL, BIS, and OJJDP funds; Employees.
</p><p>This system contains information concerning (a) current and past recipients of OJP funds,
including those from the National Institute of Justice, the Bureau of Justice Assistance, the Bureau
of Justice Statistics, the Office of Juvenile Justice and Delinquency Prevention, the Office for
Victims of Crime, and the now defunct Office of Justice Assistance, Research and Statistics, and Law
Enforcement Assistance Administration; (b) OJP employees; and (c) all individuals on whom vouchers
are submitted requesting payment for goods or services rendered (except payroll vouchers for
Department of Justice employees), including vendors, contractors, travelers, and employees.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Employee Travel Files; Time and Attendance Files: Government Travel System and Government
Charge Cards; Government Transportation Request; Paid Vendor Documents File, all vouchers processed,
i.e., all documents required to reserve, obligate, process and effect collection or payment of
funds. (Excluded from the system are payroll vouchers.)
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 301, 31 U.S.C. 3512, and 44 U.S.C. 3101.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>After processing the vouchers, OJP and the Justice Management Division use the records to
maintain individual financial accountability; to furnish statistical data (not identified by
personal identifiers); to meet both internal and external audit and reporting requirements; and to
provide Administrative Officers from the Offices, Boards, and Divisions and the OJP with information
on vouchers by name and social security number for agency financial management.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Release of information in an adjudicative proceeding:
</p><p>It shall be a routine use of records within this system or any facts derived therefrom, to
disseminate them in a proceeding before a court or adjudicative body before which the OJP is
authorized to appear, when
</p><p>i. The OJP, or any subdivision thereof, or
</p><p>ii. Any employee of the OJP in his or her official capacity, or
</p><p>iii. Any employee of the OJP in his or her individual capacity, where the Department of Justice
has agreed to represent the employee, or
</p><p>iv. The United States, where the OJP determines that the litigation is likely to affect it or any
of its subdivisions, is a party to litigation or has an interest in litigation and such records are
determined by the OJP to be arguably relevant to the litigation.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice 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><p>Release of information to Members of Congress. Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration (NARA) and to the
General Service Administration (GSA). A record from a system of records may be disclosed as a
routine use to NARA and GSA in records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Computerized discs, filed folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Name, social security numbers, digital identifiers assigned by accounting office.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information contained in the system is unclassified and maintained in accordance with OJP
procedures. Manual information in the system is safeguarded in locked file cabinets. Operational
access to information maintained on computer discs is controlled by password key. These keys are
issued only to employees who have a need to know to perform job functions relating to financial
management and accountability. Access to manual files is also limited to employees who have a need
for the records in the performance of their official duties.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Employee travel files, time and attendance files and Government transportation files are
closed at end of fiscal year, held three years thereafter.
</p><p>Payment documents are retained for three fiscal years (current and two years). The payment
documents and the aforementioned files are then shipped to a General Services Administration’s
Federal Records Center for storage and subsequent destruction in accordance with instructions of the
General Accounting Office. Computerized discs are retained indefinitely.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Comptroller, Officer of Justice Programs, 633 Indiana Avenue, NW., Washington, DC 20531.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to a record from this system shall be made in writing with the envelope
and letter clearly marked "Privacy Access Request."  Access requests will be directed to the System
Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the System Manager listed above, stating clearly and concisely what information is
being contested, the reasons for contesting it, and the proposed amendments to the information
sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in the system are the individuals to whom the information
pertains.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/OJP-006</systemNumber>
<subsection type="systemName">Congressional and Public Affairs System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of Justice Programs (OJP), 633 Indiana Avenue, NW, Washington, DC 20531.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Members of Congress, and other public figures.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Correspondence with Congressional Committees, members of Congress, and the general public.
The file also contains biographical data, speeches, press releases, and photograph files relating to
public figures.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The system is established and maintained in accordance with 5 U.S.C. 301.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Information in this system is used or may be used in response to inquiries from the general
public or member of Congress.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice 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><p>Release of information to Members of Congress. Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration (NARA) and to the
General Services Administration (GSA): A record from a system of records may be disclosed as a
routine use to NARA and GSA in records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information is indexed on a correspondence control log and stored in file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by name of the member of Congress who is the correspondent, or by
the name of the public figure.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Records are maintained in file cabinets. Entrance to the building is controlled by required
employee identification or security clearance procedures. Records are used by employees on a need to
know basis only.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are retained for two years, then retired to Federal Records Center. Six years
thereafter records are destroyed.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Office of Congressional and Public Affairs, Office of Justice Programs, 633
Indiana Avenue NW, Washington, DC 20531.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as the above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to a record from the system shall be in writing, with the envelope and
letter clearly marked "Privacy Access Request."  Access requests will be directed to the System
Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the System Manager listed above, stating clearly and concisely what information is
being contested, the reasons for contesting it, and the proposed amendment to the information
sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information are Congressional members.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/OJP-007</systemNumber>
<subsection type="systemName">Public Information System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of Justice Assistance, Research and Statistics, 633 Indiana
Avenue NW, Washington, DC 20531.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Public figures.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Biographical, Morgue, and Speech files, Photograph
files.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The system is maintained and established in
accordance with 5 U.S.C. 301.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Available to the public under the Freedom of Information Act.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice 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><p>Release of information to Members of Congress. Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration: A record from a
system of records may be disclosed as a routine use to the National Archives and Records
Administration (NARA) in records management inspections conducted under the authority of 44 U.S.C.
2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage: </p><p>Information maintained in system is stored in file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by name of person to whom information pertains.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>This information is of a nonconfidential nature and maintained pursuant to
LEAA Handbook Instruction HB 1330.2.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are retained for four years, retired to Federal Records
Center, and destroyed pursuant to Disposal Instructions in LEAA Handbook Instruction HB 1330.2.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Office of Public Information, Office of Justice
Assistance, Research and Statistics, 633 Indiana Avenue NW, Washington, DC 20531.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as the above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to a record from the system shall be in
writing, with the envelope and letter clearly marked "Privacy Access Request."  Access requests will
be directed to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information
maintained in the system should direct their request to the System Manager listed above, stating
clearly and concisely what information is being contested, the reasons for contesting it, and the
proposed amendment to the information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Newspaper, magazine and press service teletype clippings as
well as individual to whom information pertains.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/OJP-008</systemNumber>
<subsection type="systemName">Civil Rights Investigative System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of Justice Programs (OJP).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals affected by any OJP project for which the agency has compliance responsibility,
including grantees, subgrantees, contractors, subcontractors, employees, and applicants, who have
made complaints of discrimination. OJP includes the National Institute of Justice, the Bureau of
Justice Statistics, the Bureau of Justice Assistance, the Office of Juvenile Justice and Delinquency
Prevention, and the Office for Victims of Crime. Also included are individuals who are the subjects
of civil rights compliance records of the now defunct Office of Justice Assistance, Research, and
Statistics, and the Law Enforcement Assistance Administration.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Civil Rights Complaint Control Files: Civil Rights Litigation Reference Files.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>42 U.S.C. 3789d, 42 U.S.C. 10604(e), 29 U.S.C. 794, 42 U.S.C. 2000d, 20 U.S.C. 1681, 42
U.S.C. 5601, and 42 U.S.C. 1601.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>OJP uses information in this system to investigate complaints and to obtain compliance with
civil rights laws. Other such users of the information are appropriate State agencies, Civil Rights
Division of the Justice Department, State Governors and Attorneys General, Office of Federal
Contract Compliance, Equal Employment Opportunity Commission, Office of Federal Revenue Sharing, and
the United States Commission on Civil Rights, Department of Health and Human Services, Department of
Education and OJP. OJP may also use this information for agency project evaluation, technical
assistance, and training.
</p><p>Release of information in an adjudicative proceeding:
</p><p>It shall be a routine use of records within this system or any facts derived therefrom, to
disseminate them in a proceeding before a court or adjudicative body before which the OJP is
authorized to appear, when
</p><p>i. The OJP, or any subdivision thereof, or
</p><p>ii. Any employee of the OJP in his or her official capacity, or
</p><p>iii. Any employee of the OJP in his or her individual capacity, where the Department of Justice
has agreed to represent the employee, or
</p><p>iv. The United States, where the OJP determines that the litigation is likely to affect it or any
of its subdivisions, is a party to litigation or has an interest in litigation and such records are
determined by the OJP to be arguably relevant to the litigation.
</p><p>Release of information to the news media:
</p><p>Information permitted to be released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department of Justice 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><p>Release of information to members of congress:
</p><p>Information contained in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration (NARA) and to the
General Services Administration (GSA):
</p><p>A record from a system of records may be disclosed as a routine use to NARA and GSA in records
management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information in the system is stored in file folders and on index cards.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by name of the individual or organization against whom the
complaint is made.
</p><p>Complaint case files are not retrievable by information indentifiable to the individual
complainant.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information is kept in locked file cabinets and combination safe. Access is limited to
investigative personnel.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>All investigative information is destroyed ten years after the investigation is completed.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Office of Civil Rights Compliance, Office of Justice Programs, 633 Indiana Avenue NW,
Washington, DC 20531.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as the above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to a record containing civil rights investigatory material shall be
made in writing with the envelope and letter clearly marked "Privacy Access Request"  to the Civil
Rights System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the System Manager listed above, stating clearly and concisely what information is
being contested, the reasons for contesting it, and the proposed amendment to the information
sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The information contained in this system was received from individual complainants,
witnesses, grant files, respondents, official State and Federal records.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsection (d) of the Privacy Act
pursuant to 5 U.S.C. 552a(k)(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 <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/OJP-009</systemNumber>
<subsection type="systemName">Federal Advisory Committee Membership Files.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of Justice Programs (OJP), 633 Indiana Avenue NW, Washington, DC, 20531.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals who have been or are presently members of or are being considered for membership
on advisory committees within the jurisdiction of the OJP.
</p><p>OJP includes the former Office of Justice Assistance, Research, and Statistics, the former Law
Enforcement Assistance Administration, National Institute of Justice, Bureau of Justice Assistance,
Office of Juvenile Justice and Delinquency Prevention, and the Office of Victims of Crime.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Correspondence, documents relating to committee members, biographical data, and Committee
membership forms.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Federal Advisory Committee Act, 5 U.S.C. App. I et seq.; 5 U.S.C. 301; 44 U.S.C. 3101.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Annual Report to the President; administrative reports to OMB and other federal agencies.
</p><p>Release of information to the news media:
</p><p>Information permitted to be released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department of Justice 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><p>Release of Information to the National Archives and Records Administration (NARA) and the General
Services Administration (GSA).
</p><p>A record from a system of records may be disclosed as a routine use to NARA and GSA in records
management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>Release of Information to Congress.
</p><p>Information contained in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be made available 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.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information in system is stored in file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by name of individual.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Data is maintained in file cabinets. The entrance to the building requires building pass or
security sign-in.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>The data is placed in an inactive file upon discontinuance of membership, held for two years
and then retired to the Federal Records Center.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Federal Advisory Committee Officer, Office of General Counsel, Office of Justice Programs,
633 Indiana Avenue, NW, Washington, DC 20531.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as the above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to a record from this system shall be made in writing, with the
envelope and the letter clearly marked "Privacy Access Request."  Access requests will be directed
to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the System Manager listed above, stating clearly and concisely what information is
being contested, the reasons for contesting it, and the proposed amendment to the information
sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information are supplied directly by individuals about whom the record pertains,
references, recommendations, program personnel, and biographical reference books.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/OJP-010</systemNumber>
<subsection type="systemName">Technical Assistance Resource Files.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of Juvenile Justice and Delinquency Prevention, 633 Indiana Avenue NW, Washington, DC
20531.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Consultants with expertise in criminal justice systems.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system consists of resumes and other documents related to technical assistance requests.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The system is maintained under authority of 44 U.S.C. 3101 and 42 U.S.C. 5614(b)(6).
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The system is used to determine the qualifications and availability of individuals for
technical assistance assignments. Users are State Criminal Justice Councils, and the Office of
Juvenile Justice and Delinquency Prevention.
</p><p>Release of information to the new medias:
</p><p>Information permitted to be released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department of Justice 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><p>Release of information to members of Congress:
</p><p>Information contained in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration (NARA) and the General
Services Administration:
</p><p>A record from a system of records may be disclosed as a routine use to NARA and GSA in records
management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information contained in the system is on hard copy and stored in file cabinets.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is manually retrieved by the name of the individual.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Records are stored in file cabinets. Admittance to the building in which they are stored
requires a building pass or an individual signature at the main entrance to the building.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are placed in an inactive file at the end of the fiscal year in which final use was
made. They are held two years in the inactive file; then transferred to the Federal Records Center.
Records are destroyed after six years.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Technical Assistance Coordinator; Division Director of Program area in which records are
sought in the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, 633
Indiana Avenue NW, Washington, DC 20531.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to the system manager(s) at the above address.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to a record contained in this system shall be made in writing with the
envelope and letter clearly marked "PRIVACY ACCESS REQUEST."  Include in the request the name and
grant/contract number for the record desired. Access requests will be directed to the system
manager(s) listed above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their requests to the system manager(s) listed above, stating clearly and concisely what information
is being contested, the reasons for contesting it, and the proposed amendment to the information
sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system are those individuals to whom the
information pertain.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/OJP-011</systemNumber>
<subsection type="systemName">Register Users File--National Criminal Justice Reference Service
(NCJRS).
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>National Criminal Justice Reference Service, 1600 Research Blvd., Rockville, MD 20850
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The system contains information on those individuals engaged in criminal justice activities,
citizen groups and academicians.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system provides a record of registrants who request reference services and products from
NCIRS.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The system is maintained and established in accordance with 42 U.S.C. 3721.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>Information in this system is used as a mailing list to supply registrants requesting
services from NCJRS with information or products.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Information permitted to be released to the news media and the public pursuant to 29 CFR
50.2 may be made available 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><p>Information, not otherwise required to be released pursuant to 5 U.S.C. 552, may be made
available 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.
</p><p>A record may be disclosed as a routine use to the National Archives and Records Administration
and the General Services Administration in records management inspection conducted under the
authority of 44 U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information is stored on magnetic disc pack for use in a computer environment.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by the name and user identity number of the individual or
organization requesting information.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information is maintained in the NCJRS Data Services Center which is a secured area. Special
identity cards are required for admittance to the area.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Information is retained until the individual no longer wishes to utilize the service. Upon
notification by an individual that he no longer wishes to use the service, or by lack of response of
user to Annual Renewals, his record is electronically purged from the film.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>User Services Coordinator, National Criminal Justice Reference Service, PO Box 6000,
Rockville, MD 20850.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquires to the system manager(s) at the above address.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to a record contained in this system shall be made in writing with the
envelope and letter clearly marked: `PRIVACY ACCESS REQUEST.’ Access requests will be directed to
the system manager(s) at the above address.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their requests to the system manager(s) listed above, stating clearly and concisely what information
is being contested, the reasons for contesting it, and the proposed amendment to the information
sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources for the information contained in this system are those individuals covered by the
system.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/OJP-012</systemNumber>
<subsection type="systemName">Public Safety Officers Benefits System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Bureau of Justice Assistance, Office of Justice Programs, (OJP), 810 Seventh Street, NW,
Washington, DC 20531.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Public Safety Officers who are permanently and totally disabled by a traumatic injury in the
line of duty and the surviving beneficiaries of public safety officers who died while in the line of
duty.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system contains an index by claimant survivor and deceased or permanently and disabled
Public Safety Officers; case files of eligibility documentation; and benefit payment records.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Authority for maintaining this system exists under 42 U.S.C. 3796 and 44 U.S.C. 3103.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>Information contained in this system is used or may be used to determine and record
eligibility of Public Safety Officers under the Public Safety Officers Benefits Act and the Federal
Law Enforcement Dependents Assistance Act.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Records, or any information derived therefrom, may be disclosed as follows: To State and
local agencies to verify and certify eligibility for benefits; to researchers for the purpose of
researching the cause and prevention of public safety officer line of duty deaths; to appropriate
Federal agencies to coordinate benefits paid under similar programs; in a proceeding before a court
or adjudicative body before which the OJP is authorized the appear, when i. The OJP, or any
subdivision thereof, or ii. Any employee of the OJP in his or her official capacity, or iii. Any
employee of the OJP in his or her individual capacity, where the Department of Justice has agreed to
represent the employee, or iv. The United States, where the OJP determines that the litigation is
likely to affect it or any of its subdivisions, is a party to litigation or has an interest in
litigation and such records are determined by the OJP to be arguably relevant to the litigation; to
the news media and the public pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the Department of Justice 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; to the National Archives and Records Administration (NARA) and to the General Services
Administration in records management inspections conducted under the authority of 44 U.S.C. 2904 and
2906; 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.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information in this system is maintained on  a master index, in folders and in an automated
information system.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by name of claimant, name of deceased or disabled Public Safety
Officer, and case file number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Computerized information is safeguarded and protected by computer password key and limited
access. Noncomputerized data is safeguarded in locked cabinets. All files are maintained in a
guarded building.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Files are retained in the Public Safety Officer Benefits (PSOB) Office on hard copy and on a
computer network. Files will be disposed of pursuant to OJP Handbook 1330.2A.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>PSOB Program Officer, Bureau of Justice Assistance, Office of Justice Programs, 810 Seventh
Street, NW, Washington, DC 20531.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Request for access to a record from this system should be made in writing with the envelope
and the letter clearly marked "Privacy Access Request."  Access requests will be directed to the
System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the System Manager listed above and state clearly and concisely what information is
being contested, the reason for contesting it and the proposed amendment to the information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Public agencies including employing agency, beneficiaries, educational institutions,
physicians, hospitals, official state and Federal Documents.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/OJP-013</systemNumber>
<subsection type="systemName">Denial of Federal Benefits Clearinghouse System (DEBAR).
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of Justice Programs; Denial of Federal Benefits Program (DFBP), 810 Seventh Street
NW, Washington, DC 20531.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Any individual convicted of a Federal or State offense involving drug trafficking or
possession of a controlled substance who has been denied Federal benefits by Federal or State courts
and any individual convicted of defense-contract related felonies.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records include any which are necessary to identify a person who is convicted of drug
trafficking or possession of a controlled substance and sentenced by a State or Federal judge to a
denial of Federal benefits pursuant to 21 U.S.C. 862; convicted of a defense contract-related felony
and sentenced by a Federal judge to a denial of Federal benefits pursuant to 10 U.S.C. 2408; and any
records which may be relevant to consideration of employment or other Federal benefits. For example,
included are current and prior offense and arrest data such as type of offense for which the
individual is being placed on a list of ineligibles to receive benefits; court and sentencing data,
including community service sentencing, if any; identification of benefits to be denied and status
thereof, including period of denial; and treatment data. Records also include court orders, notices
from U.S. Attorneys concerning convictions, Federal agency benefit listings, and a log of groups or
individuals requesting information about an offender’s denials.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The system is established and maintained in accordance with 21 U.S.C. 862 and 10 U.S.C.
2408(c).
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Records, or any information derived therefrom, may be disclosed as follows: to the General
Services Administration (GSA) for inclusion in the publication, "Lists of Parties Excluded from
Federal Procurement and Nonprocurement Programs,"  more commonly known as the "Debarment List;"  to
Federal agencies, certain private entities, certain defense-related contractors and first-tier
subcontractors that require access to such records in order to verify disqualifying convictions
prior to awarding a Federal benefit, as defined under 21 U.S.C. 862, or employment under 10 U.S.C.
2408(a); to the sentencing court for verification purposes; in a proceeding before a court or
adjudicative body before which the OJP is authorized to appear, when: i. The OJP, or any subdivision
thereof; or ii. Any employee of the OJP in his or her official capacity; or iii. Any employee of the
OJP in his or her individual capacity, where the Department of Justice has agreed to represent the
employee; or iv. The United States, where the OJP determines that the litigation is likely to affect
it or any of its subdivisions, is a party to litigation or has an interest in litigation and such
records are determined by the OJP to be arguably relevant to the litigation; to the news media and
the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by the
Department of Justice, unless it is determined that release of the specific information in a
particular case would constitute an unwarranted invasion of personal privacy; to a Member of
Congress or a staff person acting on the Member’s behalf, when the Member or staff officially
requests the information on behalf of, and at the request of, the individual who is the subject of
the record; to the National Archives and Records Administration (NARA) and the General Services
Administration (GSA) in records management inspections conducted under the authority of 44 U.S.C.
2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information maintained in the system is stored in a database on a secured computer network,
as well as in manual file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Data is retrievable by name of individual, social security number, and case number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information contained in the system is maintained in accordance with DFBP procedures. Manual
information in the system is safeguarded in locked file cabinets within a limited access room in a
limited access building. Access to manual files is limited to personnel who have a need for files to
perform official duties. Operational access to information maintained on a dedicated computer
system, is controlled by levels of security provided by password keys to prevent unauthorized entry,
and an audit trail of accessed information. Access is also limited to personnel who have a need to
know to perform official duties.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Data is maintained for current and prior years in a master file. Data is not destroyed, but
maintained for historical purposes.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, DFBP, Office of Justice Programs, 810 Seventh Street, NW, Washington, DC 20531.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to a record from the system shall be in writing, with the envelope and
letter marked "Privacy Access Request."  Direct the access request to the System Manager listed
above. Identification of individuals requesting access to their records will include fingerprinting
(28 CFR 20.34).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>An individual desiring to contest or amend information maintained in the system should
direct the request to the System Manager listed above. The request should state clearly and
concisely the information being contested, the reasons for contesting the information, and the
proposed information amendment(s) sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in the system are Federal and State courts, individuals
convicted of certain drug offenses, individuals convicted of defense-contract related felonies,
United States Attorneys, and Federal agencies.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/OJP-014</systemNumber>
<subsection type="systemName">Victims of International Terrorism Expense Reimbursement Program.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Unclassified.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Original records will be kept at the Office of Justice Programs (OJP), 810 Seventh Street,
NW., Washington, DC 20531. Copies of records may be kept at locations of authorized contractors. The
Office for Victims of Crimes (OVC) will have access to any/all data base(s) established by an OVC
contractor and the data base(s) will be maintained internally or placed on the OJP/OVC server.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Claimants seeking expense reimbursement under the program, individuals filing claims on
behalf of claimants, and individuals referenced in claims or related documents.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records in the system include: Claim forms filed by or on behalf of claimants seeking
expense reimbursement under the program; records from telephone contacts or inquiries; documents
submitted in support of the claims; medical, personal, employment, financial, and other records
obtained or generated to process claims.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Authority for maintaining this system exists under the Victims of Crime Act ("VOCA" ), 42
U.S.C. 10601 et seq.; 10604 (Administrative provisions).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>Information contained in this system may be used to determine and record eligibility of
claimants under the Victims of Crime Act, as amended, and any reimbursement provided under the Act,
and to track claim status. For individuals who are eligible, see 42 U.S.C. 10603c(3)(A): The term
"victim"  means "a person who--(i) suffered direct physical or emotional injury or death as a
result of international terrorism occurring on or after December 21, 1988 with respect to which an
investigation or prosecution was ongoing after April 24, 1996; and (ii) as of the date on which the
international terrorism occurred, was a national of the United States or an officer or employee of
the United States Government."  [42 U.S.C. 10603c(3)(A) (i) and (ii)].
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Records, or any information derived therefrom, may be disclosed as follows:
</p><p>A. To appropriate Federal, State and local agencies to coordinate expense reimbursements paid
under similar programs;
</p><p>B. To Federal, State and local agencies to verify and certify eligibility for expense
reimbursements;
</p><p>C. In an appropriate proceeding before a court, 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.
</p><p>D. 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.
</p><p>E. 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.
</p><p>F. Limited information may be disclosed to relief organizations/agencies, as appropriate for acts
of international terrorism.
</p><p>G. To foreign compensation programs and/or foreign governments to coordinate payment of expense
reimbursements and/or to ensure no duplication of payments.
</p><p>H. 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.
</p><p>I. Where a record, either on its face or in conjunction with other information, indicates a
violation or potential violation of law--criminal, civil, or regulatory in nature--the
relevant records may be referred to the appropriate Federal, State, local, foreign, or tribal, law
enforcement authority or other appropriate agency charged with the responsibility of investigating
or prosecuting such a violation or enforcing or implementing such law.
</p><p>J. 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.
</p><p>K. To the White House (the President, Vice President, their staffs, and other entities of the
Executive Office of the President (EOP)) for Executive Branch coordination of activities which
relate to or have an effect upon the carrying out of the constitutional, statutory, or other
official or ceremonial duties of the President or Vice-President.
</p><p>L. To such recipients and under such circumstances and procedures as are mandated by Federal
statute or treaty.
</p><p>M. 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.
</p><p>N. The Department of Justice may disclose relevant and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information in this system is maintained on a master index, in folders, and in an automated
system.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Data is retrieved by name and address of claimant, name and address of deceased or injured
victim, by terrorism incident, by type of service provider/service rendered to victim, by
nationality (Foreign Service National (FSN) vs. U.S. National), by social security number, by date
of birth, and individual case file number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Computerized information is safeguarded and protected by computer password key and limited
access. Electronic record retention is also protected by "firewalls."  Operational access to
information maintained on a dedicated computer system, is controlled by levels of security provided
by password keys to prevent unauthorized entry, and audit trail of accessed information. Access to
manual files is limited to personnel who have a need for files to perform official duties and is
safeguarded in locked file cabinets. All files are maintained in a secure building.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Files are retained on hard copy and on a computer database. All claim files and automated
data pertaining to a claim are destroyed 10 years after the date the claim has been fully processed
and/or payment made, as approved by the National Archives and Records Administration (NARA).
Automated data is retained in its most current form only, however, and as information is updated,
outdated information is deleted. The schedule was approved and signed by the NARA Archivist on
September 30, 2004.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Terrorism and International Victim Assistance Services Division, Office for Victims of
Crime, Office of Justice Programs, 810 7th Street, NW., Washington, DC 20531.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries concerning this system should be addressed to the system manager listed above c/o
FOI/PA Personnel.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Request for access to a record from this system shall be made in writing with the envelope
and the letter clearly marked "Freedom of Information/Privacy Act 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 either notarized or
submitted under penalty of perjury.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the System Manager listed above, state clearly and concisely what information is
being contested, the reason for contesting it, and the proposed amendment to the information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Public agencies including investigating agency, employing agency, claimants, educational
institutions, physicians, hospitals, official State and Federal documents.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>

<section id="doj" toc="yes">
<systemNumber>/OLP-002</systemNumber>
<subsection type="systemName">United States Judges Records System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of the Legal Policy, United States Department of Justice, 10th and Constitution
Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The system encompasses every United States Judge except those appointed to the United States
Court of Military Appeals and Tax Court.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system of records consists of records folders which may contain up to five sections.
The personnel section contains general, personnel-type information and includes such items as
biographical sketches, oaths of office, copies of commissions, nomination letter, qualifications
statements, letters of recommendation, and copies of notifications of appointment. The character
section contains completed or portions of on-going background investigations and matters related
thereto. The Congressional section contains Congressional and other political type recommendations
regarding appointment. The complaint section contains correspondence from individuals or groups
complaining about office holders. The protest section contains correspondence, if any exists,
protesting the appointment of candidates.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>These records are maintained pursuant to 5 U.S.C. 301.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Generally, these records are used only for internal Department of Justice purposes. Prior to
appointment, routine uses would include those specified for the Presidential Appointee Candidate
Record System.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice 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><p>Release of information to Members of Congress. Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration: A record from a
system of records may be disclosed as a routine use to the National Archives and Records
Administration (NARA) in records management inspections conducted under the authority of 44 U.S.C.
2904 and 2906.
</p><p>Release of information to the Judicial Branch of the Federal Government: Information may be
disclosed to members of the Judicial Branch of the Federal Government in response to a specific
request where disclosure appears relevant to the authorized function of the recipient judicial
office of the court.
</p><p>Release of information to civil or criminal law enforcement agencies: Information may be
disclosed to any civil or criminal law enforcement agency, whether Federal, State, local, or
foreign, which requires information relevant to a civil or criminal investigation.
</p><p>Release of information to agencies regarding the hiring or retention of employees: Information
may be disclosed to officials and employees of the White House or any Federal agency which requires
information relevant to an agency decision concerning the hiring, appointment, or retention of an
employee; the issuance of a security clearance; the execution of a security or suitability
investigation; the classification of a job; or the issuance of a grant or benefit.
</p><p>Release of information to Federal, State, and local licensing agencies: Information may be
disclosed to Federal, State, and local licensing agencies or associations which require information
concerning the suitability or eligibility of an individual for a license or permit.
</p><p>Release of information before a court or adjudicative body: Information may be disclosed in a
proceeding before a court or adjudicative body before which the Office of Legal Policy is authorized
to appear when (a) the Office of Legal Policy, or anu subdivision thereof, or (b) any employee of
the Office of Legal Policy in his or her official capacity where the Department of Justice has
agreed to represent the employee, or (d) the United States, where the Office of Legal Policy
determines that the litigation is likely to affect it or any of its subdivisions, is a party to
litigation or has an interest in litigation and such records are determined by the Office of Legal
Policy to be arguably relevant to the litigation.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>These records are maintained in paper folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by use of the name of the judge, as these records are filed
alphabetically.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>These records are maintained in cabinets stored in a locked room.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>The personnel section of the folders of United States Supreme Court Judges are sent to the
National Archives upon the death of the judge. All other sections are retained indefinitely as are
the entire records folders of all other United States Judges.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Attorney General, Office of the Legal Policy, United States Department of Justice,
10th and Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address all inquiries to the System Manager. These records will be exempted from subsections
(d)(1) and (e)(1) of section 552a, Title 5, United States Code, by the Attorney General under the
authority of 5 U.S.C. 552a(k)(5) to the extent therein permitted.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to non-exempt portions of records from this system should be directed
orally or in writing to the System Manager. When requests are in writing, the envelope and letter
should be marked `Privacy Access Request.’
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the System Manager, stating clearly and concisely what information is being
contested, the reasons for contesting it, and the proposed amendment(s) to the information.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Non-exempt sources of information contained in this system include the general public,
organizations, associations, the subjects of the records themselves, government agencies as
appropriate, and other interested parties.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (d)(1) and (e)(1) of the
Privacy Act pursuant to 5 U.S.C. 552a(k)(5). 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 <i>Federal
Register</i>.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/OLP-003</systemNumber>
<subsection type="systemName">General Files System of the Office of Legal Policy.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of the Assistant Attorney General, Office of Legal Policy, United States Department
of Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The system encompasses individuals who relate to official Federal investigations, policy
decisions, and administrative matters of such significance that the Assistant Attorney General
maintains information indexed to the name of that individual, including, but not limited to,
subjects of litigation, targets of investigations, Members and staff members of Congress, upper-
echelon government officials, and individuals of national prominence or notoriety.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records may include case files, litigation materials, exhibits, internal memoranda and
reports, or other records on a given subject or individual. Records vary in number and kind
according to the breath of the Assistant Attorney General’s responsibilities (28 CFR 0.23). Records
include those of such significance that the Assistant Attorney General has policy or administrative
interest, and those which cover investigative or law enforcement cases for which the Assistant
Attorney General is asked to provide an analysis and establish future policy direction. A
computerized index record containing the subject title and/or individual’s name is also maintained.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>These records are maintained pursuant to 5 U.S.C. 301.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>These records may be disclosed 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 privacy.
</p><p>These records may be disclosed to a Member of Congress or staff acting on the Member’s behalf
when the Member or staff requests the information for investigative or policymaking purposes or to
provide constituent assistance.
</p><p>These records may be disclosed to members of the judicial branch of the Federal Government in
response to a specific request where disclosure appears relevant to the authorized function of the
recipient judicial office or court system.
</p><p>These records may be disclosed to any civil or criminal law enforcement authorities, whether
Federal, State, local, or foreign, which requires information relevant to a civil or criminal
investigation.
</p><p>These records may be disclosed to the National Archives and Records Administration (NARA) in
records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>These records may be disclosed to officials and employees of the White House or any Federal
agency which requires information relevant to an agency decision concerning the hiring, appointment,
or retention of an employee, the issuance of a security clearance, the conducting of a security or
suitability investigation, the classifying of a job, or the issuance of a grant or benefit.
</p><p>These records may be disclosed to Federal, State, and local licensing agencies or associations
which require information concerning the eligibility or suitability of an individual for a license
or permit.
</p><p>These records may be disclosed in a proceeding before a court or adjudicative body before which
the Office of Legal Policy is authorized to appear when (a) the Office of Legal Policy, or any
subdivision thereof, or (b) any employee of the Office of Legal Policy in his or her official
capacity, or (c) any employee of the Office of Legal Policy in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or (d) the United States, where the
Office of Legal Policy determines that the litigation is likely to affect it or any of its
subdivisions, is a party to litigation or has an interest in litigation and such records are
determined by the Office of Legal Policy to be arguably relevant to the litigation.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are stored in paper folders and on index cards. As of August 1982, the index record
is also stored on magnetic disks.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records may be retrieved by subject title or individual’s name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Records are maintained in cabinets stored in a locked room or, in the case of those records
that are classified, in safes or vaults. The computer is also maintained in a locked room. The
computer has a key lock and may be accessed only by persons with a Top Secret clearance by use of a
code.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are kept indefinitely.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Deputy Director, Office of Information and Privacy, Office of Legal Policy, United States
Department of Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address all inquiries to the system manager. These records will be exempted from subsections
(c)(3) and (4); (d); (e)(1), (2) and (3), (e)(4)(G) and (H), (e)(5); and (g) of the Privacy Act
pursuant to 5 U.S.C. 552a(j)(2), (k)(1), (k)(2) and (k)(5).
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Make requests for access to records from this system in writing to the system manager, and
clearly mark both the letter and the envelope "Privacy Act Request."
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Make all requests to contest or amend information maintained in the system in writing to the
system manager. State clearly and concisely what information is being contested, the reasons for
contesting it, and the proposed amendment(s) to the information.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system include individuals, local, State and
foreign government agencies as appropriate, the executive and legislative branches of the Federal
Government, and interested third parties.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>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 (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2),
(k)(1), (k)(2) and (k)(5). 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 <i>Federal Register</i>. These exemptions
apply only to the extent that information in a record pertaining to a particular individual relates
to official Federal investigations and law enforcement matters. Those files indexed under an
individual’s name and which concern policy formulation or administrative matters are not being
exempted pursuant to 5 U.S.C. 552a(j)(2), (k)(1), (k)(2) or (k)(5).
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/OPA-001</systemNumber>
<subsection type="systemName"> Executive Clemency Case Files/Executive Clemency Tracking System.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Unclassified.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of the Pardon Attorney (OPA), U.S. Department of Justice, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals who have applied for or have been granted or denied executive clemency, and
individuals who have corresponded with OPA, either directly or by referral, concerning persons who
have applied for or have been granted or denied executive clemency. In addition, the categories of
individuals covered by this system also include DOJ personnel, to include DOJ contractors,
authorized to access and use the system.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system contains data, documents and correspondence, in hard copy and/or electronic
format, concerning the individual case files of persons who have applied for or been granted or
denied executive clemency, which may include the following: The clemency petition; character
affidavits; investigatory material; court-related documents (e.g., presentence reports, judgments of
conviction, and court opinions); official court-martial documents (in military cases); prison
progress reports and U.S. Parole Commission notices of action; media reports (<i>e.g.</i>, newspaper
and magazine articles); and official and other correspondence (both generated and received, whether
solicited or unsolicited), including correspondence received by OPA concerning an individual who has
filed a clemency petition or is granted or denied clemency. Additionally, the system contains inter-
agency and intra-agency reports as well as case notes, recommendations, and decisional documents
generated throughout the deliberative process to assist OPA in formulating clemency recommendations
to the President or otherwise performing its duties more efficiently. The system contains records
regarding authorized system users, including audit log information and records relating to
verification or authorization of an individual’s access to the system.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The system is established and maintained in order to carry out the duties assigned by the
President, pursuant to the power granted him under the United States Constitution, Article II,
section 2, to the Department of Justice (DOJ) in Executive Order of the President 30-1, dated
June 16, 1893; and Executive Order of the President No. 11878 (published at 40 FR 42731), as
delegated by the Attorney General to OPA in 28 CFR 0.35 and 0.36 (Attorney General Order No. 1012
-83, published at 48 FR 22290), and as described in 28 CFR 1.1 through 1.11 (Attorney General
Order No. 1798-93, published at 58 FR 53658); and 44 U.S.C. 3101.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>Executive clemency case files and the records contained within ECRD are maintained by the
Attorney General or his designee to facilitate and document the functions of the Attorney General or
his designee in receiving, investigating, and evaluating requests for executive clemency; preparing
the necessary reports and recommendations from the DOJ to the President in clemency matters; serving
as a liaison with clemency applicants and the public on clemency matters; and advising the President
on the historical exercise of the clemency power. The system’s use of computerized records
facilitates an increased level of efficiency and automation with regard to the maintenance and use
of information contained therein.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Information contained in this system may be disclosed as follows:
</p><p>(a) To the President, and members of his staff, in order to assist him in the exercise of his
constitutional clemency power.
</p><p>(b) To any person or entity, whose comments on a particular clemency matter are solicited by OPA
in connection with its investigation and review of a case, to the extent deemed by OPA to be
necessary in order to enable such persons to respond to the request.
</p><p>(c) 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.
</p><p>(d) To a private contractor or federal agency for the purpose of preparing bound and indexed
volumes containing originals and/or photocopies of the official warrant of clemency granted each
clemency recipient as a public and official record of Presidential action.
</p><p>(e) Where a record, either alone or in conjunction with other information, indicates a violation
or potential violation of law--criminal, civil, or regulatory in nature--the relevant
records may be referred to the appropriate federal, state, local, territorial, tribal, or foreign
law enforcement authority or other appropriate entity charged with the responsibility for
investigating or prosecuting such violation or charged with enforcing or implementing such law.
</p><p>(f) To a federal, state, local, or tribal agency, including prosecution, corrections, sentencing,
parole, or probation authorities, in order to assist it in the execution of appropriate actions
necessary to implement a Presidential clemency decision or in the performance of its official
duties.
</p><p>(g) 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.
</p><p>(h) In an appropriate proceeding before a court, grand jury, or administrative or adjudicative
body, when the DOJ 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.
</p><p>(i) To the news media and the public, including disclosures pursuant to 28 CFR &#167; 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><p>(j) 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.
</p><p>(k) To the National Archives and Records Administration for purposes of records management
inspections and accessions conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>(l) To former employees of the Department for purposes of: Responding to an official inquiry by a
federal, state, local, or tribal government entity or professional licensing authority, in
accordance with applicable Departmental 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><p>(m) To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.
</p><p>(n) To appropriate officials and employees of a federal agency or entity when the information is
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 investigation; the letting of a
contract; or the issuance of a grant or benefit.
</p>
    <p>(o) To another Federal agency or Federal entity, when the Department 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.</p>
    <p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>All records which are part of Executive Clemency Case Files are stored within OPA’s work
area in individual file folders in a secure file room or file cabinets with controlled access,
and/or other appropriate GSA-approved security containers. All records which are part of ECRD are
stored in electronic form in a secure client/server configuration.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Individual case files which are part of Executive Clemency Case Files are retrieved
primarily by the name of the person who applied for or was granted or denied executive clemency but
also may be retrieved via any piece of uniquely identifying data (<i>i.e.,</i> BOP register number,
case file number, FBI number, or Social Security number).
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>All records which are part of Executive Clemency Case Files are secured through the use of
safes, locked file cabinets, and/or restricted access to the space in which they are located.
</p><p>All records which are part of ECRD are safeguarded in accordance with DOJ rules and policies
governing automated systems security and access; entry to the system takes place through individual
login of OPA employees and other authorized DOJ personnel; mandatory training is required of all
system users; and a thorough audit trail keeps track of user activity within ECRD.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>All paper records are stored within OPA’s work area while clemency is pending, and generally
for up to two years after the date of final action. Closed case files are transferred to the
Washington National Records Center in Suitland, Maryland one full year after the calendar year in
which the case was closed. Except for copies of reports furnished to the President on particular
clemency matters, clemency warrants and other documents reflecting the President’s action in
clemency cases, case files in any cases in which clemency is granted, case files in other cases
designated by the Pardon Attorney as having significant public interest, and notices issued by OPA
to the Office of Public Affairs of the DOJ, case files at the Washington National Records Center are
destroyed no sooner than 25 years after the case is closed, in accordance with the Records
Disposition Authority NC1-204-95-1, or successor Records Disposition Authority.
</p><p>All records within ECRD are maintained within the system while a clemency petition is pending and
for fifteen years after the year in which the case was closed. Copies of all records pertaining to
cases closed in the previous calendar year contained within the system are sent to NARA on an annual
basis. OPA maintains legal custody of these records until fifteen years have elapsed, at which point
the records within ECRD are destroyed and NARA becomes the legal custodian of the records. This
change occurs in accordance with Records Disposition Authority DA-204-2011-0001 or
successor Records Disposition Authority.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Pardon Attorney, Office of the Pardon Attorney, U.S. Department of Justice, Washington, DC
20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to the Pardon Attorney, Office of the Pardon Attorney, U.S. Department of
Justice, Washington, DC 20530, or e-mail inquiries to <i>USPardon.Attorney@usdoj.gov.</i>
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>The Attorney General has exempted executive clemency records from various provisions of the
Privacy Act, including the access and amendment provisions, to the extent such exemptions apply
pursuant to 5 U.S.C. 552a(j)(2). Where compliance would not appear to interfere with or adversely
affect the purposes of the system or the law enforcement process, the applicable exemption (in whole
or in part) may be waived by the OPA in its sole discretion. These requests for discretionary
releases of records shall be made either in writing or via email to the system manager listed above
with the envelope and letter or subject line clearly marked "Privacy Access Request."
Include in the request the general subject matter of the document. Provide full name, current
address, date and place of birth, signature, all of (which must be either be notarized or submitted
under penalty of perjury), and a return address or email address for transmitting the information.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as Record Access Procedures.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information include: individual applicants for clemency, their representatives,
and persons who write, confer with, or orally advise OPA concerning those applicants; investigatory
reports of the Federal Bureau of Investigation, the Drug Enforcement Administration, the Internal
Revenue Service, Immigration and Customs Enforcement agency of the Department of Homeland Security
and other appropriate government agencies; records of the Federal Bureau of Prisons; reports of the
Armed Forces; presentence reports provided by the Bureau of Prisons or the federal Probation
Offices; reports of the U.S. Parole Commission; data provided by the Office of White House Counsel;
comments and recommendations from current and former federal and state officials; and employees of
the Department of Justice.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3), (c)(4), (d)(1), (d)
(2), (d)(3), (d)(4), and (e)(5) 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 <i>Federal Register</i>.
</p></xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p>76 FR 57078 (September 15, 2011): Last published in full.</p>
</xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/OPR-001</systemNumber>
<subsection type="systemName">Office of Professional Responsibility Record Index
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Unclassified Information and Classified Information.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>United States Department of Justice, 950 Pennsylvania Ave., NW., Washington, DC 20530-
0001
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>(1) DOJ employees who are the subjects of complaints directed to, or inquiries or
investigations conducted by, OPR; (2) individuals (complainants) who write to OPR; (3) individuals
(complainants) who write to the Attorney General and other officials of the Department and whose
correspondence is referred to OPR; (4) employees of agencies of the federal government, other than
DOJ, about whom information indicating possible criminal or administrative misconduct has been
developed during the course of routine investigation by components of DOJ, when such information is
furnished to OPR for referral--if warranted--to an appropriate investigative component of
DOJ, or another government agency; (5) non-DOJ attorneys who are the subjects of allegations of
professional misconduct which have been referred to OPR by DOJ employees during the course of their
official duties; (6) witnesses; and (7) other individuals referenced in cases or matters of concern
to OPR.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system of records consists of complaints filed against DOJ employees, the results of
investigations into those complaints, and actions taken after completion of the investigations. This
system also includes all records developed pursuant to special assignments given to OPR by the
Attorney General or the Deputy Attorney General as well as records containing information indicating
possible misconduct by employees of the federal government other than DOJ, which have been furnished
to OPR for referral, if warranted, to the appropriate investigative authority. This system also
includes records concerning non-DOJ attorneys who are the subjects of allegations of professional
misconduct which have been referred to OPR by DOJ-employees during the course of their official
duties.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>44 U.S.C. 3101 <i>et seq.,</i> 28 CFR 0.39 <i>et seq.,</i> and Attorney General Order No.
833-79.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>Information in this system is maintained to provide for the resolution of allegations of
professional misconduct made against DOJ employees and to advise complainants of the status of
investigations and the results. Information in this system is also maintained for purposes of making
a determination concerning the possible referral of certain allegations of professional misconduct
made against non-DOJ attorneys to the appropriate licensing authorities.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Information may be disclosed from this system as follows:
</p><p>(1) Where a record, either alone or in conjunction with other information, indicates a violation
or potential violation of law--criminal, civil, or regulatory in nature--the relevant
records may be referred to the appropriate federal, state, local, territorial, tribal, or foreign
law enforcement authority, or other appropriate entity charged with the responsibility for
investigating or prosecuting such violation or charged with enforcing or implementing such law.
</p><p>(2) To any person or entity that OPR has reason to believe possesses information regarding a
matter within the jurisdiction of OPR, to the extent deemed to be necessary by OPR, in order to
elicit such information or cooperation from the recipient for use in the performance of an
authorized activity.
</p><p>(3) 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.
</p><p>(4) 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.
</p><p>(5) A record may be disclosed 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.
</p><p>(6) 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><p>(7) 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.
</p><p>(8) 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.
</p><p>(9) To complainants 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.
</p><p>(10) To professional organizations or associations with which individuals covered by this system
of records may be affiliated, such as state bar disciplinary authorities, to meet their
responsibilities in connection with the administration and maintenance of standards of conduct and
discipline.
</p><p>(11) 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.
</p><p>(12) 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 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.
</p><p>(13) To a member of the judicial branch of federal government in response to a written request
where disclosure is relevant to the authorized function of the recipient judicial office or court
system.
</p><p>(14) To the subject of an investigation or inquiry conducted by OPR to further the investigation
or inquiry, or to give notice of the status or outcome of the investigation or inquiry.
</p><p>(15) To an actual or potential party to litigation or the party’s authorized representative for
the purpose of negotiation or discussion of such matters as settlement, plea bargaining, or in
informal discovery proceedings.
</p><p>(16) 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.
</p><p>(17) To such recipients and under such circumstances and procedures as are mandated by federal
statute or treaty.
</p><p>(18) To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.</p>
<p>(19) To another Federal agency or Federal entity, when the Department 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.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information is stored manually in file jackets and electronically in office automation
equipment.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by individual names and by unique file numbers assigned to each
case. In most instances, information is retrieved by the name of the employee or non-DOJ attorney
who is the subject of the complaint, and in some instances by the name of the complainant.
Information may also be retrieved by the name of other individuals referenced in the case or matter.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>The information is stored in safes, locked filing cabinets, and office automation equipment
in a limited access area and is maintained according to applicable departmental security
regulations.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records in the system are retained and disposed of in accordance with NARA Job #NCI-60
-77-6.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Counsel, Office of Professional Responsibility, Department of Justice, 950 Pennsylvania
Avenue, NW., Room 3525, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address any inquiries to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>The major part of this system is exempted from this requirement under 5 U.S.C. 552a(j)(2),
(k)(1), (k)(2), and/or (k)(5). To the extent that information in this system of records is not
subject to exemption, it is subject to access and contest. A determination as to exemption shall be
made at the time a request for access is received. A request for access to records contained in this
system shall be made in writing, with the envelope and the letter clearly marked "Privacy
Access Request." The request shall include the full name of the individual involved, his or
her current address, date and place of birth, notarized signature, together with any other
identifying information which may be of assistance in locating the record. The requester will also
provide a return address for transmitting the information. Access requests will be directed to the
System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the System Manager listed above, stating clearly and concisely what information is
being contested, the reasons for contesting it, and the proposed amendment to the information
sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Department officers and employees, and other federal, state, local and foreign law
enforcement and non-law enforcement agencies, private persons, witnesses, and informants.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>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), (k)(1), (k)(2), and (k)(5). This exemption applies only to the extent that information
in the system is subject to exemption pursuant to 5 U.S.C. 552a (j)(2), (k)(1), (k)(2), or (k)(5).
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 <i>Federal Register</i>.
</p></xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p>76 FR 66752 (October 27, 2011): Last published in full.</p>
</xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/OPI-001</systemNumber>
<subsection type="systemName">News Release, Document and Index System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Room 5114, U.S. Department of Justice, 10th Street and Constitution
Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>A. Defendants in civil and criminal
actions brought by the Department of Justice for which news releases were issued; B. Current and
former employees of the Department of Justice on which news releases and biographical information
were prepared.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system contains an index record of each news
release and document issued by the Department of Justice and copies of the news release and
document.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The system is established and maintained at the
direction of the Attorney General pursuant to 5 U.S.C. 301 and 44 U.S.C. 3101.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The index is used to retrieve news releases and documents issued by the
Department upon request.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice 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><p>Release of information to Members of Congress. Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration: A record from a
system of records may be disclosed as a routine use to the National Archives and Records
Administration (NARA) in records management inspections conducted under the authority of 44 U.S.C.
2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage: </p><p>Information maintained in the system is stored manually on index cards and
letter- and legal-size paper.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by using the name of the defendant, subject
matter of legal action, state in which action is filed, and name of current or former employee.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information contained in the system is unclassified.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>The index and one copy of each news release are retained
indefinitely. Additional copies are retained for one year and then destroyed.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director of Public Information, U.S. Department of
Justice, 10th Street and Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as the above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for a copy of a record from this system may be made
in writing, by telephone, or in person.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Persons desiring to contest or amend information
maintained in the system should direct their request to the System Manager listed above, stating
clearly and concisely what information is being contested, the reasons for contesting it, and the
proposed amendments to the information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system are those
employees who prepared the document on which a news release is based.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/PRC-001</systemNumber>
<subsection type="systemName"> Docket, Scheduling and Control.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are maintained at each of the Regional Offices for inmates incarcerated in and
persons under supervision in each region, except for the National Appeals Board docket maintained in
Washington. Duplicates of regional materials are maintained in Washington. All requests for records
should be made to the appropriate regional office or Headquarters at the following addresses: United
States Parole Commission, 2nd and Chestnut Sts. Customs House--7th Floor, Philadelphia, PA
19106, United States Parole Commission, 1718 Peachtree St., NW, Suite 250, Atlanta, GA 30309, United
States Parole Commission, 5550 Friendship Blvd., Chevy Chase Md. 20815, ATTN: National Appeals
Board, United States Parole Commission, Air World Center Suite 220, 10920 Ambassador Dr., Kansas
City, Mo. 64153. United States Parole Commission, 525 Griffin St., Suite 820 Dallas, Tex. 75202.
United States Parole Commission, 1301 Shoreway Road Fourth Floor, Belmont, CA 94002
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current and former inmates under the custody of the Attorney General who are to be scheduled
for hearings under Commission procedures. Former inmates includes those presently under supervision
as parolees or mandatory releasees and those against whom a revocation warrant has been issued.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>(a) Docket sheets--Each region and the National Appeals Board in Washington maintains a
cumulative series of docket sheets in time sequence showing Commission action. Principal data
elements are name and register number of inmate, offense, sentence, and previous and present Action.
The appeal docket includes the data and type of appeal in addition to much of the above data. These
provide a continual running record of the basic data elements per inmate and former inmate. Docket
sheets are used to input this information into a computer program which produces printouts of
identical information and certain statistical reports. (b) Hearing schedules--Shortly after
inmates are incarcerated, their names appear on an eligibility list prepared by the Bureau of
Prisons, for initial parole hearings. Following the hearing, the Commission may order that the
inmate be denied parole, granted a presumptive parole date, granted an effective (within six months)
parole date or continued to a 15 year reconsideration hearing. Other types of hearings and reviews
are provided for in the Code of Federal Regulations as part of parole, rescission or revocation
procedures. All of the different types of hearings and reviews are placed on schedules for examiners
to process when they visit the various institutions or hold "local"  hearings. The data elements are
similar to those on the docket but indicate the number and type of hearing or review to be held
instead of the result.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>18 U.S.C. 4201-4218, 5005-5041, 28 CFR part 0, subpart V, and 28 CFR part 2.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>(a) The dockets provide the basis of answering basic inquiries, mostly from within the
Parole Commission, as to when a hearing came up for an individual and what action was taken. The
schedules indicate to examiners and prison staff the specific hearings and reviews to be prepared
for and held.
</p><p>(b) In the event that material in this system indicates a violation or potential violation of
law, whether civil, criminal or regulatory in nature, and whether arising by general statute, or by
regulation, rule or order issued pursuant thereto, the relevant records may be referred to the
appropriate agency, whether Federal, State, local or foreign, charged with responsibility of
investigating or prosecuting such violation or charged with enforcing or implementing the statute,
or rule, regulation or order issued pursuant thereto.
</p><p>(c) A record from this system of records may be disclosed to a Federal, State or local agency
maintaining civil, criminal or other relevant information if necessary to obtain information
relevant to an agency decision concerning parole matters.
</p><p>(d) A record from this system may be disclosed to a Federal agency, in response to its request,
in connection with the hiring or retention of an employee, the issuance of a security clearance, the
reporting of an investigation of an employee, the letting of a contract, or the issuance of a
license, grant or other benefit by the requesting agency, to the extent that the information is
relevant and necessary to the requesting agency’s decision on the matter.
</p><p>(e) Internal users--Employees of the Department of Justice who have a need to know the
information in the performance of their duties.
</p><p>(f) External users--As noted above, on occasion employees of Federal, State and local
enforcement, correctional, prosecutive, or other agencies, and courts may have access to this
information.
</p><p>Release of information to the news media:
</p><p>Information permitted to be released to the news media and the public pursuant to 28 CFR 50.2 may
be made available 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><p>Release of information to members of congress.
</p><p>Information not otherwise required to be released pursuant to 5 U.S.C. 552, may be made available
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 in response to a communication from the individual who is the
subject of the record.
</p><p>Release of information to the National Archives and Records Administration (NARA) and to the
General Services Administration (GSA):
</p><p>A record may be disclosed as a routine use to the NARA and GSA in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information stored in the system is on sheets of paper, one item per line, stored in folders
or binders. An experimental program to store such data on tape disk, or microfiche using ADP
technology, and to prepare certain computer printouts is in effect in all regions. Data also may be
stored on paper printouts through file retention.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Name, register number, date, institution Commission action, and statistical data as to such
actions.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Copies of dockets, printouts and schedules are not disseminated outside of Commission
offices and Bureau of Prisons installations. They are available only to Commission and bureau
employees on a "need to know"  basis. Information therefrom may be given outside the Department as
indicated in the "Routine Uses."  If so, a letter will be written covering the item disclosed, date
and identity of the recipient. If information must be given over the phone due to urgency, the
caller will be identified beforehand and details of the call recorded.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records in this system are kept for five (5) years after the effective date of the schedule
or date of the last item recorded on the docket. They are then shredded and electronically stored
records are erased.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Research and Program Development, United States Parole Commission, 5550 Friendship
Blvd., Chevy Chase, MD 20815.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to Regional Commissioner at appropriate location. For general inquiries,
address system manager. The Attorney General has exempted this system from compliance with the
provisions of subsection (d), under the provisions of subsection (j).
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>(1) Bureau of Prisons files; (2) Parole Commission and Bureau of Prison’s employees; (3)
Court Records; (4) Parole Commission inmate files.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3) and (4), (d), (e)(2)
and (3), (e)(4)(G) and (H), (e)(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 <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/PRC-003</systemNumber>
<subsection type="systemName"> Inmate and Supervision Files.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are maintained at each of the U.S. Parole Commission’s (USPC) Regional Offices for
inmates incarcerated in and persons under supervision in each region. Records are housed temporarily
at the Commission’s Headquarters Office located at 5550 Friendship Blvd., Chevy Chase, MD 20815 when
used by the National Appeals Board or other Headquarters personnel. A duplicate records of certain
data elements from files is maintained on microfiche for Headquarters use. Prior to the first parole
hearing, the inmate’s file is maintained at the institution at which he is incarcerated. Certain
records on parolees and mandatory releases are maintained at probation offices. All requests for
records should be made to the appropriate regional office at the following addresses: U.S. Parole
Commission, Customs House Seventh Floor, Second and Chestnut Streets, Philadelphia, Pa. 19106. U.S.
Parole Commission, 1718 Peachtree St. NW, Suite 250, Atlanta, GA 30309. U.S. Parole Commission, Air
World Center, Suite 220, 10920 Ambassador Drive, Kansas City, Mo. 64153. U.S. Parole Commission, 525
Griffin St., Suite 820, Dallas, Tex. 75202, U.S. Parole Commission, 1301 Shoreway Road, 4th Floor,
Belmont, CA 94002.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current and former inmates under the custody of the Attorney General. Former inmates include
those presently under supervision as parolees or mandatory releasees.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>1. Compulation of sentence and supportive documentation.
</p><p>2. Correspondence concerning pending charges, and wanted status, including warrants.
</p><p>3. Requests from other Federal and non-Federal law enforcement agencies for notification prior to
release.
</p><p>4. Records of the allowance forfeiture, withholding and restoration of good time.
</p><p>5. Information concerning present offense, prior criminal background sentence, and parole from
the U.S. Attorneys, the Federal Courts, and Federal prosecuting agencies.
</p><p>6. Identification data.
</p><p>7. Order of designation of institution or original commitment.
</p><p>8. Records and reports of work and housing assignments.
</p><p>9. Program selection assignments and performance adjustments/progress reports.
</p><p>10. Conduct records.
</p><p>11. Social background.
</p><p>12. Educational data.
</p><p>13. Physical and mental health data.
</p><p>14. Parole Commission applications, appeal documentation, orders actions, examiner’s summaries,
transcripts or tapes of hearings, guideline evaluation documents, parole or mandatory release
certificates, statements or third parties for or against parole, special reports on youthful
offenders and adults required by statute and related documents.
</p><p>15. Correspondence regarding release planning, adjustment and violations.
</p><p>16. Transfer orders.
</p><p>17. Mail and visit records.
</p><p>18. Personal property records.
</p><p>19. Safety reports and rules.
</p><p>20. Release processing forms and certificates.
</p><p>21. Interviews requests forms from inmates.
</p><p>22. General correspondence.
</p><p>23. Copies of inmate court petitions and other court documents.
</p><p>24. Report of probation officers. Commission correspondence with former inmates and others, and
Commission order and memoranda dealing with supervision and conditions of parole or mandatory
release.
</p><p>25. If an alleged parole violation exists, correspondence requesting a revocation warrant,
warrant application, warrant, instructions as to service, detainers and related documents.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>18 U.S.C. 4201-4218, 5005-5041, 28 CFR part 0, subpart V, and 28 CFR part 2.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The system constitutes the agency’s records upon which it bases all its decisions with
respect to every stage of parole consideration from initial hearing to termination of parole
supervision. For example, it is used by USPC hearing examiners to perform a prehearing review and to
conduct the inmate’s initial parole hearing. After that hearing, it is maintained in the appropriate
regional office where it provides the principal information source for all decisions leading to
parole or denial of parole, and all decisions following release to supervision. It is used at USPC
headquarters when appeals come before the National Appeals Board or when needed by legal counsel and
others on the headquarters staff. It is used by employees at all levels, including USPC members, to
provide information for decisionmaking in every area of USPC responsibility. Files of released
inmates are used to make statistical studies of subjects related to parole and revocation. Finally,
the file is maintained to provide the rationale of USPC actions when an agency determination is
questioned by members of the public or challenged in judicial proceedings.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>(a) The system may be used as a source for disclosure of information which is solely a
matter of public record and which is traditionally released by the agency to further public
understanding of its criminal justice system, including but not limited to offense, sentence data,
and prospective release date.
</p><p>(b) The system may be used to provide an informational source for responding to inquiries from
Federal inmates, their families, representatives, and Congressional offices.
</p><p>(c) Record from the system of records may be routinely disclosed to U.S. Probation Officers for
the performance of their official duties.
</p><p>(d) In the event that the USPC is informed of a violation or suspected violation of law whether
civil, criminal or regulatory in nature, and whether arising by general statute, or by regulation,
rule or order issued pursuant thereto, the relevant records may be disclosed to the appropriate
agency, whether Federal, State, local or foreign, charged with the responsibility of investigating
or prosecuting such violation or charged with enforcing or implementing the statute, or rule,
regulation or order, issued pursuant thereto.
</p><p>(e) Records from this system may be disclosed to a Federal, State or local agency or court if
that agency or court requests information for an official purpose to which the documents appear to
be relevant.
</p><p>(f) A record from this system may be disclosed to a person or to persons who may be exposed to
harm through contact with a particular parolee or mandatory releasee (or to persons in a position to
prevent or minimize such harm), if it is deemed to be necessary to give notice that such danger
exists.
</p><p>(g) Lists of names of parolees and mandatory releasees entering a jurisdiction and related
information may be disclosed to law enforcement agencies upon request as may be required for the
protection of the public for the enforcement of parole conditions.
</p><p>(h) Disclosure of USPC notices of action may be made (1) by the Office of Public Affairs of the
U.S. Department of Justice to the public generally, and (2) by USPC to specific crime victims and
witnesses (as those terms are used in the Victim and Witness Protection Act of 1982), from the files
of prisoners whose applications for parole have been decided by USPC. The purpose of such disclosure
is to further understanding of the criminal justice system by the public and by crime victims and
witnesses.
</p><p>(i) Incidental disclosure of file material may be made during the course of a parole or parole
revocation hearing to victims and witnesses of crime and other legitimately interested persons
authorized by USPC to attend such hearing, so as to further their understanding of the case to
permit their intelligent comment with respect to USPC’s decision.
</p><p>(j) Records which are arguably relevant to litigation in which the Parole Commission has an
interest, or to the litigation defense of its present or former employees (if the Department of
Justice has agreed to provide representation) may be disclosed from a current or former inmates’s or
parolee’s file by disseminating in proceeding before a court or tribunal at any time deemed
appropriate by the Government’s attorney.
</p><p>(k) A record from this system of records may be disclosed to a current or former criminal justice
official who is a defendant in a lawsuit brought by, or which involves, an individual who is the
subject of a file maintained in this system of records, provided that such litigation arises from
allegations of misconduct on the part of the defendant while a criminal justice official, and that
the records are arguably relevant to the matter in litigation. Such records may be disclosed to the
defendant to facilitate the preparation of his or her defense.
</p><p>(l) Records from this system may be disclosed to any person performing any service for the USPC
pursuant to authority exercised by the Chairman under 18 U.S.C. 4204(b)(1) through (8), and for the
purposes contemplated by that statute.
</p><p>(m) A record relating to the identification and location of Human Immunodeficiency Virus (HIV)-
positive parolees (those who test positive for the Acquired Immune Deficiency Syndrome virus) may be
disseminated to State or local health departments where permitted by State law.
</p><p>(n) Where the Commission or supervising probation office believes that a specific person is or
has been exposed to a medically recognized risk from an HIV-positive parolee and has not been
advised of such risk, a record relating to the identification of that parolee may be released to the
parolee’s physician or State or local health authorities for the purpose of determining if the
physician or health authorities are willing to provide a warning to the third-party at risk and, if
willing, for the purpose of providing such a warning.
</p><p>(o) A record relating to the identification of an HIV-positive parolee may be made to a third
party where it is believed that such third party is or has been exposed to medically recognized type
of risk from an HIV-positive parolee and has not been advised of such risk. Such disclosures under
this routine use would be made only where the parolee’s physician or State or local health
authorities are unable or unwilling to make such a warning to the third party; such disclosures will
be made discreeting and as a confidential communication.
</p><p>(p) To the extent not prohibited by State law, a record relating to the identification and
location of an HIV-positive parolee may be disseminated to those medical facilities, State or local
health departments, community organizations or similar groups capable of providing medical help or
counseling to HIV-positive parolees.
</p><p>(q) A record relating to the identification of an HIV-positive parolee may be released to the
United States Marshal when the Commission issues a parole violator warrant for the arrest of an HIV-
positive parolee.
</p><p>(r) Information permitted to be released to the news media and the public pursuant to 28 CFR 50.2
may be made available 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><p>(s) Information nor otherwise required to be released pursuant to 5 U.S.C. 552 may be made
available 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.
</p><p>(t) A record may be disclosed to the National Archives and Records Administration and the General
Services Administration in records management inspections conducted under the authority of 44 U.S.C.
2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Manual requests records are stored in locked safes. Automated requests records are stored on
disks.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Requests reports are filed and retrieved under the names of those persons and individuals
identified under the caption "Categories of individuals covered by the system."  These records are
retrieved by Department personnel to perform their duties, e.g., when subsequent requests are made
by the public for copies of their previous requests and responses thereto, or when the requester
submits a supplemental request to information clarifying a previous request.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to requests records is limited to Department of Justice personnel who have need for
the records to perform their duties. Request files (manual records) are stored in locked safes. All
records are stored in an office which is occupied during the day and locked at night.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are held at the regional office until termination of sentence then transferred to
the Washington National Records Center. Records are destroyed ten years after the case becomes
inactive.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>FOIA Officer, United States Parole Commission, 5550 Friendship Blvd., Chevy Chase, MD 20815.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to Regional Commissioner at appropriate location. For general inquiries,
address System Manager. The Attorney General has exempted this system from compliance with the
provisions of Subsection (d) under the provisions of Subsection (j).
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>1. Individual inmate: 2. Federal law enforcement agencies and personnel: 3. State and
Federal probation services; 4. Non-Federal law enforcement agencies; 5. Educational institutions; 6.
Hospital or medical sources; 7. Relatives, friends and other interested individuals or groups in the
community; 8. Former or future employers; 9. Evaluations, observations, reports and findings of
institution supervisors, counselors, boards and committees, Parole Commission examiners, Parole
Commission Members; 10. Federal court records; 11. U.S. Bureau of Prisons personnel and records.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c) (3) and (4), (d)(e) (2)
and (3), (e)(4) (G) and (H), (e)(8) 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 U.S.C. 553 (b), (c) and (e) and
have been published in the <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/PRC-004</systemNumber>
<subsection type="systemName"> Labor and Pension Case, Legal File and General Correspondence System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>All Labor and Pension cases, most legal files and some general correspondence material is
located at: Commission Headquarters, 5550 Friendship Blvd., Chevy Chase, MD 20815. The balance of
the general correspondence material is located at the Commission’s Regional Offices, the addresses
of which are specified in the Inmate and Supervisions System.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>All applicants for exemptions under 29 U.S.C. 504 and 29 U.S.C. 1111, all persons litigating
with the U.S. Parole Commission, all persons corresponding with the Commission on subjects not
amenable to being filed in an inmate or supervision file identified by an individual, and all
Congressmen inquiring about constituents.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Pursuant to 29 U.S.C. 504 and 1111, the Commission processes applications of persons
convicted of certain crimes for exemptions to allow their employment in the Labor or pension plan
fields. The files contain memoranda, correspondence, and legal documents with information of a
personal nature, i.e., family history, employment history, income and wealth, etc., and of a
criminal history nature, i.e., record of arrests and convictions, and details as to the crime which
barred employment. The final decision of the Commission in each case is a public document under the
Freedom of Information Act. The General Counsel’s Office of the Parole Commission maintains work
files for each inmate or person on supervision who is litigating with the Commission. These files
contain personal and criminal history type data regarding inmates, and internal communications among
attorneys, Commissioners and others developing the Commission’s legal position in these cases. Files
of the Commission’s correspondence with Congressmen who inquire about constituents who have paroles
or revocations pending or other subjects are maintained in the Chairman’s Office and in the regions.
Files of correspondence, notes, and memoranda concerning parole revocation, rescission, and related
problems are also maintained in those locations. Some of this material duplicates material in the
inmate files and contain criminal history type information about individuals.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>These files are maintained pursuant to 18 U.S.C. 4201, 5005-5041, 28 CFR part O,
subpart V, 28 CFR parts 2 and 4, 29 U.S.C. 504, 1111, and all statutory sections and procedural
rules allowing inmates, persons under supervision, or others to litigate with the Parole Commission.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Within the Parole Commission material in this system is used respectively by General
Counsel’s Office staff and Commission Members in processing exemption applications. The legal file
material is used by General Counsel’s Office staff in asserting the litigative position of the
Commission. The general correspondence is used by the Commission personnel in responding to
Congressmen, and by Commission Members and others in transacting the day-to-day business of the
Commission. Final pension and labor case decisions are used by the Commission, the Justice, and
Labor Departments, and the public to establish precedents in this field of administrative law.
</p><p>In the event that material in this system indicates a violation or potential violation of law,
whether civil, criminal or regulatory in nature, and whether arising by general statute, or by
regulation, rule or order issued pursuant thereto, the revelant records may be referred to the
appropriate agency, whether Federal, State, or local or foreign, charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing or implementing the statute,
or rule, regulation or order issued pursuant thereto. A record from this system of records may be
disclosed to a Federal, State or local agency maintaining civil, criminal or other relevant
information if necessary to obtain information relevant to an agency decision relating to pension or
labor matters. A record from this system may be disclosed to a Federal agency, in response to its
request, in connection with the hiring or retention of an employee, the issuance of a security
clearance, the reporting of an investigation of an employee, the letting of a contract, or the
issuance of a license, grant or other benefit by the requesting agency, to the extent that the
information is relevant and necessary to the requesting agency’s decision on the matter.
</p><p>Release of information to the News Media:
</p><p>Information permitted to be released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the U.S. Parole Commission 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><p>Release of information to Members of Congress:
</p><p>Information contained in systems of records maintained by the U.S. Parole Commission, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be made available 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 in response to a communication from the individual who is the subject of the
record.
</p><p>Release of information to the National Archives and Records Administration (NARA) and to the
General Services Administration (GSA):
</p><p>A record may be disclosed as a routine use to the NARA and GSA in records management inspections
conducted under the authority of 44 U.S.C. 2904 and
 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>All data is on documents or other papers on bound files. Labor and pension case material is
in the General Counsel’s Office or the Chairman’s Office at Headquarters, except for final decisions
which are in the Freedom of Information Act reading room. Legal files are in the General Counsel’s
Office at Headquarters. General correspondence is in the Chairman’s Office, the office of his staff
at Headquarters, and the offices of each Regional Commissioner.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Labor, pension, and legal file material is indexed or filed by name of applicant or
litigant, respectively. General correspondence is indexed or filed by subject, time sequence or
individuals to whom the item refer.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Material is available only to Commission employees on a "need to know"  basis. Storage
locations are supervised by day and locked at night. Only disclosure made therefrom is to other
agencies of the Department of Justice, the U.S. Probation Office, Federal enforcement agencies or
the Congress. Disclosure to congressmen in response to inquiries concerning constituents is subject
to the exemptions of the Freedom of Information Act. The Commission decisions in labor and pension
cases are public information under the Freedom of Information Act.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained for 10 years after the fiscal decision of the court, and are shredded
or destroyed electronically thereafter.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>General Counsel, United States Parole Commission, 5550 Friendship Blvd., Chevy Chase, MD
20815.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>a. Applicants for exemptions under 29 U.S.C. 504 and 29 U.S.C. 1111; b. U.S. Department of
Labor; c. Administrative Law Judges and others connected with labor or pension cases; d. Litigants
proceeding against Parole Commission; e. The Commission’s legal staff and other Commission
personnel; f. Congressmen and others making inquiries of Commission; g. Commission Members and
employees responding to inquiries, corresponding with others, preparing speeches, policy statements
and other means of contact with other branches of the Federal Government, State, and local
governments, and the public.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3) and (4), (d), (e)(2)
and (3), (e)(4) (G) and (H), (e)(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 <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/PRC-005</systemNumber>
<subsection type="systemName"> Office Operation and Personnel System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>At each regional office as indicated in the "Inmate and Supervision File System Report"  and
at the U.S. Parole Commission, 5550 Friendship Blvd., Chevy Chase, MD 20815.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Present and former Commission Members and employees of the U.S. Parole Commission.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Personnel records, leave records, property schedules, budgets and actual expense figures,
obligation schedules, expense and travel vouchers, and the balance of the usual paperwork to run a
Government office efficiently.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>All statutory sections, CFR sections, and OPM, MSPB, GSA, and OMB directives establishing
procedures for government personnel, financial, and operational functions.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Day-to-day activity involving personnel, financial, procurement, maintenance, recordkeeping,
mail delivery, and management functions.
</p><p>Release of information to the News Media:
</p><p>Information permitted to be released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department of Justice 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><p>Release of information to Members of Congress:
</p><p>Information contained in systems of records maintained by the U.S. Parole Commission, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be made available 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 in response to a communication from the individual who is the subject of the
record.
</p><p>Release of information to the National Archives and Records Administration (NARA) and to the
General Services Administration (GSA):
</p><p>A record may be disclosed as a routine use to the NARA and GSA in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are in paper files or on computer printouts. They are stored in operations areas of
offices.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Data of a personal nature is in employee personnel files, used by Commission personnel
files, used by Commission personnel on a "need to know"  basis. Each employee has a right to see his
own file on request. Other files are used by Commission personnel on a "need to know"  basis.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Files are supervised by appropriate personnel during the working day and are locked in rooms
at night.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Cutoff files at the end of the calendar year, held at the agency for one year then
transferred to the Washington National Records Center. Destroy seven years after cutoff.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Executive Officer, U.S. Parole Commission, 5550 Friendship Blvd., Chevy Chase, MD 20815.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as the above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as the above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as the above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The U.S. Parole Commission, the Justice Management Division and all other contributing
government agencies.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/PRC-006</systemNumber>
<subsection type="systemName"> Statistical, Education and Developmental System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Parole Commission Headquarters, 5550 Friendship Blvd., Chevy Chase, MD 20815.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Any inmate or former inmate under custody of the Attorney General including former inmates
supervised as parolees or mandatory releases.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>All records as described in the Workload Record, Decision Result, and Annual Report System
Plus data on additional input forms and certain follow-up forms and the Salient Factor Worksheet
Form. These forms include criminal history-type data elements regarding specific individuals
selected from the above category of individuals. This data is either organized and processed by hand
or is input into a computer and has been used to provide the following one-time reports in pamphlet-
text form: (a) Administrative Review of Parole Selection and Revocation decisions; (b) Parole
Decisionmaking, a Salient Factor Score; (c) Effect of Representation at Parole Hearings: (d) Parole
Decisionmaking--Structuring Discretion (e) Time Served and Release Performance--A Federal
Sample and certain additional reports, all available in the public reading room. The data base
collected as described in this and in JUSTICE/PRC 007 system will be used to prepare studies on
similar or related subjects in the future. It has been used to develop revocation guidelines similar
to parole guidelines, rescission guidelines and other operational improvements. Items collected for
this data base may change depending on the subject matter of new studies to be undertaken by the
Commission.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>18 U.S.C. 4201-4218, 5005-5041, 28 CFR part O, subpart V, 28 CFR part 2.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>a. Internal--Develop methodology for a more scientific determination of parolability
and revocability, methodology to comply with changing concepts of due process, and methodolgy to
select persons to be released from prison who will be less likely to recidivate.
</p><p>b. External--Add to the general body of knowledge in the parole area of criminology, and
provide educational material for other parole boards, and members of the criminal justice and
academic communities interested in this subject. Published pamphlets in text form are prepared on
subjects of interest in this area of criminology and are circulated freely. They contain no
references to individuals, either by name, address, register number or other means of
identification. They do not contain recognizable fact situations, descriptions, or other writings
through which identification of any individual within the present or former jurisdiction of the
Parole Commission can be made.
</p><p>Release of information to the news media:
</p><p>Information permitted to be released to the news media and the public pursuant to 28 CFR part 502
may be made available from systems of records maintained by the U.S. Parole Commission 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><p>Release of information to members of congress:
</p><p>Information contained in systems of records maintained by the U.S. Parole Commission not
otherwise required to be released pursuant to 5 U.S.C. 552, may be made available 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 in response to a communication from the individual who is the subject of the
record.
</p><p>Release of information to the National Archives and Records Administration (NARA) and to the
General Services Administration (GSA):
</p><p>A record may be disclosed as a routine use to the NARA and GSA in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Data is in input forms on printouts or other computer produced storage media. It is stored
as described in the JUSTICE/PRC-007 system description. Pamphlet text reports are public
documents stored in offices, libraries, and in bookshelves, and in the public reading room.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information by name, register number or FBI identification number may be retrieved from the
input forms, card decks, or storage media. This material is used only by authorized Parole
Commission personnel on a "need to know"  basis and is data processed only by authorized Bureau of
Prisons or Justice Department personnel. Material is not retrieved in identifiable form except that
computer produced "hard copy"  may be used to prepare a report or internal work papers. The final
pamphlet text reports and material resulting from studies are used by Commission personnel for
internal purposes and the public externally. None of this material contains any references to an
individual. Documents which contains information concerning one individual are made available to
that individual if requested under the Privacy Act.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>See "Safeguards"  section of JUSTICE/PRC-007 regarding input forms, printouts, discs,
or tape. Reports in pamphlet form are not safeguarded.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>See "Retention and Disposal"  of preceding system. The studies in pamphlet form are not
disposed of on schedule. Some will be maintained perpetually in archives.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Research Director, U.S. Parole Commission, 5550 Friendship Blvd., Chevy Chase, Md. 20815.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>a. Commission inmate files; b. Docket Sheets; c. Commission Notices of Action, orders and
documentation following hearings; d. Commission warrant applications and warrants; e. General
Commission records and data; f. Enforcement agency records regarding former inmates.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3) and (4), (d), (e) (2)
and (3), (e)(4) (G) and (H), (e)(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 <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/PRC-007</systemNumber>
<subsection type="systemName"> Workload Record, Decision Result, and Annual Report System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Parole Commission Headquarters, 5550 Friendship Blvd., Chevy Chase, MD 20815.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Any inmate and parolee or mandatory releasee who has been the subject of a decision for the
period covered in the report for which the data is used (prior month, prior quarter, prior year or
other period).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Certain original input forms indicate the inmate or person under supervision by name and
register number and give the date and specific statistical detail as to the decision made. They
include criminal history type of information regarding the persons in questions. The principle types
of decisions covered are after initial or review hearings, after a record review, after Regional
Appeal, after National Appeal, and after a decision reopening and modifying. The data is input into
a computer and is used to provide the following: (a) A monthly report of workload containing number
and type of hearings per region further broken out by institutions within regions and type of
sentence; (b) Bimonthly report on decision results indicating, among other statistics, number and
type of decisions within above, and below guidelines broken out by examiners making the decisions;
(c) Other or substitute reports as needed; and (d) Together with land posted data on other items of
statistical value, this data is being used to create the Annual Report of the Commission.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>18 U.S.C. 4201-4216, 5005-5041, 28 CFR part O, subpart V, 28 CFR part 2
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>(a) These records are used internally to analyze work product, the performance of
evaluators, and various types of procedures and hearings and to evaluate the guidelines and other
Commission procedures.
</p><p>(b) These records are used to prepare an annual report to the Attorney General, and Congress and
the public indicating in quantitative and qualitative terms Commission activity and accomplishment.
</p><p>(c) In the event that material in this system indicates a violation or potential violation of
law, whether a civil, criminal or regulatory in nature, and whether arising by general statute, or
by regulation, rule or order issued pursuant thereto, the relevant records may be referred to the
appropriate agency, whether Federal, State, local, or foreign charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing or implementing the statute,
rule, regulation or order issued pursuant thereto.
</p><p>(d) A record from this system of records may be disclosed to a Federal, State, or local agency
maintaining civil, criminal or other relevant information if necessary to obtain information
relevant to Parole Commission matters.
</p><p>(e) A record from this system may be disclosed to a Federal agency, in response to its request,
in connection with the hiring or retention of an employee, the issuance of a security clearance, the
reporting of an investigation of an employee, the letting of a contract, or the issuance of a
license, grant or other benefit by the requesting agency, to the extent that information is relevant
and necessary to the requesting agency’s decision on the matter.
</p><p>Release of Information to the News Media:
</p><p>Information permitted to be released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the U.S. Parole Commission 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><p>Release of Information to Members of Congress:
</p><p>Information contained in the systems of records maintained by the U.S. Parole Commission not
otherwise required to be released pursuant to 5 U.S.C. 552, may be made available 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 in response to a communication from the individual who is the subject of the
record.
</p><p>Release of information to the National Archives and Records Administration (NARA) and to the
General Services Administration (GSA):
</p><p>A record may be disclosed as a routine use to the NARA and GSA in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Paper input forms are stored in folders only until information from them is entered into
machine readable media. Monthly and other reports in the form of computer printouts are filed in
folders. Annual report is in book form and stored in library shelves.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Data in this system can be retrieved by inmate’s name and register number from the original
input forms, and computer-produced storage media. It is usually only retrieved by region, by
examiner, by type of decision made or hearing held, by relation to the guidelines and other similar
means except for individual case retrievability when infrequently required.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Data on forms, tape or other computer produced storage media retrievable by individual is
stored in the Commission’s Office in cabinets. Commission employees supervise this data by day and
use it on a "need to know"  basis. The rooms where it is stored are locked outside of office hours
and the entire Headquarters building is locked at certain times with card key access. Monthly and
other reports are for use of the Chairman, the Executive Officer and Commission Members and
professional personnel. No information thereon is retrievable as pertaining to any individual except
certain breakouts by Parole Commission employee examiners and by inmate in the guideline section of
reports. These printouts are stored in the Commission Headquarters offices, all of which are
supervised by day, and locked at night. The Annual Report contains no information identifiable by
individual and is a public document.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>The master file and documentation are to be retained permanently. All other related records,
including reports and software, are to be destroyed when no longer needed for administrative use.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Research and Program Development, 5550 Friendship Blvd., Chevy Chase, MD 20815.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>(a) Commission inmates files; (b) Docket sheets; (c) Commission notices of action, orders,
and documentation following hearings; (d) Commission warrant applications and warrants; (e) General
Commission records and data.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3) and (4), (d), (e)(2)
and (3), (e)(4) (G) and (H), (e)(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 <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/OSC-001</systemNumber>
<subsection type="systemName">Central Index File and Associated Records, JUSTICE/OSC-001.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice, Special Counsel for Immigration Related Unfair Employment
Practices (OSC), 1100 Connecticut Avenue, NW, Washington, DC 20036 and Federal Records Center,
Suitland, Maryland 20409.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>These persons may include: Subjects of investigations, victims, potential witnesses and
representatives on behalf of individuals and other correspondents on subjects directed or referred
to OSC in potential or actual cases and matters of concern to OSC.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system consists of (1) alphabetical indices bearing names of the individuals identified
above and (2) the associated record to which the indices relate containing the general and
particular records of all OSC correspondence, cases, matters, and memoranda, including but not
limited to investigative reports, correspondence to and from OSC, internal memoranda legal papers,
evidentiary materials and exhibits.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>44 U.S.C. 3101; 8 U.S.C. 1324b; and 29 CFR part 44.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>This system has been established to maintain investigatory and law enforcement records
concerning charges filed with OSC by or on behalf of individuals alleging immigration-related
employment discrimination. The system also contains charges filed with other law enforcement
entities that have been referred to OSC pursuant to section 102 of the Immigration Reform and
Control Act of 1986 (8 U.S.C. 1324b) to provide relief for injured parties and to enforce
prohibition of immigration-related, unfair employment practices.
</p><p>Employees and officials of the Department may access the system to make decisions in the course
of investigations and legal proceedings; to assist in preparing responses to correspondence from
persons outside the Department; to prepare budget requests and various reports on the work product
of OSC; and to carry out any other authorized internal duties.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>(1) A record relating to a possible or potential violation of law may be disseminated to the
appropriate Federal, State or local agency charged with the responsibility to enforce or implement
such law; (2) in the course of an investigation or litigation of a case or matter, a record may be
disseminated to a Federal, State or local agency, or to an individual organization, if there is
reason to believe that such agency, individual or organization possesses information or has the
expertise in an official or technical capacity to analyze information relating to the investigation,
trail or hearing and the dissemination is reasonably necessary to elicit such information or expert
analysis or to obtain the cooperation of a prospective witness or informant; (3) a record relating
to a case or matter, or any facts derived therefrom, may be disseminated in a proceeding before a
court or adjudicative body before which OSC is authorized to appear, when the United States, or any
agency or subdivision thereof, is a part of litigation or has an interest in litigation and such
records are determined by OSC to be arguably relevant to the litigation; (4) a record relating to a
case or matter may be disseminated to an actual or potential party of litigation or the party’s
attorney (a) to negotiate or discusss such matters as settlement of the case or matter or (b) to
conduct a formal or informal discovery proceeding; (5) a record relating to a case or matter that
has been referred to OSC for investigation may be disseminated by OSC to referring agencies to
notify such agency of the status of the case or matter or of any determination that has been made;
(6) a record may be disseminated to the United States Commission on Civil Rights in response to its
request and pursuant to 42 U.S.C. 1975d; (7) information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available 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; (8) information in the system may be disclosed as is necessary to
respond to inquiries by Members of Congress on behalf of individual constituents that are subjects
of OSC rcords; and (9) records may be disclosed to the National Archives and Records Administration
and to the General Services Administration in records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information in this system is indexed, and stored in file jackets and on computer disks or
tapes.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Entries are arranged alphabetically and are retrieved from the computer by names of the
individuals covered by this system of records. Information may also be retrieved from file jackets
by an assigned number appearing in the manual index.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information in manual and computer form is safeguarded and protected in accordance with
applicable Department security regulations for systems of records. Only those employees with the
need to know in order to perform their duties will be able to access the information. Access to
records in the computer system is restricted through use of password encryption: Access to both the
manual and computer system is restricted by locks on storage facilities.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained in the system while current and required for official Government use.
When no longer needed on an active basis, the paper files are transferred to the Federal Records
Center, Suitland, Maryland, and some records are transferred to computer tape and stored in
accordance with Departmental security regulations for systems of records. A request for Records
Disposition Authority is pending approval of the National Archives and Records Administration.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Special Counsel for Immigration Related Unfair Employment Practices, U.S. Department of
Justice, Post Office Box 65490, NW, Washington, DC 20035.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Part of this system is exempted from this requirement under 5 U.S.C. 552a(k)(2). To the
extent that this system of records is not subject to exemption it is subject to access and contest.
A determination as to exemption shall be made at the time a request for access is received. A
request for access shall be made in writing, with an envelope and letter clearly marked "Privacy
Access Request."  Include in the request the full name of the individual, his or her current
address, date and place of birth, notarized signature (28 CFR 16.41(b)), the subject of the case or
matter as described under "categories of records in the system,"  and any other information which is
known and may be of assistance in locating the records, such as the name of the immigration-related
employment discrimination case or matter involved, where and when the discrimination occurred, and
the name of the judicial district involved. The requester will also provide a return address for
transmitting the information. Access request should be directed to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information should direct their request to the
System Manager listed above, stating clearly and concisely what information is being contested, the
reasons for contesting it, and the proposed amendment to the information.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system include the individual covered by the system
and may include any agency or person who has provided (or has offered to provide) information
related to the law enforcement responsibilities of OSC.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted parts of this system from subsections (c)(3) and (d) of
the Privacy Act pursuant to 5 U.S.C. 552a(k)(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 <i>Federal
Register</i>.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/OSC-003</systemNumber>
<subsection type="systemName">Special Counsel for Immigration Related Unfair Employment Practices
Travel Reports, JUSTICE/OSC-003.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice, Special Counsel for Immigration Related Unfair Employment
Practices (OSC), 1100 Connecticut Avenue, NW, Washington, DC 20036.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>All persons who have filed travel authorization forms or travel voucher forms for official
travel on behalf of OSC.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system contains information concerning travel expenditures recorded on travel
authorization forms (DOJ-501) and travel voucher forms (SF-1012) by OSC employees or
other persons authorized to travel for OSC and submitted to the Executive Office of OSC.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>44 U.S.C. 3101; 8 U.S.C. 1324b; and 28 CFR part 44.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>This system enables OSC to ensure authorized travel, account for its travel expenditures,
and manage the appropriated funds therefor. It also permits OSC to maintain account balances and
properly reimburse those who travel on behalf of OSC.
</p><p>Department employees may access the system to make reports to the Executive Office, OSC, for its
use in reviewing and controlling OSC expenditures. Employees may also access the system to process
travel authorizations and reimbursements for travel.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>(1) A record relating to a case or matter, or any facts derived therefrom, may be
disseminated in a proceeding before a court or adjudicative body before which OSC is authorized to
appear, when the United States, or any agency or subdivision thereof, is a party to litigation or
has an interest in litigation and such records are determined by OSC to be arguably relevant to the
litigation; (2) a record relating to a case or matter may be disseminated to an actual or potential
party to litigation or the party’s attorney (a) to negotiate or discuss such matters as settlement
of the case or matter or (b) to conduct a formal or informal discovery proceeding; (3) information
permitted to be released to the news media and the public pursuant to 28 CFR 50.2 may be made
available 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; (4) information may be
disclosed as is necessary to respond to inquiries by Members of Congress on behalf of individual
constituents that are subjects of OSC records; and (5) records may be disclosed to the National
Archives and Records Administration and to the General Services Administration in records management
inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Travel data are stored on computer disks. Individual vouchers and travel authorization forms
are stored in file jackets.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by the names of those individuals covered by this system of records.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information in manual and computer form is safeguarded and protected in accordance with
applicable Department security regulations for systems of records. Only those employees with the
need-to-know in order to perform their official duties will be able to access the stored
information. Access to the records in the computer system is restricted by the locks on storage
facilities.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained in the system while current and required for official Government use.
When no longer needed on an active basis, the records are transferred to computer tape and stored in
accordance with Departmental security regulations for systems of records. Final disposition is in
accordance with General Records Schedule 9, items 3, 4 and 5.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Special Counsel for Immigration Related Unfair Employment Practices, U.S. Department of
Justice, Post Office Box 65490 NW, Washington, DC 20035.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Requests for access to records should be directed to the System Manager listed above.
Clearly mark the envelope and letter "Privacy Access Request;"  provide the full name and notarized
signature of the individual who is the subject of the record, his/her date and place of birth, and
any other identifying number or information which may assist in locating the record; and furnish a
return address.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information should direct their request to the
System Manager listed above, stating clearly and concisely what information is being contested, the
reasons for contesting it, and the proposed amendment to the information.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system are OSC employees and other persons
authorized to travel on behalf of OSC and who file travel authorization and travel voucher forms.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/OSCW-001</systemNumber>
<subsection type="systemName">CaseLink Document Database for Office of Special Counsel--Waco.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Unclassified.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of Special Council-Waco, 200 N. Broadway, 15th Floor, St. Louis, Missouri 63102.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals who are referenced in documents collected or created by the Office of Special
Counsel, relating to the investigation of the events occurring in Waco, Texas on April 19, 1993.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system contains documents produced by other federal agencies in response to requests
from this office, court records (such as briefs, motions, transcripts from grand jury testimony, and
orders), inter-agency and intra-agency correspondence, legal research, and other related documents.
These documents include civil investigatory and/or criminal law enforcement information. Finally,
the system includes memoranda of interviews (MOIs) conducted by the OSC.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The system was established and is maintained pursuant to 5 U.S.C. 301, 44 U.S.C. 3101 and 28
U.S.C. 509 and 510.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The purpose of this system is to maintain all documents collected by the Office of Special
Counsel (OSC) as well as all the memoranda of interviews conducted by the OSC during its inquiry
into government conduct relative to certain events occurring in Waco, Texas.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Information contained in the system, including the memoranda of interviews (MOIs), may be
disclosed from this system as follows:
</p><p>(a) To other witnesses when necessary in order to obtain information to further the investigation
of the OSC;
</p><p>(b) To an actual or potential party or his attorney for the purpose of negotiation or discussion
on such matters as settlement of the case or matter, plea bargaining, or informal discovery
proceedings;
</p><p>(c) 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;
</p><p>(d) In the event that a record in this system, either alone or in conjunction with other
information, indicates a violation or potential violation of law--criminal, civil, or
regulatory in nature--the relevant records may be referred to the appropriate federal, state,
local, foreign, or tribal law enforcement authority or other appropriate agency charged with the
responsibility for investigating or prosecuting such violation or charged with enforcing or
implementing such law;
</p><p>(e) In a proceeding before a court or adjudicative body before which the Department of Justice is
authorized to appear when (a) the Department of Justice, or any subdivision thereof, or (b) any
employee of the Department of Justice in his or her official capacity, or (c) any employee of the
Department of Justice in his or her individual capacity where the Department of Justice has agreed
to represent the employee, or (d) the United States, where the Department of Justice determines that
the litigation is likely to affect it or any of its subdivisions, is a party to litigation or has an
interest in litigation and such records are determined by the Department of Justice to be arguably
relevant to the litigation;
</p><p>(f) To the news media and the public pursuant to 28 CFR 50.2 (Department of Justice regulations
setting forth guidelines for disclosure of information to the media) 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><p>(g) To the General Services Administration and National Archives and Records Administration in
records management inspections conducted under the authority of 44 U.S.C. 2904 and 2096; and
</p><p>(h) To contractors, student interns, or other employees of the OSC to the extent necessary to
enable them to perform their assigned duties.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>All information on this system is stored on a dedicated network server in electronic form.
Some material is recorded and stored on other data processing storage forms.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by names or case numbers or other key word or search term.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information in this system is safeguarded in accordance with applicable rules and policies,
including the Department’s automated systems security and access policies. All information on the
system is password protected and requires access to the OSC’s secure internal network. All records
and technical equipment are maintained in a central office with restricted access. The facility is
secured by the Federal Protective Service.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records of the investigation shall be transferred to the National Archives at the conclusion
of the Special Counsel’s work. Administrative and support records shall be disposed of in accordance
with General Records Schedules issued by the National Archives and Records Administration (NARA).
Standard Form 115, Request for Records Disposition Authority, is pending NARA approval.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>John J. Sardar, Assistant Special Counsel, 200 N. Broadway, 15th Floor, St. Louis, Missouri
63102.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to System Manager named above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Requests for access must be in writing and should be addressed to the System Manager named
above. The envelope and letter should be clearly marked "Privacy Act Access Request."  Include in
the request the general subject matter of that document(s), and provide your full name and a
certification of identity and a return address for response purposes. Some information may be exempt
from access provisions as described in the section entitled "Systems Exempted from Certain
Provisions of the Act."  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.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the System Manager 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 may be exempt from contesting record procedures as described in the section
entitled "Systems Exempted from Certain Provisions of the Act."  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.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system include but are not limited to documents
produced by other federal agencies in response to requests from this office; investigative reports;
other non-Department of Justice forensic reports; statements of individuals who may have information
or knowledge surrounding the events occurring in Waco, Texas on April 19, 1993; verbatim transcripts
of deposition and court proceedings including grand jury testimony; public reports; memoranda and
reports from court and other agencies; and the work product of the Office of Special Counsel
attorneys, investigators, and staff.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Privacy Act authorizes an agency to promulgate rules to exempt any system of records (or
part of a system of records) from certain Privacy Act requirements if the system of records is
maintained by an agency which performs as its principal function any activity pertaining to the
enforcement of criminal laws (5 U.S.C. 552a(j)), or is investigatory material compiled for law
enforcement purposes (5 U.S.C. 552a(k)).
</p><p>The Attorney General has exempted this system from the following Privacy Act requirements:
subsections (c)(3) and (4); (d)(1), (2), (3), and (4); (e)(1), (2), (3), (5), and (8); and (g) of
the Privacy Act pursuant to 5 U.S.C. 552a(j) and (k).
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/TAX-001</systemNumber>
<subsection type="systemName">Criminal Tax Case Files, Special Project Files, Docket Cards, and Associated Records.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Not classified.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice, Tax Division, 950 Pennsylvania Avenue, NW., Washington, DC
20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Persons referred to in potential or actual criminal tax cases or investigations and related
matters of concern to the Tax Division under the Internal Revenue laws and related statutes. Since
some information about the progress of employees working on the case is retrieved for management
purposes, they are also covered by this system.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system consists of an index, by individual name, of all criminal tax cases and related
matters assigned, referred, or of interest to the Tax Division. The records in this system include
case files, court records, tax returns, tax return information and documents which contain tax
return information, inter-agency correspondence, intra-agency memoranda, indictments, information,
search warrants, search warrant affidavits, wiretap authorizations, immunity requests, grand jury
information, criminal enforcement and civil investigatory information and reports, docket cards, and
associated records. For pre-1977 cases or related matters, summary information--names of
principals or related parties, case file or management numbers, case type, case weight, attorney
assigned, court numbers, defense counsel and associated information--is maintained on docket
cards. For cases 1977 onwards, information is maintained in an automated case management system.
This automated system also permits Tax Division personnel to record information about the case on a
comment field. A timekeeping function for attorneys, paralegals, and other Division employees
involved in litigation is also part of the automated case management system. Records are maintained
for the purpose of prosecuting (including investigations leading to prosecutions) or otherwise
resolving criminal cases or matters under the jurisdiction of the Tax Division.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintained pursuant to 5 U.S.C. 301, 44 U.S.C. 3101, and 28
CFR 0.70 and 0.71.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>Information is maintained in docket cards and in electronic format on each Tax Division
(Division) criminal case and related matter to identify and assign mail to the proper office within
the Division and the attorneys therein assigned to the case; to relate incoming material to an
existing case; to establish a file and case management numbers; and to provide a central index of
cases within the Division and to facilitate the flow of legal work in the Division. The Division’s
automated case management system enhances these uses and enables data management specialists,
managers, and Division personnel to locate information about the status of pending or terminated
criminal matters and litigation; to identify assigned staff; to track the status of litigation; to
prepare reports including budget requests; and to track the number of hours Division personnel
worked on various matters.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Tax returns and return information may be disclosed only as provided in 26 U.S.C. 6103.
Grand jury information may be disclosed only as provided by Rule 6(e) of the Federal Rules of
Criminal Procedure.
</p><p>Other records relating to a case or matter maintained in this system of records may be
disseminated as a routine use, as follows:
</p><p>(1) Where a record, either on its face or in conjunction with other information, indicates a
violation or potential violation of law--criminal, civil, or regulatory in nature--the
relevant records may be referred to the appropriate Federal, state, local, foreign, or tribal, law
enforcement authority or other appropriate agency charged with the responsibility of investigating
or prosecuting such a violation or enforcing or implementing such law.
</p><p>(2) In an appropriate proceeding before a court, 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.
</p><p>(3) To an actual or potential party to litigation or the party’s authorized representative for
the purpose of negotiation or discussion of such matters as settlement, plea bargaining, or in
informal discovery proceedings.
</p><p>(4) 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.
</p><p>(5) To Federal, state, local, tribal, foreign, or international licensing agencies or
associations which require information concerning the suitability or eligibility of an individual
for a license or permit.
</p><p>(6) To the National Archives and Records Administration (NARA) for purposes of records management
inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>(7) To the news media and the public pursuant to 28 CFR 50.2 unless it is determined that the
release of the specific information in the context of a particular case would constitute an
unwarranted invasion of personal privacy.
</p><p>(8) 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.
</p><p>(9) 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.
</p><p>(10) The Department of Justice may disclose relevant and necessary information 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.
</p><p>(11) Information relating to health care fraud may be disclosed to private health plans, or
associations of private health plans, and health insurers, or associations of health insurers, for
the following purposes: To promote the coordination of efforts to prevent, detect, investigate, and
prosecute health care fraud; to assist efforts by victims of health care fraud to obtain
restitution; to enable private health plans to participate in local, regional, and national health
care fraud task force activities; and to assist tribunals having jurisdiction over claims against
private health plans.
</p><p>(12) In the course of investigating the potential or actual violation of any law whether civil,
criminal, or regulatory in nature, or during the course of a trial or hearing or the preparation for
a trial or hearing for such violation, a record may be disseminated to a Federal, state, local or
foreign agency, or to an individual or organization, if there is reason to believe that such agency,
individual, or organization possesses information relating to the investigation, trial, or hearing
and the dissemination is reasonably necessary to elicit such information or to obtain the
cooperation of a witness or an informant.
</p><p>(13) To the referring agency to notify such agency of the status of the case or matter or of any
decision or determination that has been made.
</p><p>(14) In any health care-related civil or criminal case, investigation, or matter, information
indicating patient harm, neglect, or abuse, or poor or inadequate quality of care, at a health care
facility or by a health care provider, may be disclosed as a routine use to any federal, state,
local, tribal, foreign, joint, international or private entity that is responsible for regulating,
licensing, registering, or accrediting any health care provider or health care facility, or
enforcing any health care-related laws or regulations. Further, information indicating an ongoing
problem by a health care provider or at a health care facility may be disclosed to the appropriate
health plan. Additionally, unless otherwise prohibited by applicable law, information indicating
patient harm, neglect, abuse or poor or inadequate quality of care may be disclosed to the affected
patient or the patient’s representative or guardian at the discretion of and in the manner
determined by the agency in possession of the information.
</p><p>(15) To representatives of the Internal Revenue Service who are conducting tax records safeguard
reviews pursuant to 26 U.S.C. 6103(p)(4).
</p><p>(16) To the United States Department of State, to the extent necessary to assist in apprehending
and/or returning a fugitive to a jurisdiction which seeks the fugitive’s return.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Only as stated in the above routine uses.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Unless otherwise noted herein, all information is recorded on paper material and on docket
cards. Paper materials are stored within file jackets and metal file cabinets; docket cards, within
boxes or card drawers. Summary information, as described above, is maintained in electronic format
and stored on data processing-type storage medium or on magnetic tape.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved primarily by name of person, case or file numbers, employee name,
employee number, or court district.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information is safeguarded in accordance with 26 U.S.C. 6103(p) and the Tax Division is
subject to periodic inspections by the Internal Revenue Service to ensure that adequate safeguards
which satisfy the requirements of that section are in place. Information in this system is
safeguarded in accordance with applicable laws, rules, and policies, including the Department’s
automated systems security and access policies. The required use of password protection
identification features and other system protection methods also restrict access. Access is limited
to those officers and employees of the agency who have an official need for access in order to
perform their duties. Buildings in which the records are located are under security guard, and
access to premises is by official identification. The various sections in the Division have locked
entry doors which may only be entered with an encrypted card key. Records are stored in spaces and
filing cabinets which are locked outside normal business hours. Training is provided for new
Division personnel regarding the need for confidentiality of records, particularly tax returns and
return information. A password is required to access the automated case management system and
passwords are changed every 90 days.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Tax records not retained are returned to the Internal Revenue Service. Records in closed
files are sent to the Federal Records Center where they are destroyed after fifteen (15) years
unless they are determined to have historical significance under the NARA criteria. Records having
historical significance are retained permanently. Summary information in electronic format is
retained permanently. Closed records designated permanent are retired at the Records Center, where
they will remain until the statutory access restrictions of 26 U.S.C. 6103 are resolved.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Attorney General; Tax Division; U.S. Department of Justice; 950 Pennsylvania
Avenue, NW., Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An inquiry concerning this system should be directed to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Major portions of this system are exempt from disclosure and contest by 5 U.S.C. 552a(j)(2).
To the extent that this system of records is not subject to exemption, it is subject to access and
contest. A determination as to the applicability of an exemption as to a specific record must be
made at the time a request for access is received. A request for access to a record contained in
this system must be made in writing, with the envelope and the letter clearly marked ‘Privacy
Access Request.’ Include in the request the System name, the name of the individual involved,
the individual’s birth date and place, or any other identifying number which may be of assistance in
locating the record, the name of the case or matter involved, if known, the name of the judicial
district involved, if known, and any other information which may be of assistance in locating the
record. You will also provide a return address for transmitting the information. Access requests
will be directed to the System Manager listed above. You must sign the request; and, to verify it,
the signature must be notarized or submitted under 28 U.S.C. 1746, a law that permits statements to
be made under penalty of perjury and dated as a substitute for notarization. You may submit any
other identifying data you wish to furnish to assist in making a proper search of the system.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>A major part of the information maintained in this system is exempt from this requirement
under 5 U.S.C. 552a(j)(2). Title 28 U.S.C. 7852(e) prohibits Privacy Act amendment of tax records.
Individuals desiring to contest or amend information maintained in the system should direct their
request to the System Manager listed above, stating clearly and concisely what information is being
contested, the reasons for contesting it, and the proposed amendment to the information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Internal Revenue Service, Department offices and employees, and other Federal, state, local,
and foreign law enforcement and non-law enforcement agencies, private persons, witnesses, and
informants.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>The Attorney General has exempted this system from subsection (c)(3), (c)(4), (d)(1), (d)
(2), (d)(3), (d)(4), (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(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 <i>
Federal Register</i> and are codified at 28 CFR 16.93(a) and (b).
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/TAX-002</systemNumber>
<subsection type="systemName">Tax Division Civil Tax Case Files, Docket Cards, and Associated Records.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Not classified.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice; Tax Division; 950 Pennsylvania Avenue, NW., Washington, DC
20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Persons referred to in potential or actual civil tax cases and related matters under the
jurisdiction or of concern to the Tax Division under Internal Revenue laws and related statutes.
Since some information about the progress of employees working on the case is retrieved for
management purposes, they are also covered by this system.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records in this system pertain to a broad variety of litigation under the jurisdiction of
the Tax Division. They include case files which were created or received by the Tax Division in
connection with a particular case. These case files contain all pleadings, motions, briefs,
transcripts and exhibits, all other papers filed with a court or issued by the Court, correspondence
relating to the case, tax returns, tax return information, and documents which contain tax return
information, inter-agency memoranda, intra-agency memoranda, assignment sheets, investigative
reports and associated records. For pre-1977 cases, summary information is maintained on docket
cards on which is recorded the names of principals or related parties, case file or management
numbers, case type, case weight, attorney assigned, court numbers, opposing counsel and associated
information. For cases beginning in 1977, information is maintained in an automated case management
system. This automated system also permits Tax Division personnel to record information about the
case on a comment field. Also part of the automated case management system is a timekeeping function
for attorneys, paralegals, and other Tax Division employees involved in litigation.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintained pursuant to 5 U.S.C. 301, 44 U.S.C. 3101, and 28
CFR 0.70 and 0.71.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>Information is maintained in docket cards and in electronic format on each Tax Division
(Division) civil case: (a) To identify and assign mail to the proper office within the Division and
the attorneys therein assigned to the case; (b) to relate incoming material to an existing case; (c)
to establish a file and case management numbers; and (d) to provide a central index of cases within
the Division and to facilitate the flow of legal work in the Division. The Division’s automated case
management system enhances these uses and enables data management specialists, managers, and
Division personnel: (a) To locate information about the status of pending or terminated civil
matters and litigation; (b) to identify assigned staff; (c) to track the status of litigation; (d)
to prepare reports including budget requests; and (e) to track the number of hours Division
personnel worked on various matters.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Tax returns and return information may be disclosed only as provided in 26 U.S.C. 6103.
</p><p>Other records related to a case or matter maintained in this system of records may be
disseminated as follows:
</p><p>(1) Where a record, either on its face or in conjunction with other information, indicates a
violation or potential violation of law--criminal, civil, or regulatory in nature--the
relevant records may be referred to the appropriate Federal, state, local, foreign, or tribal, law
enforcement authority or other appropriate agency charged with the responsibility of investigating
or prosecuting such a violation or enforcing or implementing such law.
</p><p>(2) In an appropriate proceeding before a court, 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.
</p><p>(3) To an actual or potential party to litigation or the party’s authorized representative for
the purpose of negotiation or discussion of such matters as settlement or in informal discovery
proceedings.
</p><p>(4) 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.
</p><p>(5) To Federal, state, local, tribal, foreign, or international licensing agencies or
associations which require information concerning the suitability or eligibility of an individual
for a license or permit.
</p><p>(6) To the National Archives and Records Administration (NARA) for purposes of records management
inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>(7) 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.
</p><p>(8) 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.
</p><p>(9) 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.
</p><p>(10) The Department of Justice may disclose relevant and necessary information 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.
</p><p>(11) Information relating to health care fraud may be disclosed to private health plans, or
associations of private health plans, and health insurers, or associations of health insurers, for
the following purposes: To promote the coordination of efforts to prevent, detect, investigate, and
prosecute health care fraud; to assist efforts by victims of health care fraud to obtain
restitution; to enable private health plans to participate in local, regional, and national health
care fraud task force activities; and to assist tribunals having jurisdiction over claims against
private health plans.
</p><p>(12) In the course of investigating the potential or actual violation of any law whether civil,
criminal, or regulatory in nature, or during the course of a trial or hearing or the preparation for
a trial or hearing for such violation, a record may be disseminated to a Federal, state, local or
foreign agency, or to an individual or organization if there is reason to believe that such agency,
individual, or organization possesses information relating to the investigation, trial or hearing
and the dissemination is reasonably necessary to elicit such information or to obtain the
cooperation of a witness or an informant.
</p><p>(13) A record relating to a case or matter that has been referred to the Tax Division may be
disseminated to the referring agency to notify such agency of the status of the case or matter or of
any decision or determination that has been made.
</p><p>(14) In any health care-related civil or criminal case, investigation, or matter, information
indicating patient harm, neglect, or abuse, or poor or inadequate quality of care, at a health care
facility or by a health care provider, may be disclosed as a routine use to any Federal, state,
local, tribal, foreign, international or private entity that is responsible for regulating,
licensing, registering, or accrediting any health care provider or health care facility, or
enforcing any health care-related laws or regulations. Further, information indicating an ongoing
problem by a health care provider or at a health care facility may be disclosed to the appropriate
health plan. Additionally, unless otherwise prohibited by applicable law, information indicating
patient harm, neglect, abuse or poor or inadequate quality of care may be disclosed to the affected
patient or the patient’s representative or guardian at the discretion of and in the manner
determined by the agency in possession of the information.
</p><p>(15) To representatives of the Internal Revenue Service (IRS) who are conducting tax records
safeguard reviews pursuant to 26 U.S.C. 6103(p)(4).
</p><p>(16) To the United States Department of State, to the extent necessary to assist in apprehending
and/or returning a fugitive to a jurisdiction which seeks the fugitive’s return.
</p><p>(17) In the case of records relating to an individual who owes an overdue debt to the United
States to: (a) A Federal agency which employs the individual to enable the employing agency to
offset the individual’s salary; (b) a Federal, state, local or foreign agency, an organization,
including a consumer reporting agency, or individual to elicit information to assist the Division in
the collection of the overdue debt; (c) a collection agency or private counsel to enable them to
collect the overdue debt; and/or (d) the IRS to enable that agency to offset the individual’s tax
refund.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Only as stated in above routine uses.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Unless otherwise noted herein, all information is recorded on paper material. Paper
materials are stored within file jackets and metal file cabinets; docket cards, within boxes or card
drawers. Summary information, as described above, is maintained in electronic format and stored on
data processing-type storage medium or on magnetic tape and docket cards.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved primarily by name of person, case or file numbers, employee name,
employee number, or court district.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information is safeguarded in accordance with 26 U.S.C. 6103(p) and the Tax Division is
subject to periodic inspections by the IRS to ensure that adequate safeguards which satisfy the
requirements of that section are in place. Information in this system is safeguarded in accordance
with applicable laws, rules, and policies, including the Department’s automated systems security and
access policies. The required use of password protection identification features and other system
protection methods also restrict access. Access is limited to those officers and employees of the
agency who have an official need for access in order to perform their duties. Buildings in which the
records are located are under security guard, and access to premises is by official identification.
The various sections in the Division have locked entry doors which may only be entered with an
encrypted card key. Records are stored in spaces and filing cabinets which are locked outside normal
business hours. Training is provided for new Division personnel regarding the need for
confidentiality of records, particularly tax returns and return information. A password is required
to access the automated case management system and passwords are changed every 90 days.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Tax records not retained are sent to the Internal Revenue Service. Records in closed files
are sent to the Federal Records Center where they are destroyed after fifteen (15) years unless they
are determined to have historical significance under the NARA criteria. Records of historical
significance are retained permanently. Summary information in electronic format is retained
permanently. Closed records designated permanent are retired at the Records Center, where they will
remain until the statutory access restrictions of 26 U.S.C. 6103 are resolved.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Attorney General, Tax Division, U.S. Department of Justice, 950 Pennsylvania
Avenue, NW., Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An inquiry concerning this system should be directed to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>To the extent that this system of records is not subject to exemption, it is subject to
access and contest. A determination as to the applicability of an exemption to a specific record
must be made at the time a request for access is received. A request for access to a record
contained in this system must be made in writing, with the envelope and the letter clearly marked
‘Privacy Access Request’. Include in the request the System name, the name of the
individual involved, the individual’s birth date and place, or any other identifying number which
may be of assistance in locating the record, the name of the case or matter involved, if known, the
name of the judicial district involved, if known, and any other information which may be of
assistance in locating the record. You will also provide a return address for transmitting the
information. Access requests will be directed to the System Manager listed above. You must sign the
request; and, to verify it, the signature must be notarized or submitted under 28 U.S.C. 1746, a law
that permits statements to be made under penalty of perjury and dated as a substitute for
notarization. You may submit any other identifying data you wish to furnish to assist in making a
proper search of the system.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>A major part of the information maintained in this system is exempt from this requirement
under 5 U.S.C. 552a(k)(2). Title 28 U.S.C. 7852(e) prohibits Privacy Act amendment of tax records.
Individuals desiring to contest or amend information maintained in the system should direct their
request to the System Manager listed above, stating clearly and concisely what information is being
contested, the reasons for contesting it, and the proposed amendment to the information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Internal Revenue Service, Department offices and employees, and other Federal, state, local,
and foreign law enforcement and non-law enforcement agencies, private persons, witnesses, and
informants.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3), (d)(1), (d)(2), (d)
(3), and (d)(4), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f) of the Privacy Act pursuant to 5
U.S.C. 552a(k)(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 <i>Federal Register</i> and codified at 28 CFR
16.93 (c) and (d).
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/TAX-003</systemNumber>
<subsection type="systemName">Files of Applications for Attorney and Non-Attorney Positions with the Tax Division.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Not classified.</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Justice; Tax Division; 950 Pennsylvania Avenue, NW., Washington, DC
20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Applicants who have applied for a position as an attorney or for non-attorney positions with
the Tax Division.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The records in this system include resumes, employment applications, referral
correspondence, grade transcripts, letters of recommendation, interview notes, internal notes,
memoranda and evaluations, information received from references and individuals contacted in
connection with the application, and related personnel forms and correspondence. Some information is
maintained in electronic format. Summary information (names of applicants, social security numbers,
dates documents received, type of documents received, where interviewed, personal data,
dispositions, and type of response sent) is maintained in an electronic database.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintained pursuant to 5 U.S.C. 301, 44 U.S.C. 3101, and 28
CFR 0.70 and 0.71.
</p><p>Purpose:</p>
<p>This system is used by employees and officials of the Division and the Justice Department in
making employment decisions including making information known to references supplied by applicant
and other persons contacted to verify information supplied or to obtain additional information.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Records related to a case or matter maintained in this system of records may be disseminated
as follows:
</p><p>(1) 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.
</p><p>(2) To the National Archives and Records Administration (NARA) for purposes of records management
inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>(3) 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.
</p><p>(4) 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.
</p><p>(5) Where a record, either on its face or in conjunction with other information, indicates a
violation or potential violation of law--criminal, civil, or regulatory in nature--the
relevant records may be referred to the appropriate Federal, state, local, foreign, or tribal, law
enforcement authority or other appropriate agency charged with the responsibility of investigating
or prosecuting such a violation or enforcing or implementing such law.
</p><p>(6) To Federal, state, local, tribal, foreign, or international licensing agencies or
associations which require information concerning the suitability or eligibility of an individual
for a license or permit.
</p><p>(7) In an appropriate proceeding before a court, 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.
</p><p>(8) 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.
</p><p>(9) The Department of Justice may disclose relevant and necessary information 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.
</p><p>(10) Information may be disclosed to the Office of Personnel Management which conducts audits of
these records.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Unless otherwise noted herein, all information is recorded on paper material. Paper
materials are stored within file jackets and metal file cabinets. Summary information, as described
above, is maintained in electronic format and stored on data processing-type storage medium or on
magnetic tape.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by using the name of the applicant.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information in this system is safeguarded in accordance with applicable laws, rules, and
policies, including the Department’s automated systems security and access policies. The required
use of password protection identification features and other system protection methods also restrict
access. Access is limited to those officers and employees of the agency who have an official need
for access in order to perform their duties. Buildings in which the records are located are under
security guard, and access to premises is by official identification. The Personnel Office in the
Division is in a space which has locked key entry doors which may only be entered with an encrypted
card key. A password is required to access an electronic database and passwords are changed every 90
days.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Information in the applicant files is retained until after a decision is made as to the
employment of the applicant, usually for one year and, for some files, up to two years after the
decision.
</p><p>Summary information in electronic format is retained permanently. Closed records designated
permanent are retired at the Records Center, where they will remain until the statutory access
restrictions of 26 U.S.C. 6103 are resolved.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Attorney General; Tax Division; U.S. Department of Justice; 950 Pennsylvania
Avenue, NW., Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An inquiry concerning this system should be directed to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to a record contained in this system must be made in writing, with the
envelope and the letter clearly marked ‘Privacy Access Request’. Include in the request
the name of the individual involved, the individual’s birth date and place, or any other identifying
number which may be of assistance in locating the record, as well as the position applied for. The
requester will also provide a return address for transmitting the information. Access requests will
be directed to the System Manager listed above. Some information may be exempt from access
provisions as described in the section entitled "Exemptions Claimed for the System."  A
determination whether a record may be accessed will be made at the time a request is received.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the System Manager listed above, stating clearly and concisely which information is
being contested, the reasons for contesting it, and the proposed amendment to the information
sought. Some information may be exempt from contesting records, records procedures, or both, as
described in the section entitled "Exemptions Claimed for the System."  A determination whether a
record, a record procedure(s), or both, may be contested will be made at the time a request is
received.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Generally, sources of information contained in the system are the individual applicants,
persons referring or recommending the applicant, and employees and officials of the Division and the
Department.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>The Attorney General is exempting this system from 5 U.S.C. 552a subsections (c)(3) and (d)
(1), pursuant to 5 U.S.C. 552a(k)(5). The final rule claiming these exemptions is published in
today’s <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/USA-001</systemNumber>
<subsection type="systemName"> Administrative File.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Ninety-four United States Attorneys’ Office (See appendix identified as JUSTICE/USA-
999); Executive Office for United States Attorneys, U.S. Department of Justice, 10th &amp;
Constitution Avenue NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>(a) Office Personnel (present and past); (b) Expert professionals whose services are used by
the office: (c) Applicants for office positions; (d) Witnesses in Court proceedings; (e) Prisoners-
In-Custody; (f) Defendants; (g) Debtors; (h) Vendors; (i) Citizens making inquiries; (j) Members of
local and State Bar Associations.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>(a) Personnel Files (official/unofficial); (b) Applicant Files; (c) Employee Record cards
(SF-7B); (d) Office Rosters; (e) Tickler File System for Promotions; (f) Personnel Address and
Telephone Number Lists; (g) Sign In/Out Sheets; (h) Time and Attendance Records (OMF-44); (i)
Wage Earnings Statement (DOJ-296); (j) Travel Authorizations and Vouchers (OBD-1 and SF
-1012); (k) Advice of Obligations incurred (DJ-60); (l) Telephone Records and Logs; (m)
Fiscal Vouchers; (n) Witness Records (LAA-3); (o) Lists of Records at Federal Records Center;
(p) In-House Statistical Reports; (q) Internal Meetings Records; (r) Equal Employment Opportunity
(EEO) Records; (s) Employees: Organizations and Unions Records; (t) Federal Woman’s Program Records;
(u) Address and Telephone Indexes; (v) Lists of State and Local Bar Members; (w) Lists of Expert
Professionals; (x) Requests for Expert Witnesses; (y) Telephone Files; (z) Correspondence Files; and
(aa) Assistant United States Attorneys’ Skills Inventory.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>These systems are established and maintained pursuant to 5 U.S.C. 301 and 44 U.S.C. 3101.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>A record maintained in this system of records may be disseminated as a routine use of such
record as follows:
</p><p>(a) In any case in which there is an indication of a violation or potential violation of law or
legal obligation, criminal, civil, or regulatory in nature, the record in question may be
disseminated to the appropriate federal, state, local, or foreign agency charged with the
responsibility for investigating or prosecuting such violation or charged with enforcing or
implementing such law or civil remedy;
</p><p>(b) In the course of investigating the potential or actual violation of any law, criminal, civil,
or regulatory in nature, or during the course of a trial or hearing or the preparation for a trial
or hearing for such violation, a record may be disseminated to a federal, state, local, or foreign
agency, or to an individual or organization, if there is reason to believe that such agency, or to
any individual or organization possesses information relating to the investigation, trial or hearing
and the dissemination is reasonably necessary to elicit such information or to obtain the
cooperation of a witness or an informant;
</p><p>(c) A record relating to a case or matter may be disseminated in an appropriate federal, state,
local, or foreign court or grand jury proceeding in accordance with established constitutional
substantive or procedural law or practice;
</p><p>(d) A record relating to a case or matter may be disseminated to a federal, state, or local
administrative or regulatory proceeding or hearing in accordance with the procedures governing such
proceeding or hearing;
</p><p>(e) A record relating to a case or matter may be disseminated to an actual or potential party or
his attorney for the purpose of negotiation or discussion on such matters as settlement of the case
or matter, plea bargaining, or informal discovery proceedings;
</p><p>(f) A record relating to a case or matter that has been referred by an agency for investigation,
prosecution, or enforcement, or that involves a case or matter within the jurisdiction of an agency,
may be disseminated to such agency to notify the agency of the status of the case or matter or of
any decision or determination that has been made, or to make such other inquiries and reports as are
necessary during the processing of the case or matter;
</p><p>(g) A record relating to a person held in custody pending or during arraignment, trial, sentence,
or extradition proceedings, or after conviction or after extradition proceedings, may be
disseminated to a federal, state, local, or foreign prison, probation, parole, or pardon authority,
or to any other agency or individual concerned with the maintenance, transportation, or release of
such a person:
</p><p>(h) A record relating to a case or matter may be disseminated to a foreign country pursuant to an
international treaty or convention entered into and ratified by the United States or to an executive
agreement;
</p><p>(i) A record may be disseminated to a federal, state, local, foreign, or international law
enforcement agency to assist in the general crime prevention and detection efforts of the recipient
agency or to provide investigative leads to such agency;
</p><p>(j) A record may be disseminated to a federal agency, in response to its request, in connection
with the hiring or retention of an employee, the issuance of a security clearance, the reporting of
an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or
other benefit by the requesting agency, to the extent that the information relates to the requesting
agency’s decision on the matter;
</p><p>(k) A record may be disseminated to the public, news media, trade associations, or organized
groups, when the purpose of the dissemination is educational or informational, such as descriptions
of crime trends or distinctive or unique modus operandi, provided that the record does not contain
any information identifiable to a specific individual other than such modus operandi;
</p><p>(l) A record may be disseminated to a foreign country, through the United States Department of
State or directly to the representative of such country, to the extent necessary to assist such
country apprehending and/or returning a fugitive to a jurisdiction which seeks his return;
</p><p>(m) A record that contains classified national security information and material may be
disseminated to persons who are engaged in historical research projects, or who have previously
occupied policymaking provisions to which they were appointed by the President, in accordance with
the provisions codified in 28 CFR 17.60; and
</p><p>(n) A record may be accessed by volunteer student workers and students working under a college
work-study program, as is necessary to enable them to perform their function.
</p><p>Release of information to the news media:
</p><p>Information permitted to be released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department of Justice 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><p>Release of information to Member of Congress:
</p><p>Information contained in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration:
</p><p>A record from a system of records may be disclosed as a routine use to the National Archives and
Records Administration (NARA) in records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>All information except that specified in this paragraph, is recorded on basic
paper/cardboard material, and stored within manila file folders, within metal file cabinets,
electric file/card retrievers or safes. Some material is recorded and stored on magnetic tape, card
or other data processing type storage matter for reproduction later into conventional formats.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved primarily by name of person, case number, complaint number or court
docket number. Information within this system of records may be accessed by various U.S. Attorney’s
offices and the Executive Office for United States Attorneys by means of catho-ray tube terminals
(CRT’s).
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information in the system is stored in file cabinets in the United States Attorney’s
offices. Some materials are located in locked file drawers and safes, and others in unlocked file
drawers. Offices are locked during non-working hours and are secured by either Federal Protective
Service, United States Postal Service, or private building guards. Information that is retrievable
by CRT’s within various U.S. Attorneys’ offices and the Executive Office for United States Attorneys
requires user identification numbers which are issued to authorized employees of the Department of
Justice.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained and disposed of in accordance with Department of Justice retention
plans.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>System Manager for the system in each office is the Administrative Officer/Assistant, for
the U.S. Attorney for each district (See appendix identified as JUSTICE/USA-999).
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to the System Manager for the judicial district in which the case or
matter is pending (See appendix identified as JUSTICE/USA-999).
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to a record from this system shall be made in writing with the envelope
and the letter clearly marked "Privacy Access Request."  Include in the request the name of the
individual involved, his birth date and place, or any other identifying number or information which
may be of assistance in locating the record and the name of the case or matter involved, if known.
The requester will also provide a return address for transmitting the information. Access requests
will be directed to the System Manager (See appendix identified as JUSTICE/USA-999).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the System manager (See appendix identified as JUSTICE/USA-999) stating
clearly and concisely what information is being contested, the reasons for contesting it, and the
proposed amendment to the information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system include, but are limited to, investigative
reports of federal, state and local law enforcement agencies, client agencies of the Department of
Justice; other non-Department of Justice investigative agencies; forensic reports; statements of
witnesses and parties, data, memoranda and reports from the Courts and agencies thereof; and the
work product of Assistant United States Attorneys, Department of Justice attorneys and
administrative staff of the divisions, offices and bureaus, work product of secretarial and
administrative staff within the U.S. Attorneys office and the Executive Office for U.S. Attorneys,
from general public referral sources or as provided by members of the public who participate, assist
or observe in pending cases or matters, or commercial establishments which provide goods or
services, publications and reports from the Department’s other offices, divisions and bureaus and
internal U.S. Attorney work product.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/USA-002</systemNumber>
<subsection type="systemName"> A U.S.A. Applicant Files.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Executive Office for United States Attorneys, U.S. Department of Justice, 10th &amp;
Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Applicants tentatively selected (by nomination of a U.S. Attorney) for the position of
Assistant U.S. Attorney.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system includes the applicants name, status of Bar membership and dates of receipt,
status and final determination on the appointment of the applicant. The system is arranged
chronologically by date of receipt of file and applicants name.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>These records are kept for administrative convenience pursuant to 5 U.S.C. 301 and 44 U.S.C.
3101.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>All uses are internal within the Department.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice 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><p>Release of information to Members of Congress. Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration: A record from a
system of records may be disclosed as a routine use to the National Archives and Records
Administration (NARA) in records management inspections conducted under the authority of 44 U.S.C.
2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The material is stored within manila file folders, within metal file cabinets.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>The system is indexed by name, arranged alphabetically.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>The correspondence is maintained in a room which is occupied by office personnel during the
day and locked at night.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained and disposed of in accordance with Department retention plans.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Executive Office of United States Attorneys, U.S. Department of Justice, 10th
&amp; Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as the above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to a record from this system shall be made in writing, with the
envelope and the letter clearly marked "Privacy Access Request."  Include in the request the name
and address as included in the original letter, together with the current address if different, the
date of the letter and to whom it was addressed. Requests should be directed to the System Manager
listed above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Any requests for correction should also be directed to the System Manager and should
indicate the exact correction required.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information in this system are the actual letter received, the response and any
transmitted information and enclosures.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/USA-003</systemNumber>
<subsection type="systemName"> Citizen Complaint Files.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Attorney’s Office, Judiciary Center Bldg., 555 4th St. NW, Washington, DC 20001;
Executive Office for United States Attorneys, U.S. Department of Justice, 10th &amp; Constitution
Avenue, NW., Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The individuals on whom records are maintained in this system may be broadly classified in
four categories. (1) Those individuals who have been charged with Federal and D.C. Code violations;
(2) those individuals who are currently under investigation for violations of Federal and D.C. Code;
(3) those individuals about whom complaints have been made on upon whom investigations were
conducted, but no prosecution was initiated; and (4) complainants.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>A file may consist of a single sheet of paper describing briefly the nature of a complaint
and its disposition or it may consist of a more comprehensive file containing the results of a
hearing, depending on the complexity or seriousness of the complaint. If the complaint results in
criminal charges being preferred, the contents of the file are transferred to the appropriate
criminal file system.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 301, 28 U.S.C. 547, 23 D.C. Code 101(c).
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>A record maintained in this system of records may be disseminated as a routine use of such
record as follows:
</p><p>(1) In any case in which there is an indication of a violation or potential violation of law,
whether civil, criminal, or regulatory in nature, the record in question may be disseminated to the
appropriate agency, federal, state, local, or foreign, charged with the responsibility of
investigating or prosecuting such violation or charged with enforcement or implementing such laws;
</p><p>(2) In the course of investigating the potential or actual violation of any law, whether civil,
criminal, or regulatory in nature, or during the course of a trial or hearing or the preparation for
a trial or hearing for such violation, a record may be disseminated to a federal, state, local, or
foreign agency, or to an individual, if there is reason to believe that such agency or individual
possesses information relating to the investigation, trial, or hearing and the dissemination is
reasonably necessary to elicit such information or to obtain the cooperation of a witness or an
informant;
</p><p>(3) Records or extracts thereof relating to case matters or matter may be disseminated to a
defendant or his attorney or to the appropriate federal, state, local or foreign court or grand jury
in accordance with established constitutional, substantive, or procedural law or practice;
</p><p>(4) A record relating to a case or matter may be disseminated to a federal, state, or local
administrative or regulatory proceeding or hearing in accordance with the procedures governing such
proceeding or hearing;
</p><p>(5) A record relating to a case or matter may be disseminated to an actual or potential party or
his attorney for the purpose of negotiation or discussion on such matters as settlement of the case
or matter, plea bargaining, or informal discovery proceedings;
</p><p>(6) A record relating to a case or matter than has been referred for investigation may be
disseminated to the referring agency to notify such agency of the status of the case or matter or of
any decision or determination that has been made;
</p><p>(7) A record relating to a person held arraignment, trial or sentence, or after conviction, may
be disseminated to a federal, state, local, or foreign prison, probation, parole, bail or pardon
authority, or to any agency or individual, concerned with the custody maintenance, transportation,
or release of such person;
</p><p>(8) A record relating to a case or matter may be disseminated to a foreign country pursuant to an
international treaty or convention entered into and ratified by the United States;
</p><p>(9) A record may be disseminated to a federal, state, local, or foreign law enforcement agency to
assist in the general crime prevention and detection efforts of the recipient agency or to provide
investigative leads to such agency;
</p><p>(10) A record may be disseminated to a federal agency, in response to its request, in connection
with the hiring or retention of an employee, the issuance of a security clearance, the reporting of
an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or
other benefit by the requesting agency, to the extent that the information relates to the requesting
agency’s decision on the matter;
</p><p>(11) A record may be accessed by volunteer student workers and students working under a college
work-study program, as is necessary to enable them to perform their function.
</p><p>(12) Release of information to the news media: Information permitted to be released to the news
media and the public pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the Department of Justice 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><p>(13) Release of information to Members of Congress. Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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 and;
</p><p>(14) Release of information to the National Archives and Records Administration (NARA) and the
General Services Administration (GSA): A record from a system of records may be disclosed as a
routine use to NARA and GSA in records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Citizen complaint files are maintained in one of two ways; either on a single sheet which is
a record of the complaint and disposition thereof or in complaints which result in further
proceedings, a file folder would be established. Some material is recorded and stored on magetic
tape, card or other data processing type storage matter for reproduction later into conventinal
formats and for management information purposes.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved either by the name of a complainant, the name of a person about
whom a complaint is registered or by a complaint number. If further proceedings are conducted with
respect to a citizen’s complaint and the complaint materializes into a criminal action, the file
folder will become part of the criminal files and then is retrievable in the same manner as any
criminal file is retrieved. Information may be accessed by means of cathode-ray tube terminals
(CRT’S).
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information contained in the system is unclassified. It is safeguarded and protected by
being maintained in files at the Citzens Complaint Center, and the Legal Services section of the
Executive Office for United States Attorneys, which is manned at all times when it is open and at
other times is locked. More sensitive files that materialize into hearings or require further action
by the Misdemeanor Trial Section of the Superior Court Division, or the Executive Office for United
States Attorneys, are maintained by the Chief of the Misdemanor Trial Section in his office in
Building B of the Superior Court, or the Assistant Director for Legal Services, Executive Office for
United States Attorneys in his safe. Information that is retrievable by CRT’s within various U.S.
Attorneys’ offices and the Executive Office for United States Attorneys require user identification
numbers which are issued to authorized employees of the Department of Justice.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Files are retained and disposed of in accordance with Title 3, U.S. Attorney’s Manual.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Chief, Misdemeanor Trial Section, U.S Attorney’s Office, Superior Court, Operations, 555 4th
St. NW, Washington, DC 20001; Director, Executive Office for United States Attorneys, U.S.
Department of Justice, 10th &amp; Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to the System Manager.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>The major part of these systems are exempt from this requirement under 5 U.S.C. 552a (j)
(2),(k)I1) and/or (k)(2). To the extent that this system is not subject to exemption, it is subject
to access. A determination as to exemption shall be made at the time a request for access is
received. A request for access to a record from this system shall be made in writing, with the
envelope and the letter clearly marked "Privacy Access Request."  Include in the request the general
subject matter of the document or its file number. The requestor will also provide a return address
for transmitting the information. Access requests will be directed to the System Manager listed
above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>The major parts of these systems are exempt from this requirement under 5 U.S.C. 552a (j)
(2),(k)(1) and/or (k)(2). To the extent that this system is not subject to exemption, it is subject
to contest. A determination as to exemption shall be made at the time a request for contest is
received. Individuals desiring to contest or amend information maintained in the system should
direct their request to the System Manager listed above, stating clearly and concisely what
information is being contested, the reasons for contesting it, and the proposed amendment to the
information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system come primarily from citizens walking into
this unit to register complaints. Sources also include but are not limited to investigative reports
of federal, state and local law enforcement agencies, forensic reports, statements of witnesses and
parties, as well as verbatim transcripts for grand jury proceedings and court proceedings, memoranda
and reports from the court and agencies thereof and the work product of Assistant United States
Attorneys and legal assistants working on particular cases.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>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), (g) and (h) of the Privacy Act pursuant to 5
U.S.C. 552a (j)(2) and (k)(1) and (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 <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/USA-005</systemNumber>
<subsection type="systemName">Civil Case Files.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Ninety-four United States Attorneys’ Offices (See Appendix identified as Justice/USA-
999), Executive Office for United States Attorneys, U.S. Department of Justice, 10th and
Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>(a) Individuals being investigated in anticipation of Civil suits; (b) Individuals involved
in Civil suits; (c) Defense Counsel(s); (d) Information sources; (e) Individuals relevant to the
development of Civil suits.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>(a) All Civil Case Files (USA-34); (b) Docket Cards (USA-116); (c) Civil Debtor
Cards--(USA-117b); (d) Civil Case Activity Card (USA-164); (e) Civil Debtor
Activity Card (USA-166); (f) 3 x 5 Index Cards; (g) Caseload Printouts; (h) General
Correspondence re: Civil Cases; (i) Reading Files re: Civil Cases; (j) Information Source File; (k)
Attorney Assignment sheets; (l) Telephone records; (m) Miscellaneous Investigative files; (n) Lands
condemnation files (Appraisal and Negotiator Reports); (o) Tax Case Resource File; (p) Material in
Civil File related to Criminal cases arising out of Civil Proceedings; (q) Search Warrants; (r)
Files unique to District; (s) Civil Miscellaneous Correspondence File.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>These systems are established and maintained pursuant to 5 U.S.C. 301, 28 U.S.C. 547 and 44
U.S.C. 3101.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>Records are maintained for the purpose of litigating or otherwise resolving civil cases or
matters handled by the United States Attorneys or the Executive Office for United States Attorneys.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>A record maintained in this system of records may be disseminated as a routine use of such
record as follows:
</p><p>(a) In any case in which there is an indication of a violation or potential violation of law,
civil, or regulatory in nature, the record in question may be disseminated to the appropriate
Federal, State, local or foreign agency charged with the responsibility of investigating, defending
or pursuing such violation, civil claim or remedy, or charged with enforcing, defending or
implementing such law;
</p><p>(b) In the course of investigating the potential or actual violation or civil liability of any
government action or law, civil, or regulatory in nature or during the course of a trial or hearing
or the preparation for a trial or hearing for such civil action, a record may be disseminated to a
Federal, State, local, or foreign agency, or to an individual or organization, if there is reason to
believe that such agency, individual, or organization possesses information relating to the
investigation or civil action trial, or hearing and the dissemination is reasonably necessary to
elicit such information or to obtain the cooperation of a witness or an agency;
</p><p>(c) A record relating to a case or matter may be disseminated in an appropriate Federal, State,
local, or foreign court or grand jury proceeding in accordance with established constitutional,
substantive, or procedural law or practice;
</p><p>(d) A record relating to a case or matter may be disseminated to a Federal, State, or local
administrative or regulatory proceeding or hearing in accordance with the procedures governing such
proceeding or hearing;
</p><p>(e) A record relating to a case or matter may be disseminated to an actual or potential party or
his attorney for the purpose of negotiation or discussion on such matters as settlement of the case
or matter, or informal discovery proceedings;
</p><p>(f) A record relating to a case or matter that has been referred by an agency for investigation,
civil action, or enforcement, or that involves a case or matter within the jurisdiction of an
agency, may be disseminated to such agency to notify the agency of the status of the case or matter
or of any decision or determination that has been made, or to make such other inquiries and reports
as are necessary during the processing of the case or matter;
</p><p>(g) A record relating to a case or matter may be disseminated to a foreign country pursuant to an
international treaty or convention entered into and ratified by the United States or to an executive
agreement;
</p><p>(h) A record may be disseminated to a Federal, State, local, foreign, or international law
enforcement agency to assist in the general crime prevention and detection efforts of the recipient
agency or to provide investigative leads to such agency or to assist in general civil matters or
cases;
</p><p>(i) A record may be disseminated to a Federal agency, in response to its request, in connection
with the hiring or retention of an employee, the issuance of security clearance as is required, the
reporting of an investigation of an employee, the letting of a contract, or the issuance of a
license, grant, or other benefit by the requesting agency, to the extent that the information
relates to the requesting agency’s decision on the matter;
</p><p>(j) A record may be disseminated to the public, news media, trade associations, or organized
groups, when the purpose of the dissemination is educational or informational, such as descriptions
of types or courses of action or distinctive or unique modus operandi, provided that the record does
not contain any information identifiable to a specific individual other than such modus operandi;
</p><p>(k) A record may be disseminated to a foreign country, through the United States Department of
State or directly to the representative of such country, to the extent necessary to assist such
country in general crime prevention, the pursuit of general civil, regulatory or administrative
civil actions or to provide investigative leads to such country, or assist in the location and/or
returning of witnesses and other evidence;
</p><p>(l) A record that contains classified national security information and material may be
disseminated to persons who are engaged in historical research projects, or who have previously
occupied policy making positions to which they were appointed by the President, in accordance with
the provisions codified in 28 CFR 17.96;
</p><p>(m) A record relating to an actual or potential civil or criminal violation of title 17, United
States Code, may be disseminated to a person injured by such violation to assist him in the
institution or maintenance of a suit brought under such title;
</p><p>(n) A record may be accessed by volunteer student workers and students working under a college
work-study program, as is necessary to enable them to perform their function;
</p><p>(o) A record, or facts derived therefrom, may be disseminated in a proceeding before a court or
adjudicative body before which the United States Attorney’s office or the Executive Office for U.S.
Attorneys is authorized to appear when (i) the United States Attorney’s office or the Executive
Office for U.S. Attorneys, or any subdivision thereof, or (ii). any employee of the United States
Attorney’s office or the Executive Office for U.S. Attorneys in his or her official capacity, or
(iii). any employee of the United States Attorney’s office or the Executive Office for U.S.
Attorneys in his or her individual capacity where the Department of Justice has agreed to represent
the employee, or (iv). the United States, where the United States Attorney’s office or the Executive
Office for U.S. Attorneys determines that the litigation is likely to affect it or any of its
subdivisions, is a party to litigation or has an interest in litigation and such records are
determined by the United States Attorney’s office or the Executive Office for U.S. Attorneys to be
arguably relevant to the litigation;
</p><p>(p) A record, or facts derived therefrom, may be disseminated in a proceeding before a court or
adjudicative body before which the United States Attorney’s Office is authorized to appear, when the
United States, or any agency or subdivision thereof, is a party to litigation or has an interest in
litigation and such records are determined by the United States Attorney’s Office to be arguably
relevant to the litigation;
</p><p>(q) In any health care related civil or criminal case, investigation, or matter, information
indicating patient harm, neglect, or abuse, or poor or inadequate quality of care, at a health care
facility or by a health care provider, may be disclosed as a routine use to any federal, state,
local, tribal, foreign, joint, international or private entity that is responsible for regulating,
licensing, registering, or accrediting any health care provider or health care facility, or
enforcing any health care related laws or regulations. Further, information indicating an ongoing
quality of care problem by a health care provider or at a health care facility may be disclosed to
the appropriate health plan. Additionally, unless otherwise prohibited by applicable law,
information indicating patient harm, abuse or poor or inadequate quality of care may be disclosed to
the affected patient or his or her representative or guardian at the discretion of and in the manner
determined by the agency in possession of the information;
</p><p>(r) Records relating to an individual who owes an overdue debt to the United States may be
disseminated to (1) a Federal agency which employs the individual to enable the employing agency to
offset the individual’s salary, (2) a Federal, State, local or foreign agency, an organization,
including a consumer reporting agency, or individual to elicit information to assist the United
States Attorney in the collection of the overdue debt, (3) a collection agency or private counsel to
enable them to collect the overdue debt, and (4) the Internal Revenue Service (IRS) to enable that
agency to offset the individual’s tax refund. Records provided to the IRS may be used in a computer
matching program to identify individuals who are entitled to refunds against which such offset for
overdue debts would be appropriate;
</p><p>(s) Information permitted to be released to the news media and the public pursuant to 28 CFR 50.2
may be made available 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><p>(t) Information not otherwise required to be released pursuant to 5 U.S.C. 552, may be made
available 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
this record;
</p><p>(u) A record may be disclosed as a routine use to the National Archives and Records
Administration in records management inspections conducted under the authority of 44 U.S.C. 2904 and
2906; and Notice of disclosure under subsection (b)(12) of the Privacy Act: Records relating to
individuals who owe a past-due debt to the United States may be disseminated to consumer reporting
agencies to encourage payment of the past-due debt.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Information relating to health care fraud may be disclosed to private health plans, or
associations of private health plans, and health insurers, or associations of health insurers, for
the following purposes: to promote the coordination of efforts to prevent, detect, investigate, and
prosecute health care fraud; to assist efforts by victims of health care fraud to obtain
restitution; to enable private health plans to participate in local, regional, and national health
care fraud task force activities; and to assist tribunals having jurisdiction over claims against
private health plans.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>All information, except that specified in this paragraph, is recorded on basic
paper/cardboard material, and stored within manila file folders, within metal file cabinets,
electric file/card retrievers or safes. Some material is recorded and stored on magnetic tape, card
or other data processing type storage matter for reproduction later into conventional formats.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved primarily by name of person, case number, complaint number or court
docket number. Information within this system of records may be accessed by various U.S. Attorneys’
offices, and the Executive Office for United States Attorneys by means of cathode-ray tube terminals
(CRT’s).
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information in the system is both confidential and nonconfidential and located in file
cabinets in the United States Attorney offices.
</p><p>Confidential materials are in locked file drawers and safes, and nonconfidential materials are in
unlocked file drawers. Offices are locked during nonworking hours and are secured by either Federal
Protective Service, United States Postal Service, or private building guards. Information that is
retrievable by CRT’s within various U.S. Attorney’s offices and the Executive Office for United
States Attorneys requires user identification numbers which are issued to authorized employees of
the Department of Justice.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are destroyed ten years after case is closed in accordance with approved retention
and disposal schedules.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>System Manager for the system in each office is the Administrative Officer/Assistant, for
the U.S. Attorney for each district. (See appendix.)
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to the System Manager for the judicial district in which the case or
matter is pending. (See appendix.)
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>The major part of the information maintained in this system is exempt from this requirement
under 5 U.S.C. 552a (j)(2), (k)(1) and/or (k)(2). To the extent that this system is not subject to
exemption, it is subject to access. A determination as to examination shall be made at the time a
request for access is received. A request for access to a record from this system shall be made in
writing, with the envelope and the letter clearly marked "Privacy Access Request."  Include in the
request the name of the individual involved, his birth date and place, or any other identifying
number or information which may be of assistance in locating the record and the name of the case or
matter involved, if known. The requestor will also provide his or her notarized signature and a
return address for transmitting the information. Access requests will be directed to the System
Manager. (See appendix.)
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>The major part of the information maintained in this system is exempt from this requirement
under 5 U.S.C. 552a (j)(2), (k)(1) and/or (k)(2). To the extent that this system is not subject to
exemption, it is subject to contest. A determination as to exemption shall be made at the time a
request for contest is received. Individuals desiring to contest or amend information maintained in
the system should direct their request to the System Manager (see appendix) stating clearly and
concisely what information is being contested, the reasons for contesting it, and the proposed
amendment to the information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system include, but are not limited to,
investigative reports of Federal, State, and local law enforcement, civil litigation, regulatory and
administrative agencies; client agencies of the Department of Justice; other non-Department of
Justice investigative agencies: forensic reports; statements of witnesses and parties; verbatim
transcripts of deposition and court proceedings; date, memoranda and reports from the court and
agencies thereof; and the work product of Assistant United States Attorneys, Department of Justice
attorneys and staff, and legal assistants working on particular cases.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>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), and (g) of the Privacy Act pursuant to 5
U.S.C. 552a (j)(2) and (k) (1) and (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 <i>Federal Register</i
>.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/USA-006</systemNumber>
<subsection type="systemName"> Consumer Complaints.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Attorney’s Office, Judiciary Center Bldg., 555 4th St. NW, Washington, DC 20001.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The individuals on whom records are maintained in this system may be broadly classified in
four categories: (1) Those individuals who have been charged with Federal and D.C. Code violations;
(2) Those individuals who are currently under investigation for violations of Federal and D.C. Code;
(3) Those individuals upon whom investigations were conducted, but no prosecution was initiated; and
(4) Complainants.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system contained allegations of consumer fraud by citizens of the District of Columbia
Metropolitan area. It includes names, addresses, and the substance of the complaints.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 301.28 U.S.C. 547.23 D.C. Code 101(c).
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>A record maintained in the system of records may be disseminated as a routing use of such
record as follows:
</p><p>(1) In any case in which there is an indication of a violation or potential violation of law,
whether civil, criminal, or regulatory in nature, the record in question may be disseminated to the
appropriate agency, federal, state, local, or foreign, charged with enforcing or implementing such
law;
</p><p>(2) In the course of investigating the potential or actual violation of any law, whether civil,
criminal, or regulatory in nature, or during the course of a trial or hearing or the preparation for
a trial or hearing for such violation, a record may be disseminated to a federal, state, local, or
foreign agency, or to an individual, if there is reason to believe that such agency or individual
possesses information relating to the investigation, trial, or hearing and the dissemination is
reasonably necessary to elicit such information or to obtain the cooperation of a witness or an
informant;
</p><p>(3) Records of extracts thereof relating to a case or matter may be disseminated to a defendant
or his attorney or to the appropriate federal, state, local, or foreign, court or grand jury in
accordance with established constitutional, substantive, or procedural law or practice;
</p><p>(4) A record relating to a case or matter may be disseminated to a federal, state, or local
administrative or regulatory proceeding or hearing in accordance with the procedures governing such
proceeding or hearing;
</p><p>(5) A record relating to a case or matter may be disseminated to an acutal or potential party or
his attorney for the purpose of negotiation or discussion on such matters as settlement of the case
or matter, plea bargaining, or informal discovery proceedings;
</p><p>(6) A record relating to a case or matter that has been referred for investigation may be
disseminated to the referring agency to notify such agency of the status of the case or matter or of
any decision or determination that has been made;
</p><p>(7) A record relating to person held pending arraignment, trial or sentence, or after conviction,
may be disseminated to a federal, state, local or foreign prison, probation parole, bail or pardon
authority, or to any agency or individual concerned with the custody maintenance, transportation, or
release of such a person;
</p><p>(8) A record relating to a case or matter may be disseminated to a foreign country pursuant to an
international treaty of convention entered into or ratified by the United States;
</p><p>(9) A record may be disseminated to federal, state, local, or foreign law enforcement agency to
assist in the general crime prevention and detection efforts of the recipient agency or to provide
investigative leads to such agency;
</p><p>(10) A record may be disseminated to a federal agency, in response to its request, in connection
with the hiring or retention of an employee, the issuance of a security clearance, the reporting of
an investigation of an employee, the letting of a contract, or the issuance of a license, grant or
other benefit by the requesting agency, to the extent that the information relates to the requesting
agency’s decision on the matter; and
</p><p>(11) A record may be accessed by volunteer student workers and students working under a college
work-study program, as is necessary to enable them to perform their function.
</p><p>(12) Release of information to the news media: Information permitted to be released to the news
media and the public pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the Department of Justice 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><p>(13) Release of information to Members of Congress: Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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 and;
</p><p>(14) Release of information to the National Archives and Records Administration (NARA) and to the
General Services Administration (GSA): A record from a system of records may be disclosed as a
routine use to NARA and GSA in records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Information relating to health care fraud may be disclosed to private health plans, or
associations of private health plans, and health insurers, or associations of health insurers, for
the following purposes: to promote the coordination of efforts to prevent, detect, investigate, and
prosecute health care fraud; to assist efforts by victims of health care fraud to obtain
restitution; to enable private health plans to participate in local, regional, and national health
care fraud task force activities; and to assist tribunals having jurisdiction over claims against
private health plans.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information maintained in this system is stored in the Fraud Section of the U.S. Attorney’s
Office.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved via a cross-index by complainant and potential defendant.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information contained in this system is unclassified. It is protected in accordance with
Departmental rules and is safeguarded in the U.S. Attorney’s Office in the Fraud Section.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>The records are stored for a period of at least the statute of limitations for the offense
charged.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Chief, Fraud Division, U.S. Attorney’s Office, Judiciary Center Bldg., 555 4th Street, NW,
Washington, DC 20001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to the System Manager.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>The major part of the information maintained in this system is exempt from this requirement
under 5 U.S.C. 552a (j)(2), (k)(1) and/or (k)(2). To the extent that this system is not subject to
exemption, it is subject to access. A determination as to exemption shall be made at the time a
request for access is received. A request for access to a record from this system shall be made in
writing, with the envelope and the letter clearly marked "Privacy Access Request."  Include in the
request the general subject matter of the document or its file number. The requestor will also
provide a return address for transmitting the information. Access requests will be directed to the
System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>The major part of the information maintained in this system is exempt from this requirement
under 5 U.S.C. 552a (j)(2), (k)(1) and/or (k)(2). To the extent that this system is not subject to
exemption, it is subject to contest. A determination as to exemption shall be made at the time a
request for contest is received. Individuals desiring to contest or amend information maintained in
the system should direct their request to the System Manager listed above, stating clearly and
concisely what information is being contested, the reasons for contesting it, and the proposed
amendment to the information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The sources of information contained in this system are complaints referred to the U.S.
Attorney’s Office by citizens and consumer protection agencies.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>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), (g) and (h) of the Privacy Act pursuant to 5
U.S.C. 552a (j)(2) and (k)(1) and (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 <i>Federal Register.</i
>
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/USA-007</systemNumber>
<subsection type="systemName">Criminal Case Files.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Ninety-four United States Attorneys’ Offices (See Appendix identified as Justice/USA-
999); Executive Office for United States Attorneys, U.S. Department of Justice, 10th and
Constitution Avenue NW, Washington, DC 20530; and posted on the internet website of the EOUSA at
http://www.usdoj.gov/eousa.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>(a) Individuals charged with violations; (b) Individuals being investigated for violations;
(c) Defense Counsel(s); (d) Information Sources; (e) Individuals relevant to development of Criminal
Cases; (f) Individuals investigated, but prosecution declined; (g) Individuals referred to in
potential or actual cases and matters of concern to a U.S. Attorney’s Office; (h) Individuals placed
into the Department’s Pretrial Diversion program.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>(a) All case files (USA-33); (b) Docket Cards (USA-115); (c) Criminal Debtor
Cards (USA-117a); (d) Criminal Case Activity Card (USA-163); (e) Criminal Debtor
Activity Card (USA-164); (f) 3 by 5 Index Cards; (g) Caseload Printouts; (h) Attorney
Assignment Sheets; (i) General Correspondence re: Criminal Cases; (j) Reading Files re: Criminal
Cases; (k) Grand Jury Proceedings; (l) Miscellaneous Investigative Reports; (m) Information Source
Files; (n) Parole Recommendations; (o) Immunity Requests; (p) Witness Protection Files; (q) Wiretap
Authorizations; (r) Search Warrants; (s) Telephone Records; (t) Criminal Complaints; (u) Sealed
Indictment Records; (v) Files Unique to a District; (w) Criminal Miscellaneous Correspondence File;
(x) Prosecution Declined Reports.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>These systems are established and maintained pursuant to 5 U.S.C. 301, 28 U.S.C. 547 and 44
U.S.C. 3101.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>Records are maintained for the purpose of prosecuting or otherwise resolving criminal cases
or matters handled by the United States Attorneys.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>A record maintained in this system of records may be disseminated as a routine use of such
record as follows:
</p><p>(a) In any case in which there is an indication of a violation or potential violation of law,
criminal, or regulatory in nature, the record in question may be disseminated to the appropriate
Federal, state, local, or foreign agency charged with the responsibility for investigating or
prosecuting such violation or charged with enforcing or implementing such law;
</p><p>(b) In the course of investigating the potential or actual violations of any law, criminal,
civil, or regulatory in nature, or during the course of a trial or hearing or the preparation for a
trial or hearing for such violation, a record may be disseminated to a Federal, state, local, or
foreign agency, or to an individual or organization, if there is reason to believe that such agency,
individual, or organization possesses information relating to the investigation, trial, or hearing
and the dissemination is reasonably necessary to elicit such information or to obtain the
cooperation of a witness or an informant;
</p><p>(c) A record relating to a case or matter may be disseminated in an appropriate Federal, state,
local, or foreign court or grand jury proceeding in accordance with established constitutional,
substantive, or procedural law or practice;
</p><p>(d) A record relating to a case or matter may be disseminated to a Federal, state, or local
administrative or regulatory proceeding or hearing in accordance with the procedures governing such
proceeding or hearing;
</p><p>(e) A record relating to a case or matter may be disseminated to an actual or potential party or
his attorney for the purpose of negotiation or discussion on such matters as settlement of the case
or matter, plea bargaining, or informal discovery proceedings;
</p><p>(f) A record relating to a case or matter that has been referred by an agency for investigation,
prosecution, or enforcement, or that involves a case or matter within the jurisdiction of an agency,
may be disseminated to such agency to notify the agency of the status of the case or matter or of
any decision or determination that has been made, or to make such other inquiries and reports as are
necessary during the processing of the case or matter;
</p><p>(g) A record relating to a person held in custody pending or during arraignment, trial, sentence,
or extradition proceedings, or after conviction or after extradition proceedings, may be
disseminated to a Federal, state, local, or foreign prison, probation, parole, or pardon authority,
or to any other agency or individual concerned with the maintenance, transportation, or release of
such a person;
</p><p>(h) A record relating to a case or matter may be disseminated to a foreign country pursuant to an
international treaty or convention entered into and ratified by the United States or to an executive
agreement;
</p><p>(i) A record may be disseminated to a Federal, state, local, foreign, or international law
enforcement agency to assist in the general crime prevention and detection efforts of the recipient
agency or to provide investigative leads to such agency;
</p><p>(j) A record may be disseminated to a Federal agency, in response to its request, in connection
with the hiring or retention of any employee, the issuance of a security clearance, the reporting of
an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or
other benefit by the requesting agency, to the extent that the information relates to the requesting
agency’s decision on the matter;
</p><p>(k) A record may be disseminated to the public, news media, trade associations, or organized
groups, when the purpose of the dissemination is educational or informational, such as descriptions
of crime trends or distinctive or unique modus operandi: Provided that the record does not contain
any information identifiable to a specific individual other than such modus operandi;
</p><p>(l) A record may be disseminated to a foreign country through the United States Department of
State or directly to the representative of such country, to the extent necessary to assist such
country in apprehending and/or returning a fugitive to a jurisdiction which seeks his return;
</p><p>(m) A record that contains classified national security information and material may be
disseminated to persons who are engaged in historical research projects, or who have previously
occupied policy making positions to which they were appointed by the President, in a accordance with
the provisions codified in 28 CFR 17.96;
</p><p>(n) A record relating to an actual or potential civil or criminal violation of title 17, United
States Code, may be disseminated to a person injured by such violation to assist him in the
institution or maintenance of a suit brought under such title;
</p><p>(o) Information permitted to be released to the news media and the public pursuant to 28 CFR 50.2
may be made available 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><p>(p) Information not otherwise required to be released pursuant to 5 U.S.C. 552 may be made
available 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;
</p><p>(q) A record may be disclosed as a routine use to the National Archives and Records
Administration in records management inspections conducted under the authority of 44 U.S.C. 2904 and
2906;
</p><p>(r) A record may be accessed by volunteer student workers and students working under a college
work-study program, as is necessary to enable them to perform their function;
</p><p>(s) A record, or facts derived therefrom, may be disseminated in a proceeding before a court or
adjudicative body before which the United States Attorney’s office or the Executive Office for U.S.
Attorneys is authorized to appear when i. the United States Attorney’s office or the Executive
Office for U.S. Attorneys, or any subdivision thereof, or ii. any employee of the United States
Attorney’s office or the Executive Office for U.S. Attorneys in his or her official capacity, or
iii. any employee of the United States Attorney’s office or the Executive Office for U.S. Attorneys
in his or her individual capacity where the Department of Justice has agreed to represent the
employee, or iv. the United States, where the United States Attorney’s office or the Executive
Office for U.S. Attorneys determines that the litigation is likely to affect it or any of its
subdivisions, is a party to litigation or has an interest in litigation and such records are
determined by the United States Attorney’s office or the Executive Office for U.S. Attorneys to be
arguably relevant to the litigation;
</p><p>(t) A record, or facts derived therefrom, may be disseminated in a proceeding before a court or
adjudicative body before which the United States Attorney’s office is authorized to appear, when the
United States, or any agency or subdivision thereof, is a party to litigation or has an interest in
litigation and such records are determined by the United States Attorney’s office to be arguably
relevant to the litigation;
</p><p>(u) In any health care related civil or criminal case, investigation, or matter, information
indicating patient harm, neglect, or abuse, or poor or inadequate quality of care, at a health care
facility or by a health care provider, may be disclosed as a routine use to any federal, state,
local, tribal, foreign, joint, international or private entity that is responsible for regulating,
licensing, registering, or accrediting any health care provider or health care facility, or
enforcing any health care related laws or regulations. Further, information indicating an ongoing
quality of care problem by a health care provider or at a health care facility may be disclosed to
the appropriate health plan. Additionally, unless otherwise prohibited by applicable law,
information indicating patient harm, abuse or poor or inadequate quality of care may be disclosed to
the affected patient or his or her representative or guardian at the discretion of and in the manner
determined by the agency in possession of the information.
</p><p>(v) Records relating to an individual who owes an overdue debt to the United States may be
disseminated to (1) a Federal agency which employs the individual to enable the employing agency to
offset the individual’s salary, (2) a Federal, State, local or foreign agency, an organization,
including a consumer reporting agency, or individual to elicit information to assist the United
States Attorney in the collection of the overdue debt, (3) a collection agency or private counsel to
enable them to collect the overdue debt, and (4) the Internal Revenue Service (IRS) to enable that
agency to offset the individual’s tax refund. Records provided to the IRS may be used in a computer
matching program to identify individuals who are entitled to refunds against which such offset for
overdue debts would be appropriate; and Notice of disclosure under Subsection (b)(12) of the Privacy
Act: Records relating to individuals who owe a past-due debt to the United States may be
disseminated to consumer reporting agencies to encourage payment of the past-due debt.
</p><p>(w) information may be disclosed to complainants and victims to the extent necessary to provide
them with information concerning the progress or results of the investigation or case arising from
the matters of which they complained or were the victim.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>All information except that specified in this paragraph, is recorded on basic
paper/cardboard material, and stored within manila file folders, within metal file cabinets,
electric file/card retrievers or safes. Some material is recorded and stored on magnetic tape, card
or other data processing type storage matter for reproduction later into conventional formats.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved primarily by name of person, case number, compliant number of court
docket number. Information within this system of records may be accessed by various U.S. Attorney’s
offices and the Executive Office for United States Attorneys by means of catho-ray tube terminals
(CRTs).
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information in the system is both confidential and non-confidential and located in file
cabinets in the United States Attorney offices.
</p><p>Confidential materials are in locked file drawers and safes, and nonconfidential materials are in
unlocked file drawers. Offices are locked during non-working hours and are secured by either Federal
Protective Service, United States Postal Service, or private building guards. Information that is
retrievable by CRTs within various U.S. Attorney’s offices and the Executive Office for United
States Attorneys requires user identification numbers which are issued to authorized employees of
the Department of Justice.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Case files involving no sentence, or sentences of ten years or less, are destroyed ten years
after case is closed. Case files involving sentences of more than ten years are destroyed one year
after the date of termination of sentence. Both are in accordance with approved retention and
disposal schedules.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>System manager for the system in each office is the Administrative Office/Assistant, for the
U.S. Attorney for each district (See appendix or EOUSA internet address of
http://www.usdoj.gov/eousa).
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to the System Manager for the judicial district in which the case or
matter is pending (See appendix or EOUSA internet address of http://www.usdoj.gov/eousa).
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>The major part of the information maintained in this system is exempt from this requirement
under 5 U.S.C. 552a(j)(2), (k)(1) and/or (k)(2). To the extent that this system is not subject to
exemption, it is subject to access. A determination as to exemption shall be made at the time a
request for access is received. A request for access to a record from this system shall be made in
writing, with the envelope and the letter clearly marked "Privacy Access Request."  Include in the
request the name of the individual involved, his birth date and place, or any other identifying
number or information which may be of assistance in locating the record and the name of the case or
matter involved, if known. The requester will also provide his or her notarized signature and a
return address for transmitting the information. Access requests will be directed to the System
Manager (See appendix).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>The major part of the information maintained in this system is exempt from this requirement
under 5 U.S.C. 552a(j)(2), (k)(1) and/or (k)(2).
</p><p>To the extent that this system is not subject to exemption, it is subject to contest. A
determination as to exemption shall be made at the time a request for contest is received.
Individuals desiring to contest or amend information maintained in the system should direct their
request to the System Manager (See Appendix) stating clearly and concisely what information is being
contested, the reasons for contesting it, and the proposed amendment to the information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system include, but are not limited to,
investigative reports of federal, state and local law enforcement agencies; client agencies of the
Department of Justice; other non-Department of Justice investigative agencies; forensic reports;
statements of witnesses and parties; verbatim transcripts of Grand Jury and court proceedings; data,
memoranda and reports from the Court and agencies thereof; and the work product of Assistant United
States Attorneys, Department of Justice attorneys and staff, and legal assistants working on
particular cases.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsection (c) (3) and (4), (d), (e) (1),
(2) and (3), (e)(4) (G) and (H), (e) (5) and (8), and (g) of the Privacy Act pursuant to 5 U.S.C.
552a (j)(2) and (k) (1) and (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 <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/USA-009</systemNumber>
<subsection type="systemName"> Kline--District of Columbia and Maryland--Stock and Land
Fraud Interrelationship Filing System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Attorney’s Office, Judiciary Center Bldg., 555 4th Street, NW, Washington, DC 20001.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The individuals on whom records are maintained in this system may be broadly classified in
three categories: (1) Those individuals who have been charged with Federal and D.C. Code violations;
(2) Those individuals who are currently under investigation for violations of Federal and D.C. Code;
(3) Those individuals upon whom investigations were conducted, but no prosecution was initiated.
These include but are not limited to possible witnesses, corporate entities, corporate employees,
business contacts, financial institutions and governmental contacts.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system contains an index record for individual names and types of transactions with
named individuals.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 301, 28 U.S.C. 547, 23 D.C. Code 101(c).
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>A record maintained in this system of records may be disseminated as a routine use of such
record as follows:
</p><p>(1) In any case in which there is an indication of a violation or potential violation of law,
whether civil, criminal, or regulatory in nature, the record in question may be disseminated to the
appropriate agency, federal, state, local, or foreign, charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing or implementing such law;
</p><p>(2) In the course of investigating the potential or actual violation of any law, whether civil,
criminal, or regulatory in nature, or during the course of a trial or hearing or the preparation for
a trial or hearing for such violation, a record may be disseminated to a federal, state, local, or
foreign agency, or to an individual, if there is reason to believe that such agency or individual
possesses information relating to the investigation, trial, or hearing and the dissemination is
reasonably necessary to elicit such information or to obtain the cooperation of a witness or an
informant;
</p><p>(3) Records or extracts thereof relating to a case or matter may be disseminated to a defendant
or his attorney or to the appropriate federal, state, local, or foreign, court or grand jury in
accordance with established constitutional, substantive, or procedural law or practice;
</p><p>(4) A record relating to a case or matter may be disseminated to a federal, state, or local
administrative or regulatory proceeding or hearing in accordance with the procedures governing such
proceeding or hearing;
</p><p>(5) A record relating to a case of matter may be disseminated to an actual or potential party or
his attorney for the purpose of negotiations or discussion on such matters as settlement of the case
or matter, plea bargaining, or informal discovery proceedings;
</p><p>(6) A record relating to a case or matter that has been referred for investigation may be
disseminated to the referring agency to notify such agency of the status of the case or matter or of
any decision or determination that has been made;
</p><p>(7) A record relating to a person held pending arraignment, trial or sentence, or after
conviction, may be disseminated to a federal, state, local, or foreign prison, probation, parole,
bail or pardon authority, or to any agency or individual concerned with the custody maintenance,
transportation, or release of such a person;
</p><p>(8) A record relating to a case or matter may be disseminated to a foreign country pursuant to an
international treaty or convention entered into and ratified by the United States;
</p><p>(9) A record may be disseminated to a federal, state, local, or foreign law enforcement agency to
assist in the general crime prevention and detection efforts of the recipient agency, or to provide
investigative leads to such agency;
</p><p>(10) A record may be disseminated to a federal agency, in response to its request, in connection
with the hiring or retention of an employee, the issuance of a security clearance, the reporting of
an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or
other benefit by the requesting agency, to the extent that the information relates to the requesting
agency’s decision on the matter; and
</p><p>(11) A record may be accessed by volunteer student workers and students working under a college
work-study program, as is necessary to enable them to perform their function.
</p><p>(12) Release of information to the news media: Information permitted to be released to the news
media and the public pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the Department of Justice 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><p>(13) Release of information to Members of Congress. Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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 and;
</p><p>(14) Release of information to the National Archives and Records Administration (NARA) and to the
General Services Administration (GSA): A record from a system of records may be disclosed as a
routine use to NARA and GSA in records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information maintained in the system is stored electronically in the Department of Justice
Juris System.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved primarily by referencing the individuals’ names who participated in
the business transactions.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information contained in this system is protected as though it was classified as
confidential. It is accessible only to holders of the entry code: the only holders of the code are
the U.S. Attorney’s Offices for the District of Columbia and Maryland.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>The records are to be retained for the period of usefulness as determined by the U.S.
Attorney’s Office.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Chief, Fraud Division, U.S. Attorney’s Office, Judiciary Center Bldg. 55 4th Street NW,
Washington DC 20001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>All inquiries should be addressed to the System Manager.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>The major part of the information maintained in this system is exempt from this requirement
under 5 U.S.C. 552a. (j)(2), (k)(l), and/or (k)(2). To the extent that this system is not subject to
exemption, it is subject to access. A determination as to exemption shall be made at the time a
request for access is received. A request for success to a record from this system shall be made in
writting, with the envelope and the letter clearly marked "Privacy Access Request."  Include in the
request the general subject matter of the document or its file number. The requestor will also
provide a return address for transmitting the information. Access requests will be directed to the
System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>The major part of the information maintained in this system is exempt from this requirement
under 5 U.S.C. 552a(j)(2), (k)(1), and/or (k)(2). To the extent that this system is not subject to
exemption, it is subject to contest. A determination as to exemption shall be made at the time a
request for contest is received. Individuals desiring to contest or amend information maintained in
the system should direct their request to the System Manager listed above, stating clearly and
concisely what information is being contested, the reasons for contesting it, and the proposed
amendment to the information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Source of information contained in this system are individuals who have cooperated with the
U.S. Attorney’s Office in the investigation of criminal activity.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>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), (g), and (h) of the Privacy Act pursuant to 5
U.S.C. 552a(j)(2), and (k)(1) and (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 <i>Federal Register</i
>.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/USA-010</systemNumber>
<subsection type="systemName"> Major Crimes Division Investigative Files.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Attorney’s Office, Judiciary Center Bldg., 555 4th St., NW, Washington, DC 20001.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The individuals on whom records are maintained in the Major Crimes Division Investigative
Files may be broadly classified in four categories: (1) Those individuals who have been charged with
Federal and D.C Code violations; (2) those individuals who are currently under investigation for
violations of Federal and D.C. Code; (3) those individuals upon whom investigations were conducted,
but no prosecution was initiated; and (4) other informants.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>In addition to the standard files maintained in accordance with the U.S. Attorney’s Manual
and the Department of Justice Docket and Reporting System, there are also maintained in the Major
Crimes Division of this office certain investigative and intelligence files. The type of information
maintained is identifying data, criminal records, intelligence compiled for the purpose of
investigation of criminal offenses, criminal investigative reports, informant debriefing summaries,
and information provided in confidence during investigative and prosecutive states of criminal
cases.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5. U.S.C. 301, 28 U.S.C. 547.23 D.C. Code 101(c).
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>A record maintained in this system of records may be disseminated as a routine use of such
record as follows:
</p><p>(1) In any case in which there is an indication of a violation or potential violation of law,
whether civil, criminal or regulatory in nature, the record in question may be disseminated to the
appropriate agency, federal, state local, or foreign, charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing or implementing such law;
</p><p>(2) In the course of investigating the potential or actual violation of any law, whether civil,
criminal or regulatory in nature, or during the course of a trial or hearing or the preparation for
a trial or hearing for such violation, a record may be disseminated to a federal, state, local, or
foreign agency, or to an individual, if there is reason to believe that such agency or individual
possesses information relating to the investigation, trial, or hearing and the dissemination is
reasonably necessary to elicit such information or to obtain the cooperation of a witness or an
informant.
</p><p>(3) Records or extracts thereof relating to a case or matter may be disseminated to a defendant
or his attorney or to the appropriate federal, state, local or foreign, court or grand jury in
accordance with established constitutional, substantive, or procedural law or practice;
</p><p>(4) A record relating to a case or matter may be disseminated to a federal, state, or local
administrative or regulatory proceeding or hearing in accordance with the procedures governing such
proceeding or hearing;
</p><p>(5) A record relating to a case or matter may be disseminated to an actual or potential party or
his attorney for the purpose of negotiation or discussion on such matters as settlement of the case
or matter, plea bargaining, or informal discovery proceedings;
</p><p>(6) A record relating to a case or matter that has been referred for investigation may be
disseminated to the referring agency to notify such agency of the status of the case or matter or of
any decision or determination that has been made;
</p><p>(7) A record relating to a person held pending arraignment, trial or sentence, or after
conviction, may be disseminated to a federal, state, local, or foreign prison, probation, parole,
bail or pardon authority, or to any agency or individual concerned with the custody maintenance,
transportation, or release of such a person;
</p><p>(8) A record relating to a case or matter may be disseminated to a foreign country pursuant to an
international treaty or convention entered into and ratified by the United States;
</p><p>(9) A record may be disseminated to a federal, state, local, or foreign law enforcement agency to
assist in the general crime prevention and detection efforts of the recipient agency or to provide
investigative leads to such agency;
</p><p>(10) A record may be disseminated to a federal agency, in response to its request, in connection
with the hiring or retention of an employee, the issuance of a security clearance, the reporting of
an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or
other benefit by the requesting agency, to the extent that the information relates to the requesting
agency’s decision on the matter; and
</p><p>(11) A record may be accessed by volunteer student workers and students working under a college
work-study program, as is necessary to enable them to perform their function.
</p><p>(12) Release of information to the news media: Information permitted to be released to the news
media and the public pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the Department of Justice 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><p>(13) Release of information to Members of Congress: Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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 and;
</p><p>(14) Release of information to the National Archives and Records Administration (NARA) and to the
General Services Administration (GSA): A record from a system of records may be disclosed as a
routine use to NARA and GSA in records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The information is maintained in memorandum form in file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved primarily by the name of a person, complaint number, court docket
number, FBI number, Metropolitan Police Department identification number and District of Columbia
Department of Corrections number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information contained in the system is both unclassified and classified and is safeguarded
and protected by being maintained in tumbler locked file safes in the Major Crimes Division which is
manned during all times that it is open and at other times is locked. This room is located in the
U.S. Courthouse which is guarded by the Federal Protective Service twenty four hours a day with
roving patrols during non-working hours.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Files are retained and disposed of in accordance with Title 8, U.S. Attorney’s Manual, pages
70-77.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Chief, Major Crimes Division, U.S. Attorney’s Office, Judiciary Center Bldg., 555 4th
Street, NW, Washington, DC 20001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to the System Manager.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>The major part of the information maintained in this system is exempt from this requirement
under 5 U.S.C. 552a(j)(2), (k)(1), and/or (k)(2). To the extent that this system is not subject to
exemption, it is subject to access. A determination as to exemption shall be made at the time a
request for access is received. A request for access to a record from this system shall be made in
writing, with the envelope and the letter clearly marked `Privacy Access Request.’ Include in the
request the general subject matter of the document or its file number. The requestor will also
provide a return address for trnasmitting the information. Access requests will be directed to the
System Manger listed above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>The major part of the information maintained in this system is exempt from this requirement
under 5 U.S.C. 552a(j)(2), (k)(1), and/or (k)(2). To the extent that this system is not subject to
exemption, it is subject to contest. A determination as to exemption shall be made at the time a
request for contest is received. Individuals desiring to contest or amend information maintained in
the system should direct their request to the System Manager listed above, stating clearly and
concisely what information is being contested, the reasons for contesting it, and the proposed
amendments to the information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system are investigative reports of federal, state
and local law enforcement agencies, statement of witnesses, informants and parties, as well as
verbatim transcripts of grand jury proceedings and court proceedings, memoranda and reports from the
court and agencies thereof and the work product of Assistant United States Attorneys and legal
assistants working on particular cases.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsection (c) (3) and (4), (d), (e) (1),
(2) and (3), (e)(4) (G) and (H), (e) (5) and (8), (f), (g) and (h) of the Privacy Act pursuant to 5
U.S.C. 552a(j)(2) and (k) (1) and (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 <i>Federal
Register</i>.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/USA-011</systemNumber>
<subsection type="systemName"> Prosecutor’s Management Information System (PROMIS).
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Attorney’s Office: Judiciary Center Bldg., 555 4th Street, NW, Washington, DC 20001.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The individuals on whom records are maintained in PROMIS are as follows: (1) Those
individuals who have been charged with criminal violations: (2) those individuals who are currently
under investigation for criminal violations: (3) those individuals upon whom criminal investigations
were conducted, but no prosecution was initiated; and (4) the names and addresses of all witnesses
and arresting police officers.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The data in PROMIS fall into six major categories.
</p><p>1. Information about the accused or defendant. This includes name, alias, sex, race, date of
birth, address, facts about prior arrest and convictions, and employment status. If judged
appropriate, additional data could be added, such as information about alcohol or drug abuse. Some
of this information is used to rate the gravity of the case in terms of the defendant’s criminal
history.
</p><p>2. Information about the crime. The date, time, and place of the crime; the number of persons
involved in the crime; and a numerical rating reflecting the gravity of the crime in terms of the
amount and degree of personal injury, property damage or loss, and intimidation.
</p><p>3. Information about the arrest. The date, time, and place of the arrest, the type of arrest and
identity of the arresting officers.
</p><p>4. Information about criminal charges. The charges originally placed by the police against the
arrestee the charges actually filed in court against the defendant, the reasons for changes in the
charges by the prosecutor, the penal statute for the charge, the FBI Uniform Crime Report Code for
the charge, and the Project SEARCH Code for the charge.
</p><p>5. Information about court events. The dates of every court event in a case from arraignment
through motion hearing, continuance hearing, final disposition, and sentencing; the names of the
principals involved in each event, including the defense and prosecution attorneys and judge; the
outcomes of the events and the reasons therefor.
</p><p>6. Information about witnesses. The names and addresses, the prosecutor’s assessment of whether
the witnesses are essential to the case, and any indications of reluctance to testify by the
witnesses.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 301, 28 U.S.C. 547, 23 D.C. Code 101(c).
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>A record maintained in this system of records may be disseminated as a routine use by such
records as follows:
</p><p>(1) In any case in which there is an indication of a violation or potential violation of law,
whether civil, criminal, or regulatory in nature, the record in question may be disseminated to the
appropriate agency federal, state, local, or foreign, charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing or implementing such law;
</p><p>(2) In the course of investigating the potential or actual violation of any law, whether civil,
criminal, or regulatory in nature, or during the course of a trial or hearing or the preparation for
a trial or hearing for such violation, a record may be disseminated to a federal, state, local, or
foreign agency, or to an individual, if there is reason to believe that such agency or individual
possesses information relating to the investigation, trial, or hearing and the dissemination is
reasonably necessary to elicit such information or to obtain the cooperation of a witness or an
informant;
</p><p>(3) Records or extracts thereof relating to a case or matter may be disseminated to a defendant
or his attorney or to the appropriate federal, state, local, or foreign, court or grand jury in
accordance with established constitutional, substantive, or procedural law or practice;
</p><p>(4) A record relating to a case or matter may be disseminated to a federal, state, or local
administrative or regulatory proceeding or hearing in accordance with the procedures governing such
proceeding or hearing;
</p><p>(5) A record relating to case or matter may be disseminated to an actual or potential party or
his attorney for the purpose of negotiation or discussion on such matters as settlement of the case
or matter, plea bargaining, or informal discovery proceedings, or to the Public Defender Service in
connection with caseload management of other purposes;
</p><p>(6) A record relating to a case or matter that has been referred for investigation may be
disseminated to the referring agency to notify such agency of the status of the case or matter or of
any decision or determination that has been made or to assist in eliciting additional information;
</p><p>(7) A record relating to a person held pending arraignment, trial or sentence, or after
conviction, may be disseminated to a federal, state, local or foreign prison, probation, parole,
bail or pardon authority, or to any agency or individual concerned with the custody maintenance,
transportation, or release of such a person;
</p><p>(8) A record relating to a case or matter may be disseminated to a foreign country pursuant to an
international treaty or convention entered into and ratified by the United States;
</p><p>(9) A record may be disseminated to a federal, state, local, or foreign law enforcement agency to
assist in the general crime prevention and detection efforts of the recipient agency or to provide
investigative leads to such agency;
</p><p>(10) A record may be disseminated to a federal agency, in response to its request, in connection
with the hiring or retention of an employee, the issuance of a security clearance, the reporting of
an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or
other benefit by the requesting agency, to the extent that the information relates to the requesting
agency’s decision on the matter; and
</p><p>(11) A record may be accessed by volunteer student workers and students working under a college
work-study program, as is necessary to enable them to perform their function.
</p><p>(12) This office utilizes it to track the workload of the criminal court process from three
separate vantage points. First, the workload is tracked from the vantage point of the crime or
criminal incident. This is accomplished by including in PROMIS the complaint number which the police
department assigns to a reported crime. With this number, prosecutors can follow the full history of
the court actions arising from the crime even though those actions may involve multiple defendants,
multiple cases, and multiple trials and dispositions.
</p><p>(13) PROMIS tracks the court workload from the vantage point of the accused or defendant. This is
achieved by incorporating in PROMIS the fingerprint-based number the police department assigns to
the individual following his or her arrest. This identfication number is used again by the
department if the same individual is subsequently arrested. Through this number, prosecuting
attorneys accumulate criminal history files on offenders and note incidents of recidivism.
</p><p>(14) PROMIS tracks from the vantage point of the court proceedings. This is accomplished by
including in PROMIS the docket number the Court assigns to the case pending before it. With this
number, prosecutors trace the history of any formal criminal action from arraignment through final
disposition and sentencing, and account for the separate fate of each count or charge.
</p><p>The inclusion of these three numbers is significant. The numbers provide a capability to track
the criminal incident, the defendant, or the court actions and provide the basis for the routine
communication among the various Federal, state, local, and foreign law enforcement agencies.
</p><p>(15) PROMIS generates, on a recurring basis, five categories of reports: Misdemeanor calendars,
felony calendars, case status reports, workload reports, and special reports. These reports are
prepared from information contained in the data base both by persons employed by this office, the
Justice Department and persons under contract to the Department for this purpose.
</p><p>(16) Release of information to the news media: Information permitted to be released to the news
media and the public pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the Department of Justice unless it is determined that release of the specific
information in the context of the particular case would constitute an unwarranted invasion of
personal privacy.
</p><p>(17) Release of information to Members of Congress. Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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; and
</p><p>(18) Release of information to the National Archives and Records Administration (NARA) and to the
General Services Administration (GSA): A record from a system of records may be disclosed as a
routine use to NARA and GSA in records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>These records are stored on magnetic tapes and discs at the District of Columbia
Metropolitan Police Department Computer Center. Printouts from the terminals are stored with case
jackets. Status, calendars, and statistical reports are stored in the files and offices of
supervisory attorneys.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>This system has an on-line data retrieval capability with respect to certain information
continued in the data base. These subsets of information are retrieved on data display terminals
which are located at various work stations throughout the office. Certain of these terminals have a
printout capability. All information on these subsets is a matter of public record. The system also
has the capability for the production of periodic reports. Both the periodic reports and the on-line
displays are utilized in accordance with the above listed routine uses.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>The magnetic tapes and discs are maintained in a secure vault at the Metropolitan Police
Department Computer Center. In addition to the physical security safeguards, there is a twenty-four
hour patrol. The data display terminals are located in semi-public areas of the office (i.e.,
administrative work stations through which the public must pass on official business). However, only
trained operators may retrieve the information, which is of public record. The terminals are not
open to the public after working hours.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>The files are retained and disposed of in accordance with Title 8, U.S. Attorney’s Manual,
pages 70-77.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Administrative Assistant, United States Attorney, Judiciary Center Bldg., 555 4th St. NW,
Washington, DC 20001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to the System Manager.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>The major part of the information maintained in this system is exempt from this requirement
under 5 U.S.C. 552a(j)(2), (k)(1) and/or (j)(2). To the extent that this system is not subject to
exemption, it is subject to access. A determination as to exemption shall be made at the time a
request for access is received. A request for access to a record from this system shall be made in
writing, with the envelope and the letter clearly marked "Privacy Access Request."  Include in the
request the general subject matter of the document or its file number. The requestor will also
provide a return address for transmitting the information. Access requests will be directed to the
System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>The major part of the information maintained in this system is exempt from this requirement
under 5 U.S.C. 552a(j)(2), (k)(1) and/or (k)(2). To the extent that this system is not subject to
exemption, it is subject to contest. A determination as to exemption shall be made at the time a
request for contest is received. Individuals desiring to contest or amend information maintained in
the system should direct their request to the System Manager listed above, stating clearly and
concisely what information is being contested, the reasons for contesting it, and the proposed
amendment to the information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>About 80 percent of the data contained in PROMIS is obtained at the intake and screening
stage as the by-product of the case documentation process. Carbon copies of various forms completed
immediately before or during the case screening stage serve as input documents for PROMIS.
</p><p>As a case moves through the subsequent proceedings, additional information about its status is
fed to PROMIS. This is achieved through turnaround documents--forms generated by PROMIS in
advance of a court event--on which the results of a given processing (e.g., preliminary
hearing, sentencing, etc.) are recorded and then entered in PROMIS.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>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), (g) and (h) of the Privacy Act pursuant
to 5 U.S.C. 552a(j)(2) and (k) (1) and (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 <i>Federal
Register</i>.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/USA-012</systemNumber>
<subsection type="systemName"> Security Clearance Forms for Grand Jury Reports.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Ninety-four United States Attorney’s Office (See attached Appendix).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Proposed Grand Jury Reporters.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Request for security clearance of grand jury reporter(s) employed by the reporting firm
under contract with the Justice Department; carbon copy of "PERSONNEL INFORMATION SHEET--Grand
Jury Reporting"  on which is listed name of proposed grand jury reporter, home address, date and
place of birth, and present business affiliation; and clearance or denial of clearance for the
proposed reported from the Department of Justice.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 301.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>All uses of this information are internal within the Department of Justice.
</p><p>Release of information to the news media:
</p><p>Information permitted to be released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department of Justice 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><p>Release of information to members of congress:
</p><p>Information contained in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be made available to a Member or
Congress or staff acting upon the Member’s behalf when the Member of staff requests the information
on behalf of and at the request of the individual who is the subject of the record.
</p><p>Release of information to the National Archives and Records Administration: A record from a
system of records may be disclosed as a routine use to the National Archives and Records
Administration (NARA) in records management inspections conducted under the authority of 44 U.S.C.
2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Security clearance forms are kept alphabetically in file cabinets in the Administrative
Office.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Security clearance forms on grand jury reports are retrievable from an alphabetical filing
system.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Security clearance forms are maintained in the Administrative Division in the District Court
Building which is manned at all times during working hours and at other times is locked.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Security clearance forms are maintained for five years, at which time they must be renewed.
Upon receipt of renewed security clearance, old forms are destroyed.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Ninety-four United States Attorneys Offices (See attached appendix).
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to the System Manager.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to a record from this system shall be made in writing, with the
envelope and the letter clearly marked "Privacy Access Request."  Include in the request the general
subject matter of the document. The requestor will also provide a return address for transmitting
the information. Access requests will be directed to the System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the System Manager listed above, stating clearly and concisely what information is
being contested, the reasons for contesting it, and the proposed amendment to the information
sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The source of the information contained in these files are the reporter’s request for
security clearance personnel information sheet and the clearance or denial of clearance.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/USA-013</systemNumber>
<subsection type="systemName"> U.S. Attorney, District of Columbia Superior Court Operations,
Criminal Files, including but not limited to the following subsystems: (a) Criminal File Folder (USA
-S1), (b) Criminal File Folder (USA-33), (c) Criminal Docket Card (USA-T7), and
(d) Index.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Attorney’s Office, Judiciary Center Bldg., 555 4th St. NW, Washington, DC 20001.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The individuals on whom records are maintained may be broadly classified in three categories
(1) Those individuals who have been charged with criminal violations; (2) those individuals who are
currently under investigation for criminal violations; and (3) those individuals upon whom criminal
investigations were conducted, but no prosecution was initiated.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system of records, consisting of numbered Criminal File Folders, (USA-S1 and USA
-33), contains criminal investigative reports about named individuals submitted to this office
by federal, state, local and foreign law enforcement agencies involved with the investigation of
suspected violations as well as by complaints made by private parties. Those matters which become
cases either by way of indictment or information in addition to the data contained in the
investigative reports, also contain copies of indictments, informations, complaints, and all
pleadings submitted to the court in connection with the actual prosecution of the case. These files
also contain communications between the Court and agencies thereof, and the United States Attorney,
and all correspondence relative to the case or matter. The files further contain psychiatric,
chemical and other forensic reports, documentary evidence and the work product and internal
memoranda of the Assistant United States Attorney in charge of the investigation compiled in
preparation for the prosecution of each case. In those cases which have gone through trial and
appeal, the file would further reflect transcripts of the trial, all pleadings and correspondence
between the attorneys and the Court of Appeals, and copies of briefs submitted in the prosecution of
the Appeal.
</p><p>A synopsis record of a matter or case is maintained by means of a criminal docket card (USA
-T7), for all actions through sentencing. A synopsis record of a case on appeal is maintained
on an Appellate Docket Card (USA-9X-199), Appellate Proceedings). All of these
subsystems comprise an internal cross-reference record keeping system of the criminal business at
the office. Through the medium of forms and on-line data input, certain of this information is
conveyed to a computer center for inclusion in the Prosecutor’s Management Information System (a
system which will be reported on separately), from which status and statistical reports are issued
and distributed back to this office either in the form of computer printouts or on data display
terminals which contain much of the same information as the files in different format.
</p><p>Because of the number of diverse functions which must be performed with respect to each case; and
because of the large volume of cases and because operations are conducted in three separate
buildings, there are a number of file folder locator mechanisms and cross references utilized to
constantly track a file folder when it is not physically located in file control. These indexes or
locators are maintained in the form of `out cards,’ log books index card files, etc. They are
referenced by name, number, and other identifiers. In themselves, they are not separate systems of
records, but indexes or references to the primary system.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 301.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>A record maintained in this system of records may be disseminated as a routine use of such
record as follows:
</p><p>(1) In any case in which there is an indication of a violation or potential violation of law,
whether civil, criminal, or regulatory in nature, the record in question may be disseminated to the
appropriate agency, federal, state, local, or foreign, charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing or implementing such law;
</p><p>(2) In the course of investigating the potential or actual violation of any law, whether civil,
criminal, or regulatory in nature, or during the course of a trail or hearing or the preparation for
a trial or hearing for such violation, a record may be disseminated to a federal, state, local, or
foreign agency, or to an individual, if there is reason to believe that such agency or individual
possesses information relating to the investigation, trial, or hearing and the dissemination is
reasonably necessary to elicit such information or to obtain the cooperation of a witness or an
informant;
</p><p>(3) Records or extracts thereof relating to a case or matter may be disseminated to a defendant
or his attorney or to the appropriate federal, state, local, or foreign, court or grand jury in
accordance with established constitutional, substantive, or procedural law or practice;
</p><p>(4) A record relating to a case or matter may be disseminated to a federal, state, or local
administrative or regulatory proceeding or hearing in accordance with the procedures governing such
proceeding or hearing;
</p><p>(5) A record relating to a case or matter may be disseminated to an actual or potential party or
his attorney for the purpose of negotiation or discussion on such matters as settlement of the case
or matter, plea bargaining, or informal discovery proceedings;
</p><p>(6) A record relating to a case or matter that has been referred for investigation may be
disseminated to the referring agency to notify such agency of the status of the case or matter or of
any decision or determination that has been made or to assist in eliciting additional information;
</p><p>(7) A record relating to a person held pending arraignment, trial or sentence, or after
conviction, may be disseminated to a federal, state, local, or foreign prison, probation, parole,
bail or pardon authority, or to any agency or individual concerned with the custody, maintenance,
transportation or release of such a person;
</p><p>(8) A record relating to a case or matter may be disseminated to a foreign country pursuant to an
international treaty or convention entered into and ratified by the United States;
</p><p>(9) A record may be disseminated to a federal, state, local, or foreign law enforcement agency to
assist in the general crime prevention and detection efforts of the recipient agency or to provide
investigative leads to such agency;
</p><p>(10) A record may be disseminated to a federal agency, in response to its request, in connection
with the hiring or retention of employee, the issuance of a security clearance, the reporting of an
investigation of an employee, the letting of a contract, or the issuance of a license, grant, or
other benefit by the requesting agency, to the extent that the information relates to the requesting
agency’s decision on the matter; and
</p><p>(11) A record may be assessed by volunteer student workers and students working under a college
work-study program, as is necessary to enable them to perform their function;
</p><p>(12) Release of information to the news media: Information permitted to be released to the news
media and the public pursuant to 28 CFR 50.2 may be made available for systems of records maintained
by the Department of Justice 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><p>(13) Release of information to Members of Congress. Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available to a Member of Congress or staff acting upon the Member’s behalf when the
Member or staff requests for information on behalf of and at the request of the individual who is
the subject of the record; and
</p><p>(14) Release of information to the National Archives and Records Administration (NARA) and to the
General Services Administration (GSA): A record from a system of records may be disclosed as a
routine use to NARA and GSA in records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The information in the various indexes is maintained on index cards, log books, out cards,
etc. The criminal files themselves are maintained in criminal file folders (USA-S1 and USA
-33). The synopsis information is maintained on a Criminal Docket Card (USA-T7) and
Appellate Proceedings (USA-9X-199).
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved primarily by the name of a person, complaint number, court docket
number, FBI number, Metropolitan Police Department identification number and District of Columbia
Department of Corrections number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information contained in the system is both unclassified and classified and is safeguarded
and protected by being maintained in filerooms which are manned during all times that they are open
and at other times are locked. These rooms are located in the Superior Court for the District of
Columbia, Buildings B and G which are guarded by the federal protective service twenty-four hours a
day with roving patrols during non-working hours. Files which are not in the filerooms but which are
checked out to attorneys are maintained in locked offices after working hours.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>The files are retained and disposed of in accordance with Title 8, U.S. Attorney’s Manual,
pages 70-77.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Administrative Officer, U.S. Attorney’s Office, Superior Court Operations, 555 4th Street.
NW, Washington, DC 20001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to the System Manager.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>The major part of the information maintained in this system is exempt from this requirement
under 5 U.S.C. 552a(j)(2), (k)(1) and/or (k)(2). To the extent that this system is not subject to
exemption, it is subject to access. A determination as to exemption shall be made at the time a
request for access is received. A request for access to a record from this system shall be made in
writing, with the envelope and the latter clearly marked "Privacy Access Request."  Include in the
request the general subject matter of the document or its file number. The requester will also
provide a return address for transmitting the information. Access requests will be directed to the
System Manager listed above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>The major part of the information maintained in this system is exempt from this requirement
under 5 U.S.C. 552a(j)(2), (k)(1) and/or (k)(2). To the extent that this system is not subject to
exemption, it is subject to contest. A determination as to exemption shall be made at the time a
request for contest is received. Individuals desiring to contest or amend information maintained in
the system should direct their request to the System Manager listed above, stating clearly and
concisely what information is being contested, the reasons for contesting it, and the proposed
amendment to the information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system include but are not limited to investigative
reports of federal, state and local law enforcement agencies, forensic reports, statements of
witnesses and parties, as well as verbatim transcripts of grand jury proceedings and court
proceedings, memoranda and reports from the court and agencies thereof and work product of Assistant
United States Attorney and legal assistants working on particular cases.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>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), (g), and (h) of the Privacy Act pursuant
to 5 U.S.C. 552a(j)(2) and (k) (1) and (2). Rules have been promulgated in accordance with the
requirements of 5 U.S.C. 533 (b), (c) and (e) and have been published in the <i>Federal
Register</i>.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/USA-014</systemNumber>
<subsection type="systemName"> Pre-Trial Diversion Program Files.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Ninety-four United States Attorneys’ Offices (See attached appendix).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals referred to in potential or actual pre-trial diversion cases.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>(a) USA Form 184--Referral letter to Probation Service; (b) USA Form 185--Letter
to defendant; (c) USA Form 186--Agreement for Pre-Trial Diversion; (d) USA Form 187--Pre-
Trial Diversion Report Form; (e) USA Form 188--Certification of Completion of Program; (f) USA
Form 189--Defendant Application Form; (g) Telephone Records; (h) Miscellaneous Correspondence;
and (i) Files Unique to a District.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintained pursuant to 5 USC 301 and 44 USC 3101.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>A record maintained in this system of records may be disseminated as a routine use of such
record as follows:
</p><p>(a) In any case in which there is an indication of a violation or potential violation of law
criminal or regulatory in nature, the record in question may be disseminated to the appropriate
Federal, state, local, or foreign agency charged with the responsibility for investigating or
prosecuting such violation or charged with enforcing or implementing such law;
</p><p>(b) In the course of investigating the potential or actual violation of any law, criminal, or
regulatory in nature, or during the course of a trial or hearing or the preparation for a trial or
hearing for such violation, a record may be disseminated to a Federal, state, local, or foreign
agency, or to an individual or organization, if there is reason to believe that such agency,
individual, or organization possesses information relating to the investigation, trial, or hearing
and the dissemination is reasonably necessary to elicit such information or to obtain the
cooperation of a witness or an informant;
</p><p>(c) A record relating to a case or matter may be disseminated in an appropriate Federal, state,
local, or foreign court or grand jury proceeding in accordance with established constitutional,
substantive, or procedural law or practice;
</p><p>(d) A record relating to a case or matter may be disseminated to a Federal, state, or local
administrative or regulatory proceeding or hearing in accordance with the procedures governing such
proceeding or hearing;
</p><p>(e) A record relating to a case or matter be disseminated to an actual or potential party or his
attorney for the purpose of negotiation or discussion on such matters as settlement of the case or
matter, plea bargaining, or informal discovery proceedings;
</p><p>(f) A record relating to a case or matter that has been referred by an agency for investigation
prosecution or enforcement, or that involves a case or matter within the jurisdiction of an agency,
may be disseminated to such agency to notify the agency of the status of the case or matter of any
decision or determination that has been made, or to make such other inquiries and reports as are
necessary during the processing of the case or matter;
</p><p>(g) A record relating to a person held in custody pending or during arraignment, trial, sentence,
or extradition proceedings, or after conviction or after extradition proceedings, may be
disseminated to a Federal, state, local, or foreign prison, probation, parole, or pardon authority,
or to any other agency or individual concerned with the maintenance, transportation, or release of
such a person;
</p><p>(h) A record relating to a case or matter may be disseminated to a foreign country pursuant to an
international treaty or convention entered into and ratified by the United States or to an executive
agreement;
</p><p>(i) A record may be disseminated to a Federal, state, local, foreign, or international law
enforcement agency to assist in the general crime prevention and detection efforts of the recipient
agency or to provide investigation leads to such agency;
</p><p>(j) A record may be disseminated to a Federal agency, in response to its request in connection
with the hiring or retention of an employee, the issuance of a security clearance, the reporting of
an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or
other benefit by the requesting agency, to the extent that the information relates to the requesting
agency’s decision on the matter;
</p><p>(k) A record may be disseminated to the public, news media, trade associations, or organized
groups, when the purpose of the dissemination is educational or information, such as descriptions of
crime trends or distinctive or unique modus operandi, provided that the record does not contain any
information identifiable to a specific individual;
</p><p>(l) A record may be disseminated to a foreign country, through the United States Department of
State or directly to the representative of such country, to the extent necessary to assist such
country in apprehending and/or returning a fugitive to a jurisdiction which seeks his return;
</p><p>(m) A record that contains classified national security information and material may be
disseminated to persons who are engaged in historical research projects, or who have previously
occupied policy making positions to which they were appointed by the President, in accordance with
the provisions codified in 28 CFR 17.60; and
</p><p>(n) A record may be accessed by volunteer student workers and students working under a college
work-study program, as is necessary to enable them to perform their function.
</p><p>Release of information to the National Archives and Records Administration: A record from a
system of records may be disclosed as a routine use to the National Archives and Records
Administration (NARA) in records management inspections conducted under the authority of 44 U.S.C.
2904 and 2906.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>All information, except that specified in this paragraph, is recorded on basic
paper/cardboard material, and stored within manila file folders, within metal file cabinets,
electric file/card retrievers or safes. Some material is recorded and stored on magnetic tape, card
or other data processing type storage matter for reproduction later into conventional formats.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by the name of the person, case number or complaint number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information in the system is both confidential and nonconfidential and located in file
cabinets in the United States Attorney offices. Some materials are located in locked file drawers
and safes, and others in unlocked file drawers. Offices are locked during nonworking hours and are
secured by either Federal Protective Service, United States Postal Service, or private building
guards.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained and disposed of in accordance with Department of Justice retention
plans.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>System Manager for the system in each office is the Administrative Officer/Assistant, for
the U.S. Attorney for each district. (See attached appendix.)
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address inquiries to the System Manager for the judicial district in which the diversion
application or approval was made. (See attached appendix.)
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>The major part of the information maintained in this system is exempt from this requirement
under 5 U.S.C. 552a(j)(2), (k)(1) and/or (k)(2). To the extent that this system is not subject to
exemption, it is subject to access. A determination as to exemption shall be made at the time a
request for access is received. A request for access to a record from this system shall be made in
writing, with the envelope and the letter clearly marked "Privacy Access Request."  Include in the
request the name of the individual involved, his birth date and place, or any other identifying
number or information which may be of assistance in locating the record and the name of the case or
matter involved, if known. The requester shall also provide a return address for transmitting the
information. Access requests will be directed to the System Manager. (See attached appendix.)
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>The major part of the information maintained in this system is exempt from this requirement
under 5 U.S.C. 552a(j)(2), (k)(1) and/or (k)(2). To the extent that this system is not subject to
exemption, it is subject to contest. A determination as to exemption shall be made at the time a
request for contest is received. Individuals desiring to contest or amend information maintained in
the system should direct their request to the System Manager (see attached appendix) stating clearly
and concisely what information is being contested, the reasons for contesting it, and the proposed
amendment to the information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system include, but are not limited to
investigative reports of Federal, state and local law enforcement agencies; client agencies of the
Department of Justice; other non-Department of Justice investigative agencies; forensic reports;
statements of witnesses and parties; verbatim transcripts of Grand Jury and court proceedings; data;
memoranda and reports from the Court and agencies thereof; and the work product of Assistant United
States Attorneys, Department of Justice attorneys and staff, and legal assistants working on
particular cases.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>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), (g) and (h) of the Privacy Act pursuant
to 5 U.S.C. 552a(j)(2) and (k) (1) and (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 <i>Federal
Register</i>.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/USA-016</systemNumber>
<subsection type="systemName"> Assistant United States Attorney Applicant Records System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of the Deputy Attorney General, United States Department of Justice, 10th and
Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The system encompasses all applicants for Assistant United States Attorney positions.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system of records consists of records folders which may contain up to a total of four
sections. The personnel section contains records such as resumes, letters of recommendation, law
school grade transcripts, completed Civil Service forms, and related personnel matters. The
character section contains completed or portions of ongoing background investigations and matters
related thereto. The Congressional section contains Congressional and other political type
recommendations regarding appointment. The protest section contains correspondence, if any exists,
protesting the appointment of applicants. Rarely does a personnel folder contain more than the
personnel and character sections.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>These records are maintained pursuant to 5 U.S.C. 301.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>These records are used only by Department of Justice personnel for recruitment purposes.
However, the fact that the applicant was being considered would be made known to the references
supplied by the applicant and others contacted. Information about the applicant, as then known,
might be supplied to contacted individuals as necessary to verify already obtained information or to
seek elaboration of that information.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice 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><p>Release of information to Members of Congress: Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available 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.
</p><p>Release of information to the National Archives and Records Administration: A record from a
system of records may be disclosed as a routine use to the National Archives and Records
Administration (NARA) in records management inspections conducted under the authority of 44 U.S.C.
2904 and 2906.
</p><p>Release of information to civil or criminal law enforcement agencies: Information may be
disclosed to any civil or criminal law enforcement agency, whether Federal, State, local, or
foreign, which requires information relevant to a civil or criminal investigation.
</p><p>Release of information to agencies regarding the hiring or retention of employees; Information
may be disclosed to officials and employees of the White House or any Federal agency which requires
information relevant to an agency decision concerning the hiring, appointment, or retention of an
employee: the issuance of a security clearance; the execution of a security or suitability
investigation; the classification of a job; or the issuance of a grant or benefit.
</p><p>Release of information to Federal, State, and local licensing agencies: Information may be
disclosed to Federal, State, and local licensing agencies or association which require information
concerning the suitability or eligibility of an individual for a license or permit.
</p><p>Release of information before a court or adjudicative body: Information may be disclosed in a
proceeding before a court or adjudicative body before which the Office of the Deputy Attorney
General (ODAG) is authorized to appear when (a) ODAG, or any subdivision thereof or (b) any employee
of ODAG in his or her official capacity, or (c) any employee of ODAG in his or her individual
capacity where the Department of Justice has agreed to represent the employee, or (d) the United
States, where ODAG determines that the litigation is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such records are determined by ODAG to
be arguably relevant to the litigation.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>These records are stored in paper folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by use of the applicant’s name, as the folders are filed
alphabetically by name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>These records are maintained in cabinets stored in a locked room.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>These records are retained, in the case of applicants who are not offered positions, for two
years and then destroyed. If the applicant is offered a position and accepts it, his folder is
transferred to the Appointed Assistant United States Attorney Personnel System and retained as
specified therein.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Associate Deputy Attorney General, Office of the Deputy Attorney General, United States
Department of Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address all inquiries to the System Manager. These records will be exempted from subsections
(d)(1) and (e)(1) of section 552a, Title 5, United States Code, by the Attorney General under the
authority of 5 U.S.C. 552a(k)(5) to the extent therein permitted.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to non-exempt portions of records from this system should clearly be
directed orally or in writing to the Associate Deputy Attorney General. When requests are in
writing, the envelope and letter should be marked "Privacy Access Request."
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the Associate Deputy Attorney General, stating clearly and concisely what
information is being contested, the reasons for contesting it, and the proposed amendment(s) to the
information.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Non-exempt sources of information contained in this system include the individual,
government agencies as appropriate, and interested third parties.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (d)(1) and (e)(1) of the
Privacy Act pursuant to 5 U.S.C. 552a(k)(5). 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 <i>Federal
Register</i>.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/USA-017</systemNumber>
<subsection type="systemName"> Appointed Assistant United States Attorneys Personnel System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of the Deputy Attorney General, United States Department of Justice, 10th and
Constitution Avenue NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The system encompasses all Assistant United States Attorneys.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system of records consists of records folders which may contain up to a total of five
sections. The personnel section contains personnel records such as completed Civil Service forms,
letters of recommendation, law school grade transcripts, appointment letters, appointment
affidavits, bar affidavits, locator forms and personnel action forms. The character section contains
completed or portions of ongoing background investigations and matters related thereto. The
Congressional section contains Congressional and other political type recommendations regarding
appointment. The protest section contains correspondence, if any exists, protesting the appointment
of applicants. The complaint section contains correspondence from individuals or groups complaining
about office holders. Rarely does a personnel folder contain more than the personnel and character
sections.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>These records are maintained pursuant to 5 U.S.C 301.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>These records are used only by Department of Justice personnel. Information contained in a
folder may be used as the basis for answering future inquires from other government agencies about a
former assistant’s qualifications. The personnel section may be made available to other federal
agencies, at their request, upon the transfer of the assistant to such an agency.
</p><p>Release of information to the news media: Information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available from systems of records maintained by
the Department of Justice unless it is determined that release of the specific information in the
context of a particular case would constitute and unwarranted invasion of personal privacy.
</p><p>Release of information to Members of Congress: Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available to Member of Congress of 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.
</p><p>Release of information to the National Archives and Records Administration: A record from a
system of records may be disclosed as a routine use to the National Archives and Records
Administration (NARA) in records management inspections conducted under the authority of 44 U.S.C.
2904 and 2906.
</p><p>Release of information to civil or criminal law enforcement agencies: Information may be
disclosed to any civil or criminal law enforcement agency, whether Federal, State, local, or
foreign, which requires information relevant to a civil or criminal investigation.
</p><p>Release of information to agencies regarding the hiring or retention of employees: Information
may be disclosed to officials and employees of the White House or any Federal agency which requires
information relevant to an agency decision concerning the hiring, appointment, or retention of an
employee; the issuance of a security clearance; the execution of a security or suitability
investigation; the classification of a job; or the issuance of a grant or benefit.
</p><p>Release of information to Federal, State, and local licensing agencies: Information may be
disclosed to Federal, State, and local licensing agencies or associations which require information
concerning the suitability or eligibility of an individual for a license or permit.
</p><p>Release of information before a court or adjudicative body: Information may be disclosed in a
proceeding before a court or adjudicative body before which the Office of the Deputy Attorney
General (ODAG) is authorized to appear when (a) ODAG, or any subdivision thereof, or (b) any
employee of ODAG in his or her official capacity, or (c) any employee of ODAG in his or her
individual capacity where the Department of Justice has agreed to represent the employee, or (d) the
United States, where ODAG determines that the litigation is likely to affect it or any of its
subdivisions, is a party to litigation or has an interest in litigation and such records are
determined by ODAG to be arguably relevant to the litigation.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>These records are stored in paper folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by use of the assistant’s name, as the folders are filed
alphabetically by name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>These records are maintained in cabinets stored in a locked room.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>These records are retained until the subjects of the files resign or otherwise leave their
offices for non-federal government employment. In that instance, the personnel section is sent to
the St. Louis Records Center for an indefinite period. If the assistant transfers to another agency
of the federal government, the personnel section is sent to the gaining agency. All other sections
of the folder are destroyed six months after the assistant leaves office.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Associate Deputy Attorney General, Office of the Deputy Attorney General, United States
Department of Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address all inquiries to the System Manager. These records will be exempted from subsections
(d)(1) and (e)(1) of section 552a, Title 5, United States Code, by the Attorney General under the
authority of 5 U.S.C. 552a(k)(5) to the extent therein permitted.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to non-exempt portions of records from this system should be directed
orally or in writing to the System Manager. When requests are in writing, the envelope and letter
should clearly be marked `Privacy Access Request.’
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the System Manager, stating clearly and concisely what information is being
contested, the reasons for contesting it, and the proposed amendment(s) to the information.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system include the individuals, government agencies
as appropriate, and interested third parties.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted this system from subsections (d)(1) and (e)(1) of the
Privacy Act pursuant to 5 U.S.C. 552a(k)(5). 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 <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>

<section id="doj" toc="yes">
<systemNumber>/USM-001</systemNumber>
<subsection type="systemName">U.S. Marshals Service Badge &amp; Credentials File.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Limited official use.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Human Resources Division, United States Marshals Service, CS-3, Washington, DC 20530
-1000.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current and former U.S. Marshals Service (USMS) personnel, other federal employees, and
student volunteers or other workers when they are performing work for the USMS.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Personnel data system established to control issuance of badges and credentials to USMS
personnel which contains photographs of all employees and hand receipts showing the employee’s name,
title, duty location, badge and credential numbers, and date of issuance.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 301 and 44 U.S.C. 3101.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The Badge &amp; Credentials File system assists in controlling the issuance of badges and
credentials to USMS personnel which are used for identification purposes in the performance of
official duties.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>This file serves as a record of issuance of credentials. Information from this file may be
disclosed:
</p><p>(a) To any criminal, civil, or regulatory law enforcement authority (whether federal, state,
territorial, local, tribal, or foreign) where the information is relevant to the recipient entity’s
law enforcement responsibilities;
</p><p>(b) 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;
</p><p>(c) 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;
</p><p>(d) 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><p>(e) 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;
</p><p>(f) 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;
</p><p>(g) To an actual or potential party to litigation or the party’s authorized representative for
the purpose of negotiation or discussion of such matters as settlement, plea bargaining, or in
informal discovery proceedings;
</p><p>(h) Where a record, either alone or in conjunction with other information, indicates a violation
or potential violation of law--criminal, civil, or regulatory in nature--the relevant
records may be referred to the appropriate federal, state, territorial, local, tribal, or foreign
law enforcement authority or other appropriate entity charged with the responsibility for
investigating or prosecuting such violation or charged with enforcing or implementing such law;
</p><p>(i) 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.
</p><p>(j) To a former employee of the Department for purposes of: responding to an official inquiry by
a federal, state, territorial, 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;
</p><p>(k) To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.</p>
<p>(l) To another Federal agency or Federal entity, when the Department 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.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Records in this system are not appropriate for disclosure to consumer reporting agencies.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are kept in standard folders and kept electronically.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are indexed and retrieved by the individual’s name and numerical order of badges and
credentials.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access is restricted to personnel of the Background and Suitability Team, Human Resources
Division. Records are maintained in metal filing cabinets which are locked during non-duty hours.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are kept for duration of employee’s tenure in the service. Records are destroyed
when superseded or obsolete.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Director, Human Resources Division, United States Marshals Service, CS-3,
Washington, DC 20530-1000.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as "Record access procedures."
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to a record from this system shall be made in writing with the envelope
and the letter clearly marked "Privacy Act Request."  It should clearly indicate the name of
requester, the nature of the record sought and the approximate dates covered by the record. The
requester shall also provide the required verification of identity (28 CFR 16.41(d)) and provide a
return address for transmitting the information. Access requests will be directed to the System
Manager listed above, Attention: FOI/PA Officer.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the address of the System Manager listed above, Attention: FOI/PA Officer, stating
clearly and concisely what information is being contested, the reasons for contesting it, and the
proposed amendment to the information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Record of Notification of Employment by U.S. Marshals Service, Human Resources Division and
the individuals for whom the badges/credentials are made.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p>72 FR 33515, 516 (June 18, 2007): Last published in full.</p>
</xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/USM-002</systemNumber>
<subsection type="systemName">Internal Affairs System.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Limited Official Use.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>United States Marshals Service (USMS), Operations Support Division, CS-3, Washington,
DC 20530-1000.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>USMS employees reported for or investigated for alleged misconduct.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The Internal Affairs System contains statements of the investigator and witnesses, exhibits
and reports of investigations prepared by the Office of Inspection, USMS, on findings of alleged
misconduct of USMS employees, and records on the disposition of the investigation.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>28 U.S.C. 509 and 510; 5 U.S.C. 301; 44 U.S.C. 3101; and 28 CFR 0.111(n).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The Internal Affairs system is maintained in order to carry out the responsibility of
investigating allegations of improper conduct on the part of USMS employees, and to support adverse
personnel actions and proceedings which may result based on the findings of the investigation.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Records or information may be disclosed:
</p><p>(a) 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;
</p><p>(b) Where a record, either alone or in conjunction with other information, indicates a violation
or potential violation of law--criminal, civil, or regulatory in nature--the relevant
records may be referred to the appropriate federal, state, local, territorial, tribal, or foreign
law enforcement authority or other appropriate entity charged with the responsibility for
investigating or prosecuting such violation or charged with enforcing or implementing such law;
</p><p>(c) To any person or entity that the USMS Office of Internal Investigations has reason to believe
possesses information regarding a matter within the jurisdiction of the USMS Office of Internal
Investigations, to the extent deemed to be necessary by the Office in order to elicit such
information or cooperation from the recipient for use in the performance of an authorized activity;
</p><p>(d) 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;
</p><p>(e) 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;
</p><p>(f) 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;
</p><p>(g) 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><p>(h) 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;
</p><p>(i) 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;
</p><p>(j) To a former employee of the Department for purposes of: responding to an official inquiry by
a federal, state, territorial 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;
</p><p>(k) To an actual or potential party to litigation or the party’s authorized representative for
the purpose of negotiation or discussion of such matters as settlement, plea bargaining, or in
informal discovery proceedings.
</p><p>(l) To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.</p>
<p>(m) To another Federal agency or Federal entity, when the Department 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.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Records in this system are not appropriate for disclosure to consumer reporting agencies.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Originals stored in standard file folders. Duplicate copies are maintained on compact discs.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by the employee’s name and case file number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Records are stored in locked safe. Access to automated records is protected by user
identification and passwords.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are transferred to the Washington National Records Center three years after the case
or investigation is closed, and destroyed 10 years after the close of the case or investigation.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Chief, Office of Inspection, Operations Support Division, U.S. Marshals Service, CS-3,
Washington DC 20530-1000.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as the "Records access procedures."
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>To the extent that this system is not subject to exemption, it is subject to access and
contest. A determination as to exemption shall be made at the time a request for access is received.
A request for access to a record from this system shall be made in writing, with the envelope and
the letter clearly marked "Privacy Act Request."  It should clearly indicate name of the requester,
the nature of the record sought and approximate dates covered by the record. The requester shall
also provide the required verification of identity (28 CFR 16.41(d)) and provide a return address
for transmitting the information. Access requests will be directed to the System Manager listed
above, Attention: FOI/PA Officer.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the System Manager identified above, stating clearly and concisely what information
is being contested, the reason for contesting it, and the proposed amendment to the information
sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system are the individuals covered by the system,
individuals and entities contacted by investigators, and government records.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>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), (f) and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(k)
(2) and (k)(5). To the extent that investigations reveal actual or potential criminal or civil
violations, this system is additionally exempt from subsection (e)(8) of the Privacy Act pursuant to
5 U.S.C. 552(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 <i>Federal Register</i>. See 28 CFR 16.101.
</p></xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p>72 FR 33515, 517 (June 18, 2007): Last published in full.</p>
</xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/USM-004</systemNumber>
<subsection type="systemName">Special Deputation Files.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Limited Official Use.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>United States Marshals Service (USMS), Investigative Services Division, CS-4,
Washington, DC 20530-1000.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Federal, state and local law enforcement employees; physical security and personal
protection employees; USMS employees; and USMS contract personnel appointed to perform the functions
of Deputy U.S. Marshals.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Special Deputation files contain agency request letters, individual applications for special
deputation, notifications to local U.S. Marshal to swear in special deputies, copies of oath of
office and credentials of persons utilized as deputy marshals.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>28 CFR subpart T, 0.112, 28 U.S.C. 562.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The USMS is authorized to deputize selected persons to perform the functions of a Deputy
U.S. Marshal whenever the law enforcement needs of the USMS so require, to provide courtroom
security for the Federal judiciary, and as designated by the Associate Attorney General pursuant to
28 CFR 0.19(a)(3). USMS Special Deputation files serve as a centralized record of the special
deputations granted by the USMS to assist in tracking, controlling and monitoring the Special
Deputation Program. Routine uses of records maintained in the system, including categories of users
and the purposes of such uses: Records or information may be disclosed:
</p><p>(a) To a federal, state or local law enforcement agency regarding that agency’s USMS deputized
employees;
</p><p>(b) 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;
</p><p>(c) 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;
</p><p>(d) 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><p>(e) 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;
</p><p>(f) 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;
</p><p>(g) Where a record, either alone or in conjunction with other information, indicates a violation
or potential violation of law--criminal, civil, or regulatory in nature--the relevant
records may be referred to the appropriate federal, state, local, territorial, tribal, or foreign
law enforcement authority or other appropriate entity charged with the responsibility for
investigating or prosecuting such violation or charged with enforcing or implementing such law;
</p><p>(h) To an actual or potential party to litigation or the party’s authorized representative for
the purpose of negotiation or discussion of such matters as settlement, plea bargaining, or in
informal discovery proceedings;
</p><p>(i) 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;
</p><p>(j) A record may be disclosed to designated officers and employees of state, territorial, local
(including the District of Columbia), 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;
</p><p>(k) 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;
</p><p>(l) To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.</p>
<p>(m) To another Federal agency or Federal entity, when the Department 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.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Records in this system are not appropriate for disclosure to consumer reporting agencies.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are filed in standard file cabinets. Duplicate copies of paper records are stored on
magnetic discs.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Files are indexed by name and by government department.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Records are kept in a locked file. Computerized records are password protected.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are cut off annually upon expiration and destroyed when they are five years old.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Chief of Special Deputation Unit, Investigative Services Division, U.S. Marshals Service, CS
-4, Washington, DC 20530-1000.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as the "Records access procedures."
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to a record from this system shall be made in writing, with the
envelope and the letter clearly, marked "Privacy Act Request."  It should clearly indicate name of
the requester, the nature of the record sought and approximate dates covered by the record. The
requester shall also provide the required verification of identity (28 CFR 16.41(d)) and provide a
return address for transmitting the information. Access requests will be directed to the System
Manager listed above, Attention: FOI/PA Officer.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the System Manager identified above, stating clearly and concisely what information
is being contested, the reasons for contesting it and the proposed amendment to the information
sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information is derived from individual applicants and agencies requesting special
deputations.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p>72 FR 33515, 518 (June 18, 2007): Last published in full.</p>
</xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/USM-005</systemNumber>
<subsection type="systemName">U.S. Marshals Service Prisoner Processing and Population Management/Prisoner Tracking System
(PPM/PTS).
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Limited Official Use.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Primary System: Witness Security and Prisoner Operations, U.S. Marshals
Service, 11th Floor, CS-4, Washington, DC 20530-1000.
</p><p>Decentralized Segments: Each district office of the U.S. Marshals Service (USMS) maintains only
files on prisoners taken into custody of the U.S. Marshal for the respective district. The addresses
of USMS district offices are on the Internet at (<i>http://www.usmarshals.gov</i>).
</p><p>Centralized Segment: The Contractor with whom the USMS has contracted to establish and manage a
nationwide integrated health care delivery system and to process and pay medical claims will
maintain a single site for appropriate paper documents (e.g., invoices) and automated files online
related to these activities (e.g., names and addresses of hospitals, physicians and other health
care providers and support service systems).
</p><p>Medical Records: Records generated by community physicians, hospitals, and ancillary support
service systems developed by the Contractor as participants in the Preferred Provider Network (PPN)
to deliver health care services for USMS prisoners are maintained by the respective offices of these
licensed providers. Addresses of these licensed providers may be obtained by contacting the USMS
Office of Interagency Medical Services (OIMS), Prisoner Services Division at the address above.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Arrestees, fugitives, prisoners, and
other individuals under custody of the USMS and prisoner health care services providers under the
USMS Managed Health Care Contract.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Any and all information necessary to complete
administrative processes, safekeeping, health care, and disposition of individual Federal prisoners
who are in custody pending criminal proceedings, together with any law enforcement related records
generated during such custody. Records include a compilation of basic information on each individual
taken into the U.S. Marshals Service’s custody including identifying data, reason for U.S. Marshal
custody (e.g., Federal indictment, complaint, or writ), the court disposition of charges, custody
dates, and institutions to which individuals are committed or housed. The records also encompass
Form USM-129, Prisoner Custody, Detention and Disposition Record (formerly DJ-100);
prisoner photograph; personal history statement; fingerprint card; identification record; detainer
notice; speedy trial notice; prisoner remand or order to deliver prisoner, and receipt for U.S.
prisoner; property receipt; court records including writs, bail/bond release information, judgment
and commitment and other court orders; prisoner alert notice; prisoner complaints or serious
incident reports (and related investigatory information) filed by either the prisoner or by
officials or by other individuals at the institution where the prisoner is housed and covering a
wide range of potentially serious issues, e.g., medical treatment of prisoners, and attempted
escapes or alleged prisoner misconduct or criminal activity; designation requests to Bureau of
Prisons (BOP) and BOP responses; information identifiable to informants, protected witnesses, and
confidential sources; access codes and data entry codes and message routing symbols used to
communicate with law enforcement officials regarding the custody and safekeeping of prisoners; and
prisoner transportation requests to the Prisoner Transportation Division (and any related records)
which may include sensitive security data. Medical records included in this system consist of
nurses’ notes of medical problems, diagnosis, treatment recommended; names of health care providers
at the housing unit, social workers, attorneys, family members and USMS contact personnel; special
issue or treatment notices; names and addresses of community treatment facilities, physicians and
other community health care providers and support service systems, dates of service, provider tax
identification numbers; medical care given, cost of care, and billing records. Medical records
generated by health care providers may be included in this system of records, as necessary for
continuity of care/appropriate care or infectious disease control.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>18 U.S.C. 3149, 3193, 3604, 3621, 4002, 4006,
4086, 4285; 28 U.S.C. 509, 510, 568, 569; 5 U.S.C. 301; 44 U.S.C. 3101; and 28 CFR 0.111.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The Prisoner Processing and Population Management/Prisoner Tracking System
(PPM/PTS) is maintained to cover law enforcement and security related records which are generated in
the local USMS district offices in connection with the processing, safekeeping, and disposition of
individuals in USMS’s custody. Medical records included in this system assist consultation and
coordination between the USMS district office, the housing unit, treatment facility, health care
provider, transportation facility, and other Federal agencies, e.g., BOP, to ensure that prisoners
in custody of the U.S. Marshals are given proper treatment. Through USMS nursing staff, districts
are assisted in determining medical treatment necessary while the prisoner is in custody of the U.S.
Marshal and in ensuring the prisoner’s medical clearance for travel.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Records or information may be disclosed:
</p><p>(a) To other federal, state, local or foreign law enforcement agencies; contractors and/or
subcontractors; contract detention or medical facilities; and health care providers to protect and
ensure the safety and/or health of prisoners, the public, and law enforcement officials; to ensure
fair and proper treatment of prisoners during custody and transfer of custody; to assist the USMS in
pursuing any necessary inquiry/investigation of complaints, alleged misconduct or criminal activity;
to process and pay medical claims; and to perform evaluation duties. For example, relevant records
or information may be disclosed to secure the safe and efficient transfer of prisoners to other
jurisdictions, to court appearances, or to the designated institution for service of sentence; to
ensure that appropriate credit for time in custody is given; that appropriate medical treatment is
provided; that all rights of the prisoner, whether statutory, humanitarian, or otherwise, are
provided and protected; and to elicit information from which to initiate an inquiry/investigation
and/or respond to prisoner complaints and reports of alleged misconduct or criminal activity; or,
conversely, to enable those entities to respond to, or provide information relating to, such
prisoner complaints or reports of misconduct or criminal activity;
</p><p>(b) To any criminal, civil, or regulatory law enforcement authority (whether federal, state,
territorial, local, tribal, or foreign) where the information is relevant to the recipient entity’s
law enforcement responsibilities.
</p><p>(c) 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;
</p><p>(d) To an actual or potential party to litigation or the party’s authorized representative for
the purpose of negotiation or discussion of such matters as settlement, plea bargaining, or in
informal discovery proceedings;
</p><p>(e) 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><p>(f) 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;
</p><p>(g) 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;
</p><p>(h) To federal, state, territorial, local, tribal, foreign or international licensing agencies or
associations which require information concerning the suitability or eligibility of an individual
for a license or permit;
</p><p>(i) A record may be disclosed to designated officers and employees of state, territorial, local
(including the District of Columbia), 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;
</p><p>(j) 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;
</p><p>(k) To a former employee of the Department for purposes of: responding to an official inquiry by
a federal, state, territorial, 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;
</p><p>(l) To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.</p>
<p>(m) To another Federal agency or Federal entity, when the Department 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information is stored in standard file cabinets. Duplicate copies of certain paper and
electronic records are stored on magnetic discs.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by name and/or number of individual in custody, and/or health care
provider. Records retrieved by name or number of health care provider will consist of the provider’s
address, name and number of prisoners treated, claim number, dates of service, nature of service,
amount billed, USMS amount allowed, amount saved, and percentage saved.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Paper records are stored in locked files. Access to computerized data is restricted through
user identification and discrete password functions. In addition, USMS district and headquarters
offices are secured behind locked doors around the clock and access is restricted to USMS personnel
with official identification.
</p><p>All USMS contractors must have personnel security clearances commensurate with the highest level
of information processed by the system, in this case Limited Official Use. Encryption technology
shall be applied to passwords and symmetric or private asymmetric keys, activities of a system
administrator or for system maintenance, and information stored on laptop computers. All information
technology systems within a component are subject to the certification and accreditation process.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>General prisoner records are kept in active files until a prisoner has been transferred from
the custody of USMS. After a prisoner leaves USMS custody, the file is closed, and at the end of the
year, closed files are separated from active files. Closed files are maintained for one year after
separation, then are transferred to a Federal Records Center, and are destroyed after 10 years, or
sooner, if ordered by the Court. This does not apply to records maintained by the Contractor, which
are discussed below.
</p><p>The Contractor will maintain all appropriate paper documents (i.e., invoices, etc.) and automated
online files for the duration of the contract performance. Computer storage media containing Limited
Official Use information will be overwritten or degaussed prior to release of the storage media
outside the USMS. At the end of the contract, the contractor shall turn over all paper documents and
automated files of the database offline to the USMS within two weeks of contract expiration. All
paper documents and automated files of the database will be maintained in accordance with the
General Records Schedule 6, Item 1a (Accountable Officers’ Files), as published by NARA, unless a
longer retention period is necessary because of pending administrative or judicial proceedings.
</p><p>The retention and disposal procedures for this system of records are in accordance with the NARA
disposition authority for the USMS which is NI 527-99-1, or the General Records Schedule
as appropriate.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Director, Witness Security and Prisoner Operations, United States Marshals
Service, 11th Floor, CS-4, Washington, DC 20530-1000.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as "Record access procedures."
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Requests for access must be in writing and should be addressed to the System Manager named
above, Attention: FOI/PA Officer. The envelope and 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, 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.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the system manager listed above, Attention: FOI/PA Officer, stating clearly and
concisely the identifying information required above in "Record access procedures" , what
information is being contested, the reasons for contesting it, and the proposed amendment to the
information sought. 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.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information is received from the individual in custody; the courts, federal, state,
territorial, local, tribal and foreign law enforcement agencies and personnel; witnesses; and
medical care professionals and/or facilities.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3) and (4), (d), (e)(1),
(2), (3), (e)(5) and (e)(8) 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 <i>Federal Register</i>. The rules are codified at 28 CFR 16.101(q) and (r).
</p></xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p>72 FR 33515, 519 (June 18, 2007): Last published in full.</p>
</xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/USM-006</systemNumber>
<subsection type="systemName">United States Marshals Service Training Files.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Limited official use.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>a. Primary system: Human Resources Division, United States Marshals Service, CS-3,
Washington, DC 20530-1000.
</p><p>b. Decentralized segments: Individual training files and the Fitness in Total (FIT) Program
training assessment files, identified as items (1) and (3) under "Categories of Records in the
System,"  are located also at the USMS Training Academy, Department of Justice, Building 70, Glynco,
Georgia 31524. Each district office of the USMS maintains FIT files only on their respective
participants in the FIT Program. The addresses of USMS district offices are on the Internet (<i
>http://www.usdoj.gov/marshals/usmsofc.html</i>).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Trainees hired as Deputy U.S. Marshals and Deputy U.S. Marshals.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>(1) Individual training files contain information on the individual’s educational background
and employee training history, and an individual career development plan; (2) skills files identify
languages and other special skills possessed by the individual USMS employee; and (3) individual FIT
Program training assessment files contain records on physical and medical examinations, blood tests,
health histories, physical assessments, and administrative records on participation, goal setting
and progress while in the program. The Certificate of Medical Examination (SF-78) is
maintained in the primary system at USMS headquarters only unless obtained and placed in the
district file by the individual FIT participant.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>28 U.S.C. 509, 510, and 569; 5 U.S.C. 301; 44 U.S.C. 3101; and 28 CFR 0.111(h).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>Individual training files are used to make employment, promotion, or retention
determinations for all Deputy U.S. Marshals; to develop training histories; and to determine
training and/or promotion eligibility. In addition, FIT Program training assessment files are used
to make hiring/retention determinations for Deputy U.S. Marshal personnel entering on duty as of
July 1, 1984 and later; to determine employees’ eligibility to participate in the program; to tailor
an individual fitness program for each employee; to chart employee progress in the program; to
determine the need for and to chart progress toward weight reduction; to develop physical fitness
standards for performance appraisal purposes; and to examine statistically the physical fitness
level of the USMS workforce against law enforcement populations and the general population of the
United States. Skills files are used to identify special skills and language abilities possessed by
personnel to aid in staffing special assignments which require such skills.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Records or information may be disclosed as a routine use:
</p><p>(a) 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;
</p><p>(b) 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;
</p><p>(c) 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;
</p><p>(d) 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><p>(e) 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;
</p><p>(f) 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;
</p><p>(g) To an actual or potential party to litigation or the party’s authorized representative for
the purpose of negotiation or discussion of such matters as settlement, plea bargaining, or in
informal discovery proceedings;
</p><p>(h) A record may be disclosed to designated officers and employees of state, territorial, local
(including the District of Columbia), 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;
</p><p>(i) 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;
</p><p>(j) To a former employee of the Department for purposes of: responding to an official inquiry by
a federal, state, territorial, 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;
</p><p>(k) To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.</p>
<p>(l) To another Federal agency or Federal entity, when the Department 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.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Records in this system are not appropriate for disclosure to consumer reporting agencies.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Originals of paper records contained in this system are kept in standard file cabinets.
Skills files, summaries of FIT Program training assessment records, and duplicates of paper records
are stored on magnetic discs.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by the employee’s name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Records are maintained in metal filing cabinets which are locked during non-duty hours.
Entry to headquarters is restricted by 24-hour guard service to employees with official and
electronic identification. Entry to the Training Academy and district offices is restricted
generally to trainees/employees with official identification. Access to computerized records in this
system is restricted to the responsible headquarters employees by assigned code.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Files are maintained for five (5) years then the magnetic disks are erased and paper records
are archived in the Federal Records Center and destroyed when 20 years old, unless the employee
leaves the USMS at which time paper records are transferred to another agency, or sent to the OPM
records center.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Director, Human Resources Division, USMS, CS-3, Washington, DC 20530-
1000.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as "Record access procedures."
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Make all requests for access in writing and clearly mark letter and envelope "Freedom of
Information Act/Privacy Act Request."  Clearly indicate name of the requester, nature of the record
sought, approximate dates of the records, and provide the required verification of identity (28 CFR
16.41(d)). Direct all requests to the system manager identified above, Attention: FOI/PA Officer,
and provide a return address for transmitting the information.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Direct all requests to contest or amend information to the system manager listed above.
State clearly and concisely the information being contested, the reasons for contesting it, and the
proposed amendment to the information sought. Clearly mark the letter and envelope "Freedom of
Information Act/Privacy Act Request."
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information contained in this system is collected from the individual, training personnel,
the Combined Federal Law Enforcement Training Academy, examining physicians, fitness coordinators,
and personnel records.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p>72 FR 33515, 522 (June 18, 2007): Last published in full.</p>
</xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/USM-007</systemNumber>
<subsection type="systemName">Warrant Information Network (WIN).
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Limited Official Use.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p><i>Primary System:</i> Investigative Services Division, U.S. Marshals Service (USMS), CS
-4, Washington, DC 20530-1000.
</p><p><i>Decentralized Segments:</i> Each district office of the USMS maintains their own files. The
addresses of USMS district offices are available on the Internet at <i>
http://www.usdoj.gov/marshals/usmsofc.html.</i>
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals for whom federal warrants have been issued; individuals for whom State or local
warrants have been issued when the warrant is part of a USMS sponsored multi-agency task force;
individuals suspected in a state’s case that has been adopted by a USMS-sponsored task force;
individuals for whom the USMS is conducting a criminal investigation or aiding in a criminal
investigation by another law enforcement agency; missing persons, including children, for whom the
USMS is conducting an investigation or aiding in a criminal investigation by another law enforcement
agency; individuals, and their associates, who are the subject of, and who may provide information,
assistance or leads in USMS fugitive, criminal, or missing persons investigations.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Computerized records in this system consist of information pertaining to a warrant such as
dates, issuing federal district, nature of the offense, investigative notes, information related to
subjects, including biographical data, physical description, and criminal history, and a subject’s
association with other individuals, dangerous gangs, extremist groups, or other organizations;
information concerning criminal and/or missing persons investigations, such as the evidence
collected in support of criminal and/or missing persons investigations, the nature of the crime,
investigative reports, investigative notes, biographical data relating to the investigation’s
subject and the subject’s associates. Information on associates includes physical description,
photographs, numerical identifiers, addresses, driver’s license information and investigative
information furnished by other federal, state or local law enforcement or other government agencies
and non-government sources. In addition to the abbreviated data described above, the complete file
contains the warrant and other court records and internal correspondence relating to the warrant;
photographs; wanted flyers/posters; and investigative reports reflecting patterns of activity,
leads, witnesses’ and other persons’ statements. Investigative reports and criminal record
information from other federal, state, local, and foreign law enforcement agencies participating in
or cooperating with USMS fugitive, criminal, or missing person investigations and apprehension
efforts are also included in this system.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>28 U.S.C. 509, 510, and 561 <i>et seq.</i>; 28 CFR 0.111(a) and (q).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The USMS is responsible for ensuring the judicial system’s effective operation through the
execution of federal arrest warrants, parole violator warrants, federal custodial and extradition
warrants, and by investigating fugitive, criminal, and missing person matters. The WIN system
facilitates the efficient management and administration of warrant executions and USMS fugitive,
criminal and missing person investigations through the collection, flow, analysis, dissemination and
maintenance of records and information necessary to accomplish these missions.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Records or information may be disclosed:
</p><p>(a) To public and private organizations, individuals, and federal, state, territorial, local
and foreign agencies to the extent necessary to obtain information or cooperation in USMS
investigations and apprehension efforts;
</p><p>(b) To any criminal, civil, or regulatory law enforcement authority (whether federal, state,
territorial, local, tribal, or foreign) where the information is relevant to the recipient entity’s
law enforcement responsibilities;
</p><p>(c) 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;
</p><p>(d) In an appropriate proceeding before a court, 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;
</p><p>(e) 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><p>(f) 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;
</p><p>(g) 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;
</p><p>(h) To an actual or potential party to litigation or the party’s authorized representative for
the purpose of negotiation or discussion of such matters as settlement, plea bargaining, or in
informal discovery proceedings;
</p><p>(i) To federal, state, territorial, local, tribal, foreign, or international licensing agencies
or associations which require information concerning the suitability or eligibility of an individual
for a license or permit;
</p><p>(j) A record may be disclosed to designated officers and employees of state, territorial, local
(including the District of Columbia), 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;
</p><p>(k) 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.
</p><p>(l) To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.</p>
<p>(m) To another Federal agency or Federal entity, when the Department 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.
</p><p><i>Disclosure to Consumer Reporting Agencies:</i> Not Applicable.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are stored in standard file folders. Duplicate copies of paper records are stored on
magnetic discs.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by individual names or identifying numbers.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Except as otherwise noted in paragraph (b) under "Routine uses,"  access is restricted to
personnel in the Investigative Services Division and in each USMS district office. Access to
computerized records is safeguarded by user identification and password restrictions. Paper records
are maintained in filing cabinets within supervised areas of the U.S. Marshals’ offices. District
and headquarters offices are locked during working and non-duty hours and entry is restricted to
employees with official identification.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are kept in an operating file until warrant is executed and then transferred to a
closed file. Closed files are retained for one year after file is closed, then transferred to the
Federal Records Center and destroyed after 55 years. Computerized records are retained indefinitely
as an operating file or as a closed case file.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Director, Investigative Services Division, U.S. Marshals Service, CS-4,
Washington, DC 20530-1000.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as "Record access procedures."
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Make all requests for access in writing and clearly mark the letter and envelope "Freedom of
Information/Privacy Act Request."  Clearly indicate the name of the requester, nature of the record
sought, approximate date of the record, and provide the required verification of identity (28 CFR
16.41(d)). Direct all requests to the system manager identified above, Attention: FOI/PA Officer,
and provide a return address for transmitting the information.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Direct all requests to contest or amend information to the system manager identified above.
State clearly and concisely the information being contested, the reason for contesting it, and the
proposed amendment to the information sought. Clearly mark the envelope "Freedom of
Information/Privacy Act Request."
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information is obtained from the courts, federal, state, local and foreign law enforcement
agencies, public and private organizations, commercial information resellers, witnesses, informants,
and other persons interviewed during the course of the fugitive, criminal, or missing person
investigations.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>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), (e)(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 <i>Federal Register</i>. See 28 CFR 16.101.
</p></xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p>72 FR 9777 (March 5, 2007): Last published in full.</p>
</xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/USM-008</systemNumber>
<subsection type="systemName">Witness Security Files Information System.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Limited Official Use.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Witness Security and Prisoner Operations, United States Marshals Service (USMS), CS-4,
Washington, DC 20530-1000.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Government witnesses or potential witnesses and their families authorized to participate in
the Witness Security Program.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system contains requests to enter the Witness Security Program, authorizations to enter
the program, identifying and background information on the witness and/or the witness’s family,
funding information, and moving information.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>28 U.S.C. 509, 510, 524, and 561 et seq.; 5 U.S.C. 301; 44 U.S.C. 3101; 28 CFR 0.111(c); 18
U.S.C. 3521.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The USMS provides for the security, health and safety of government witnesses and their
immediate dependants whose lives are in danger as a result of their testimony against organized
crime, drug traffickers, terrorists and other major criminals. The Witness Security Files are used
to plan and accomplish the major functions involved in the protection of government witnesses and
their families.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Records or information may be disclosed as follows:
</p><p>(a) 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;
</p><p>(b) 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><p>(c) 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;
</p><p>(d) Where a record, either alone or in conjunction with other information, indicates a violation
or potential violation of law--criminal, civil, or regulatory in nature--the relevant
records may be referred to the appropriate federal, state, territorial, local, tribal, or foreign
law enforcement authority or other appropriate entity charged with the responsibility for
investigating or prosecuting such violation or charged with enforcing or implementing such law;
</p><p>(e) To an actual or potential party to litigation or the party’s authorized representative for
the purpose of negotiation or discussion of such matters as settlement, plea bargaining, or in
informal discovery proceedings;
</p><p>(f) 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;
</p><p>(g) 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;
</p><p>(h) 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;
</p><p>(i) To any criminal, civil, or regulatory law enforcement authority (whether federal, state,
territorial, local, tribal, or foreign) where the information is relevant to the recipient entity’s
law enforcement responsibilities;
</p><p>(j) To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.</p>
<p>(k) To another Federal agency or Federal entity, when the Department 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.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Records in this system are not appropriate for disclosure to consumer reporting agencies.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are kept in file folders and in a computerized database.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Filed and retrieved by special ID number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access is restricted to Witness Security personnel using locks and alarm devices, passwords
and/or encrypting data communications. The records are located in a restricted area of USMS
Headquarters under 24-hour guard protection with entry controlled by official and electronic
identification.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Witness case files will be closed upon witness termination from the Witness Security Program
and retained in the custody of the USMS for 15 years, thereafter they will be transferred to the
Federal Records Center and destroyed 75 years after termination. Financial records are destroyed
after three years and three months in accordance with General Records Schedules 6, 7 and 8.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Witness Security and Prisoner Operations, U.S. Marshals Service, CS-4, Washington, DC
20530-1000.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as the "Record access procedures."
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Make all requests for access in writing and clearly mark letter and envelope "Privacy Act
Request."  Clearly indicate name of the requester, nature of the record sought, approximate dates of
the record, and provide the required verification of identity (28 CFR 16.41(d)). Direct all requests
to the system manager identified above, Attention: FOI/PA Officer, and provide a return address for
transmitting the information.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Direct all requests to contest or amend information to the system manager listed above.
State clearly and concisely the information being contested, the reasons for contesting it, and the
proposed amendment to the information sought. Clearly mark the letter and envelope "Privacy Act
Request."
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information is provided by the witnesses and their families, the court, federal, state,
territorial, local, tribal and foreign law enforcement agencies, and medical personnel.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3) and (4), (d), (e)(2)
and (3), (e)(4)(G) and (H), (e)(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 <i>Federal Register</i>. See 28 CFR 16.101.
</p></xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p>72 FR 33515, 523 (June 18, 2007): Last published in full.</p>
</xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/USM-009</systemNumber>
<subsection type="systemName">Inappropriate Communications/Threat Information System.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Limited Official Use.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Primary System: Investigative Services Division, U.S. Marshals Service (USMS), CS-4,
Washington, DC 20530-1000.
</p><p>Decentralized Segments: Each district office of the USMS maintains their own files. The addresses
of USMS district offices are available on the Internet at <i>
http://www.usdoj.gov/marshals/usmsofc.html.</i>
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals who have inappropriately communicated with, directly threatened, or pose a
threat to USMS protectees, including federal judges, prosecutors, and other court officials. U.S.
Marshals, deputies and other law enforcement officers, courtroom security, and federal property and
buildings; associates of the threat or inappropriate communication initiator; and individuals
reported by state or local agencies to the USMS who have threatened to harm state or local judicial
officials.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Manual and automated records which consist of information related to the inappropriate
communication or threat, including type of communication, the means by which it was issued, and
information contained in the communication such as dates, locations, and events; analysis of the
communication or threat and other internal USMS correspondence relating to the communication;
biographical data including physical description, photograph, and criminal history information
--in particular, known history of violence and skills related to the nature of the threat;
investigative information including associations with other individuals and dangerous gangs,
extremist groups, or other organizations; information on associates including physical descriptions,
photographs, numerical identifiers, addresses, driver’s license information; and investigative
information furnished by other federal, state, territorial, tribal, and local law enforcement or
other government agencies and non-government sources.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>28 U.S.C. 509, 510, and 561 <i>et seq.</i>; 5 U.S.C. 301; 44 U.S.C. 3101; and 28 CFR 111(c)
through (f).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The USMS is required to protect government witnesses, U.S. Attorneys and their assistants,
federal jurists and other court officers; to provide for courtroom security; and to assist in
protecting federal property and buildings. The USMS also conducts Federal law enforcement activities
itself, <i>e.g.</i>, warrant apprehension investigations, which subject its officers to security
danger. These operations require acquiring information to allow an accurate assessment of the
existence and extent of the dangers posed, including specific threats, to aid in responding to
specific security assignments and needs, as well as developing protective measures and plans in
advance. With the information collected, officials determine and carry out operating plans, funding,
personnel, and any special resources needed to counteract threat situations.
</p><p>Individuals reported by State and local agencies to the USMS who have threatened to harm state or
local judicial officials often appear before the federal bar as a result of appeals, civil rights
suits, continuing criminal behavior, etc. Such individuals may continue their inappropriate
communications or threats at the federal level. In that event, information concerning these
individuals provided by the state and local agencies assists the USMS in assessing the dangers they
pose to federal officials and in developing protective measures and responding to specific security
requirements. This information also assists in researching inappropriate communications directed
toward judicial officials of all jurisdictions to gain a full and comprehensive picture of the
diverse circumstances involved, to analyze trends based upon a statistically reliable study, and to
more fully address the problem.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Records or information may be disclosed:
</p><p>(a) Where a record, either alone or in conjunction with other information, indicates a violation
or potential violation of law--criminal, civil, or regulatory in nature--the relevant
records may be referred to the appropriate federal, state, territorial, local, tribal, or foreign
law enforcement authority or other appropriate entity charged with the responsibility for
investigating or prosecuting such violation or charged with enforcing or implementing such law;
</p><p>(b) To other law enforcement agencies to develop protective measures where a specific threat is
posed to their members; and to an individual or organization where the recipient is or could become
the target of a specific threat;
</p><p>(c) 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;
</p><p>(d) 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><p>(e) 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;
</p><p>(f) 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;
</p><p>(g) To an actual or potential party to litigation or the party’s authorized representative for
the purpose of negotiation or discussion of such matters as settlement, plea bargaining, or in
informal discovery proceedings;
</p><p>(h) To federal, state, territorial, local, tribal, foreign, or international licensing agencies
or associations which require information concerning the suitability or eligibility of an individual
for a license or permit;
</p><p>(i) A record may be disclosed to designated officers and employees of state, local (including the
District of Columbia), 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;
</p><p>(j) 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;
</p><p>(k) 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;
</p><p>(l) To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.</p>
    <p>(m) To another Federal agency or Federal entity, when the Department 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Paper records are kept in file folders. Duplicate copies of paper records are stored on
magnetic discs.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by name and identifying number or a combination of the name and
number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Except as otherwise noted in paragraphs (a) and (b) under "Routine uses,"  access to
computerized records is restricted to personnel in the Investigative Services Division and in each
district office by user identification and password. Paper records are maintained in filing cabinets
within supervised areas. District and headquarters offices are locked during working and non-duty
hours and entry is restricted to employees with official identification.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Headquarters files are destroyed one year after the initiator of the threat or inappropriate
communication is no longer active or the case has been closed. District files are destroyed five
years after the initiator of the threat or inappropriate communication is no longer active or the
case has been closed.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Director, Investigative Services Division, U.S. Marshals Service, CS-4,
Washington, DC 20530-1000.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as "Record access procedure."
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Make all requests for access in writing and clearly mark letter and envelope "Freedom of
Information/Privacy Act Request."  Clearly indicate name of the requester, nature of the record
sought, approximate date of the record, and provide the required verification of identity (28 CFR
16.41(d)). Direct all requests to the system manager identified above, Attention: FOI/PA Officer,
and provide a return address for transmitting the information.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Direct all requests to contest or amend information to the system manager identified above.
State clearly and concisely the information being contested, the reason for contesting it, and the
proposed amendment to the information sought. Clearly mark the letter and envelope "Freedom of
Information/Privacy Act Request."
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information is obtained from public and confidential sources, the threat or inappropriate
communication initiator, and from federal, state and local law enforcement agencies.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>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), (e)(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 <i>Federal Register.</i> See 28 CFR 16.101.
</p></xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p>72 FR 33515, 524 (June 18, 2007): Last published in full.</p>
</xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/USM-010</systemNumber>
<subsection type="systemName">Judicial Facility Security Index System.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Limited Official Use.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Judicial Security Division, United States Marshals Service (USMS), CS-3, Washington,
DC 20530-1000.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals employed, or offered employment as contract court security officers (CSO’s) by
companies contracting with the USMS to provide judicial area security in federal courthouses and
USMS facilities.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>An alphabetical index contains the name, date of birth and social security number of the
CSO, name of the contracting security firm (employer), completion dates and cost data for limited
background investigation and orientation, district of employment, dates contract performance started
and ended, posts and hours of duty and the status of employment, i.e., active or inactive. For
inactive CSO’s, the index contains the reason for inaction, e.g., CSO resigned; applicant rejected
based on the preliminary records check; CSO removed based on Office of Personnel Management (OPM)
background investigation; etc. In addition to providing abbreviated data, the index assists in
locating records on the CSO related to the initial screening process for eligibility, e.g.,
application and preliminary checks for arrest records, which are filed under the contract number and
name of the contracting security firm (employer). The index also assists in locating files
containing OPM reports on the limited background investigation and internal suitability memoranda
which are segregated by categories "active"  and "inactive."
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>28 U.S.C. 509, 510 and 561 <i>et seq.;</i> 5 U.S.C. 301; 44 U.S.C. 3101 and 28 CFR 0.111.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The USMS administers and implements courtroom security requirements for the federal
judiciary and provides assistance in the protection of federal property and buildings. The Judicial
Facility Security Program provides uniformed security officers and security systems and equipment
for judicial area security in federal courthouses throughout the country. It is funded by the
Judiciary through the Administrative Office of the U.S. Courts (AOUSC) and is managed by the USMS.
This system of records is used to make security/suitability determinations in the hiring of CSO’s,
to monitor orientation and training, to track costs related to background investigations and
attendance at Government-sponsored orientation, and to monitor contractor performance. It enables
program officers to compile data for reports to AOUSC on actual and projected expenses, to list
CSO’s, their posts and hours of duty, and to determine turnover and reemployment ratios among CSO’s.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Records may be disclosed as follows:
</p><p>(a) To any criminal, civil, or regulatory law enforcement authority (whether federal, state,
territorial, local, tribal, or foreign) where the information is relevant to the recipient entity’s
law enforcement responsibilities;
</p><p>(b) 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;
</p><p>(c) 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><p>(d) 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;
</p><p>(e) 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;
</p><p>(f) To an actual or potential party to litigation or the party’s authorized representative for
the purpose of negotiation or discussion of such matters as settlement, plea bargaining, or in
informal discovery proceedings;
</p><p>(g) 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;
</p><p>(h) A record may be disclosed to designated officers and employees of state, territorial, local
(including the District of Columbia), 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;
</p><p>(i) 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;
</p><p>(j) To a former employee of the Department for purposes of: responding to an official inquiry by
a federal, state, territorial, 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;
</p><p>(k) To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.</p>
<p>(l) To another Federal agency or Federal entity, when the Department 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.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Records in this system are not appropriate for disclosure to consumer reporting agencies.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>An index record is stored on magnetic disks and original paper records are kept in file
folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by name of the contract CSO or contractor.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Records are stored in locked metal filing cabinets during off-duty hours. Access to
computerized records is controlled by restricted code to personnel on a need-to-know basis. Entry to
USMS Headquarters is restricted by 24-hour guard service to employees with official and electronic
identification.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained indefinitely until a detailed records retention plan and disposal
schedule is developed by the National Archives and Records Administration and the USMS.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Chief, Judicial Facility Security Program, Judicial Security Division, U.S. Marshals
Service, CS-3, Washington, DC 20530-1000.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as the "Record access procedures."
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Make all requests for access in writing and clearly mark the letter and envelope "Freedom of
Information/Privacy Act Request."  Clearly indicate name of the requester, nature of the record
sought, approximate dates of the record, and provide the required verification of identity (28 CFR
16.41(d)). Direct all requests to the system manager identified above, Attention: FOI/PA Officer,
and provide a return address for transmitting the information.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Direct all requests to contest or amend information to the system manager listed above.
State clearly and concisely the information being contested, the reasons for contesting it, and the
proposed amendment to the information sought. Clearly mark the letter and envelope "Freedom of
Information/Privacy Act Request."
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information contained in this system is collected from the individual, USMS orientation
records, other law enforcement agencies, OPM and from the contractor (employer).
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>The Attorney General has exempted this system from subsections (c)(3) and (d) of the Privacy
Act pursuant to 5 U.S.C. 552a(k)(5). 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 <i>Federal Register</i>. See 28 CFR
16.101.
</p></xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p>72 FR 33515, 526 (June 18, 2007): Last published in full.</p>
</xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/USM-011</systemNumber>
<subsection type="systemName">Judicial Protection Information System.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Limited Official Use.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Primary System: Judicial Security Division, United States Marshals Service (USMS), CS-
3, Washington, DC 20530-1000.
</p><p>Decentralized Segments: Each USMS district office maintains their own files. The addresses of the
USMS district offices are available on the Internet at <i>http://www.usdoj.gov/marshals/usmsofc.html
</i>.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals who have been directly threatened or are subject to violent threat by virtue of
their responsibilities within the judicial system, e.g., U.S. Attorneys and their assistants,
federal jurists and other court officials.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Manual and automated indices contain abbreviated data, e.g., case number, name of protected
subject, name of control district and district number, an indication of the type and source of
threat, and the means by which the threat was made. In addition to the abbreviated data named above,
the complete file may contain descriptive physical data of the protectee, and other information to
identify security risks and plan protective measures in advance of or during periods of active
protection, e.g., individual practices and routines, including associational memberships.
Information regarding the expenditure of funds and allocation of resources assigned to the protectee
may also be included in the file to enable officials to develop operating plans to counteract threat
situations.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>28 U.S.C. 509, 510 and 561 <i>et seq.</i>, 5 U.S.C. 301; 44 U.S.C. 3101; and 28 CFR 0.111
(c) through (f).
</p><p>Purpose:</p>
<p>The USMS is required to protect U.S. Attorneys and their assistants, federal jurists and
other court officers; to provide for courtroom security, and to assist in protecting federal
property and buildings. This operation requires obtaining information to allow an accurate
assessment of the individual security needs of such threatened persons to aid in developing
protective measures and advance planning of specific security assignments. With the information
collected, USMS officials determine and carry out operating plans, funding, personnel assignments
and any special resources needed to counteract specific threat situations.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Records or information may be disclosed:
</p><p>(a) To other federal, state and local law enforcement agencies to the extent that disclosure is
necessary to develop and/or implement protective measures;
</p><p>(b) 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;
</p><p>(c) 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><p>(d) 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;
</p><p>(e) 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;
</p><p>(f) To an actual or potential party to litigation or the party’s authorized representative for
the purpose of negotiation or discussion of such matters as settlement, plea bargaining, or in
informal discovery proceedings;
</p><p>(g) 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;
</p><p>(h) To a former employee of the Department for purposes of: responding to an official inquiry by
a federal, state, territorial 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;
</p><p>(i) To any criminal, civil, or regulatory law enforcement authority (whether federal, state,
territorial, local, tribal, or foreign) where the information is relevant to the recipient entity’s
law enforcement responsibilities;
</p><p>(j) To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.</p>
<p>(k) To another Federal agency or Federal entity, when the Department 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.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Records in this system are not appropriate for disclosure to consumer reporting agencies.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>An index record is stored on index cards and magnetic tape. Original paper records are kept
in file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are indexed and retrieved by name of protectee.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to computerized records is restricted to Court Security Program personnel by assigned
user code and password. In addition, records are stored in locked metal cabinets during off-duty
hours. The records are located in a restricted area, and USMS Headquarters is under 24-hour guard
protection with entry controlled by official and electronic identification.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained indefinitely until a detailed records retention plan and disposal
schedule is developed by the National Archives and Records Administration and the USMS.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Chief, Court Security Program, Judicial Security Division, U.S. Marshals Service, CS-
3, Washington, DC 20530-1000.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as the "Record access procedures."
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Make all requests for access in writing and clearly mark letter and envelope "Freedom of
Information/Privacy Act Request."  Clearly indicate the name of the requester, nature of the record
sought, approximate dates of the record, and provide the required verification of identity (28 CFR
16.41(d)). Direct all requests to the system manager identified above, Attention: FOI/PA Officer,
and provide a return address for transmitting the information.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Direct all requests to contest or amend information to the system manager identified above.
State clearly and concisely the information being contested, the reason for contesting it, and the
proposed amendment to the information sought. Clearly mark the letter and envelope "Freedom of
Information/Privacy Act Request."
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information is obtained from individual protectees; federal, state, and local law
enforcement agencies; public and confidential sources; and threat initiator.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p>72 FR 33515, 527 (June 18, 2007): Last published in full.</p>
</xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/USM-013</systemNumber>
<subsection type="systemName">U.S. Marshals Service Administrative Proceedings, Claims and Civil Litigation Files
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Limited Official Use
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of General Counsel, U.S. Marshals Service (USMS), CS-3, Washington, DC 20530
-1000.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals who have filed tort and employee claims against the USMS; individuals who have
initiated administrative proceedings against the USMS; individuals who have filed civil suits naming
the USMS and/or personnel as defendants, including those suits arising from authorized criminal law
enforcement activities; individuals named as defendants in federal court actions initiated by the
USMS; and USMS attorneys assigned to defend such claims and litigation.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>In addition to the names of individuals covered by the system and the title of cases, a
computerized case tracking system contains certain summary data, e.g.; a summary of correspondence
and pleadings received in a case, names of parties involved; names of attorneys handling the case or
matter, court in which action is brought, and civil action number, thereby facilitating location of
the complete file. Cases or matters include adverse actions, grievances, unfair labor practice
charges, tort claims, Equal Employment Opportunity and other employee claims, and suits against USMS
employees in their official capacities, etc. Files contain correspondence/claim forms submitted by
claimants and internal reports and related documents concerning the merits of the claim, attorney or
staff recommendations and findings related to the claim; records on actions taken by USMS giving
rise to appeals, attorney notes, recommendations and strategy for defending appeals; copies of civil
actions filed and criminal investigative records related to the action, e.g., criminal investigative
reports relating the underlying criminal matter which relates to or constitutes the basis of the
claim or suit (including those from non-Federal law enforcement participants in USMS criminal or
civil law enforcement activities), witness statements, reports of interviews, exhibits, attorney
notes, pleadings, and recommendations and strategy for defending civil actions.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 301 and 44 U.S.C. 3101.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>Among other responsibilities, the Office of General Counsel, U.S. Marshals Service, provides
legal representation to USMS management in all administrative matters including, but not limited to,
adverse actions, grievances, unfair labor practices, EEO, tort and employee claim proceedings;
represents the Service and its employees in district court actions brought against them for acts
taken in the course of official duties; and represents the Service in other actions in which its
interests are involved. Effective representation in such matters requires that records be
retrievable by individual identifiers.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Records maintained in this system of records may be disseminated as follows:
</p><p>(a) Where a record, either alone or in conjunction with other information, indicates a violation
or potential violation of law--criminal, civil, or regulatory in nature--the relevant
records may be referred to the appropriate federal, state, territorial, local, tribal, or foreign
law enforcement authority or other appropriate entity charged with the responsibility for
investigating or prosecuting such violation or charged with enforcing or implementing such law;
</p><p>(b) To any federal, state or local agency, organization or individual to the extent necessary to
elicit information or witness cooperation if there is reason to believe the recipient possesses
information related to the case or matter;
</p><p>(c) 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;
</p><p>(d) 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;
</p><p>(e) To an actual or potential party to litigation or the party’s authorized representative for
the purpose of negotiation or discussion of such matters as settlement, plea bargaining, or in
informal discovery proceedings;
</p><p>(f) 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;
</p><p>(g) 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><p>(h) 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;
</p><p>(i) 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;
</p><p>(j) A record may be disclosed to designated officers and employees of state, territorial, local
(including the District of Columbia), 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 recipients agency’s decision;
</p><p>(k) 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 persons
former area of responsibility;
</p><p>(l) To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.</p>
<p>(m) To another Federal agency or Federal entity, when the Department 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Administrative claim, appeal, and litigation files are stored in standard file cabinets. The
computerized case tracking system and duplicate copies of some paper records are stored on magnetic
discs.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by name of claimant, litigant or USMS attorney, or by caption of civil
action or administrative proceeding.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to computerized records is restricted to Office of General Counsel personnel by user
identification and passwords. In addition, files are stored in metal filing cabinets within the
Office of General Counsel, USMS Headquarters during off-duty hours. Access to USMS Headquarters is
restricted to employees with official identification.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records in the case tracking system are retained indefinitely. Claim files are destroyed
after 7 years. Litigation files are destroyed after 10 years. Cases designated by the General
Counsel as significant or precedential are retained indefinitely.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>General Counsel, Office of General Counsel, U.S. Marshals Service, CS-3, Washington,
DC 20530-1000.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as "Record access procedures."
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Make all requests for access in writing and clearly mark letter and envelope "Freedom of
Information/Privacy Act Request."  Clearly indicate name of the requester, nature of the record
sought, approximate dates of the records, and provide the required verification of identity (28 CFR
16.41(d)). Direct all requests to the system manager identified above. Attention: FOI/PA Officer,
and provide a return address for transmitting the information.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Direct all requests to contest or amend information to the system manager listed above.
State clearly and concisely what information is being contested, the reason for contesting it, and
the proposed amendment to the information sought. Clearly mark the letter and envelope "Freedom of
Information/Privacy Act Request."
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The sources of information contained in this system are the individual claimant/litigant,
USMS officials, law enforcement agencies, statements of witnesses and parties, transcripts of
depositions and court proceedings, administrative hearings and arbitrations, and work product of
staff attorneys and legal assistants working on a particular case or matter.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>The Attorney General has exempted certain categories of records in this system from
subsections (c)(3) and (4); (d); (e)(2) and (3); (e)(4)(G) and (H); (e)(8); (f) and (g) of the
Privacy Act pursuant to 5 U.S.C. 552a(j)(2) or (k)(5). The system is exempted pursuant to subsection
(j)(2) only to the extent that information in a record pertaining to a particular individual relates
to a criminal investigation which relates to or constitutes the basis of a particular suit or claim.
The system is exempted pursuant to subsection (k)(5) only to the extent necessary to protect a
confidential source. 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 <i>Federal Register</i>. See 28 CFR 16.101.
</p></xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p>72 FR 33515, 529 (June 18, 2007): Last published in full.</p>
</xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/USM-014</systemNumber>
<subsection type="systemName">Joint Automated Booking Stations (JABS), USM-014.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Marshals Service (USMS) headquarters, 600 Army Navy Drive, Arlington, Va. 22202-
4210; and regional office of the Drug Enforcement Administration (DEA) at 6320 NW 2nd Avenue, North
Miami Beach, FL 33167.[1]</p>
<p>[1] The Miami repository will be physically housed at DEA facilities; nevertheless,
management and oversight--including the physical security of the system--will be the
responsibility of USMS personnel. When appropriate, the "system location"  will be revised to
include additional repositories.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Alleged criminal offenders who have been arrested and booked.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records may include certain generic or "common"  data elements which have been collected by
an arresting Federal, State, or local agency and booked by that agency at its automated booking
station (ABS), or booked by an agency on behalf of another agency which performed the arrest.[2]
</p><p>[2] Such common data (approximately 60 data elements) have been identified by law enforcement as
those case and biographical data generally collected by the law enforcement community during booking
arrests, e.g., name, date and place of birth, citizenship, hair and eye color, height and weight,
occupation, social security number, place, date and time of arrest and jail location, charge, armed
description, sentenced or unsentenced, and health status, etc. Such data may also include case agent
name, notes and observations regarding subjects’ physical or mental condition, degree of
psychological stability or acumen, reported use of habit forming substances, substances for which
the subject has a valid prescription, names of individuals from which the subject is to be
segregated, extraordinary handling procedures to include precautionary warnings, names of
acquaintances (criminal/non-criminal), Federal writ, and any other pertinent information related to
known activities relevant or unique to the record subject. Finally, as the technology is developed,
such data may include electronic fingerprints, mugshots, and voice samples.
[2]</p><p> Initially, these records will include only those of the Department of Justice (DOJ)
law enforcement components. However, at such time as other Federal, State and local agencies either
establish similar ABS’s or use the ABS of another agency to upload "common"  data to the
repositories (i.e., "common"  data as described by this system of records), this system of records
will also include records provided by non-DOJ law enforcement agencies.
</p><p>Categories of records may include paper records where the USMS has a need to print copies, e.g.,
copies of mugshots.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>28 U.S.C. 534, 564; 5 U.S.C. 301 and 44 U.S.C. 3101.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The primary purpose of the JABS system is to enable Federal, State, and local agencies which
conduct arrests and/or booking activities to store such data in regional repositories to eliminate
duplication efforts among multiple law enforcement agencies participating in a single
booking/arrest, to follow the arrestee through the booking process, and thereby share "realtime"
booking and arrest data within a region. It will also assist in ancillary law enforcement efforts by
permitting law enforcement to learn of the arrest and apprehension of a fugitive by another agency
in that region; verify the identity of an arrestee or, as the technology is developed, obtain
identifying data that will assist with surveillance and wiretap activities in the event the arrestee
becomes a fugitive subsequent to booking. Finally, it may assist other judicial/law enforcement
agencies in obtaining such information as will permit them to perform their official duties.
</p><p>JABS will also assist law enforcement at the national level through interface of its regional
repositories with the Federal Bureau of Investigation’s (FBI) Identification Division Records
System, Justice/FBI-009 (IDENT). IDENT currently serves as a "national"  repository for
fingerprint data. As the technology is developed, electronic fingerprint, mugshot, and voice sample
data, together with certain personally identifying data, date of arrest, etc. may be copied from
JABS regional repositories to IDENT. (Consistent with published routine use disclosures for the
IDENT system of records, IDENT may then respond to electronic inquiries from other JABS regional
repositories to verify fingerprint or other identifying data, to learn of the arrest of a fugitive
in another regional jurisdiction; and/or, where indicated by the IDENT record, to allow an inquiring
regional repository to determine that a more complete arrest record resides with, and may be
requested from, another JABS regional repository; and/or to otherwise assist in the conduct of other
authorized law enforcement activities such as surveillance and wiretap.)
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>(a) The regional repositories may be electronically accessed by Federal, State, and local
law enforcement agencies to input and retrieve booking and arrests data on criminal offenders and
thereby eliminate the need for duplicate bookings in that region, i.e., the collection of much the
same data by multiple agencies in prisoner processing activities involving such agencies from arrest
through incarceration. (For example, an individual arrested by the Bureau of Alcohol, Tobacco, and
Firearms (ATF) and transported by the USMS to a Federal correctional institution may be processed by
ATF, USMS, and the Bureau of Prisons.) Such repositories may be electronically accessed by these and
other local law enforcement agencies in the region also for other law enforcement purposes such as
to learn about the arrest of a fugitive wanted in several local jurisdictions, to verify the
identity of an arrestee, or to assist in the conduct of surveillance and/or wiretap activities. In
addition, access by one regional repository to the complete record residing in another regional
repository, e.g., to obtain access to the record of a fugitive wanted in one or more regional
jurisdictions, may be accomplished by a telephone request until such time as technology may permit
electronic requests between regional repositories. Further, at such time as the technology is
available, other judicial/law enforcement agencies such as the courts, probation, and parole
agencies may have direct electronic access to JABS in order to obtain data which may assist them in
performing their official duties. For example, the courts may need direct electronic access to
verify the identity of an individual who appears in court claiming not to be the individual
identified by the arresting agency.
</p><p>Finally, where necessary and/or appropriate, the USMS may disclose relevant information from the
repositories as follows:
</p><p>(b) To any Federal, State, and/or local authorities to the extent necessary to permit them to
perform their law enforcement responsibilities; or to any Federal, State, and/or local authorities,
or to any other entity or person, to the extent required to solicit information necessary for law
enforcement purposes;
</p><p>(c) To other judicial/law enforcement agencies such as the courts, probation, and parole agencies
to assist them in performing their official duties;
</p><p>(d) To a Federal agency in response to its request and in connection with hiring or retention of
an employee, the issuance of the required security clearance, the reporting of an investigation of
an employee, the letting of a contract, or the issuance of a license, grant or other benefit by the
requesting agency, to the extent that the information relates to the requesting agency’s decision on
the matter;
</p><p>(e) To private contractors and/or maintenance personnel but only to the extent that access is
needed to perform contractual duties such as maintenance or other administrative support operations;
</p><p>(f) 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;
</p><p>(g) 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;
</p><p>(h) To a court or adjudicative body before which the USMS or other appropriate DOJ component 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 USMS or other appropriate DOJ component to be
arguably relevant to the litigation: (i) The USMS or DOJ component, or any subdivision thereof, or
(ii) any employee of the USMS or DOJ in his or her official capacity, or (iii) any employee of the
USMS or DOJ in his or her individual capacity where the DOJ has agreed to represent the employee, or
(iv) the United States, where the DOJ determines that the litigation is likely to affect it or any
of its subdivisions;
</p><p>(i) To the National Archives and Records Administration (NARA) and the General Services
Administration in records management inspections conducted under the authority of 44 U.S.C. 2904 and
2906;
</p><p>(j) To complainants and/or victims to the extent necessary to provide such persons with
information and explanations concerning the progress and/or results of an investigation or case
(e.g. an arrest) arising from the matters of which they complained and/or of which they were a
victim; and
</p><p>(k) To any person or entity to the extent necessary to prevent an imminent and potential crime
which directly threatens loss of life or serious bodily injury.
</p><p>Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant
and necessary information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are stored in computerized media and on printed copy.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Data may be retrieved by name or identifying number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access will be limited to those with a need to know. Facilities and offices which house
computer systems will be protected at all times by appropriate locks, security guards, and/or alarm
systems. Access to the systems equipment is limited to those with a need-to-know through encryption
and password protection measures.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>A disposition schedule will be developed for approval by the USMS Records Management Officer
and NARA. Upon approval of such schedule, this notice will be revised to reflect the correct
retention and disposal schedule for these records.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, U.S. Marshals Service, 600 Army-Navy Drive, Arlington, Virginia 22202-4210
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as "Record Access Procedures."
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Address all requests for access to JABS records, in writing, to the system manager
identified above, "Attention: FOIA/PA Officer."  Clearly mark the letter and envelope "Privacy Act
request."  Clearly indicate the name of the requester, nature of the record sought, and approximate
date of the record. In addition, provide the required verification of identity (28 CFR 16.41(d)) and
a return address for transmitting the information.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The record subject; Federal, State, and local law enforcement personnel; the courts; and
medical personnel.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Attorney General has exempted records in this system from subsections (c) (3) and (4),
(d), (e) (1), (2) and (3), (e)(5), (e)(8), 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 <i>Federal Register</i>.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/USM-16</systemNumber>
<subsection type="systemName">U.S. Marshal Service (USMS) Key Control Record System.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Limited Official Use.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Primary system: Judicial Security Division, United States Marshals Service, CS-3,
Washington, DC 20530.
</p><p>Decentralized segments: USMS headquarters division offices that issue keys to their respective
employees.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current and former employees of the USMS who have been issued building or office keys for
USMS Headquarters or District Office locations.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records contained in this system consist of an automated or manual index which may include
the name of the employee to whom a building or office key is issued; the social security number
(only when two or more employees have identical names, including middle initial); unique key
identification code number; key type (e.g., grand master, master, submaster, change); storage
container hook number; description (e.g., number identification) of door(s), room(s), and/or area(s)
the key opens or accesses; transactions type and/or status (e.g., key issued, transferred,
retrieved, lost, broken) and transaction date; and, any other appropriate comment, e.g., comments
regarding key, door, room, area, etc.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 301 and 44 U.S.C. 3101.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The USMS Key Control Record System serves as a record of keys issued and facilitates
continuing security at USMS Headquarters locations. Records are maintained to assist in restricting
office and work area access to authorized USMS personnel by controlling, monitoring and tracking
keys issued. In addition, the records assist in identifying any repairs, changes, or additional
security measures that may be necessary as a result of lost or broken keys.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Records or information may be disclosed:
</p><p>(a) Where a record, either alone or in conjunction with other information, indicates a
violation or potential violation of law--criminal, civil, or regulatory in nature--the
relevant records may be referred to the appropriate Federal, State, local, territorial, tribal, or
foreign law enforcement authority or other appropriate entity charged with the responsibility for
investigating or prosecuting such violation or enforcing or charged with implementing such law;
</p><p>(b) 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.
</p><p>(c) 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.
</p><p>(d) 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><p>(e) 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;
</p><p>(f) 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;
</p><p>(g) To an actual or potential party to litigation or the party’s authorized representative for
the purpose of negotiation or discussion of such matters as settlement, plea bargaining, or in
informal discovery proceedings;
</p><p>(h) 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;
</p><p>(i) To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.</p>
<p>(j) To another Federal agency or Federal entity, when the Department 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.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Records in this system are not appropriate for disclosure to consumer reporting agencies.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Automated index records are stored on magnetic disks. Paper copies of automated records are
kept in file folders and original paper records of the manual index are stored in card files.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by name of the individuals covered by the system.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to these records is restricted to personnel of the USMS, Office of Security.
Computerized records may be accessed only by assigned code and password. Paper records are located
in a restricted area and are maintained in metal filing cabinets or safes which are locked during
non-duty hours.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are retained for three years after turn-in of the key at which time they are
destroyed (General Records Schedule 18).
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Judicial Security Division, United States Marshals Service, CS-3, Washington, DC
20530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as the "Records access procedures."
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Make all requests for access in writing and clearly mark letter and envelope "Freedom of
Information/Privacy Act Request."  Clearly indicate the name of the requester, nature of the record
sought, approximate dates of the record, and provide the required verification of identity (28 CFR
16.41(d)). Direct all requests to the system manager identified above, Attention: FOI/PA Officer,
and provide a return address for transmitting the information.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Direct all requests to contest or amend information to the system manager listed above.
State clearly and concisely the information being contested, the reasons for contesting it, and the
proposed amendment to the information sought. Clearly mark the letter and envelope "Freedom of
Information/Privacy Act Request."
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information contained in this system is collected from the individual and the system
manager.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p>72 FR 33515, 530 (June 18, 2007): Last published in full.</p>
</xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/USM-017</systemNumber>
<subsection type="systemName">Judicial Security Staff Inventory.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Limited Official Use.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Judicial Security Division (JSD), U.S. Marshals Service (USMS), CS-3, Washington, DC
20530-1000.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>USMS employees, contract employees, and other individuals assigned to JSD.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records contained in this computerized system consist of (1) an individual’s name, date of
birth, social security number, and type of passport with expiration date; (2) inventory of
accountable property assigned to individual, including: weapon, protective body armor with
expiration date of warranty, vehicle, credit cards, cell phone, pager, and office equipment.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 301; 28 U.S.C. 509 and 510; 44 U.S.C. 3101 and 28 CFR 0.111.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>This system will be used to assist JSD management in the effective control of accountable
property and to ensure that JSD personnel maintain the equipment necessary and in proper working
order to perform their functions, especially law enforcement functions, and to respond quickly to
urgent operational law enforcement activities as they develop.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Records or information may be disclosed:
</p><p>(a) Where a record, either alone or in conjunction with other information, indicates a
violation or potential violation of law--criminal, civil, or regulatory in nature--the
relevant records may be referred to the appropriate federal, state, territorial, local, tribal or
foreign law enforcement authority or other appropriate entity charged with the responsibility for
investigating or prosecuting such violation or charged with enforcing or implementing such law;
</p><p>(b) 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;
</p><p>(c) To the news media and the public, including disclosure 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><p>(d) 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;
</p><p>(e) 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;
</p><p>(f) To an actual or potential party to litigation or the party’s authorized representative for
the purpose of negotiation or discussion of such matters as settlement, plea bargaining, or in
informal discovery proceedings;
</p><p>(g) 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;
</p><p>(h) 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;
</p><p>(i) To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.</p>
<p>(j) To another Federal agency or Federal entity, when the Department 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.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Records in this system are not appropriate for disclosure to consumer reporting agencies.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are kept in a computerized database.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by name and social security number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access is limited to designated staff of JSD by assigned user code and password. JSD is
located in a restricted area of USMS Headquarters which is under 24-hour guard protection with
entry controlled by official and electronic identification.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Files are maintained until the employee leaves JSD at which time all records on the
individual will be erased from the database.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Director, Judicial Security Division, U.S. Marshals Service, CS-3,
Washington, DC 20530-1000.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as the "Record access procedures."
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Make all requests for access in writing and clearly mark letter and envelope "Privacy Act
Request."  Clearly indicate the name of the requester, nature of the record sought, approximate
dates of the record, and provide the required verification of identity (28 CFR 16.41(d)). Direct all
requests to the system manager identified above, attention: FOI/PA Officer, and provide a return
address for transmitting the information.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Direct all requests to contest or amend information to the system manager identified above.
State clearly and concisely the information being contested, the reasons for contesting it, and the
proposed amendment to the information sought. Clearly mark the letter and envelope "Privacy Act
Request."
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information is obtained from subject JSD employees, JSD office and the accountable property
records.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p>72 FR 33515, 531 (June 18, 2007): Last published in full.</p>
</xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/USM-018</systemNumber>
<subsection type="systemName">United States Marshals Service Alternative Dispute Resolution (ADR) Files and Database
Tracking System.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Limited official use.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Human Resources Division, United States Marshals Service (USMS), CS-3, Washington, DC
20530-1000.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Employees of the USMS designated as complainants, who select ADR mediation as the mechanism
to resolve disagreements, and designated respondents to such complaints.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>ADR files contain a statement of issue(s) which include type of dispute, parties involved,
and date ADR requested or notified by complainant; mediator appointed; correspondence or letters
which may include ground rules, acknowledgment of time requirements and issues related thereto; pre-
conference agreements; minutes of ADR activity; written agreement, and dispute resolution and date
resolved.
</p><p>The ADR data tracking system contains names of complainant and respondent; type of dispute, e.g.,
job assignment, leave, promotion; source of complaint, e.g., Equal Employment Opportunity (EEO) or
grievance; process utilized, e.g., mediation, conciliation, fact finding; district/office; ADR
contact individual; date ADR request received; date resolved; and calculation of time spent in
resolving matters and, if applicable, name of mediator.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 301 and 44 U.S.C. 3101.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The ADR process is a parallel system to the grievance process and Equal Employment
Opportunity (EEO) complaint process which offers the possibility of a simpler, quicker, less
expensive, and less adversarial resolution of disputes. The ADR files are used to facilitate the
effective operation of the ADR process in resolving discrimination complaints and workplace
grievances by USMS employees and applicants for employment. The ADR database is used to track case
activity, primarily for completion of reports.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Records or information may be disclosed:
</p><p>(a) Where a record, either alone or in conjunction with other information, indicates a
violation or potential violation of law--criminal, civil, or regulatory in nature--the
relevant records may be referred to the appropriate federal, state, local, territorial, tribal or
foreign law enforcement authority or other appropriate entity charged with the responsibility for
investigating or prosecuting such violation or charged with enforcing or implementing such law;
</p><p>(b) 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;
</p><p>(c) 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><p>(d) 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;
</p><p>(e) 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;
</p><p>(f) To an actual or potential party to litigation or the party’s authorized representative for
the purpose of negotiation or discussion of such matters as settlement, plea bargaining, or in
informal discovery proceedings;
</p><p>(g) 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;
</p><p>(h) A record may be disclosed to designated officers and employees of state, territorial, local
(including the District of Columbia), 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;
</p><p>(i) 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;
</p><p>(j) 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;
</p><p>(k) To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.</p>
<p>(l) To another Federal agency or Federal entity, when the Department 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.
</p><p>Disclosure to consumer reporting agencies:</p><p>Records in this system are not appropriate for
disclosure to consumer reporting agencies.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p><p>Records are stored in standard file cabinets. Computerized
records are stored in a database server in a secured file room.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by name of employee.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access is restricted to authorized personnel with the need to know in the
Human Resources Division, Equal Employment Opportunity Division, and the Office of General Counsel.
Computerized records may be accessed only by assigned code and password. In addition, records are
stored in metal file cabinets within the Human Resources Division and access to USMS headquarters is
controlled by 24-hour guard services.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained for 7 years and then data in the system,
as well as hard copies, are purged.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Director, Human Resources Division, USMS, CS
-3, Washington, DC 20530-1000.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as "Record access procedures."
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Make all requests for access in writing and clearly mark letter
and envelope "Privacy Act Request."  Clearly indicate name of the requester, nature of the record
sought, approximate dates of the records, and provide the required verification of identity (28 CFR
16.41(d)). Direct all requests to the system manager identified above, Attention: FOI/PA Officer,
and provide a return address for transmitting the information.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Direct all requests to contest or amend information to the
system manager in accordance with the procedures outlined above. State clearly and concisely the
information being contested, the reasons for contesting it, and the proposed amendment to the
information sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Employee complainants, who select the ADR process to resolve
their disputes; respondents; and the ADR mediator.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p>72 FR 33515, 532 (June 18, 2007): Last published in full.</p> 
</xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/USM-019</systemNumber>
<subsection type="systemName">Merit Promotion Open Season Records System (MPOS), Justice/USM-019.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Limited Official Use.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>United States Marshals Service (USMS) Headquarters, Washington, DC 20530-1000.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals covered by the system include all permanent USMS criminal investigative
employees, (GS-1811), interested in applying for promotions for positions at the GS-13
level and above.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records contain identifying data such as employee names, social security numbers, home and
work addresses, along with home and work phone numbers. Records also consist of any information
necessary to rate qualifications and make selections including employees’ work experience; service
computation dates; performance appraisals; and current job titles, series, and grades. All
information is voluntarily submitted by the employees and their supervisors.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 CFR 335.103 and Department of Justice Order 1335b.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The MPOS supports the USMS merit promotion plan program by identifying and tracking
interested and eligible employees in the event a vacancy announcement opens during the designated
merit promotion period. The purpose of the merit promotion open season record system is to allow
USMS 1811 criminal investigators to apply for positions during the year without waiting for
vacancies to occur or new positions to be established and to, thereafter, receive consideration as
positions become available. This system also assists the selecting officials in making valid
selections.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Records in this system may be disclosed:
</p><p>A. To the Office of Personnel Management (OPM) to enable that agency to conduct such review of
USMS selections and the operation of the MPOS program as are consistent with OPM’s statutory and
regulatory authority.
</p><p>B. In an appropriate proceeding before a court, or administrative or adjudicative body, when the
Department of Justice (DOJ) 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.
</p><p>C. To an actual or potential party to litigation or the party’s authorized representative for the
purpose of negotiation or discussion of such matters as settlement, plea bargaining, or in informal
discovery proceedings.
</p><p>D. To the Merit Systems Protection Board or the Office of the Special Counsel in connection with
appeals, special studies of the civil service and other merit systems, review of office rules and
regulations, investigations of alleged or possible prohibited personnel practices, and such other
functions, <i>e.g.</i>, as prescribed in 5 U.S.C. Chapter 12, or as may be authorized by law.
</p><p>E. To the Equal Employment Opportunity Commission, when requested, in connection with
investigations into alleged or possible discrimination practices in the Federal sector, examination
of Federal affirmative employment programs, compliance by Federal agencies with the Uniform
Guidelines or Employee Selection Procedures, or other functions vested in the Commission.
</p><p>F. 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.
</p><p>G. 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.
</p><p>H. To the Federal Labor Relations Authority or its General Counsel when requested in connection
with investigations of allegations of unfair labor practices or matters before the Federal Service
Impasses Panel.
</p><p>I. 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.
</p><p>J. To disclose information to an arbitrator to resolve disputes under a negotiated grievance
procedure or to officials of labor organizations recognized under 5 U.S.C. Chapter 71 when relevant
and necessary to their duties of exclusive representation.
</p><p>K. To the Union when required by contract as part of the processing of a grievance and/or to an
arbitrator in the arbitration of a grievance.
</p><p>L. The Department of Justice may disclose relevant and necessary information 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.
</p><p>M. 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.
</p><p>N. 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.
</p><p>O. To disclose information to any source from which additional information is requested (to the
extent necessary to identify the individual, inform the source of the purposes of the request, and
to identify the type of information requested), when necessary to obtain information relevant to an
agency decision concerning promoting or retaining an employee, issuing a security clearance, or
conducting a security or suitability investigation of an individual.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information is in paper and/or electronic format. The information is stored on computer
tapes, magnetic disks, and in file cabinets.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records may be retrieved by name, Social Security Number (SSN), or unique MPOS number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>The USMS headquarters offices are located in buildings under security guard, and access to
premises is by official identification. Offices are locked during non-duty hours. Access to this
system is obtained through remote terminals that require the use of restricted passwords and a user
ID. Paper records will be maintained in locked file cabinets. The MPOS server will be maintained in
a secure computer facility.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are retained for one year following the merit promotion open season announcement for
which they are submitted. Records are destroyed by shredding or burning.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Director, Human Resources Division, United States Marshals Service Headquarters,
Washington, DC 20530-1000.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Inquiries should be addressed to the system manager.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>A request for access to a record from this system shall be made in writing with the envelope
and the letter clearly marked "Privacy Act Request."  It should clearly indicate the name of
requester, the nature of the record sought and the approximate dates covered by the record. The
requester shall also provide the required verification of identity as outlined in 28 CFR 16.41(d)
and provide a return address for transmitting the information. Access requests will be directed to
the System Manager listed above, Attention: FOI/PA Officer.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should direct
their request to the System Manager listed above, stating clearly and concisely what information is
being contested, the reasons for contesting it, and the proposed amendment to the information
sought.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information contained in this system of records is obtained from the individuals covered by
the system, or derived from information the individuals or their supervisors supplied.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/UST-001</systemNumber>
<subsection type="systemName">Bankruptcy Case Files and Associated Records.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Sensitive But Unclassified.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>The Executive Office for United States Trustees (EOUST) and other offices of the United
States Trustee Program (USTP) depending upon the judicial district where a bankruptcy case or
proceeding is pending or was administered. (Office addresses can be located on the Internet at <i>
http://www.usdoj.gov/ust</i>.)
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals and entities involved in cases or proceedings under the Bankruptcy Code (11
U.S.C. 101, <i>et seq.</i>), including, but not limited to: debtors; creditors; bankruptcy trustees;
other parties in interest; professionals, attorneys, and agents representing debtors, creditors, and
trustees; credit counselors; debtor education providers; auditors; examiners; ombudsmen; and
individuals who may be considered for appointment as trustees, examiners, and ombudsmen, or
otherwise involved in bankruptcy cases or proceedings.
</p><p>Individuals who have filed complaints, inquiries, or comments related to a bankruptcy case with
the USTP.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records in this system may include: (a) Petitions/orders for relief; (b) schedules of assets
and liabilities of debtors; (c) lists of creditors; (d) statements of financial affairs; (e)
operating or status reports; (f) alphabetical cross-reference index cards; (g) general
correspondence regarding bankruptcy cases and proceedings; (h) miscellaneous investigative records;
(i) copies of certain pleadings, official forms, or other papers filed in court, including those
filed by the USTP; (j) appraisal reports; (k) names of bank depositories and amounts of funds
deposited therein; (l) names of sureties and amounts of trustees’ bonds; (m) tape or other
recordings of creditors meetings conducted under 11 U.S.C. 341 for the purpose of examination of
debtors by creditors, trustees, and others; (n) plans filed under chapter 11, 12, or 13; (o) names
of persons serving as counsel, trustee, professionals, or other functionaries in bankruptcy cases
and proceedings, including compensation earned or sought by each; (p) names and qualifications of
individuals who may be considered for appointment as trustees, examiners, and ombudsmen; (q) names
and contact information of credit counselors and debtor education providers; (r) credit counseling
certificates, debtor education certificates, certificate numbers, completion dates of credit
counseling briefings and debtor education courses; (s) debt management plans; (t) means test review
forms; (u) targeted and random debtor audit forms, audit reports, and related working papers; (v)
federal and state tax returns; and (w) other case-related information, such as case number, case
status, case type, parties’ names and other personal identifiers, Social Security numbers and
financial account numbers, estate assets/liabilities, case filings/reports, trustee bonds, calendars
of meetings and hearings, due dates of plan, schedules and other filings, creditors’ committee
status, attorneys/professionals’ data, and trustees/examiners’ data, and ombudsmen data, including
health care and medical records of patients of entities involved in cases or proceedings under 11
U.S.C. 101, <i>et seq.</i> and related information.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintained pursuant to the bankruptcy oversight and related
responsibilities of the USTP under, <i>e.g.</i>, 28 U.S.C. 581, <i>et seq.</i>, and 11 U.S.C. 101,
<i>et seq.</i>
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The records in this system are used by USTP personnel to determine the existence of a case,
to ascertain the status of actions with respect to a case, to ensure that timely action is taken as
appropriate, to determine the involvement by agents or other representatives of parties in such
cases, to implement and monitor compliance with credit counseling and debtor education requirements,
and to facilitate the performance of USTP duties under, <i>e.g.</i>, 28 U.S.C. 581, <i>et seq.</i>,
11 U.S.C. 101, <i>et seq.</i>, and other legal authority.
</p><p>As provided in 11 U.S.C. 107, a document filed in a case and the dockets of the bankruptcy court
are public records and open to examination except when the court enters a protective order or
otherwise acts to seal a docket entry.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>(A) Release of Information to Former Employees:
</p><p>The Department of Justice may disclose relevant and necessary information 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.
</p><p>(B) Release of Information to Contractors:
</p><p>Information from these records may be disclosed 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.
</p><p>(C) Release of Information in Proceedings:
</p><p>Information from these records may be disclosed in an appropriate proceeding before a court, 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.
</p><p>(D) Release of Information for Litigation-related Discussions:
</p><p>Information from these records may be disclosed to an actual or potential party to litigation or
the party’s authorized representative for the purpose of negotiation or discussion of such matters
as settlement, plea bargaining, or in informal discovery proceedings.
</p><p>(E) Release of Information to Bankruptcy Trustees:
</p><p>Information from these records may be disclosed to a trustee under chapter 7, 11, 12, or 13 of
title 11, U.S. Code, when the United States Trustee determines that the release of such information
is necessary to enable the trustee to properly administer a case or to perform the duties and
responsibilities of a case trustee under 28 U.S.C. 586, 18 U.S.C. 3057, or 11 U.S.C. 101, <i>et
seq.,</i> including responding to complaints and inquiries related to a bankruptcy case, submitted
to the USTP by interested parties.
</p><p>(F) Release of Information to Complainants and Victims:
</p><p>Information from these records may be disclosed 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.
</p><p>(G) Release of Information to the News Media:
</p><p>Information from these records may be disclosed 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><p>(H) Release of Information to Members of Congress:
</p><p>Information from these records may be disclosed 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.
</p><p>(I) Release of Information to National Archives and Records Administration:
</p><p>A record from this system of records may be disclosed 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.
</p><p>(J) Release of Information to Law Enforcement or Regulatory Agencies:
</p><p>With respect to non-law enforcement records, where a record, either alone or in conjunction with
other information, indicates a violation or potential violation of law--criminal, civil, or
regulatory in nature--the relevant records may be referred to the appropriate federal, state,
local, tribal, or foreign law enforcement authority or other appropriate entity charged with the
responsibility for investigating or prosecuting such violation or charged with enforcing or
implementing such law.
</p><p>(K) Release of Information to Licensing Agencies:
</p><p>Information from these records may be disclosed to federal, state, local, tribal, foreign or
international licensing agencies or associations which require information concerning the
suitability or eligibility of an individual for a license or permit.
</p><p>(L) Release of Information for Employment, Clearance, Contract, or Grant Purposes:
</p><p>Information from these records may be disclosed 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.
</p><p>(M) Release of Information to Credit/Consumer Reporting Agencies:
</p><p>Information from these records may be disclosed to a credit or consumer reporting agency, as such
terms are used in the Fair Credit Reporting Act (15 U.S.C. 1681, <i>et seq.</i>) and the Debt
Collection Act (31 U.S.C. 3701, <i>et seq.,</i>) when such information is necessary or appropriate
to ensure that bankruptcy-related credit information is correct and accurate.
</p><p>(N) Release of Information related to Investigations and Proceedings:
</p><p>Information from these records may be disclosed in the course of investigating the potential or
actual violation of any law--whether civil, criminal, or regulatory in nature--or for the
preparation of a trial or hearing for such violation. Such information may be disclosed to a
Federal, state, local, tribal, or foreign agency, or to an individual or organization, if there is
reason to believe that such agency, individual, or organization possesses information relating to
the investigation, trial, or hearing, and if the dissemination is reasonably necessary to elicit
such information or to obtain the cooperation of a witness or an informant.
</p><p>(O) Release of Information in connection with Section 341 Meetings:
</p><p>Information from these records may be disclosed in connection with meetings held under 11 U.S.C.
341 and related proceedings, when the Department of Justice determines that the records are arguably
relevant to such meetings or bankruptcy proceedings. Transcripts or other records of such meetings
may also be disclosed upon request pursuant to relevant bankruptcy laws or rules.
</p><p>(P) Release of Information to Law Enforcement Authority:
</p><p>With respect to law enforcement records, to any criminal, civil, or regulatory law enforcement
authority (whether federal, state, local, tribal, or foreign) where the information is relevant to
the recipient entity’s law enforcement responsibilities.
</p><p>(Q) Release of Information to USTP Approved Credit Counseling and Debtor Education Providers:
</p><p>Information from these records may be disclosed to a USTP approved credit counseling and/or
debtor education provider when the EOUST or United States Trustee determines that the release of
such information is necessary to enable the approved provider to properly perform the duties and
responsibilities of a credit counseling and/or debtor education provider under 11 U.S.C. 101, <i>et
seq.,</i> and other legal authority, including responding to complaints and inquiries related to the
provider, submitted to the USTP by interested parties.
</p><p>(R) Release of Information to Bankruptcy Examiners:
</p><p>Information from these records may be disclosed to a bankruptcy examiner appointed in a case
under title 11, U.S. Code, when the United States Trustee determines that the release of such
information is necessary to enable the bankruptcy examiner to properly perform the duties and
responsibilities of an examiner under 11 U.S.C. 101, <i>et seq.,</i> and other legal authority,
including responding to complaints and inquiries related to a bankruptcy case, submitted to the USTP
by interested parties.
</p><p>(S) Release of Information to Ombudsmen:
</p><p>Information from these records may be disclosed to an ombudsman appointed in a case under title
11, U.S. Code, when the United States Trustee determines that the release of such information is
necessary to enable the ombudsman to properly perform the duties and responsibilities of an
ombudsman under 11 U.S.C. 101, <i>et seq.,</i> and other legal authority, including responding to
complaints and inquiries related to a bankruptcy case, submitted to the USTP by interested parties.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records in this system, except as specified below, are recorded on paper/cardboard material
and maintained in file cabinets, storage containers, electric file/card retrievers, or safes.
Certain records in this system are entered into automated information systems and stored on servers
and/or magnetic disks for use or reproduction in report form at various times.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>In USTP field offices, bankruptcy case records are retrieved by bankruptcy court case
numbers, cross-referenced alphabetically by names of debtors. Bankruptcy case records pertaining to
case trustees, sureties, depository banks, and to agents representing parties are maintained and
retrieved alphabetically. Bankruptcy case records and records of potential candidates for
appointment as trustees, examiners, and ombudsmen in the EOUST are maintained and retrieved
alphabetically by name of the debtor or the particular person involved. Automated information is
retrieved by a variety of key words, including names of individuals.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Records contained in this system are unclassified. They are safeguarded and protected in
accordance with Departmental rules and procedures governing the handling of office records and
computerized information. During duty hours, access to this system is monitored and controlled by
USTP personnel. During nonduty hours, offices are locked.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Chapter 7 no-asset case records may be destroyed six months after the case is closed.
Section 341 meeting tapes may be destroyed two years after the date of the 341 meeting. Chapter 7
asset case records may be destroyed three years after the case is closed. Chapter 11 case records
may be destroyed three years after the case is dismissed or closed. Chapter 12 and chapter 13 case
records may be destroyed six months after the case is dismissed or closed. To prevent unauthorized
disclosure, records are destroyed by shredding, burning, or similar methods.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>The system managers for this system of records are: (a) the United States Trustees or
Assistant United States Trustees, to the extent these records are maintained in their offices; and
(b) the General Counsel, to the extent these records are maintained in the EOUST. (Office addresses
can be located on the Internet at <i>http://www.usdoj.gov/ust.</i>)
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address such inquiries to the Office of the General Counsel (FOIA/Privacy Counsel) at the
address listed on the USTP FOIA/Privacy Act Web site (<i>http://www.usdoj.gov/ust</i>). The envelope
and letter should be clearly marked "Privacy Act Request"  and comply with 28 CFR 16.40, <i>et seq.
</i>
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Address such inquiries to the Office of the General Counsel (FOIA/Privacy Counsel) at the
address listed on the USTP FOIA/Privacy Act Web site (<i>http://www.usdoj.gov/ust</i>). The
envelope and letter should be clearly marked "Privacy Act Request"  and comply with 28 CFR 16.40, <i
>et seq.</i>
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should clearly
and concisely state what information is being contested, the reasons for contesting it, and the
proposed amendment to the information. Address such inquiries to the Office of the General Counsel
(FOIA/Privacy Counsel) at the address listed on the USTP FOIA/Privacy Act Web site (<i>
http://www.usdoj.gov/ust</i>). The envelope and letter should be clearly marked "Privacy Act
Request"  and comply with 28 CFR 16.40, <i>et seq.</i>
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system generally consist of debtors, creditors,
trustees, examiners, auditors, ombudsmen, USTP approved credit counseling and/or debtor education
providers, attorneys, and other agents participating in the administration of a case, judges of the
bankruptcy courts and other judicial officers, parties in interest, and employees of the USTP.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>

	
	
<section id="doj" toc="yes">
<systemNumber>/UST-002</systemNumber>
<subsection type="systemName">Bankruptcy Trustee Oversight Records
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Sensitive But Unclassified
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>The Executive Office for United States Trustees (EOUST) and other offices of the United
States Trustee Program (USTP) depending upon the judicial district where the bankruptcy case trustee
serves or has made application to serve. (Office addresses can be located on the Internet at <i>
http://www.usdoj.gov/ust.</i>)
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Persons serving or applying to serve as estate trustees in bankruptcy cases filed under
chapter 7, 11, 12, or 13 of the Bankruptcy Code (11 U.S.C. 101, <i>et seq.</i>) and/or subject to
USTP oversight pursuant to 28 U.S.C. 586.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records in this system may include: resumes, applications, references, recommendations, and
related materials; notes, correspondence, memoranda, messages, and agreements; audits, reviews,
evaluations, financial records, transcripts, and security clearance information; Social Security
numbers, financial account numbers, and other personal identifiers; and other information provided
to USTP by trustees, applicants, and third parties or developed by USTP personnel.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintained pursuant to the bankruptcy oversight and related
responsibilities of the USTP under, <i>e.g.,</i> 28 U.S.C. 581, <i>et seq.,</i> and 11 U.S.C. 101,
<i>et seq.</i>
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>These records are used by USTP personnel for determining and reassessing the qualifications
and eligibility of persons serving or applying to serve as trustees in bankruptcy cases.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>(A) Release of Information to Former Employees:
</p><p>The Department of Justice may disclose relevant and necessary information 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.
</p><p>(B) Release of Information to Contractors:
</p><p>Information from these records may be disclosed 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.
</p><p>(C) Release of Information in Proceedings:
</p><p>Information from these records may be disclosed in an appropriate proceeding before a court, 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.
</p><p>(D) Release of Information for Litigation-related Discussions:
</p><p>Information from these records may be disclosed to an actual or potential party to litigation or
the party’s authorized representative for the purpose of negotiation or discussion of such matters
as settlement, plea bargaining, or in informal discovery proceedings.
</p><p>(E) Release of Information to Bankruptcy Trustees:
</p><p>Information from these records may be disclosed to a trustee under chapter 7, 11, 12, or 13 of
title 11, U.S. Code, when the United States Trustee determines that the release of such information
is necessary to enable the trustee to properly administer a case or to perform the duties and
responsibilities of a case trustee under 28 U.S.C. 586, 18 U.S.C. 3057, or 11 U.S.C. 101, <i>et
seq.,</i> including responding to complaints and inquiries related to a bankruptcy case, submitted
to the USTP by interested parties.
</p><p>(F) Release of Information to Complainants and Victims:
</p><p>Information from these records may be disclosed 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.
</p><p>(G) Release of Information to the News Media:
</p><p>Information from these records may be disclosed 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><p>(H) Release of Information to Members of Congress:
</p><p>Information from these records may be disclosed 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.
</p><p>(I) Release of Information to National Archives and Records Administration:
</p><p>A record from this system of records may be disclosed 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.
</p><p>(J) Release of Information to Law Enforcement or Regulatory Agencies:
</p><p>With respect to non-law enforcement records, where a record, either alone or in conjunction with
other information, indicates a violation or potential violation of law--criminal, civil, or
regulatory in nature--the relevant records may be referred to the appropriate federal, state,
local, tribal, or foreign law enforcement authority or other appropriate entity charged with the
responsibility for investigating or prosecuting such violation or charged with enforcing or
implementing such law.
</p><p>(K) Release of Information to Licensing Agencies:
</p><p>Information from these records may be disclosed to federal, state, local, tribal, foreign, or
international licensing agencies or associations which require information concerning the
suitability or eligibility of an individual for a license or permit.
</p><p>(L) Release of Information to Credit/Consumer Reporting Agencies:
</p><p>Information from these records may be disclosed to a credit or consumer reporting agency, as such
terms are used in the Fair Credit Reporting Act (15 U.S.C. 1681, <i>et seq.</i>) and the Debt
Collection Act (31 U.S.C. 3701, <i>et seq.</i>), when such information is necessary or appropriate
to ensure that bankruptcy-related credit information is correct and accurate.
</p><p>(M) Release of Information Related to Investigations and Proceedings:
</p><p>Information from these records may be disclosed in the course of investigating the potential or
actual violation of any law--whether civil, criminal, or regulatory in nature--or for the
preparation of a trial or hearing for such violation. Such information may be disclosed to a
federal, state, local, tribal, or foreign agency, or to an individual or organization, if there is
reason to believe that such agency, individual, or organization possesses information relating to
the investigation, trial, or hearing, and if the dissemination is reasonably necessary to elicit
such information or to obtain the cooperation of a witness or an informant.
</p><p>(N) Release of Information in Connection with Section 341 Meetings:
</p><p>Information from these records may be disclosed in connection with meetings held under 11 U.S.C.
341 and related proceedings when the Department of Justice determines that the records are arguably
relevant to such meetings or proceedings. Transcripts or other records of such meetings may also be
disclosed upon request pursuant to relevant bankruptcy laws or rules.
</p><p>(O) Release of Information to Law Enforcement Authority
</p><p>With respect to law enforcement records, to any criminal, civil, or regulatory law enforcement
authority (whether federal, state, local, tribal, or foreign) where the information is relevant to
the recipient entity’s law enforcement responsibilities.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records in this system, except as specified below, are recorded on paper/cardboard material
and maintained in file cabinets, storage containers, electric file/card retrievers, or safes.
Certain records in this system are entered into automated information systems and stored on servers
and/or magnetic disks for use or reproduction in report form at various times.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>In USTP field offices, bankruptcy trustee oversight records are filed alphabetically by the
trustee’s or applicant’s name. In EOUST, similar records are maintained alphabetically, organized by
region. Automated information is retrieved by a variety of key words, including names of
individuals.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Records contained in this system are unclassified. They are safeguarded and protected in
accordance with Departmental rules and procedures governing the handling of official records and
computerized information. During duty hours, access to this system is monitored and controlled by
USTP office personnel. During nonduty hours, offices are locked.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Bankruptcy trustee oversight records may be destroyed after three years except in the
following circumstances. If the trustee dies, his/her trustee oversight records may be destroyed
after one year. Case Trustee Interim Reports may be destroyed after five years. To prevent
unauthorized disclosure, records are destroyed by shredding, burning, or similar methods.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>The system managers for this system of records are: (a) the United States Trustees or
Assistant United States Trustees, to the extent these records are maintained in their offices; and
(b) the Assistant Director, Office of Review and Oversight, to the extent these records are
maintained in the EOUST. (Office addresses can be located on the Internet at <i>
http://www.usdoj.gov/ust.</i>)
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address such inquiries to the Office of the General Counsel (FOIA/Privacy Counsel) at the
address listed on the USTP FOIA/Privacy Act Web site (<i>http://www.usdoj.gov/ust</i>). The
envelope and letter should be clearly marked "Privacy Act Request"  and comply with 28 CFR 16.40, <i
>et seq.</i>
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Address such inquiries to the Office of the General Counsel (FOIA/Privacy Counsel) at the
address listed on the USTP FOIA/Privacy Act Web site (<i>http://www.usdoj.gov/ust</i>). The
envelope and letter should be clearly marked "Privacy Act Request"  and comply with 28 CFR 16.40, <i
>et seq.</i>
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should clearly
and concisely state what information is being contested, the reasons for contesting it, and the
proposed amendment to the information. Address such inquiries to the Office of the General Counsel
(FOIA/Privacy Counsel) at the address listed on the USTP FOIA/Privacy Act Web site (<i>
http://www.usdoj.gov/ust</i>). The envelope and letter should be clearly marked "Privacy Act
Request"  and comply with 28 CFR 16.40, <i>et seq.</i>
</p></xhtmlContent></subsection>
	<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system generally consist of the applicant, the
applicant’s references, interested third parties, and/or USTP personnel.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>	
	
	
	

<section id="doj" toc="yes">
<systemNumber>/UST-003</systemNumber>
<subsection type="systemName">U.S. Trustee Program Timekeeping Records.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Sensitive But Unclassified.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>The Executive Office for United States Trustees (EOUST) and other offices of the United
States Trustee Program (USTP) depending upon where an employee has been assigned for duty. (Office
addresses can be located on the Internet at <i>http://www.usdoj.gov/ust.</i>)
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Employees of the USTP field offices, generally to include Assistant United States Trustees,
trial attorneys, bankruptcy analysts, paralegal specialists, and clerical support staff.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records in this system may include USTP employees’ names, personal identifiers, and a record
of their work time.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintained pursuant to the responsibilities of the USTP
under, <i>e.g.</i>, 28 U.S.C. 581, <i>et seq.</i>, and 11 U.S.C. 101, <i>et seq.</i>
</p><p>Purpose:</p>
<p>This system consists of records of the work time of employees of the USTP, and is used, <i>
e.g.</i>, to evaluate workload as a basis for requesting and allocating personnel and other
resources.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>(A) Release of Information to Former Employees:
</p><p>The Department of Justice may disclose relevant and necessary information 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.
</p><p>(B) Release of Information to Contractors:
</p><p>Information from these records may be disclosed 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.
</p><p>(C) Release of Information to Members of Congress:
</p><p>Information from these records may be disclosed 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.
</p><p>(D) Release of Information to National Archives and Records Administration:
</p><p>A record from this system of records may be disclosed to the National Archives and Records
Administration for the purposes of records management inspections conducted under the authority of
44 U.S.C. 2904 and 2906.
</p><p>(E) Release of Information in Proceedings:
</p><p>Information from these records may be disclosed in an appropriate proceeding before a court, 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.
</p><p>(F) Release of Information related to Investigations and Proceedings:
</p><p>Information from these records may be disclosed in the course of investigating the potential or
actual violation of any law--whether civil, criminal, or regulatory in nature--or for the
preparation of a trial or hearing for such violation. Such information may be disclosed to a
federal, state, local, tribal, or foreign agency, or to an individual or organization, if there is
reason to believe that such agency, individual, or organization possesses information relating to
the investigation, trial, or hearing, and if the dissemination is reasonably necessary to elicit
such information or to obtain the cooperation of a witness or an informant.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records in this system, except as specified below, are recorded on paper/cardboard material
and maintained in file cabinets, storage containers, electric file/card retrievers, or safes.
Certain records in this system are entered into automated information systems and stored on servers
and/or magnetic disks for use or reproduction in report form at various times.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>In USTP field offices, USTP timekeeping records are maintained by the name of the employee.
In EOUST, such records are maintained and organized by USTP office, job title, and the name of the
employee. Automated information is retrieved by a variety of key words.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Records contained in this system are unclassified. They are safeguarded and protected in
accordance with Departmental rules and procedures governing the handling of official records and
computerized information. During duty hours, access to this system is monitored and controlled by
USTP office personnel. During nonduty hours, offices are locked.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>These records may be destroyed by shredding, burning, or similar methods after being audited
or when three years old.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>The system managers for this system of records are: (a) the United States Trustees or
Assistant United States Trustees, to the extent these records are maintained in their offices; and
(b) the Assistant Director, Office of Research and Planning, to the extent these records are
maintained in the EOUST. (Office addresses can be located on the Internet at <i>
http://www.usdoj.gov/ust.</i>)
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address such inquiries to the Office of the General Counsel (FOIA/Privacy Counsel) at the
address listed on the USTP FOIA/Privacy Act Web site (<i>http://www.usdoj.gov/ust</i>). The
envelope and letter should be clearly marked "Privacy Act Request"  and comply with 28 CFR 16.40, <i
>et seq.</i>
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Address such inquiries to the Office of the General Counsel (FOIA/Privacy Counsel) at the
address listed on the USTP FOIA/Privacy Act Web site <i>(http://www.usdoj.gov/ust</i>). The
envelope and letter should be clearly marked "Privacy Act Request"  and comply with 28 CFR 16.40, <i
>et seq.</i>
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should clearly
and concisely state what information is being contested, the reasons for contesting it, and the
proposed amendment to the information. Address such inquiries to the Office of the General Counsel
(FOIA/Privacy Counsel) at the address listed on the USTP FOIA/Privacy Act Web site (<i>
http://www.usdoj.gov/ust</i>). The envelope and letter should be clearly marked "Privacy Act
Request"  and comply with 28 CFR 16.40, <i>et seq.</i>
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system generally consist of USTP personnel.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/UST-004</systemNumber>
<subsection type="systemName">U.S. Trustee Program Case Referral System.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Sensitive But Unclassified.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>The Executive Office for United States Trustees (EOUST) and other offices of the United
States Trustee Program (USTP), depending on where the acts under investigation occurred. (Office
addresses can be located on the Internet at <i>http://www.usdoj.gov/ust.</i>)
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Entities and individuals involved in the bankruptcy process who are suspected of having
engaged in criminal conduct or of having violated other federal laws, and whose activities have been
or may be investigated or reported by the USTP to a United States Attorney or other law enforcement
authority for investigation, prosecution, or other action pursuant to 28 U.S.C. 586, 18 U.S.C. 3057,
or other legal authority.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records in this system may include information associated with a referral to law enforcement
authorities in connection with bankruptcy proceedings or related matters arising under 11 U.S.C.
101, <i>et seq.</i>, or 28 U.S.C. 581, <i>et seq.</i> This system may contain information pertaining
to the subject of the referral, who may be a debtor, creditor, party in interest, credit counseling
and/or debtor education provider, or any other entity associated with the bankruptcy or other
proceedings. This system may also contain information about the proceedings with which the subject
of the referral is associated. Such information may include the subject’s name, address, date of
birth, Social Security number, financial account numbers, or other personal identifiers; a
chronological account of the incident(s); the source of the information, including confidential
sources, if any; witnesses’ names, addresses, and other personal identifiers; the law enforcement
agency to which the referral is made; the status or final disposition of the referral; the case
number, chapter, and status of any related proceedings; the bankruptcy trustee/examiner’s name,
address, phone number, and other personal identifiers; the judge assigned to the case; and such
other case data as may be furnished to or available in the records of the court or of the USTP.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintained pursuant to the responsibilities of the USTP
under, <i>e.g.</i>, 28 U.S.C. 581, <i>et seq.</i>, 11 U.S.C. 101, <i>et seq.</i>, and 18 U.S.C.
3057.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The purposes of this system are to assist the United States Trustees: (1) in supervising the
administration of cases and trustees in cases and proceedings filed under the Bankruptcy Code (11
U.S.C. 101, <i>et seq.</i>); (2) in carrying out their congressional mandate "to serve as bankruptcy
watch-dogs to prevent fraud, dishonesty, and overreaching in the bankruptcy arena"  (H.R. Rep. No.
595, 95th Cong., 2d Sess. 88 (1978)); and (3) in complying with 18 U.S.C. 3057, which directs
trustees to report for investigation any instance where there are reasonable grounds for believing
that there has been a violation of federal laws relating to insolvent debtors or reorganization
plans. The USTP may inform the appropriate law enforcement authorities when fraud or other
violations of federal law are suspected or discovered in a bankruptcy case and will maintain records
thereof described under "Categories of Records in the System"  (above). The data will be used for
Program-wide evaluation purposes, for statistical purposes, and to track the number, type, and
outcome of cases referred for investigation.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>(A) Release of Information to Former Employees:
</p><p>The Department of Justice may disclose relevant and necessary information 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.
</p><p>(B) Release of Information to Contractors:
</p><p>Information from these records may be disclosed 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.
</p><p>(C) Release of Information in Proceedings:
</p><p>Information from these records may be disclosed in an appropriate proceeding before a court, 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 holds the records to be relevant to the proceeding.
</p><p>(D) Release of Information for Litigation-related Discussions:
</p><p>Information from these records may be disclosed to an actual or potential party to litigation or
the party’s authorized representative for the purpose of negotiation or discussion of such matters
as settlement, plea bargaining, or in informal discovery proceedings.
</p><p>(E) Release of Information to Bankruptcy Trustees:
</p><p>Information from these records may be disclosed to a trustee under chapter 7, 11, 12, or 13 of
title 11, U.S. Code, when the United States Trustee determines that the release of such information
is necessary to enable the trustee to properly administer a case or to perform the duties and
responsibilities of a case trustee under 28 U.S.C. 586, 18 U.S.C. 3057, or 11 U.S.C. 101, <i>et seq.
</i>, including responding to complaints and inquiries related to a bankruptcy case, submitted to
the USTP by interested parties.
</p><p>(F) Release of Information to Complainants and Victims:
</p><p>Information from these records may be disclosed 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.
</p><p>(G) Release of Information to the News Media:
</p><p>Information from these records may be disclosed 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 privacy.
</p><p>(H) Release of Information to Members of Congress:
</p><p>Information from these records may be disclosed to a Member of Congress or staff acting on the
Member’s behalf when the Member or staff requests the information on behalf of, and at the request
of, the individual to whom the records pertain.
</p><p>(I) Release of Information to National Archives and Records Administration:
</p><p>These records may be disclosed 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.
</p><p>(J) Release of Information to Law Enforcement or Regulatory Agencies:
</p><p>With respect to non-law enforcement records, where a record, either alone or in conjunction with
other information, indicates a violation or potential violation of law--criminal, civil, or
regulatory in nature--the relevant records may be referred to the appropriate federal, state,
local, tribal, or foreign law enforcement authority or other appropriate entity charged with the
responsibility for investigating or prosecuting such violation or charged with enforcing or
implementing such law.
</p><p>(K) Release of Information to Licensing Agencies:
</p><p>Information from these records may be disclosed to federal, state, local, tribal, foreign, or
international licensing agencies or associations which require information concerning the
suitability or eligibility of an individual for a license or permit.
</p><p>(L) Release of Information to Judicial Branch:
</p><p>These records may be disclosed to members of the judicial branch of the federal government where
disclosure appears relevant to the authorized function of the recipient judicial office or court
system under 18 U.S.C. 3057.
</p><p>(M) Release of Information to Credit/Consumer Reporting Agencies:
</p><p>Information from these records may be disclosed to a credit or consumer reporting agency, as such
terms are used in the Fair Credit Reporting Act (15 U.S.C. 1681, <i>et seq.</i>) and the Debt
Collection Act (31 U.S.C. 3701, <i>et seq.</i>), when such information is necessary or appropriate
to ensure that bankruptcy-related credit information is correct and accurate.
</p><p>(N) Release of Information Related to Investigations and Proceedings:
</p><p>Information from these records may be disclosed in the course of investigating the potential or
actual violation of any law--whether civil, criminal, or regulatory in nature--or for the
preparation of a trial or hearing for such violation. Such information may be disclosed to a
federal, state, local, tribal, or foreign agency, or to an individual or organization, if there is
reason to believe that such agency, individual, or organization possesses information relating to
the investigation, trial, or hearing, and if the dissemination is reasonably necessary to elicit
such information or to obtain the cooperation of a witness or an informant.
</p><p>(O) Release of Information in Connection with Section 341 Meetings:
</p><p>Information from these records may be disclosed in connection with meetings held under 11 U.S.C.
341 and related proceedings, when the Department of Justice determines that the records are arguably
relevant to such meetings or proceedings. Transcripts or other records of such meetings may also be
disclosed upon request pursuant to relevant bankruptcy laws or rules.
</p><p>(P) Release of Information to Law Enforcement Authority:
</p><p>With respect to law enforcement records, to any criminal, civil, or regulatory law enforcement
authority (whether federal, state, local, tribal, or foreign) where the information is relevant to
the recipient entity’s law enforcement responsibilities.
</p><p>(Q) Release of Information to USTP Approved Credit Counseling and Debtor Education Providers:
</p><p>Information from these records may be disclosed to a USTP approved credit counseling and/or
debtor education provider when the EOUST or United States Trustee determines that the release of
such information is necessary to enable the approved provider to properly perform the duties and
responsibilities of a credit counseling and/or debtor education provider under 11 U.S.C. 101, <i>et
seq.</i>, and other legal authority, including responding to complaints and inquiries related to the
provider, submitted to the USTP by interested parties.
</p><p>(R) Release of Information to Bankruptcy Examiners:
</p><p>Information from these records may be disclosed to a bankruptcy examiner appointed in a case
under title 11, U.S. Code, when the United States Trustee determines that the release of such
information is necessary to enable the bankruptcy examiner to properly perform the duties and
responsibilities of an examiner under 11 U.S.C. 101, <i>et seq.</i>, and other legal authority,
including responding to complaints and inquiries related to a bankruptcy case, submitted to the USTP
by interested parties.
</p><p>(S) Release of Information to Ombudsmen:
</p><p>Information from these records may be disclosed to an ombudsman appointed in a case under title
11, U.S. Code, when the United States Trustee determines that the release of such information is
necessary to enable the ombudsman to properly perform the duties and responsibilities of an
ombudsman under 11 U.S.C. 101, <i>et seq.</i>, and other legal authority, including responding to
complaints and inquiries related to a bankruptcy case, submitted to the USTP by interested parties.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records in this system, except as specified below, are recorded on paper/cardboard material
and maintained in file cabinets, storage containers, electric file/card retrievers, or safes.
Certain records in this system are entered into automated information systems and stored on servers
and/or magnetic disks for use or reproduction in report form at various times.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>In EOUST and in USTP field offices, case referral records are filed alphanumerically or
chronologically. Automated information is retrieved by a variety of key words, including names of
individuals or other personal identifiers.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Records contained in this system are unclassified but highly sensitive. They are safeguarded
and protected in accordance with Departmental rules and procedures governing the handling of
official records and computerized information. During duty hours, access to this system is monitored
and controlled by USTP office personnel. During nonduty hours, offices are locked. Only those
persons with a need to know have access to the records.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Criminal referral records may be destroyed by shredding, burning, or similar methods five
years from the date of the finding of insufficient evidence, declination of prosecution, or the
voting of a No True Bill by a Grand Jury. For criminal referral records in which criminal charges
have been brought, such records may be destroyed five years from the date of sentencing or the date
of a nonappealable judicial determination, whichever is later (National Archives and Records
Administration approval pending).
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>The system managers for this system of records are: (a) the United States Trustees or
Assistant United States Trustees, to the extent these records are maintained in their offices; and
(b) Office of the General Counsel and/or Chief of Criminal Enforcement, to the extent these records
are maintained in the EOUST. (Office addresses can be located on the Internet at <i>
http://www.usdoj.gov/ust.</i>)
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address such inquiries to the Office of the General Counsel (FOIA/Privacy Counsel) at the
address listed on the USTP FOIA/Privacy Act Web site (<i>http://www.usdoj.gov/ust</i>). The
envelope and letter should be clearly marked "Privacy Act Request"  and comply with 28 CFR 16.40, <i>et seq.</i>
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Address such inquiries to the Office of the General Counsel (FOIA/Privacy Counsel) at the
address listed on the USTP FOIA/Privacy Act Web site (<i>http://www.usdoj.gov/ust</i>). The
envelope and letter should be clearly marked "Privacy Act Request"  and comply with 28 CFR 16.40, <i
>et seq.</i>
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should clearly
and concisely state what information is being contested, the reasons for contesting it, and the
proposed amendment to the information. Address such inquiries to the Office of the General Counsel
(FOIA/Privacy Counsel) at the address listed on the USTP FOIA/Privacy Act Web site (<i>
http://www.usdoj.gov/ust</i>). The envelope and letter should be clearly marked "Privacy Act
Request"  and comply with 28 CFR 16.40, <i>et seq.</i>
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The records generally contain information obtained by or furnished to the USTP from: (1)
Federal or state court records; (2) debtors or debtors’ principals, agents or representatives; (3)
informants and interested third parties; and (4) other law enforcement sources.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>The Attorney General has exempted this system of records 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) and (k)(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 <i>Federal
Register</i>. <i>See</i> 28 CFR 16.77.
</p></xhtmlContent></subsection></section>
<section id="doj" toc="yes">
<systemNumber>/UST-005</systemNumber>
<subsection type="systemName">Credit Counseling and Debtor Education Files and Associated Records.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>Sensitive But Unclassified
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>The Executive Office for U.S. Trustees (EOUST) and other offices of the United States
Trustee Program (USTP) depending upon the judicial district(s) where the credit counselor or debtor
education provider delivers services or has made application to deliver services under title 11,
U.S. Code (11 U.S.C. 101, <i>et seq.</i>). (Office addresses can be located on the Internet at <i>
http://www.usdoj.gov/ust.</i>)
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals and entities applying for approval and reapproval by the United States
Trustee(s) to provide credit counseling and/or debtor education services under title 11, U.S. Code,
including, but not limited to: (a) primary contact persons, agency representatives, principals,
owners, counselors, educators, teachers, sole proprietors, managers, supervisors, employees, current
and former directors, officers, and trustees; (b) individuals and entities whose approval and
reapproval are pending or withdrawn or have been granted, denied, or revoked by the United States
Trustee(s); (c) other parties in interest, agents, affiliates, related entities, independent
contractors, contract service providers, credit counseling and debtor education clients, students,
professionals, debtors, creditors, bankruptcy trustees, attorneys, accountants, auditors, or those
otherwise involved in credit counseling and debtor education.
</p><p>Individuals who have filed complaints or comments with the United States Trustee(s) or EOUST
against credit counseling and debtor education providers whose approval and reapproval are pending
or withdrawn or have been granted, denied, or revoked by the United States Trustee(s) under title
11, U.S. Code.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records in this system may include: (a) Applications, appendices, and related documents
submitted to EOUST or the United States Trustee(s) by credit counseling agencies and debtor
education providers; (b) supplemental submissions to applications and related correspondence; (c)
data relating to the agencies’ and providers’ approval status and performance such as memoranda,
notes, messages, check lists, reviews, and evaluations; (d) information from federal, state, and
local government agencies, including Internal Revenue Service (IRS) release/waiver forms and IRS
audit information; (e) Social Security numbers and tax identification numbers; (f) federal and state
tax returns; (g) names, addresses, business locations and corresponding judicial districts, email
addresses, telephone and fax numbers, resumes, Curriculum Vitae, education, qualifications, and/or
experience of primary contact persons, agency representatives, principals, owners, counselors,
educators, teachers, sole proprietors, managers, supervisors, employees, current and former
directors, officers, and trustees, parties in interest, agents, affiliates, subsidiaries, related
entities, independent contractors, contract service providers, professionals, attorneys,
accountants, and auditors, including compensation earned or sought by each; (h) names of sureties
and amounts of bonds, securities, insurance policies, and letters of credit; (i) general
correspondence, forms, contracts, client agreements, schedules, budget analysis forms, training
materials, counseling and teaching methods, manuals, procedures, scripts, counseling materials,
debtor education curriculum, and Internet information; (j) fee schedules, suggested contributions,
and "fair share"  contributions made by creditors; (k) bank and financial institution information,
including names of depositories and amounts of funds deposited in operating accounts and trust
accounts; (l) audits, audited and unaudited financial statements, and cash flow projections (balance
sheets, profit and loss statements, and statements of cash flow, and a year-to-date budget versus
actual comparison, including all underlying assumptions); (m) annual disbursements; (n) business
plans; (o) debt management plan servicing agreements; (p) statistics and activity reports; (q)
background checks and miscellaneous investigative records; (r) copies of certain pleadings or other
papers filed in court, including those filed by the USTP; (s) bond or other claims, arbitrations,
and mediations, (t) tracking and monitoring records and management reports, including information
obtained during onsite visits to credit counseling and debtor education providers to monitor quality
assurance, such as records, notes, and tape recorded client counseling sessions and debtor education
courses; (u) disciplinary and enforcement actions and administrative reviews; (v) licenses,
accreditations, and certifications; (w) standards, guidelines, and memberships with associations,
(x) credit counseling certificates, debt management plans, debtor education certificates,
certificate numbers, certificate issue and completion dates, and bankruptcy case names and numbers,
(y) acknowledgments, agreements, and declarations; and (z) names of complainants, complaints,
complaint forms, comments, related correspondence, client surveys, client evaluations and forms, and
complaint reports and referral information, including records provided to and received from federal,
state, and local agencies.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This system is established and maintained pursuant to the bankruptcy oversight and related
responsibilities of the USTP under, e.g., 28 U.S.C. 581, <i>et seq.</i>, and 11 U.S.C. 101, <i>et
seq.</i>, and other legal authority.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The records in this system will be used to assist the EOUST and United States Trustee(s) to:
(a) Determine and reassess the suitability, eligibility, and qualifications of persons providing or
applying to provide credit counseling and/or debtor education services under title 11, U.S. Code;
(b) maintain the requisite data conveniently; (c) ensure compliance with statutory requirements; (d)
monitor credit counseling agencies’ and debtor education providers’ approval status, compliance with
approval standards, and performance of approved providers; (e) monitor the issuance of certificates
and detect and deter certificate forgery; and (f) collect and maintain complaints and comments from
bankruptcy debtors and the public in order to take appropriate actions, including referrals to other
government agencies.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>(A) Release of Information to Former Employees:
</p><p>The Department of Justice may disclose relevant and necessary information 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.
</p><p>(B) Release of Information to Contractors:
</p><p>Information from these records may be disclosed 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.
</p><p>(C) Release of Information in Proceedings:
</p><p>Information from these records may be disclosed in an appropriate proceeding before a court, 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.
</p><p>(D) Release of Information for Litigation-Related Discussions:
</p><p>Information from these records may be disclosed to an actual or potential party to litigation or
the party’s authorized representative for the purpose of negotiation or discussion of such matters
as settlement, plea bargaining, or in informal discovery proceedings.
</p><p>(E) Release of Information to Bankruptcy Trustees:
</p><p>Information from these records may be disclosed to a trustee under chapter 7, 11, 12, or 13 of
title 11, U.S. Code, when the United States Trustee determines that the release of such information
is necessary to enable the trustee to properly administer a case or to perform the duties and
responsibilities of a case trustee under 28 U.S.C. 586, 18 U.S.C. 3057, or 11 U.S.C. 101, <i>et seq.
</i>, including responding to complaints and inquiries related to a bankruptcy case, submitted to
the USTP by interested parties.
</p><p>(F) Release of Information to Complainants and Victims:
</p><p>Information from these records may be disclosed 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.
</p><p>(G) Release of Information to the News Media:
</p><p>Information from these records may be disclosed 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><p>(H) Release of Information to Members of Congress:
</p><p>Information from these records may be disclosed 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.
</p><p>(I) Release of Information to National Archives and Records Administration:
</p><p>A record from this system of records may be disclosed 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.
</p><p>(J) Release of Information to Law Enforcement or Regulatory Agencies:
</p><p>With respect to non-law enforcement records, where a record, either alone or in conjunction with
other information, indicates a violation or potential violation of law--criminal, civil, or
regulatory in nature--the relevant records may be referred to the appropriate federal, state,
local, tribal, or foreign law enforcement authority or other appropriate entity charged with the
responsibility for investigating or prosecuting such violation or charged with enforcing or
implementing such law.
</p><p>(K) Release of Information to Licensing Agencies:
</p><p>Information from these records may be disclosed to federal, state, local, tribal, foreign, or
international licensing agencies or associations which require information concerning the
suitability or eligibility of an individual for a license or permit.
</p><p>(L) Release of Information for Employment, Clearance, Contract, or Grant Purposes:
</p><p>Information from these records may be disclosed 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.
</p><p>(M) Release of Information to Credit/Consumer Reporting Agencies:
</p><p>Information from these records may be disclosed to a credit or consumer reporting agency, as such
terms are used in the Fair Credit Reporting Act (15 U.S.C. 1681, <i>et seq.</i>) and the Debt
Collection Act (31 U.S.C. 3701, <i>et seq.</i>), when such information is necessary or appropriate
to ensure that bankruptcy-related credit information is correct and accurate.
</p><p>(N) Release of Information Related to Investigations and Proceedings:
</p><p>Information from these records may be disclosed in the course of investigating the potential or
actual violation of any law--whether civil, criminal, or regulatory in nature--or for the
preparation of a trial or hearing for such violation. Such information may be disclosed to a
federal, state, local, tribal, or foreign agency, or to an individual or organization, if there is
reason to believe that such agency, individual, or organization possesses information relating to
the investigation, trial, or hearing, and if the dissemination is reasonably necessary to elicit
such information or to obtain the cooperation of a witness or an informant.
</p><p>(O) Release of Information in Connection with Section 341 Meetings:
</p><p>Information from these records may be disclosed in connection with meetings held under 11 U.S.C.
341 and related proceedings, when the Department of Justice determines that the records are arguably
relevant to such meetings or bankruptcy proceedings. Transcripts or other records of such meetings
may also be disclosed upon request pursuant to relevant bankruptcy laws or rules.
</p><p>(P) Release of Information to Law Enforcement Authority
</p><p>With respect to law enforcement records, to any criminal, civil, or regulatory law enforcement
authority (whether federal, state, local, tribal, or foreign) where the information is relevant to
the recipient entity’s law enforcement responsibilities.
</p><p>(Q) Release of Information in Connection with USTP Decisions to Grant, Deny, or Revoke Approval
or Reapproval of Credit Counseling and Debtor Education Applicants and Providers:
</p><p>Information from these records may be disclosed to appropriate third parties to the extent
necessary to collect or verify information pertinent to the USTP’s decision to grant, deny, or
revoke approval or reapproval of a provider of credit counseling or debtor education services under
title 11, U.S. Code, including to a federal, state, local, tribal, or foreign agency, or an
individual or organization, if there is reason to believe that such agency, individual, or
organization possesses information that the USTP needs to make a determination related to the
granting, denial, or revocation of approval or reapproval of an applicant, and if the dissemination
is reasonably necessary to elicit such information or to obtain the cooperation of any third party.
</p><p>(R) Release of Information to USTP Approved Credit Counseling and Debtor Education Providers:
</p><p>Information from these records may be disclosed to a USTP approved credit counseling and/or
debtor education provider when the EOUST or United States Trustee determines that the release of
such information is necessary to enable the approved provider to properly perform the duties and
responsibilities of a credit counseling and/or debtor education provider under 11 U.S.C. 101, <i>et
seq.</i>, and other legal authority, including responding to complaints and inquiries related to the
provider, submitted to the USTP by interested parties.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records in this system, except as specified below, are recorded on paper/cardboard material
and maintained in file cabinets, storage containers, electric file/card retrievers, or safes.
Certain records in this system are entered into automated information systems and stored on servers
and/or magnetic disks for use or reproduction in report form at various times.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>In EOUST, records are maintained and organized alphanumerically by assigned number and
alphabetically by name. In USTP field offices, credit counseling and debtor education records are
filed alphabetically by the applicant’s name and assigned number. Automated information is retrieved
by a variety of key words, including names of individuals and other personal identifiers.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Records contained in this system are unclassified. They are safeguarded and protected in
accordance with Departmental rules and procedures governing the handling of official records and
computerized information. During duty hours, access to this system is monitored and controlled by
USTP office personnel. During nonduty hours, offices are locked.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Credit counseling and debtor education applications and related records may be destroyed
three years after the date of the USTP’s final dispositive decision or final agency action or three
years from the date of a nonappealable judicial determination, except in the following
circumstances. If the provider dies or withdraws an initial application for a six-month approval
period before a final decision by the UST is made to approve or disapprove the application, the
records may be destroyed after one year. Complaints filed with the USTP may be destroyed two years
from the date of receipt. To prevent unauthorized disclosure, records are destroyed by shredding,
burning, or similar methods. (National Archives and Records Administration approval pending).
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>The system managers for this system of records are (a) the Chief, Credit Counseling and
Debtor Education Unit, to the extent these records are maintained in the EOUST; and (b) the United
States Trustee(s) or Assistant United States Trustee(s) to the extent these records are maintained
in their offices. (Office addresses can be located on the Internet at <i>http://www.usdoj.gov/ust</i
>).
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Address such inquiries to the Office of the General Counsel (FOIA/Privacy Counsel) at the
address listed on the USTP FOIA/Privacy Act Web site (<i>http://www.usdoj.gov/ust</i>). The
envelope and letter should be clearly marked "Privacy Act Request"  and comply with 28 CFR 16.40, <i
>et seq.</i>
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Address such inquiries to the Office of the General Counsel (FOIA/Privacy Counsel) at the
address listed on the USTP FOIA/Privacy Act Web site (<i>http://www.usdoj.gov/ust</i>). The
envelope and letter should be clearly marked "Privacy Act Request"  and comply with 28 CFR 16.40, <i
>et seq.</i>
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest or amend information maintained in the system should clearly
and concisely state what information is being contested, the reason for contesting it, and the
proposed amendment to the information. Address such inquiries to the Office of the General Counsel
(FOIA/Privacy Counsel) at the address listed on the USTP FOIA/Privacy Act Web site (<i>
http://www.usdoj.gov/ust</i>). The envelope and letter should be clearly marked "Privacy Act
Request"  and comply with 28 CFR 16.40, <i>et seq.</i>
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Sources of information contained in this system generally consist of the credit counseling
and/or debtor education provider applicants, and those whose applications for approval or reapproval
have been withdrawn by the applicant or granted, denied, or revoked by the United States Trustee(s);
the applicants’ references; interested third parties; federal and state agencies; and/or USTP
personnel.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ovw1" toc="yes">
<systemNumber>/OVW-001</systemNumber>
<subsection type="systemName">Peer Reviewer Database.
</subsection>
<subsection type="securityClassification"><xhtmlContent>
<p>  Unclassified.</p>
</xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent>
<p>Office on Violence Against Women, 145 N Street NE., Suite 10W121, Washington, DC  20530.  Duplicate information may be stored at other locations for purposes of system backup, emergency preparedness, and continuity of operations.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent>
<p>  Individuals selected by OVW to serve as peer reviewers, as well as individuals who are candidates to be a peer reviewer, during the solicitation review process for different federal grant programs authorized by the Violence Against Women Act and administered by OVW.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent>
<p>  Records in the peer reviewer database include an individual’s name, mailing address, personal e-mail address, telephone number, work-related information (e.g., current occupation, job title, work address, e-mail address, work address, and work history), areas of expertise, and availability.  In addition, information regarding education level, gender, ethnicity, and tribal affiliation may be provided on a voluntary basis. </p>
</xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent>
<p> 5 U.S.C. 301, 42 U.S.C. 13925 et seq., and 44 U.S.C. 3101. 
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent>
<p>The Peer Reviewer Database is a system that allows OVW to select individuals to serve as grant application reviewers during the peer review process in connection with OVW’s annual administration of grant awards. 
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent>
<p> In addition to those disclosures generally permitted under 5 U.S.C. 552a(b), relevant information contained in this system may be disclosed as follows:</p>
<p>(a) 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.  </p>
<p>(b) 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>
<p>(c) 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.  </p>
<p>(d) 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.</p>
<p>(e) 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.</p>
<p>(f) To appropriate agencies, entities, and persons when (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DOJ (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 Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.</p>
<p>(g) To another Federal agency or Federal entity, when the Department 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.
</p>
<p>Disclosure to consumer reporting agencies:</p>
<p> None.</p>
</xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent>
<p>Storage:</p>
<p> Records in this system are in electronic form.  Records are stored in accordance with applicable executive orders, statutes, and agency implementing recommendations.
</p></xhtmlContent></subsection>
    <subsection type="retrievability">
        <xhtmlContent>
            <p>
                Records are retrieved by the name of the peer reviewer.
            </p>
        </xhtmlContent>
    </subsection>
<subsection type="safeguards"><xhtmlContent>
<p> 
 Information in this system is maintained in accordance with applicable laws, rules, and policies on protecting individual privacy.  The servers storing electronic data and the backup tapes stored onsite are located in locked rooms with access limited to authorized agency personnel.  Backup tapes stored offsite are maintained in accordance with a government contract that requires adherence to applicable laws, rules, and policies on protecting individual privacy.  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 forensic analysis during incident investigations.  Users of individual computers can only gain access to the data by a valid user identification and password.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent>
<p> Records are retained and disposed of in accordance with the National Archives and Records Administration’s General Records Schedule 3, Item 14, "Grant Administrative Files." 
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent>
<p> Acquisition Liaison Specialist, Office on Violence Against Women, 145 N Street NE., Suite 10W121, Washington, DC  20530.</p>
</xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent>
<p> Same as Record Access Procedures. </p>
</xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent>
<p> All requests for access must be in writing, must comply with 28 CFR part 16, and should be addressed to: FOIA/Privacy Act Officer, Office on Violence Against Women, United States Department of Justice, 145 N Street NE., Suite 10W121, Washington, DC  20530, or by email to ovw.foia@usdoj.gov.  The envelope and 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.  Although no specific form is required, you may obtain forms for this purpose 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.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent>
<p>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 reasons for contesting it, and the proposed amendment to the information sought.  Once a potential peer reviewer has entered his/her information in the database, he/she may also update that information at any time using the assigned User ID and password.  Reviewers are encouraged to periodically update their personal and professional information, as necessary, to ensure OVW has the most accurate information possible to best match skills to individual program peer reviews.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent>
<p>Individuals selected by OVW desiring to serve as peer reviewers.  
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent>
<p> None. </p></xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p>79 FR 28774 (May 19, 2014): Last published in full.</p>
</xhtmlContent></subsection></section>
<previousPubs id="systems" toc="yes">
<title>Systems of Records Published Between January 2, 2016 and December 31, 2017</title>
</previousPubs>
<regulations id="reg1" toc="yes">
<regulationsTitle number="28">
<heading>Judicial Administration</heading>
<regulationsChapter number="I">
<heading>DEPARTMENT OF JUSTICE</heading>
<regulationsPart number="16">
<heading>PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION</heading>
<xhtmlContent>	
<p><b>Subpart D--Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974</b></p>
        <p>
            Sec.
        </p>
<p>16.40 General provisions.
</p>
<p>16.41 Requests for access to records.
</p>
<p>16.42 Responsibility for responding to requests for access to records.
</p>
<p>16.43 Responses to requests for access to records.
</p>
<p>16.44 Classified information.
</p>
<p>16.45 Appeals from denials of requests for access to records.
</p>
<p>16.46 Requests for amendment or correction of records.
</p>
<p>16.47 Requests for an accounting of record disclosures.
</p>
<p>16.48 Preservation of records.
</p>
<p>16.49 Fees.
</p>
<p>16.50 Notice of court-ordered and emergency disclosures.
</p>
<p>16.51 Security of systems of records.
</p>
<p>16.52 Contracts for the operation of record systems.
</p>
<p>16.53 Use and collection of social security numbers.
</p>
<p>16.54 Employee standards of conduct.
</p>
<p>16.55 Other rights and services.</p>
<p><b>Subpart E--Exemption of Records Systems Under the Privacy Act 
</b></p>
<p>16.70 Exemption of the Office of the Attorney General System--limited access. 
</p>
<p>16.71 Exemption of the Office of the Deputy Attorney General System--limited access. 
</p>
<p>16.72 Exemption of Office of the Associate Attorney General System--limited access. 
</p>
<p>16.73 Exemption of Office of Legal Policy System--limited access.
</p>
<p>16.74 Exemption of National Security Division Systems--limited access.
</p>
<p>16.75 Exemption of the Office of the Inspector General Systems/Limited Access. 
</p>
<p>16.76 Exemption of Justice Management Division. 
</p>
<p>16.77 Exemption of U.S. Trustee Program System--limited access.
</p>
<p>16.78 Exemption of the Special Counsel for Immigration-Related, Unfair Employment Practices Systems. 
</p>
<p>16.79 Exemption of Pardon Attorney System. 
</p>
<p>16.80 Exemption of Office of Professional Responsibility System--limited access.
</p>
<p>16.81 Exemption of United States Attorneys Systems--limited access.
</p>
<p>16.82 Exemption of the National Drug Intelligence Center Data Base--limited access.
</p>
<p>16.83 Exemption of the Executive Office for Immigration Review System--limited access.
</p>
<p>16.84 Exemption of Immigration Appeals System. 
</p>
<p>16.85 Exemption of U.S. Parole Commission--limited access. 
</p>
<p>16.88 Exemption of Antitrust Division Systems--limited access.
</p>
<p>16.89 Exemption of Civil Division Systems--limited access.
</p>
<p>16.90 Exemption of Civil Rights Division Systems. 
</p>
<p>16.91 Exemption of Criminal Division Systems--limited access, as indicated. 
</p>
<p>16.92 Exemption of Environment and Natural Resources Division Systems--limited access. 
</p>
<p>16.93 Exemption of Tax Division Systems--limited access. 
</p>
<p>16.96 Exemption of Federal Bureau of Investigation Systems--limited access. 
</p>
<p>16.97 Exemption of Bureau of Prisons Systems--limited access. 
</p>
<p>16.98 Exemption of the Drug Enforcement Administration (DEA) Systems--limited access. 
</p>
<p>16.99 Exemption of the Immigration and Naturalization Service Systems-limited access.
</p>
<p>16.100 Exemption of Office of Justice Programs--limited access.
</p>
<p>16.101 Exemption of U.S. Marshals Service Systems--limited access, as indicated. 
</p>
<p>16.102 Exemption of Drug Enforcement Administration and Immigration and Naturalization Service Joint System of Records. 
</p>
<p>16.103 Exemption of the INTERPOL-United States National Central Bureau (INTERPOL-USNCB) System.
</p>
<p>16.104 Exemption of Office of Special Counsel--Waco System.
</p>
<p>16.105 Exemption of Foreign Terrorist Tracking Task Force System.
</p>
<p>16.106 Exemption of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)--Limited Access.
</p>
<p>16.130 Exemption of Department of Justice Systems: Correspondence Management Systems for the Department of Justice (DOJ-003); Freedom of Information Act, Privacy Act and Mandatory Declassification Review Requests and Administrative Appeals for the Department of Justice (DOJ-004).
</p>
<p>16.131 Exemption of Department of Justice (DOJ)/Nationwide Joint Automated Booking System (JABS), DOJ-005.
</p>
<p>16.132 Exemption of Department of Justice System--Personnel Investigation and Security Clearance Records for the Department of Justice (DOJ), DOJ-006.
</p>
<p>16.133 Exemption of Department of Justice Regional Data Exchange System (RDEX), DOJ-012.
</p>
<p>16.134 Exemption of Debt Collection Enforcement System, Justice/DOJ-016.
</p>
<p>16.135 Exemptions of Executive Office for Organized Crime Drug Enforcement Task Forces Systems.
</p>
<p>16.136 Exemptions of the Department of Justice, Giglio Information System, Justice/DOJ-017.</p>
<p><b>Subpart D--Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974
</b></p>
<p><b>Source:</b> Order No. 2156-98, 63 FR 29600, June 1, 1998, unless otherwise noted.

</p>
<p><b>&#167; 16.40
 General provisions.
</b></p>
<p>(a) <i>Purpose and scope.</i> This subpart contains the rules that the Department of Justice follows under the Privacy Act of 1974, 5 U.S.C. 552a. These rules should be read together with the Privacy Act, which provides additional information about records maintained on individuals. The rules in this subpart apply to all records in systems of records maintained by the Department that are retrieved by an individual’s name or personal identifier. They describe the procedures by which individuals may request access to records about themselves, request amendment or correction of those records, and request an accounting of disclosures of those by the Department. In addition, the Department processes all Privacy Act requests for access to records under the Freedom of Information Act (FOIA), 5 U.S.C. 552, following the rules contained in subpart A of this part, which gives requests the benefit of both statutes.
</p>
<p>(b) <i>Definitions.</i> As used in this subpart:
</p>
<p>(1) <i>Component</i> means each separate bureau, office, board, division, commission, service, or administration of the Department of Justice.
</p>
<p>(2) <i>Request for access</i> to a record means a request made under Privacy Act subsection (d)(1).
</p>
<p>(3) <i>Request for amendment or correction</i> of a record means a request made under Privacy Act subsection (d)(2).
</p>
<p>(4) <i>Request for an accounting</i> means a request made under Privacy Act subsection (c)(3).
</p>
<p>(5) <i>Requester</i> means an individual who makes a request for access, a request for amendment or correction, or a request for an accounting under the Privacy Act.
</p>
<p>(c) <i>Authority to request records for a law enforcement purpose.</i> The head of a component or a United States Attorney, or either’s designee, is authorized to make written requests under subsection (b)(7) of the Privacy Act for records maintained by other agencies that are necessary to carry out an authorized law enforcement activity.
</p>
<p>[Order No. 2156-98, 63 FR 29600, June 1, 1998; 63 FR 51401, Sept. 25, 1998]
</p><p><b>&#167; 16.41
 Requests for access to records.
</b></p>
<p>(a) <i>How made and addressed.</i> You may make a request for access to a Department of Justice record about yourself by appearing in person or by writing directly to the Department component that maintains the record. Your request should be sent or delivered to the component’s Privacy Act office at the address listed in appendix I to this part. In most cases, a component’s central Privacy Act office is the place to send a Privacy Act request. For records held by a field office of the Federal Bureau of Investigation (FBI) or the Immigration and Naturalization Service (INS), however, you must write directly to that FBI or INS field office address, which can be found in most telephone books or by calling the component’s central Privacy Act office. (The functions of each component are summarized in Part 0 of this title and in the description of the Department and its components in the "United States Government Manual," which is issued annually and is available in most libraries, as well as for sale from the Government Printing Office’s Superintendent of Documents. This manual also can be accessed electronically at the Government Printing Office’s World Wide Web site (which can be found at <i>http://www.access.gpo.gov/su_docs</i>). If you cannot determine where within the Department to send your request, you may send it to the FOIA/PA Mail Referral Unit, Justice Management Division, U.S. Department of Justice, 950 Pennsylvania Avenue, NW., Washington, DC 20530-0001, and that office will forward it to the component(s) it believes most likely to have the records that you seek. For the quickest possible handling, you should mark both your request letter and the envelope "Privacy Act Request."
</p>
<p>(b) <i>Description of records sought.</i> You must describe the records that you want in enough detail to enable Department personnel to locate the system of records containing them with a reasonable amount of effort. Whenever possible, your request should describe the records sought, the time periods in which you believe they were compiled, and the name or identifying number of each system of records in which you believe they are kept. The Department publishes notices in the <i>Federal Register</i> that describe its components’ systems of records. A description of the Department’s systems of records also may be found as part of the "Privacy Act Compilation" published by the National Archives and Records Administration’s Office of the Federal Register. This compilation is available in most large reference and university libraries. This compilation also can be accessed electronically at the Government Printing Office’s World Wide Web site (which can be found at <i>http://www.access.gpo.gov/su_docs</i>). 
</p>
<p>(c) <i>Agreement to pay fees.</i> If you make a Privacy Act request for access to records, it shall be considered an agreement by you to pay all applicable fees charged under &#167; 16.49, up to $25.00. The component responsible for responding to your request ordinarily shall confirm this agreement in an acknowledgement letter. When making a request, you may specify a willingness to pay a greater or lesser amount. 
</p>
<p>(d) <i>Verification of identity.</i> When you make a request for access to records about yourself, you must verify your identity. You must state your full name, current address, and date and place of birth. You must sign your request and your signature must either be notarized or submitted by you under 28 U.S.C. 1746, a law that permits statements to be made under penalty of perjury as a substitute for notarization. While no specific form is required, you may obtain forms for this purpose from the FOIA/PA Mail Referral Unit, Justice Management Division, U.S. Department of Justice, 950 Pennsylvania Avenue, NW., Washington, DC 20530-0001. In order to help the identification and location of requested records, you may also, at your option, include your social security number. 
</p>
<p>(e) <i>Verification of guardianship.</i> When making a request as the parent or guardian of a minor or as the guardian of someone determined by a court to be incompetent, for access to records about that individual, you must establish: 
</p>
<p>(1) The identity of the individual who is the subject of the record, by stating the name, current address, date and place of birth, and, at your option, the social security number of the individual; 
</p>
<p>(2) Your own identity, as required in paragraph (d) of this section; 
</p>
<p>(3) That you are the parent or guardian of that individual, which you may prove by providing a copy of the individual’s birth certificate showing your parentage or by providing a court order establishing your guardianship; and 
</p>
<p>(4) That you are acting on behalf of that individual in making the request.
</p>
<p>[Order No. 2156-98, 63 FR 29600, June 1, 1998; 63 FR 34965, June 26, 1998; 63 FR 51401, Sept. 25, 1998]
</p><p><b>&#167; 16.42
 Responsibility for responding to requests for access to records.
</b></p>
<p>(a) <i>In general.</i> Except as stated in paragraphs (c), (d), and (e) of this section, the component that first receives a request for access to a record, and has possession of that record, is the component responsible for responding to the request. In determining which records are responsive to a request, a component ordinarily shall include only those records in its possession as of the date the component begins its search for them. If any other date is used, the component shall inform the requester of that date.
</p>
<p>(b) <i>Authority to grant or deny requests.</i> The head of a component, or the component head’s designee, is authorized to grant or deny any request for access to a record of that component.
</p>
<p>(c) <i>Consultations and referrals.</i> When a component receives a request for access to a record in its possession, it shall determine whether another component, or another agency of the Federal Government, is better able to determine whether the record is exempt from access under the Privacy Act. If the receiving component determines that it is best able to process the record in response to the request, then it shall do so. If the receiving component determines that it is not best able to process the record, then it shall either:
</p>
<p>(1) Respond to the request regarding that record, after consulting with the component or agency best able to determine whether the record is exempt from access and with any other component or agency that has a substantial interest in it; or
</p>
<p>(2) Refer the responsibility for responding to the request regarding that record to the component best able to determine whether it is exempt from access, or to another agency that originated the record (but only if that agency is subject to the Privacy Act). Ordinarily, the component or agency that originated a record will be presumed to be best able to determine whether it is exempt from access.
</p>
<p>(d) <i>Law enforcement information.</i> Whenever a request is made for access to a record containing information that relates to an investigation of a possible violation of law and that was originated by another component or agency, the receiving component shall either refer the responsibility for responding to the request regarding that information to that other component or agency or shall consult with that other component or agency.
</p>
<p>(e) <i>Classified information.</i> Whenever a request is made for access to a record containing information that has been classified by or may be appropriate for classification by another component or agency under Executive Order 12958 or any other executive order concerning the classification of records, the receiving component shall refer the responsibility for responding to the request regarding that information to the component or agency that classified the information, should consider the information for classification, or has the primary interest in it, as appropriate. Whenever a record contains information that has been derivatively classified by a component because it contains information classified by another component or agency, the component shall refer the responsibility for responding to the request regarding that information to the component or agency that classified the underlying information.
</p>
<p>(f) <i>Notice of referral.</i> Whenever a component refers all or any part of the responsibility for responding to a request to another component or agency, it ordinarily shall notify the requester of the referral and inform the requester of the name of each component or agency to which the request has been referred and of the part of the request that has been referred.
</p>
<p>(g) <i>Timing of responses to consultations and referrals.</i> All consultations and referrals shall be handled according to the date the Privacy Act access request was initially received by the first component or agency, not any later date.
</p>
<p>(h) <i>Agreements regarding consultations and referrals.</i> Components may make agreements with other components or agencies to eliminate the need for consultations or referrals for particular types of records.
</p>
<p>[Order No. 2156-98, 63 FR 29600, June 1, 1998; 63 FR 34965, June 26, 1998; 63 FR 51401, Sept. 25, 1998]
</p><p><b>&#167; 16.43
 Responses to requests for access to records.
</b></p>
<p>(a) <i>Acknowledgements of requests.</i> On receipt of a request, a component ordinarily shall send an acknowledgement letter to the requester which shall confirm the requester’s agreement to pay fees under &#167; 16.41(c) and provide an assigned request number for further reference.
</p>
<p>(b) <i>Grants of requests for access.</i> Once a component makes a determination to grant a request for access in whole or in part, it shall notify the requester in writing. The component shall inform the requester in the notice of any fee charged under &#167; 16.49 and shall disclose records to the requester promptly on payment of any applicable fee. If a request is made in person, the component may disclose records to the requester directly, in a manner not unreasonably disruptive of its operations, on payment of any applicable fee and with a written record made of the grant of the request. If a requester is accompanied by another person, the requester shall be required to authorize in writing any discussion of the records in the presence of the other person.
</p>
<p>(c) <i>Adverse determinations of requests for access.</i> A component making an adverse determination denying a request for access in any respect shall notify the requester of that determination in writing. Adverse determinations, or denials of requests, consist of: A determination to withhold any requested record in whole or in part; a determination that a requested record does not exist or cannot be located; a determination that what has been requested is not a record subject to the Privacy Act; a determination on any disputed fee matter; and a denial of a request for expedited treatment. The notification letter shall be signed by the head of the component, or the component head’s designee, and shall include:
</p>
<p>(1) The name and title or position of the person responsible for the denial;
</p>
<p>(2) A brief statement of the reason(s) for the denial, including any Privacy Act exemption(s) applied by the component in denying the request; and
</p>
<p>(3) A statement that the denial may be appealed under &#167; 16.45(a) and a description of the requirements of &#167; 16.45(a).
</p><p><b>&#167; 16.44
 Classified information.
</b></p>
<p>In processing a request for access to a record containing information that is classified under Executive Order 12958 or any other executive order, the originating component shall review the information to determine whether it should remain classified. Information determined to no longer require classification shall not be withheld from a requester on the basis of Exemption (k)(1) of the Privacy Act. On receipt of any appeal involving classified information, the Office of Information and Privacy shall take appropriate action to ensure compliance with part 17 of this title.
</p><p><b>&#167; 16.45
 Appeals from denials of requests for access to records.
</b></p>
<p>(a) <i>Appeals.</i> If you are dissatisfied with a component’s response to your request for access to records, you may appeal an adverse determination denying your request in any respect to the Office of Information and Privacy, U.S. Department of Justice, Flag Building, Suite 570, Washington, DC 20530-0001. You must make your appeal in writing and it must be received by the Office of Information and Privacy within 60 days of the date of the letter denying your request. Your appeal letter may include as much or as little related information as you wish, as long as it clearly identifies the component determination (including the assigned request number, if known) that you are appealing. For the quickest possible handling, you should mark both your appeal letter and the envelope "Privacy Act Appeal." Unless the Attorney General directs otherwise, a Director of the Office of Information and Privacy will act on behalf of the Attorney General on all appeals under this section, except that:
</p>
<p>(1) In the case of an adverse determination by the Deputy Attorney General or the Associate Attorney General, the Attorney General or the Attorney General’s designee will act on the appeal;
</p>
<p>(2) An adverse determination by the Attorney General will be the final action of the Department; and
</p>
<p>(3) An appeal ordinarily will not be acted on if the request becomes a matter of litigation.
</p>
<p>(b) <i>Responses to appeals.</i> The decision on your appeal will be made in writing. A decision affirming an adverse determination in whole or in part will include a brief statement of the reason(s) for the affirmance, including any Privacy Act exemption applied, and will inform you of the Privacy Act provisions for court review of the decision. If the adverse determination is reversed or modified on appeal in whole or in part, you will be notified in a written decision and your request will be reprocessed in accordance with that appeal decision.
</p>
<p>(c) <i>When appeal is required.</i> If you wish to seek review by a court of any adverse determination or denial of a request, you must first appeal it under this section.
</p><p><b>&#167; 16.46
 Requests for amendment or correction of records.
</b></p>
<p>(a) <i>How made and addressed.</i> Unless the record is not subject to amendment or correction as stated in paragraph (f) of this section, you may make a request for amendment or correction of a Department of Justice record about yourself by writing directly to the Department component that maintains the record, following the procedures in &#167; 16.41. Your request should identify each particular record in question, state the amendment or correction that you want, and state why you believe that the record is not accurate, relevant, timely, or complete. You may submit any documentation that you think would be helpful. If you believe that the same record is in more than one system of records, you should state that and address your request to each component that maintains a system of records containing the record.
</p>
<p>(b) <i>Component responses.</i> Within ten working days of receiving your request for amendment or correction of records, a component shall send you a written acknowledgment of its receipt of your request, and it shall promptly notify you whether your request is granted or denied. If the component grants your request in whole or in part, it shall describe the amendment or correction made and shall advise you of your right to obtain a copy of the corrected or amended record, in disclosable form. If the component denies your request in whole or in part, it shall send you a letter signed by the head of the component, or the component head’s designee, that shall state:
</p>
<p>(1) The reason(s) for the denial; and
</p>
<p>(2) The procedure for appeal of the denial under paragraph (c) of this section, including the name and business address of the official who will act on your appeal.
</p>
<p>(c) <i>Appeals.</i> You may appeal a denial of a request for amendment or correction to the Office of Information and Privacy in the same manner as a denial of a request for access to records (see &#167; 16.45) and the same procedures shall be followed. If your appeal is denied, you shall be advised of your right to file a Statement of Disagreement as described in paragraph (d) of this section and of your right under the Privacy Act for court review of the decision.
</p>
<p>(d) <i>Statements of Disagreement.</i> If your appeal under this section is denied in whole or in part, you have the right to file a Statement of Disagreement that states your reason(s) for disagreeing with the Department’s denial of your request for amendment or correction. Statements of Disagreement must be concise, must clearly identify each part of any record that is disputed, and should be no longer than one typed page for each fact disputed. Your Statement of Disagreement must be sent to the component involved, which shall place it in the system of records in which the disputed record is maintained and shall mark the disputed record to indicate that a Statement of Disagreement has been filed and where in the system of records it may be found.
</p>
<p>(e) <i>Notification of amendment/correction or disagreement.</i> Within 30 working days of the amendment or correction of a record, the component that maintains the record shall notify all persons, organizations, or agencies to which it previously disclosed the record, if an accounting of that disclosure was made, that the record has been amended or corrected. If an individual has filed a Statement of Disagreement, the component shall append a copy of it to the disputed record whenever the record is disclosed and may also append a concise statement of its reason(s) for denying the request to amend or correct the record.
</p>
<p>(f) <i>Records not subject to amendment or correction.</i> The following records are not subject to amendment or correction:
</p>
<p>(1) Transcripts of testimony given under oath or written statements made under oath;
</p>
<p>(2) Transcripts of grand jury proceedings, judicial proceedings, or quasi-judicial proceedings, which are the official record of those proceedings;
</p>
<p>(3) Presentence records that originated with the courts; and
</p>
<p>(4) Records in systems of records that have been exempted from amendment and correction under Privacy Act, 5 U.S.C. 552a(j) or (k) by notice published in the <i>Federal Register.</i>
</p><p><b>&#167; 16.47
 Requests for an accounting of record disclosures.
</b></p>
<p>(a) <i>How made and addressed.</i> Except where accountings of disclosures are not required to be kept (as stated in paragraph (b) of this section), you may make a request for an accounting of any disclosure that has been made by the Department to another person, organization, or agency of any record about you. This accounting contains the date, nature, and purpose of each disclosure, as well as the name and address of the person, organization, or agency to which the disclosure was made. Your request for an accounting should identify each particular record in question and should be made by writing directly to the Department component that maintains the record, following the procedures in &#167; 16.41.
</p>
<p>(b) <i>Where accountings are not required.</i> Components are not required to provide accountings to you where they relate to:
</p>
<p>(1) Disclosures for which accountings are not required to be kept--in other words, disclosures that are made to employees within the agency and disclosures that are made under the FOIA;
</p>
<p>(2) Disclosures made to law enforcement agencies for authorized law enforcement activities in response to written requests from those law enforcement agencies specifying the law enforcement activities for which the disclosures are sought; or
</p>
<p>(3) Disclosures made from law enforcement systems of records that have been exempted from accounting requirements.
</p>
<p>(c) <i>Appeals.</i> You may appeal a denial of a request for an accounting to the Office of Information and Privacy in the same manner as a denial of a request for access to records (see &#167; 16.45) and the same procedures will be followed.
</p><p><b>&#167; 16.48
 Preservation of records.
</b></p>
<p>Each component will preserve all correspondence pertaining to the requests that it receives under this subpart, as well as copies of all requested records, until disposition or destruction is authorized by title 44 of the United States Code or the National Archives and Records Administration’s General Records Schedule 14. Records will not be disposed of while they are the subject of a pending request, appeal, or lawsuit under the Act.
</p><p><b>&#167; 16.49
 Fees.
</b></p>
<p>Components shall charge fees for duplication of records under the Privacy Act in the same way in which they charge duplication fees under &#167; 16.11. No search or review fee may be charged for any record unless the record has been exempted from access under Exemptions (j)(2) or (k)(2) of the Privacy Act.
</p><p><b>&#167; 16.50
 Notice of court-ordered and emergency disclosures.
</b></p>
<p>(a) <i>Court-ordered disclosures.</i> When a record pertaining to an individual is required to be disclosed by a court order, the component shall make reasonable efforts to provide notice of this to the individual. Notice shall be given within a reasonable time after the component’s receipt of the order--except that in a case in which the order is not a matter of public record, the notice shall be given only after the order becomes public. This notice shall be mailed to the individual’s last known address and shall contain a copy of the order and a description of the information disclosed. Notice shall not be given if disclosure is made from a criminal law enforcement system of records that has been exempted from the notice requirement.
</p>
<p>(b) <i>Emergency disclosures.</i> Upon disclosing a record pertaining to an individual made under compelling circumstances affecting health or safety, the component shall notify that individual of the disclosure. This notice shall be mailed to the individual’s last known address and shall state the nature of the information disclosed; the person, organization, or agency to which it was disclosed; the date of disclosure; and the compelling circumstances justifying the disclosure.
</p>
<p>[Order No. 2156-98, 63 FR 29600, June 1, 1998; 63 FR 51401, Sept. 25, 1998]
</p><p><b>&#167; 16.51
 Security of systems of records.
</b></p>
<p>(a) Each component shall establish administrative and physical controls to prevent unauthorized access to its systems of records, to prevent unauthorized disclosure of records, and to prevent physical damage to or destruction of records. The stringency of these controls shall correspond to the sensitivity of the records that the controls protect. At a minimum, each component’s administrative and physical controls shall ensure that:
</p>
<p>(1) Records are protected from public view;
</p>
<p>(2) The area in which records are kept is supervised during business hours to prevent unauthorized persons from having access to them;
</p>
<p>(3) Records are inaccessible to unauthorized persons outside of business hours; and
</p>
<p>(4) Records are not disclosed to unauthorized persons or under unauthorized circumstances in either oral or written form.
</p>
<p>(b) Each component shall have procedures that restrict access to records to only those individuals within the Department who must have access to those records in order to perform their duties and that prevent inadvertent disclosure of records.
</p>
<p>[Order No. 2156-98, 63 FR 29600, June 1, 1998; 63 FR 34965, June 26, 1998]
</p><p><b>&#167; 16.52
 Contracts for the operation of record systems.
</b></p>
<p>Any approved contract for the operation of a record system will contain the standard contract requirements issued by the General Services Administration to ensure compliance with the requirements of the Privacy Act for that record system. The contracting component will be responsible for ensuring that the contractor complies with these contract requirements.
</p><p><b>&#167; 16.53
 Use and collection of social security numbers.
</b></p>
<p>Each component shall ensure that employees authorized to collect information are aware:
</p>
<p>(a) That individuals may not be denied any right, benefit, or privilege as a result of refusing to provide their social security numbers, unless the collection is authorized either by a statute or by a regulation issued prior to 1975; and
</p>
<p>(b) That individuals requested to provide their social security numbers must be informed of:
</p>
<p>(1) Whether providing social security numbers is mandatory or voluntary;
</p>
<p>(2) Any statutory or regulatory authority that authorizes the collection of social security numbers; and
</p>
<p>(3) The uses that will be made of the numbers.
</p><p><b>&#167; 16.54
 Employee standards of conduct.
</b></p>
<p>Each component will inform its employees of the provisions of the Privacy Act, including the Act’s civil liability and criminal penalty provisions. Unless otherwise permitted by law, an employee of the Department of Justice shall:
</p>
<p>(a) Collect from individuals only the information that is relevant and necessary to discharge the responsibilities of the Department;
</p>
<p>(b) Collect information about an individual directly from that individual whenever practicable;
</p>
<p>(c) Inform each individual from whom information is collected of:
</p>
<p>(1) The legal authority to collect the information and whether providing it is mandatory or voluntary;
</p>
<p>(2) The principal purpose for which the Department intends to use the information;
</p>
<p>(3) The routine uses the Department may make of the information; and
</p>
<p>(4) The effects on the individual, if any, of not providing the information;
</p>
<p>(d) Ensure that the component maintains no system of records without public notice and that it notifies appropriate Department officials of the existence or development of any system of records that is not the subject of a current or planned public notice;
</p>
<p>(e) Maintain all records that are used by the Department in making any determination about an individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to ensure fairness to the individual in the determination;
</p>
<p>(f) Except as to disclosures made to an agency or made under the FOIA, make reasonable efforts, prior to disseminating any record about an individual, to ensure that the record is accurate, relevant, timely, and complete;
</p>
<p>(g) Maintain no record describing how an individual exercises his or her First Amendment rights, unless it is expressly authorized by statute or by the individual about whom the record is maintained, or is pertinent to and within the scope of an authorized law enforcement activity;
</p>
<p>(h) When required by the Act, maintain an accounting in the specified form of all disclosures of records by the Department to persons, organizations, or agencies;
</p>
<p>(i) Maintain and use records with care to prevent the unauthorized or inadvertent disclosure of a record to anyone; and
</p>
<p>(j) Notify the appropriate Department official of any record that contains information that the Privacy Act does not permit the Department to maintain.
</p>
<p>[Order No. 2156-98, 63 FR 29600, June 1, 1998; 63 FR 34965, June 26, 1998; 63 FR 51401, Sept. 25, 1998]
</p><p><b>&#167; 16.55
 Other rights and services.
</b></p>
<p>Nothing in this subpart shall be construed to entitle any person, as of right, to any service or to the disclosure of any record to which such person is not entitled under the Privacy Act.</p>
<p><b>Subpart E--Exemption of Records Systems Under the Privacy Act
</b></p>
<p><b>Source:</b> Order No. 645-76, 41 FR 12640, Mar. 26, 1976, unless otherwise noted. 
</p><p><b>&#167; 16.70 
 Exemption of the Office of the Attorney General System--limited access. 
</b></p>
<p>(a) The following system of records is exempt from 5 U.S.C. 552a(c) (3) and (4); (d); (e) (1), (2) and (3), (e)(4) (G) and (H), (e)(5); and (g):
</p>
<p>(1) General Files System of the Office of the Attorney General (JUSTICE/OAG-001).
</p>
<p>These exemptions apply only to the extent that information in the system is subject to exemption pursuant to 5 U.S.C. 552a (j)(2), (k)(1), (k)(2), and (k)(5).
</p>
<p>(b) Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (c)(3) because making available to a record subject the accounting of disclosures from records concerning him/her would reveal investigative interest on the part of the Department of Justice as well as the recipient agency. This would permit record subjects to impede the investigation, e.g., destroy evidence, intimidate potential witnesses, or flee the area to avoid inquiries or apprehension by law enforcement personnel.
</p>
<p>(2) From subsection (c)(4) because this system is exempt from the access provisions of subsection (d) pursuant to subsections (j) and (k) of the Privacy Act.
</p>
<p>(3) From subsection (d) because the records contained in this system relate to official Federal investigations. Individual access to these records might compromise ongoing investigations, reveal confidential informants or constitute unwarranted invasions of the personal privacy of third parties who are involved in a certain investigation. Amendment of the records would interfere with ongoing criminal law enforcement proceedings and impose an impossible administrative burden by requiring criminal investigations to be continuously reinvestigated.
</p>
<p>(4) From subsections (e) (1) and (5) because in the course of law enforcement investigations, information may occasionally be obtained or introduced the accuracy of which is unclear or which is not strictly relevant or necessary to a specific investigation. In the interests of effective law enforcement, it is appropriate to retain all information that may aid in establishing patterns of criminal activity. Moreover, it would impede the specific investigative process if it were necessary to assure the relevance, accuracy, timeliness and completeness of all information obtained.
</p>
<p>(5) From subsection (e)(2) because in a law enforcement investigation the requirement that information be collected to the greatest extent possible from the subject individual would present a serious impediment to law enforcement in that the subject of the investigation would be informed of the existence of the investigation and would therefore be able to avoid detection, apprehension, or legal obligations of duties. 
</p>
<p>(6) From subsection (e)(3) because to comply with the requirements of this subsection during the course of an investigation could impede the information gathering process, thus hampering the investigation.
</p>
<p>(7) From subsections (e)(4) (G) and (H) because this system is exempt from the access provisions of subsection (d) pursuant to subsections (j) and (k) of the Privacy Act.
</p>
<p>(8) From subsection (g) because this system is exempt from the access and amendment provisions of subsection (d) pursuant to subsections (j) and (k) of the Privacy Act.
</p>
<p>[Order No. 31-85, 51 FR 751, Jan. 8, 1986]
</p><p><b>&#167; 16.71 
 Exemption of the Office of the Deputy Attorney General System--limited access. 
</b></p>
<p>(a) The following systems of records and exempt from 5 U.S.C. 552a(d)(1) and (e)(1):
</p>
<p>(1) Presidential Appointee Candidate Records System (JUSTICE/DAG-006). 
</p>
<p>(2) Presidential Appointee Records System (JUSTICE/DAG-007). 
</p>
<p>(3) Special Candidates for Presidential Appointments Records System (JUSTICE/DAG-008). 
</p>
<p>(4) Miscellaneous Attorney Personnel Records System (JUSTICE/DAG-011).
</p>
<p>These exemptions apply only to the extent that information in these systems is subject to exemption pursuant to 5 U.S.C. 552a(k)(5).
</p>
<p>(b) Exemptions from the particular subsections are justified for the following reasons: 
</p>
<p>(1) From subsection (d)(1) because many persons are contacted who, without an assurance of anonymity, refuse to provide information concerning a candidate for a Presidential appointee or Department attorney position. Access could reveal the identity of the source of the information and constitute a breach of the promise of confidentiality on the part of the Department of Justice. Such breaches ultimately would restrict the free flow of information vital to a determination of a candidate’s qualifications and suitability. 
</p>
<p>(2) From subsection (e)(1) because in the collection of information for investigative and evaluative purposes, it is impossible to determine in advance what exact information may be of assistance in determining the qualifications and suitability of a candidate. Information which may appear irrelevant, when combined with other seemingly irrelevant information, can on occasion provide a composite picture of a candidate for a position which assists in determining whether that candidate should be nominated for appointment. 
</p>
<p>(c) The General Files System of the Office of the Deputy Attorney General (JUSTICE/DAG-013) is exempt from 5 U.S.C. 552a(c)(3) and (4); (d); (e)(1), (2), (3) and (5); and (g).
</p>
<p>(d) The exemptions for the General Files System apply only to the extent that information is subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(1), (k)(2) and (k)(5). 
</p>
<p>(e) Exemptions from the particular subsections are justified for the following reasons: 
</p>
<p>(1) From subsection (c)(3) because making available to a record subject the accounting of disclosures from records concerning him/her could reveal investigative interest on the part of the Department of Justice, as well as the recipient agency. This would permit record subjects to impede the investigation, e.g., destroy evidence, intimidate potential witnesses, or flee the area to avoid inquiries or apprehension by law enforcement personnel. Further, making available to a record subject the accounting of disclosures could reveal the identity of a confidential source. In addition, release of an accounting of disclosures from the General Files System may reveal information that is properly classified pursuant to Executive Order 12356, and thereby cause damage to the national security. 
</p>
<p>(2) From subsection (c)(4) because these systems are exempt from the access provisions of subsection (d) pursuant to subsections (j) and (k) of the Privacy Act. 
</p>
<p>(3) From subsection (d) because the records contained in these systems relate to official Federal investigations. Individual access to these records could compromise ongoing investigations, reveal confidential informants and/or sensitive investigative techniques used in particular investigations, or constitute unwarranted invasions of the personal privacy of third parties who are involved in a certain investigation. In addition, release of records from the General Files System may reveal information that is properly classified pursuant to Executive Order 12356, and thereby cause damage to the national security. Amendment of the records in either of these systems would interfere with ongoing law enforcement proceedings and impose an impossible administrative burden by requiring law enforcement investigations to be continuously reinvestigated. 
</p>
<p>(4) From subsections (e)(1) and (e)(5) because in the course of law enforcement investigations information may occasionally be obtained or introduced the accuracy of which is unclear or which is not strictly relevant or necessary to a specific investigation. In the interests of effective law enforcement, it is appropriate to retain all information that may aid in establishing patterns of criminal activity. Moreover, it would impede any investigative process, whether civil or criminal, if it were necessary to assure the relevance, accuracy, timeliness and completeness of all information obtained. 
</p>
<p>(5) From subsection (e)(2) because in a law enforcement investigation the requirement that information be collected to the greatest extent possible from the subject individual would present a serious impediment to law enforcement in that the subject of the investigation would be informed of the existence of the investigation and may therefore be able to avoid detection, apprehension, or legal obligations or duties. 
</p>
<p>(6) From subsection (e)(3) because to comply with the requirements of this subsection during the course of an investigation could impede the information gathering process, thus hampering the investigation. 
</p>
<p>(7) From subsection (g) because these systems of records are exempt from the access and amendment provisions of subsection (d) pursuant to subsections (j) and (k) of the Privacy Act.
</p>
<p>[Order No. 57-91, 56 FR 58305, Nov. 19, 1991, as amended by Order No. 006-2013, 78 FR 69754, Nov. 21, 2013]
</p><p><b>&#167; 16.72 
 Exemption of Office of the Associate Attorney General System--limited access. 
</b></p>
<p>(a) The following system of records is exempt from 5 U.S.C. 552a(c) (3) and (4); (d); (e)(1), (2), (3) and (5); and (g):
</p>
<p>(1) General Files System of the Office of the Associate Attorney General (JUSTICE/AAG-001).
</p>
<p>These exemptions apply only to the extent that information in the system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(1), (k)(2) and (k)(5).
</p>
<p>(b) Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (c)(3) because making available to a record subject the accounting of disclosures from records concerning him/her could reveal investigative interest on the part of the Department of Justice, as well as the recipient agency. This would permit record subjects to impede the investigation, e.g., destroy evidence, intimidate potential witnesses, or flee the area to avoid inquiries or apprehension by law enforcement personnel. Further, making available to a record subject the accounting of disclosures could reveal the identity of a confidential source. In addition, release of an accounting of disclosures may reveal information that is properly classified pursuant to Executive Order 12356, and thereby cause damage to the national security.
</p>
<p>(2) From subsection (c)(4) because this system is exempt from the access provisions of subsection (d) pursuant to subsections (j)(2), (k)(1), (k)(2) and (k)(5) of the Privacy Act.
</p>
<p>(3) From subsection (d) because the records contained in this system relate to official Federal investigations. Individual access to these records could compromise ongoing investigations, reveal confidential informants and/or sensitive investigative techniques used in particular investigations, or constitute unwarranted invasions of the personal privacy of third parties who are involved in a certain investigation. In addition, release of these records may reveal information that is properly classified pursuant to Executive Order 12356, and thereby cause damage to the national security. Amendment of the records in this system would interfere with ongoing law enforcement proceedings and impose an impossible administrative burden by requiring law enforcement investigations to be continuously reinvestigated.
</p>
<p>(4) From subsections (e)(1) and (e)(5) because in the course of law enforcement investigations information may occasionally be obtained or introduced the accuracy of which is unclear or which is not strictly relevant or necessary to a specific investigation. In the interests of effective law enforcement, it is appropriate to retain all information that may aid in establishing patterns of criminal activity. Moreover, it would impede any investigative process, whether civil or criminal, if it were necessary to assure the relevance, accuracy, timeliness and completeness of all information obtained.
</p>
<p>(5) From subsection (e)(2) because in a law enforcement investigation the requirement that information be collected to the greatest extent possible from the subject individual would present a serious impediment to law enforcement in that the subject of the investigation would be informed of the existence of the investigation and may therefore be able to avoid detection, apprehension, or legal obligations or duties.
</p>
<p>(6) From subsection (e)(3) because to comply with the requirements of this subsection during the course of an investigation could impede the information gathering process, thus hampering the investigation.
</p>
<p>(7) From subsection (g) because this system of records is exempt from the access and amendment provisions of subsection (d) pursuant to subsections (j)(2), (k)(1), (k)(2) and (k)(5) of the Privacy Act.
</p>
<p>[Order No. 57-91, 56 FR 58305, Nov. 19, 1991]
</p><p><b>&#167; 16.73 
 Exemption of Office of Legal Policy System--limited access.
</b></p>
<p>(a) The following system of records is exempt from 5 U.S.C 552a (d)(1), (2), (3) and (4); (e)(1) and (2), (e)(4)(G) and (H), (e)(5); and (g):
</p>
<p>(1) Freedom of Information and Privacy Appeals Index (JUSTICE/OLP-001).
</p>
<p>These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(2) and (k)(5). 
</p>
<p>(b) Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsections (d)(1), (2), (3), and (4) to the extent that information in this record system relates to official Federal investigations and matters of law enforcement. Individual access to these records might compromise ongoing investigations, reveal confidential informants or constitute unwarranted invasions of the personal privacy of third parties who are involved in a certain investigation. Amendment of the records would interfere with ongoing criminal law enforcement proceedings and impose an impossible administrative burden by requiring criminal investigations to be continuously reinvestigated.
</p>
<p>(2) From subsections (e)(1) and (5) because in the course of law enforcement investigations, information may occasionally be obtained or introduced the accuracy of which is unclear or which is not strictly relevant or necessary to a specific investigation. In the interests of effective law enforcement, it is appropriate to retain all information that may aid in establishing patterns of criminal activity. Moreover, it would impede the specific investigative process if it were necessary to assure the relevance, accuracy, timeliness, and completeness of all information obtained.
</p>
<p>(3) From subsection (e)(2) because in a law enforcement investigation the requirement that information be collected to the greatest extent possible from the subject individual would present a serious impediment to law enforcement in that the subject of the investigation would be informed of the existence of the investigation and would therefore be able to avoid detection, apprehension, or legal obligations or duties.
</p>
<p>(4) From subsections (e)(4)(G) and (H) because this system is exempt from the access provisions of subsection (d) pursuant to subsections (j) and (k) of the Privacy Act.
</p>
<p>(5) From subsection (g) because this system is exempt from the access provisions of subsection (d) pursuant to subsections (j) and (k) of the Privacy Act.
</p>
<p>(c) The following system of records is exempt from 5 U.S.C. 552a(d)(1) and (e)(1):
</p>
<p>(1) U.S. Judges Records System (JUSTICE/OLP-002).
</p>
<p>These exemptions apply to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(k)(5).
</p>
<p>(d) Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (d)(1) because many persons are contracted who, without an assurance of anonymity, refuse to provide information concerning a candidate for a judgeship. Access could reveal the identity of the source of the information and constitute a breach of the promised confidentiality on the part of the Department. Such breaches ultimately would restrict the free flow of information vital to the determination of a candidate’s qualifications and suitability.
</p>
<p>(2) From subsection (e)(1) because in the collection of information for investigative and evaluative purposes, it is impossible to determine advance what exact information may be of assistance in determining the qualifications and suitability of a candidate. Information which may seem irrelevant, when combined with other seemingly irrelevant information, can on occasion provide a composite picture of a candidate which assists in determining whether that candidate should be nominated for appointment.
</p>
<p>(e) The following system of records is exempt from U.S.C. 552a(c) (3) and (4); (d); (e)(1), (2) and (3), (e)(4)(G) and (H) (e)(5); and (g):
</p>
<p>(1) General Files System of the Office of Legal Policy (JUSTICE/OLP-003).
</p>
<p>These exemptions apply only to the extent that information in the system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), and (k)(5).
</p>
<p>(f) Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (c)(3) because making available to a record subject the accounting of disclosures from records concerning him/her would reveal investigative interest on the part of the Department as well as the recipient agency. This would permit record subjects to impede the investigation, e.g., destroy evidence, intimidate potential witnesses, or flee the area to avoid inquiries or apprehension by law enforcement personnel.
</p>
<p>(2) From subsection (c)(4) because this system is exempt from the access provisions of subsection (d) pursuant to subsections (j) and (k) of the Privacy Act.
</p>
<p>(3) From subsection (d) because the records contained in this system relate to official Federal investigations. Individual access to these records might compromise ongoing investigations, reveal confidential informants, or constitute unwarranted invasions of the personal privacy of third parties who are involved in a certain investigation. Amendment of records would interfere with ongoing criminal law enforcement proceedings and impose an impossible administrative burden by requiring criminal investigations to be continuously reinvestigated.
</p>
<p>(4) From subsections (e) (1) and (5) because in the course of law enforcement investigations, information may occasionally be obtained or introduced the accuracy of which is unclear or which is not strictly relevant or necessary to a specific investigation. In the interests of effective law enforcement, it is appropriate to retain all information since it may aid in establishing patterns of criminal activity. Moreover, it would impede the specific investigation process if it were necessary to assure the relevance, accuracy, timeliness and completeness of all information obtained.
</p>
<p>(5) From subsections (e)(2) because in a law enforcement investigation the requirement that information be collected to the greatest extent possible from the subject individual would present a serious impediment to law enforcement in that the subject of the investigation would be informed of the existence of the investigation and would therefore be able to avoid detection, apprehension, or legal obligations and duties.
</p>
<p>(6) From subsection (e)(3) because to comply with the requirements of this subsection during the course of an investigation could impede the information gathering process, thus hampering the investigation.
</p>
<p>(7) From subsections (e)(4) (G) and (H) because this system is exempt from the access provisions of subsection (d) pursuant to subsections (j) and (k) of the Privacy Act.
</p>
<p>(8) From subsection (g) because this system is exempt from the access and amendment provisions of subsection (d) pursuant to subsections (j) and (k) of the Privacy Act.
</p>
<p>(g) The following system of records is exempt from 5 U.S.C. 552a (c)(3) and (4); (d); (e)(1), (2) and (3), (e)(4)(G) and (H), (e)(5); and (g):
</p>
<p>(1) Declassification Review System (JUSTICE/OLP-004).
</p>
<p>These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552(j)(2), (k)(1), (k)(2), and (k)(5). 
</p>
<p>(h) Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (c)(3) because making available to a record subject the accounting of disclosures from records concerning him/her would reveal investigative interest on the part of the Department of Justice as well as the recipient agency. This would permit record subjects to impede the investigation e.g., destroy evidence, intimidate potential witnesses, or flee the area to avoid inquiries or apprehension by law enforcement personnel.
</p>
<p>(2) From subsection (c)(4) because this system is exempt from the access provisions of subsection (d) pursuant to subsections (j) and (k) of the Privacy Act.
</p>
<p>(3) From subsection (d) to the extent that information in this record system relates to official Federal investigations and matters of law enforcement and/or is properly classified pursuant to E.O. 12356. Individual access to these records might compromise ongoing investigations, reveal confidential sources or constitute unwarranted invasions of the personal privacy of third parties who are involved in a certain investigation, or jeopardize national security or foreign policy interests. Amendment of the records would interfere with ongoing criminal law enforcement proceedings and impose an impossible administrative burden by requiring criminal investigations to be continuously reinvestigated.
</p>
<p>(4) From subsections (e) (1) and (5) because in the course of law enforcement investigations, information may occasionally be obtained or introduced the accuracy of which is unclear or which is not strictly relevant or necessary to a specific investigation. In the interests of effective law enforcement, it is appropriate to retain all information which may aid in establishing patterns of criminal activity. Moreover, it would impede the specific investigative process if it were necessary to assure the relevance, accuracy, timeliness, and completeness of all information obtained.
</p>
<p>(5) From subsection (e)(2) because in a law enforcement investigation the requirement that information be collected to the greatest extent possible from the subject individual would present a serious impediment to law enforcement in that the subject of the investigation would be informed of the existence of the investigation and would therefore be able to avoid detection, apprehension, or legal obligations or duties.
</p>
<p>(6) From subsection (e)(3) because to comply with the requirements of this subsection during the course of an investigation could impede the information gathering process, thus hampering the investigation.
</p>
<p>(7) From subsections (e)(4) (G) and (H), and (g) because this system is exempt from the access provisions of subsection (d) pursuant to subsections (j) and (k) of the Privacy Act.
</p>
<p>[Order No. 34-85, 51 FR 754, Jan. 8, 1986. Redesignated by Order No. 6-86, 51 FR 15476, Apr. 24, 1986, and further redesignated and amended by Order No. 19-86, 51 FR 39373, Oct. 28, 1986]
</p><p><b>&#167; 16.74
 Exemption of National Security Division Systems--limited access.
</b></p>
<p>(a) The following system of records is exempted from subsections (c)(3) and (4); (d); (e)(1), (2), (3), (4)(G),(H) and (I), (5) and (8); (f); (g); and (h) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2), (k)(1), (2) and (5): Foreign Intelligence and Counterintelligence Records System (JUSTICE/NSD-001). These exemptions apply only to the extent that information in the system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(1), (2), and (5).
</p>
<p>(b) Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) <i>Subsection (c)(3).</i> To provide the target of a surveillance or collection activity with the disclosure accounting records concerning him or her would hinder authorized United States intelligence activities by informing that individual of the existence, nature, or scope of information that is properly classified pursuant to Executive Order 12958, as amended, and thereby cause damage to the national security.
</p>
<p>(2) <i>Subsection (c)(4).</i> This subsection is inapplicable to the extent that an exemption is being claimed for subsection (d).
</p>
<p>(3) <i>Subsection (d)(1).</i> Disclosure of foreign intelligence and counterintelligence information would interfere with collection activities, reveal the identity of confidential sources, and cause damage to the national security of the United States. To ensure unhampered and effective collection and analysis of foreign intelligence and counterintelligence information, disclosure must be precluded.
</p>
<p>(4) <i>Subsection (d)(2).</i> Amendment of the records would interfere with ongoing intelligence activities thereby causing damage to the national security.
</p>
<p>(5) <i>Subsections (d)(3) and (4).</i> These subsections are inapplicable to the extent exemption is claimed from (d)(1) and (2).
</p>
<p>(6) <i>Subsection (e)(1).</i> It is often impossible to determine in advance if intelligence records contained in this system are relevant and necessary, but, in the interests of national security, it is necessary to retain this information to aid in establishing patterns of activity and provide intelligence leads.
</p>
<p>(7) <i>Subsection (e)(2).</i> Although this office does not conduct investigations, the collection efforts of agencies that supply information to this office would be thwarted if the agencies were required to collect information with the subject’s knowledge.
</p>
<p>(8) <i>Subsection (e)(3).</i> To inform individuals as required by this subsection could reveal the existence of collection activity and compromise national security. For example, a target could, once made aware that collection activity exists, alter his or her manner of engaging in intelligence or terrorist activities in order to avoid detection.
</p>
<p>(9) <i>Subsections (e)(4)(G), (H) and (I), and (f).</i> These subsections are inapplicable to the extent that this system is exempt from the access provisions of subsection (d).
</p>
<p>(10) <i>Subsection (e)(5).</i> It is often impossible to determine in advance if intelligence records contained in this system are accurate, relevant, timely and complete, but, in the interests of national security, it is necessary to retain this information to aid in establishing patterns of activity and providing intelligence leads.
</p>
<p>(11) <i>Subsection (e)(8).</i> Serving notice could give persons sufficient warning to evade intelligence collection and anti-terrorism efforts.
</p>
<p>(12) <i>Subsections (g) and (h).</i> These subsections are inapplicable to the extent that this system is exempt from other specific subsections of the Privacy Act.
</p>
<p>[Order No. 023-2007, 72 FR 44382, Aug. 8, 2007]
</p><p><b>&#167; 16.75 
 Exemption of the Office of the Inspector General Systems/Limited Access. 
</b></p>
<p>(a) The following system of records is exempted pursuant to the provisions of 5 U.S.C. 552a(j)(2) from subsections (c) (3) and (4), (d), (e)(1), (2), (3), (5), and (8), and (g) of 5 U.S.C. 552a. In addition, the following system of records is exempted pursuant to the provisions of 5 U.S.C. 552a(k)(1) and (k)(2) from subsections (c)(3), (d), and (e)(1) of 5 U.S.C. 552a:
</p>
<p>(1) Office of the Inspector General Investigative Records (JUSTICE/OIG-001).
</p>
<p>These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a (j)(2), (k)(1) and (k)(2). Where compliance would not appear to interfere with or adversely affect the law enforcement process, and/or where it may be appropriate to permit individuals to contest the accuracy of the information collected, e.g., public source materials, the applicable exemption may be waived, either partially or totally, by the Office of the Inspector General (OIG). 
</p>
<p>(b) Exemptions from the particular subsections are justified for the following reasons: 
</p>
<p>(1) From subsection (c)(3) because release of disclosure accounting could alert the subject of an investigation of an actual or potential criminal, civil, or regulatory violation to the existence of the investigation and the fact that they are subjects of the investigation, and reveal investigative interest by not only the OIG, but also by the recipient agency. Since release of such information to the subjects of an investigation would provide them with significant information concerning the nature of the investigation, release could result in the destruction of documentary evidence, improper influencing of witnesses, endangerment of the physical safety of confidential sources, witnesses, and law enforcement personnel, the fabrication of testimony, flight of the subject from the area, and other activities that could impede or compromise the investigation. In addition, accounting for each disclosure could result in the release of properly classified information which would compromise the national defense or disrupt foreign policy. 
</p>
<p>(2) From subsection (c)(4) because this system is exempt from the access provisions of subsection (d) pursuant to subsections (j) and (k) of the Privacy Act. 
</p>
<p>(3) From the access and amendment provisions of subsection (d) because access to the records contained in this system of records could inform the subject of an investigation of an actual or potential criminal, civil, or regulatory violation, of the existence of that investigation; of the nature and scope of the information and evidence obtained as to his activities; of the identity of confidential sources, witnesses, and law enforcement personnel, and of information that may enable the subject to avoid detection or apprehension. These factors would present a serious impediment to effective law enforcement where they prevent the successful completion of the investigation, endanger the physical safety of confidential sources, witnesses, and law enforcement personnel, and/or lead to the improper influencing of witnesses, the destruction of evidence, or the fabrication of testimony. In addition, granting access to such information could disclose security-sensitive or confidential business information or information that would constitute an unwarranted invasion of the personal privacy of third parties. Finally, access to the records could result in the release of properly classified information which would compromise the national defense or disrupt foreign policy. Amendment of the records would interfere with ongoing investigations and law enforcement activities and impose an impossible administrative burden by requiring investigations to be continuously reinvestigated.
</p>
<p>(4) From subsection (e)(1) because the application of this provision could impair investigations and interfere with the law enforcement responsibilities of the OIG for the following reasons: 
</p>
<p>(i) It is not possible to detect relevance or necessity of specific information in the early stages of a civil, criminal or other law enforcement investigation, case, or matter, including investigations in which use is made of properly classified information. Relevance and necessity are questions of judgment and timing, and it is only after the information is evaluated that the relevance and necessity of such information can be established.
</p>
<p>(ii) During the course of any investigation, the OIG may obtain information concerning actual or potential violations of laws other than those within the scope of its jurisdiction. In the interest of effective law enforcement, the OIG should retain this information, as it may aid in establishing patterns of criminal activity, and can provide valuable leads for Federal and other law enforcement agencies.
</p>
<p>(iii) In interviewing individuals or obtaining other forms of evidence during an investigation, information may be supplied to an investigator which relates to matters incidental to the primary purpose of the investigation but which may relate also to matters under the investigative jurisdiction of another agency. Such information cannot readily be segregated.
</p>
<p>(5) From subsection (e)(2) because, in some instances, the application of this provision would present a serious impediment to law enforcement for the following reasons:
</p>
<p>(i) The subject of an investigation would be placed on notice as to the existence of an investigation and would therefore be able to avoid detection or apprehension, to improperly influence witnesses, to destroy evidence, or to fabricate testimony.
</p>
<p>(ii) In certain circumstances the subject of an investigation cannot be required to provide information to investigators, and information relating to a subject’s illegal acts, violations of rules of conduct, or any other misconduct must be obtained from other sources.
</p>
<p>(iii) In any investigation it is necessary to obtain evidence from a variety of sources other than the subject of the investigation in order to verify the evidence necessary for successful litigation.
</p>
<p>(6) From subsection (e)(3) because the application of this provision would provide the subject of an investigation with substantial information which could impede or compromise the investigation. Providing such notice to a subject of an investigation could interfere with an undercover investigation by revealing its existence, and could endanger the physical safety of confidential sources, witnesses, and investigators by revealing their identities.
</p>
<p>(7) From subsection (e)(5) because the application of this provision would prevent the collection of any data not shown to be accurate, relevant, timely, and complete at the moment it is collected. In the collection of information for law enforcement purposes, it is impossible to determine in advance what information is accurate, relevant, timely, and complete. Material which may seem unrelated, irrelevant, or incomplete when collected may take on added meaning or significance as an investigation progresses. The restrictions of this provision could interfere with the preparation of a complete investigative report, and thereby impede effective law enforcement.
</p>
<p>(8) From subsection (e)(8) because the application of this provision could prematurely reveal an ongoing criminal investigation to the subject of the investigation, and could reveal investigative techniques, procedures, or evidence.
</p>
<p>(9) From subsection (g) to the extent that this system is exempt from the access and amendment provisions of subsection (d) pursuant to subsections (j)(2) and (k)(1) and (k)(2) of the Privacy Act.
</p>
<p>(c) The following system of records is exempted from 5 U.S.C. 552a(d).
</p>
<p>(1) Office of the Inspector General, Freedom of Information/Privacy Acts (FOI/PA) Records (JUSTICE/OIG-003).
</p>
<p>This exemption applies only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a (j)(2), (k)(1), and (k)(2). To the extent that information in a record pertaining to an individual does not relate to official Federal investigations and law enforcement matters, the exemption does not apply. In addition, where compliance would not appear to interfere with or adversely affect the overall law enforcement process, the applicable exemption may be waived by the Office of the Inspector General (OIG).
</p>
<p>(d) Exemption from subsection (d) is justified for the following reasons:
</p>
<p>(1) From the access and amendment provisions of subsection (d) because access to the records contained in this system of records could inform the subject of an investigation of an actual or potential criminal, civil, or regulatory violation of the existence of that investigation; of the nature and scope of the information and evidence obtained as to his activities; of the identity of confidential sources, witnesses, and law enforcement personnel; and of information that may enable the subject to avoid detection or apprehension. These factors would present a serious impediment to effective law enforcement where they prevent the successful completion of the investigation, endanger the physical safety of confidential sources, witnesses, and law enforcement personnel, and/or lead to the improper influencing of witnesses, the destruction of evidence, or the fabrication of testimony. In addition, granting access to such information could disclose security-sensitive or confidential business information or information that would constitute an unwarranted invasion of the personal privacy of third parties. Finally, access to the records could result in the release of properly classified information which would compromise the national defense or disrupt foreign policy. Amendment of the records would interfere with ongoing investigations and law enforcement activities and impose an impossible administrative burden by requiring investigations to be continuously reinvestigated.
</p>
<p>(2) [Reserved]
</p>
<p>[Order No. 63-92, 57 FR 8263, Mar. 9, 1992, as amended by Order No. 64-92, 57 FR 8263, Mar. 9, 1992]
</p><p><b>&#167; 16.76
 Exemption of Justice Management Division. 
</b></p>
<p>(a) The following system of records is exempt from 5 U.S.C. 552a(d): 
</p>
<p>(1) Controlled Substances Act Nonpublic Records (JUSTICE/JMD-002).
</p>
<p>This exemption applies only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2).
</p>
<p>(b) Exemption from subsection (d) is justified for the following reasons:
</p>
<p>(1) Access to and use of the nonpublic records maintained in this system are restricted by law. Section 3607(b) of Title 18 U.S.C. (enacted as part of the Sentencing Reform Act of 1984, Pub. L. 98-473, Chapter II) provides that the sole purpose of these records shall be for use by the courts in determining whether a person found guilty of violating section 404 of the Controlled Substances Act qualifies:
</p>
<p>(i) For the disposition available under 18 U.S.C. 3607(a) to persons with no prior conviction under a Federal or State law relating to controlled substances, or
</p>
<p>(ii) For an order, under 18 U.S.C. 3607(c), expunging all official records (except the nonpublic records to be retained by the Department of Justice) of the arrest and any subsequent criminal proceedings relating to the offense.
</p>
<p>(2) Information in this system consists of arrest records, including those of co-defendants. The records include reports of informants and investigations. Therefore, access could disclose investigative techniques, reveal the identity of confidential sources, and invade the privacy of third parties.
</p>
<p>(c) The following system of records is exempted from 5 U.S.C. 552a(c)(3) and (4); (d)(1), (2), (3), and (4); (e)(1), (2), (3), (5), and (8); and (g): Federal Bureau of Investigation Whistleblower Case Files (Justice/JMD-023). These exemptions apply only to the extent that information in a record contained within this system is subject to exemptions pursuant to 5 U.S.C. 552a(j)(2) and (k).
</p>
<p>(d) Exemption from the particular subsections is justified for the following reasons:
</p>
<p>(1) <i>Subsection (c)(3).</i> To provide the subject with an accounting of disclosures of records in this system could inform that individual of the existence, nature, or scope of an actual or potential law enforcement or counterintelligence investigation, and thereby seriously impede law enforcement or counterintelligence efforts by permitting the record subject and other persons to whom he might disclose the records to avoid criminal penalties, civil remedies, or counterintelligence measures.
</p>
<p>(2) <i>Subsection (c)(4).</i> This subsection is inapplicable to the extent that an exemption is being claimed for subsection (d).
</p>
<p>(3) <i>Subsection (d)(1).</i> Information within this record system could relate to official federal investigations and matters of law enforcement. Individual access to these records could compromise ongoing investigations, reveal confidential informants and/or sensitive investigative techniques used in particular investigations, or constitute unwarranted invasions of the personal privacy of third parties who are involved in a certain investigation. Disclosure may also reveal information relating to actual or potential law enforcement investigations. Disclosure of classified national security information would cause damage to the national security of the United States.
</p>
<p>(4) <i>Subsection (d)(2).</i> Amendment of these records could interfere with ongoing criminal or civil law enforcement proceedings and impose an impossible administrative burden by requiring investigations to be continuously reinvestigated.
</p>
<p>(5) <i>Subsections (d)(3) and (4).</i> These subsections are inapplicable to the extent exemption is claimed from (d)(1) and (2).
</p>
<p>(6) <i>Subsection (e)(1).</i> It is often impossible to determine in advance if investigatory information contained in this system is accurate, relevant, timely and complete, but, in the interests of effective law enforcement and counterintelligence, it is necessary to retain this information to aid in establishing patterns of activity and provide investigative leads.
</p>
<p>(7) <i>Subsection (e)(2).</i> To collect information from the subject individual could serve to notify the subject individual that he or she is the subject of a criminal investigation and thereby present a serious impediment to such investigations.
</p>
<p>(8) <i>Subsection (e)(3).</i> To inform individuals as required by this subsection could reveal the existence of a criminal investigation and compromise investigative efforts.
</p>
<p>(9) <i>Subsection (e)(5).</i> It is often impossible to determine in advance if investigatory information contained in this system is accurate, relevant, timely and complete, but, in the interests of effective law enforcement and counterintelligence, it is necessary to retain this information to aid in establishing patterns of activity and provide investigative leads.
</p>
<p>(10) <i>Subsection (e)(8).</i> To serve notice could give persons sufficient warning to evade investigative efforts.
</p>
<p>(11) <i>Subsection (g).</i> This subsection is inapplicable to the extent that the system is exempt from other specific subsections of the Privacy Act.
</p>
<p>[Order No. 645-76, 41 FR 12640, Mar. 26, 1976, as amended by Order No. 688-77, 42 FR 9999, Feb. 18, 1977; Order No. 899-80, 45 FR 43703, June 30, 1980; Order No. 6-86, 51 FR 15476, Apr. 24, 1986; Order No. 246-2001, 66 FR 54663, Oct. 30, 2001; Order No. 297-2002, 67 FR 70163, Nov. 21, 2002; Order No. 019-2005, 71 FR 17, Jan. 3, 2006] 
</p><p><b>&#167; 16.77
 Exemption of U.S. Trustee Program System--limited access.
</b></p>
<p>(a) The following system of records is exempt from 5 U.S.C. 552a (c) (3) and (4); (d); (e) (1), (2) and (3), (e)(4) (G) and (H), (e) (5) and (8); (f) and (g):
</p>
<p>(1) U.S. Trustee Program Case Referral System, JUSTICE/UST-004.
</p>
<p>These exemptions apply to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2) and (k)(2).
</p>
<p>(b) Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (c)(3) because the release of the disclosure accounting would permit the subject of an investigation to obtain valuable information concerning the nature of that investigation. This would permit record subjects to impede the investigation, e.g., destroy evidence, intimidate potential witnesses, or flee the area to avoid inquiries or apprehension by law enforcement personnel.
</p>
<p>(2) From subsection (c)(4) since an exemption being claimed for subsection (d) makes this subsection inapplicable.
</p>
<p>(3) From subsection (d) because access to the records contained in this system might compromise ongoing investigations, reveal confidential informants, or constitute unwarranted invasions of the personal privacy of third parties who are involved in a certain investigation. Amendment of the records would interfere with ongoing criminal law enforcement proceedings and impose an impossible administrative burden by requiring criminal investigations to be continuously reinvestigated.
</p>
<p>(4) From subsections (e)(1) and (e)(5) because in the course of law enforcement investigations, information may occasionally be obtained or introduced the accuracy of which is unclear or which is not strictly relevant or necessary to a specific investigation. In the interest of effective law enforcement, it is appropriate to retain all information that may aid in establishing patterns of criminal activity. Moreover, it would impede the specific investigative process if it were necessary to assure the relevance, accuracy, timeliness, and completeness of all information obtained.
</p>
<p>(5) From subsection (e)(2) because in a criminal investigation the requirement that information be collected to the greatest extent possible from the subject individual would present a serious impediment to law enforcement because the subject of the investigation would be placed on notice as to the existence of the investigation and would therefore be able to avoid detection or apprehension, to influence witnesses improperly, to destroy evidence, or to fabricate testimony.
</p>
<p>(6) From subsection (e)(3) because the requirement that individuals supplying information be provided with a form stating the requirements of subsection (e)(3) would constitute a serious impediment to law enforcement in that it would compromise the existence of a confidential investigation or reveal the identity of witnesses or confidential informants.
</p>
<p>(7) From subsections (e)(4) (G) and (H) because this system of records is exempt from the access provisions of subsection (d) pursuant to subsections (j) and (k).
</p>
<p>(8) From subsection (e)(8) because the individual notice requirement of this subsection could present a serious impediment to law enforcement in that this could interfere with the U.S. Attorney’s ability to issue subpoenas.
</p>
<p>(9) From subsections (f) and (g) because this system has been exempted from the access provisions of subsection (d).
</p>
<p>[Order No. 1-87, 52 FR 3631, Feb. 5, 1987]
</p><p><b>&#167; 16.78 
 Exemption of the Special Counsel for Immigration-Related, Unfair Employment Practices Systems. 
</b></p>
<p>(a) The following system of records is exempt from 5 U.S.C. 552a(c)(3) and (d). 
</p>
<p>(1) Central Index File and Associated Records, JUSTICE/OSC-001.
</p>
<p>These exemptions apply to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(k)(2). 
</p>
<p>(b) Exemptions from the particular subsections are justified for the following reasons: 
</p>
<p>(1) From subsection (c)(3) because the release of the disclosure accounting would permit the subject of an investigation to obtain valuable information concerning the nature of that investigation. This would permit record subjects to impede the investigation, e.g., destroy evidence, intimidate potential witnesses, or flee the area to avoid inquiries. 
</p>
<p>(2) From subsection (d) because access to the records might compromise ongoing investigations, reveal confidential informants, or constitute unwarranted invasions of the personal privacy of third parties who are involved in a certain investigation.
</p>
<p>[Order No. 10-88, 53 FR 7735, Mar. 10, 1988]
</p><p><b>&#167; 16.79
 Exemption of Pardon Attorney System. 
</b></p>
<p>(a) The following system of records is exempt from 5 U.S.C. 552a, subsections (c)(3), (c)(4), (d)(1), (d)(2), (d)(3), (d)(4), and (e)(5): Executive Clemency Case Files/Executive Clemency Tracking System (JUSTICE/OPA-001). These exemptions apply only to the extent that information in this system of records is subject to exemption pursuant to 5 U.S.C. 552a(j)(2). 
</p>
<p>(b) Exemption from the particular subsections is justified for the following reasons: 
</p>
<p>(1) From subsection (c)(3) because: 
</p>
<p>(i) The purpose of the creation and maintenance of the Executive Clemency Case Files/Executive Clemency Tracking System (JUSTICE/OPA-001) is to enable the Justice Department to prepare reports and recommendations to the President for his ultimate decisions on clemency matters, which are committed to exclusive discretion of the President pursuant to Article II, Section 2, Clause 1 of the Constitution. 
</p>
<p>(ii) Release of the disclosure accounting, for disclosures pursuant to the routine uses published for this system, would permit the requester to obtain valuable information concerning the nature and scope of a clemency investigation, invade the right of candid and confidential communications among officials concerned with making recommendations to the President in clemency matters, and disclose the identity of persons who furnished information to the Government under an express or implied promise that their identities would be held in confidence. 
</p>
<p>(2) From subsection (c)(4) because the exemption from subsections (d)(1), (d)(2), (d)(3), and (d)(4) will make notification of disputes inapplicable. 
</p>
<p>(3) From subsections (d)(1), (d)(2), (d)(3), and (d)(4) is justified for the reasons stated in paragraph (b)(1) of this section. 
</p>
<p>(4) From subsection (e)(5) is justified for the reasons stated in paragraph (b)(1) of this section.
</p>
<p>[Order No. 005-2003, 68 FR 4929, Jan. 31, 2003]
</p><p><b>&#167; 16.80
 Exemption of Office of Professional Responsibility System--limited access.
</b></p>
<p>(a) The following system of records is exempt from 5 U.S.C. 552a(c)(3) and (4), (d), (e)(1), (2) and (3), (e)(4)(G) and (H), (e)(5) and (8), (f) and (g):
</p>
<p>(1) Office of Professional Responsibility Record Index (JUSTICE/OPR-001).
</p>
<p>These exemptions apply only to the extent that information in the system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), and (k)(5).
</p>
<p>(b) Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (c)(3) because release of the disclosure accounting would enable the subject of an investigation to gain information concerning the existence, nature and scope of the investigation and seriously hamper law enforcement efforts.
</p>
<p>(2) From subsections (c)(4), (d), (e)(4)(G) and (H), (f) and (g) because these provisions concern individual access to records and such access might compromise ongoing investigations, reveal confidential informants and constitute unwarranted invasions of the personal privacy of third persons who provide information in connection with a particular investigation.
</p>
<p>(3) From subsections (e)(1) and (5) because the collection of information during an investigation necessarily involves material pertaining to other persons or events which is appropriate in a thorough investigation, even though portions thereof are not ultimately connected to the person or event subject to the final action or recommendation of the Office of Professional Responsibility.
</p>
<p>(4) From subsection (e)(2) because collecting the information from the subject would thwart the investigation by placing the subject on notice of the investigation.
</p>
<p>(5) From subsections (e)(3) and (e)(8) because disclosure and notice would provide the subject with substantial information which could impede or compromise the investigation. For example, an investigatory subject occupying a supervisory position could, once made aware that a misconduct investigation was ongoing, put undue pressure on subordinates so as to preclude their cooperation with investigators.
</p>
<p>(c) The following system of records is exempted from 5 U.S.C. 552a(d).
</p>
<p>(1) Freedom of Information/Privacy Act (FOI/PA) Records (JUSTICE/OPR-002).
</p>
<p>This exemption applies only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(1), and (k)(2). To the extent that information in a record pertaining to an individual does not relate to national defense or foreign policy, official Federal investigations and/or law enforcement matters, the exemption does not apply. In addition, where compliance would not appear to interfere with or adversely affect the overall law enforcement process, the applicable exemption may be waived by OPR.
</p>
<p>(d) Exemption from subsection (d) is justified for the following reasons:
</p>
<p>(1) From the access and amendment provisions of subsection (d) because access to the records contained in this system of records could inform the subject of an investigation of an actual or potential criminal, civil, or regulatory violation of the existence of that investigation; of the nature and scope of the information and evidence obtained as to his activities; of the identity of confidential sources, witnesses, and law enforcement personnel; and of information that may enable the subject to avoid detection or apprehension. These factors would present a serious impediment to effective law enforcement where they prevent the successful completion of the investigation, endanger the physical safety of confidential sources, witnesses, and law enforcement personnel, and/or lead to the improper influencing of witnesses, the destruction of evidence, or the fabrication of testimony. In addition, granting access to such information could disclose security-sensitive or confidential business information or information that would constitute an unwarranted invasion of the personal privacy of third parties. Finally, access to the records could result in the release of properly classified information which would compromise the national defense or disrupt foreign policy. Amendment of the records would interfere with ongoing investigations and law enforcement activities and impose an enormous administrative burden by requiring investigations to be continuously reinvestigated.
</p>
<p>[Order No. 58-81, 46 FR 3509, Jan. 15, 1981, as amended by Order No. 159-99, 64 FR 17977, Apr. 13, 1999]
</p><p><b>&#167; 16.81
 Exemption of United States Attorneys Systems--limited access. 
</b></p>
<p>(a) The following systems of records are exempt from 5 U.S.C. 552a(c) (3) and (4), (d), (e) (1), (2) and (3), (e)(4) (G) and (H), (e) (5) and (8), (f), and (g):
</p>
<p>(1) Citizen Complaint Files (JUSTICE/USA-003).
</p>
<p>(2) Civil Case Files (JUSTICE/USA-005).
</p>
<p>(3) Consumer Complaints (JUSTICE/USA-006).
</p>
<p>(4) Criminal Case Files (JUSTICE/USA-007).
</p>
<p>(5) Kline-District of Columbia and Maryland-Stock and Land Fraud Interrelationship Filing System (JUSTICE/USA-009).
</p>
<p>(6) Major Crimes Division Investigative Files (JUSTICE/USA-010).
</p>
<p>(7) Prosecutor’s Management Information System (PROMIS) (JUSTICE/USA-011).
</p>
<p>(8) United States Attorney, District of Columbia Superior Court Division, Criminal Files (JUSTICE/USA-013).
</p>
<p>(9) Pre-trial Diversion Program Files (JUSTICE/USA-014).
</p>
<p>These exemptions apply to the extent that information in these systems is subject to exemption pursuant to U.S.C. 552a(j)(2), (k)(1) and (k)(2).
</p>
<p>(b) Exemptions from the particular subsections are justified for the following reasons: 
</p>
<p>(1) From subsection (c)(3) because the release of the disclosure accounting, for disclosures pursuant to the routine uses published for these systems, would permit the subject of a criminal investigation and/or civil case or matter under investigation, litigation, regulatory or administrative review or action, to obtain valuable information concerning the nature of that investigation, case or matter and present a serious impediment to law enforcement or civil legal activities. 
</p>
<p>(2) From subsection (c)(4) since an exemption is being claimed for subsection (d), this subsection will not be applicable. 
</p>
<p>(3) From subsection (d) because access to the records contained in these systems would inform the subject of criminal investigation and/or civil investigation, matter or case of the existence of that investigation, provide the subject of the investigation with information that might enable him to avoid detection, apprehension or legal obligations, and present a serious impediment to law enforcement and other civil remedies. 
</p>
<p>(4) From subsection (e)(1) because in the course of criminal investigations and/or civil investigations, cases or matters, the U.S. Attorneys often obtain information concerning the violation of laws or civil obligations other than those relating to an active case or matter. In the interests of effective law enforcement and civil litigation, it is necessary that the U.S. Attorneys retain this information since it can aid in establishing patterns of activity and provide valuable leads for other agencies and future cases that may be brought within the U.S. Attorneys’ offices. 
</p>
<p>(5) From subsection (e)(2) because in a criminal investigation the requirement that information be collected to the greatest extent possible from the subject individual would present a serious impediment to law enforcement in that the subject of the investigation would be placed on notice of the existence of the investigation and would therefore be able to avoid detection, apprehension or legal obligations and duties. 
</p>
<p>(6) From subsection (e)(3) because the requirement that individuals supplying information be provided with a form stating the requirements of subsection (e)(3) would constitute a serious impediment to law enforcement in that it could compromise the existence of a confidential investigation, reveal the identity of confidential sources of information and endanger the life and physical safety of confidential informants. 
</p>
<p>(7) From subsections (e)(4) (G) and (H) because these systems of records are exempt from individual access pursuant to subsections (j) and (k) of the Privacy Act of 1974. 
</p>
<p>(8) From subsection (e)(5) because in the collection of information for law enforcement purposes it is impossible to determine in advance what information is accurate, relevant, timely, and complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significance as further investigation brings new details to light and the accuracy of such information can only be determined in a court of law. The restrictions of subsection (e)(5) would restrict the ability of trained investigators and intelligence analysts to exercise their judgment in reporting on investigations and impede the development of intelligence necessary for effective law enforcement. 
</p>
<p>(9) From subsection (e)(8) because the individual notice requirements of subsection (e)(8) could present a serious impediment to law enforcement as this could interfere with the United States Attorneys’ ability to issue subpoenas and could reveal investigative techniques and procedures. 
</p>
<p>(10) From subsection (f) because these systems of records have been exempted from the access provisions of subsection (d). 
</p>
<p>(11) From subsection (g) because these systems of records are compiled for law enforcement purposes and have been exempted from the access provisions of subsections (d) and (f).
</p>
<p>(c) The following system of records is exempt from 5 U.S.C. 552a(c) (3) and (4), (d), (e) (1), (2) and (3), (e)(4) (G) and (H), (e) (5) and (8), (f), and (g):
</p>
<p>(1) Freedom of Information Act/Privacy Act Files (JUSTICE/USA-008)
</p>
<p>These exemptions apply to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(1) and (k)(2).
</p>
<p>(d) Because this system contains Department of Justice civil and criminal law enforcement, investigatory records, exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (c)(3) because the release of the disclosure accounting would permit the subject of a criminal investigation and/or civil case or matter under investigation, in litigation, or under regulatory or administrative review or action to obtain valuable information concerning the nature of that investigation, case or matter, and present a serious impediment to law enforcement or civil legal activities.
</p>
<p>(2) From subsection (c)(4) because an exemption is being claimed for subsection (d) of the Act (Access to Records), rendering this subsection inapplicable to the extent that this system of records is exempted from subsection (d).
</p>
<p>(3) From subsection (d) because access to the records contained in these systems would inform the subject of a criminal or civil investigation, matter or case of the existence of such, and provide the subject with information that might enable him to avoid detection, apprehension or legal obligations, and present a serious impediment to law enforcement and other civil remedies. Amendment of the records would interfere with ongoing criminal law enforcement proceedings and impose an impossible administrative burden by requiring criminal investigations to be continuously reinvestigated.
</p>
<p>(4) From subsection (e)(1) because in the course of criminal investigations and/or civil investigations, cases or matters, the U.S. Attorneys often obtain information concerning the violation of laws or civil obligations other than those relating to an active case or matter. In the interests of effective law enforcement and civil litigation, it is necessary that the U.S. Attorneys retain this information since it can aid in establishing patterns of activity and provide valuable leads for other agencies and future cases that may be brought within the U.S. Attorneys’ offices.
</p>
<p>(5) From subsection (e)(2) because to collect information to the greatest extent possible from the subject individual of a criminal investigation or prosecution would present a serious impediment to law enforcement in that the subject of the investigation would be placed on notice of the existence of the investigation and would therefore be able to avoid detection, apprehension, or legal obligations and duties.
</p>
<p>(6) From subsection (e)(3) because to provide individuals supplying information with a form stating the requirements of subsection (e)(3) would constitute a serious impediment to law enforcement in that it could compromise the existence of a confidential investigation, reveal the identity of confidential sources of information, and endanger the life and physical safety of confidential informants.
</p>
<p>(7) From subsections (e)(4) (G) and (H) because this system of records is exempt from the individual access provisions of subsection (d) and the rules provisions of subsection (f).
</p>
<p>(8) From subsection (e)(5) because in the collection of information for law enforcement purposes it is impossible to determine in advance what information is accurate, relevant, timely, and complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significance as further investigation brings new details to light and the accuracy of such information can only be determined in a court of law. The restrictions of subsection (e)(5) would inhibit the ability of trained investigator and intelligence analysts to exercise their judgment in reporting on investigations and impede the development of intelligence necessary for effective law enforcement.
</p>
<p>(9) From subsection (e)(8) because the individual notice requirements of subsection (e)(8) could present a serious impediment to law enforcement as this could interfere with the U.S. Attorneys’ ability to issue subpoenas and could reveal investigative techniques and procedures. 
</p>
<p>(10) From subsection (f) because this system has been exempted from the individual access provisions of subsection (d).
</p>
<p>(11) From subsection (g) because the records in this system are generally compiled for law enforcement purposes and are exempt from the access provisions of subsections (d) and (f), rendering subsection (g) inapplicable.
</p>
<p>(e) The following systems of records are exempt from 5 U.S.C. 552a(d)(1) and (e)(1):
</p>
<p>(1) Assistant U.S. Attorneys Applicant Records System (JUSTICE/USA-016).
</p>
<p>(2) Appointed Assistant U.S. Attorneys Personnel System (JUSTICE/USA-017).
</p>
<p>These exemptions apply only to the extent that information in these systems is subject to exemption pursuant to 5 U.S.C. 552a(k)(5).
</p>
<p>(f) Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (d)(1) because many persons are contacted who, without an assurance of anonymity, refuse to provide information concerning a candidate for an Assistant U.S. Attorney position. Access could reveal the identity of the source of the information and constitute a breach of the promise of confidentiality on the part of the Department of Justice. Such breaches ultimately would restrict the free flow of information vital to a determination of a candidate’s qualifications and suitability.
</p>
<p>(2) From subsection (e)(1) because in the collection of information for investigative and evaluative purposes, it is impossible to determine in advance what exact information may be of assistance in determining the qualifications and suitability of a candidate. Information which may appear irrelevant, when combined with other seemingly irrelevant information, can on occasion provide a composite picture of a candidate for a position which assists in determining whether that candidate should be nominated for appointment.
</p>
<p>(g)-(h) [Reserved]</p>
<p>(i) Consistent with the legislative purpose of the Privacy Act of 1974, the Executive Office for United States Attorneys will grant access to nonexempt material in records which are maintained by the U.S. Attorneys. Disclosure will be governed by the Department’s Privacy regulations, but will be limited to the extent that the identity of confidential sources will not be compromised; subjects of an investigation of an actual or potential criminal, civil or regulatory violation will not be alerted to the investigation; the physical safety of witnesses, informants and law enforcement personnel will not be endangered, the privacy of third parties will not be violated; and that the disclosure would not otherwise impede effective law enforcement. Whenever possible, information of the above nature will be deleted from the requested documents and the balance made available. The controlling principle behind this limited access is to allow disclosures except those indicated above. The decisions to release information from these systems will be made on a case-by-case basis. 
</p>
<p>[Order No. 645-76, 41 FR 12640, Mar. 26, 1976, as amended by Order No. 716-77, 42 FR 23506, May 9, 1977; Order No. 738-77, 42 FR 38177, July 27, 1977; Order No. 6-86, 51 FR 15476, Apr. 24, 1986; Order No. 57-91, 56 FR 58306, Nov. 19, 1991; Order No. 224-2001, 66 FR 17809, Apr. 4, 2001; Order No. 008-2015, 80 FR 34051, June 15, 2015] 
</p><p><b>&#167; 16.82
 Exemption of the National Drug Intelligence Center Data Base--limited access.
</b></p>
<p>(a) The following system of records is exempted pursuant to the provisions of 5 U.S.C. 552a(j)(2) from subsections (c) (3) and (4); (d); (e) (1), (2), and (3); (e)(4)(I); (e) (5) and (8); and (g) of 5 U.S.C. 552a. In addition, the following system of records is exempted pursuant to the provisions of 5 U.S.C. 552a (k)(1) and (k)(2) from subsections (c)(3), (d), and (e)(1) and (e)(4)(I) of 5 U.S.C. 552a:
</p>
<p>(1) National Drug Intelligence Center Data Base (JUSTICE/NDIC-001).
</p>
<p>(2) [Reserved]
</p>
<p>(b) These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(1), and (k)(2). Where compliance would not appear to interfere with or adversely affect the law enforcement process, and/or where it may be appropriate to permit individuals to contest the accuracy of the information collected, e.g., public source materials, the applicable exemption may be waived, either partially or totally, by the National Drug Intelligence Center (NDIC). Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (c)(3) for the same reasons that the system is exempted from the provisions of subsection (d).
</p>
<p>(2) From subsection (c)(4) because this system is exempt from the access provisions of subsection (d) pursuant to subsection (j)(2) of the Privacy Act.
</p>
<p>(3) From subsection (d) because disclosure to the subject could alert the subject of an investigation pertaining to narcotic trafficking or related activity of the fact and nature of the investigation, and/or of the investigative interest of NDIC and other intelligence or law enforcement agencies (including those responsible for civil proceedings related to laws against drug trafficking); lead to the destruction of evidence, improper influencing of witnesses, fabrication of testimony, and/or flight of the subject; reveal the details of a sensitive investigative or intelligence technique, or the identity of a confidential source; or otherwise impede, compromise, or interfere with investigative efforts and other related law enforcement and/or intelligence activities. In addition, disclosure could invade the privacy of third parties and/or endanger the life and safety of law enforcement personnel, confidential informants, witnesses, and potential crime victims. Finally, access to records could result in the release of properly classified information that could compromise the national defense or foreign policy. Amendment of the records would interfere with ongoing investigations and law enforcement activities and impose an impossible administrative burden by requiring investigations, analyses, and reports to be continuously reinvestigated and revised.
</p>
<p>(4) From subsection (e)(1) because, in the course of its acquisition, collation, and analysis of information, NDIC will need to retain information not immediately shown to be relevant to counterdrug law enforcement to establish patterns of activity and to assist other agencies charged with the enforcement of laws and regulations regarding drug trafficking and charged with the acquisition of intelligence related to international aspects of drug trafficking. This consideration applies equally to information acquired from, or collated or analyzed for, both law enforcement agencies and agencies of the U.S. foreign intelligence community.
</p>
<p>(5) From subsection (e)(2) because application of this provision could present a serious impediment to law enforcement in that it would put the subject of an investigation, study or analysis on notice of the fact of such investigation, study, or analysis, thereby permitting the subject to engage in conduct intended to frustrate the activity; because, in some circumstances, the subject of an investigation may not be required to provide to investigators certain information; and because thorough analysis and investigation may require seeking information from a number of different sources.
</p>
<p>(6) From subsection (e)(3) (to the extent applicable) because the requirement that individuals supplying information be provided a form stating the requirements of subsection (e)(3) would constitute a serious impediment to law enforcement in that it could compromise the existence of a confidential investigation and reveal the identity of confidential informants and endanger their lives and safety.
</p>
<p>(7) From subsection (e)(4)(I), to the extent that this subsection is interpreted to require more detail regarding the record sources in this system than have been published in the <i>Federal Register.</i> Should the subsection be so interpreted, exemption from this provision is necessary to protect the confidentiality of the sources of criminal and other law enforcement information and to protect the privacy and physical safety of witnesses and informants. Furthermore, greater specificity concerning the sources of properly classified records could compromise national defense or foreign policy.
</p>
<p>(8) From subsection (e)(5) because the acquisition, collation, and analysis of information for law enforcement purposes does not permit advance determination whether such information is accurate or relevant, nor can such information be limited to that which is complete or apparently timely. Information of this type often requires further analysis and investigation to develop into a comprehensive whole that which is otherwise incomplete or even fragmentary. Moreover, its accuracy is continually subject to analysis and review, and, upon careful examination, seemingly irrelevant or untimely information may acquire added significance as additional information brings new details to light. The restrictions imposed by subsection (e)(5) would restrict the ability of trained investigators and intelligence analysts to exercise their judgment in collating and analyzing information and would impede the development of criminal intelligence necessary for effective law enforcement.
</p>
<p>(9) From subsection (e)(8) because the individual notice requirements of subsection (e)(8) could present a serious impediment to law enforcement by revealing investigative techniques, procedures, or evidence.
</p>
<p>(10) From subsection (g) to the extent that the system is exempt from subsection (d).
</p>
<p>[Order No. 78-93, 58 FR 41038, Aug. 2, 1993]
</p><p><b>&#167; 16.83
 Exemption of the Executive Office for Immigration Review System--limited access.
</b></p>
<p>(a) The following system of records is exempt from 5 U.S.C. 552a(d): 
</p>
<p>(1) The Executive Office for Immigration Review’s Records and Management Information System (JUSTICE/EOIR-001).
</p>
<p>This exemption applies only to the extent that information in the system is subject to exemption pursuant to 5 U.S.C. 552a(k) (1) and (2). 
</p>
<p>(b) Exemption from the particular subsections are justified for the following reasons: 
</p>
<p>(1) From subsection (d) because access to information which has been properly classified pursuant to an Executive Order could have an adverse effect on the national security. In addition, from subsection (d) because unauthorized access to certain investigatory material could compromise ongoing or potential investigations; reveal the identity of confidential informants; or constitute unwarranted invasions of the personal privacy of third parties. 
</p>
<p>(2) From subsection (d) (2), (3), and (4) because the record of proceeding constitutes an official record which includes transcripts of quasi-judicial administrative proceedings, investigatory materials, evidentiary materials such as exhibits, decisional memoranda, and other case-related papers. Administrative due process could not be achieved by the ex parte "correction" of such materials by the individual who is the subject thereof.
</p>
<p>(c) The following system of records is exempted form 5 U.S.C. 552a(d).
</p>
<p>(1) Practitioner Compliant/Disciplinary Files (JUSTICE/EOIR 003). This exemption applies only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(1), and (k)(2). To the extent that information in a record pertaining to an individual does not relate to national defense or foreign policy, official Federal investigations and/or law enforcement matters, the exemption does not apply. In addition, where compliance would not appear to interfere with or adversely affect the overall law or regulatory enforcement process, the applicable exemption may be waived by the Executive Office for Immigration Review.
</p>
<p>(d) Exemption from subsection (d) is justified for the following reasons:
</p>
<p>(1) From the access and amendment provisions of subsection (d) because access to the records contained in this system of records could inform the subject of the investigation of an actual or potential criminal, civil, or regulatory violation or the existence of that investigation; of the nature and scope of the information and evidence obtained as to the subject’s activities; of the identity of confidential sources, witnesses, and law enforcement personnel; and of information that may enable the subject to avoid detection or apprehension. These factors would present a serious impediment to effective law and regulatory enforcement where they prevent the successful completion of the investigation, endanger the physical safety of confidential sources, witnesses, and law enforcement personnel, and/or lead to the improper influencing of witnesses, the destruction of evidence, or the fabrication of testimony. In addition, granting access to such information could disclose security-sensitive or confidential business information or information that would constitute an unwarranted invasion of the personal privacy of third parties. Finally, access to the records could result in the release of properly classified information which would compromise the national defense or disrupt foreign policy. Amendment of the records would interfere with ongoing investigations and law enforcement activities and impose an enormous administrative burden by requiring investigations to be continuously reinvestigated.
</p>
<p>[Order No. 18-86, 51 FR 32305, Sept. 11, 1986, as amended by Order No. 180-99, 64 FR 61787, Nov. 15, 1999]
</p><p><b>&#167; 16.84
 Exemption of Immigration Appeals System. 
</b></p>
<p>(a) The following system of records is exempt from 5 U.S.C. 552a(d) (2), (3) and (4): 
</p>
<p>(1) Decisions of the Board of Immigration Appeals (JUSTICE/BIA-001).
</p>
<p>This exemption applies only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(k). 
</p>
<p>(b) Exemptions from the particular subsections are justified for the following reasons: 
</p>
<p>(1) From subsections (d) (2), (3) and (4) because the decisions reflected constitute official records of opinions rendered in quasi-judicial proceedings. Administrative due process could not be achieved by the ex parte "correction" of such opinions by the subject of the opinion. 
</p><p><b>&#167; 16.85
 Exemption of U.S. Parole Commission--limited access. 
</b></p>
<p>(a) The following systems of records are exempt from 5 U.S.C. 552a (c) (3) and (4), (d), (e) (2) and (3), (e)(4) (G) and (H), (e)(8), (f) and (g):
</p>
<p>(1) Docket Scheduling and Control System (JUSTICE/PRC-001).
</p>
<p>(2) Inmate and Supervision Files System (JUSTICE/PRC-003).
</p>
<p>(3) Labor and Pension Case, Legal File, and General Correspondence System (JUSTICE/PRC-004).
</p>
<p>(4) Statistical, Educational and Developmental System (JUSTICE/PRC-006).
</p>
<p>(5) Workload Record, Decision Result, and Annual Report System (JUSTICE/PRC-007).
</p>
<p>These exemptions apply only to the extent that information in these systems is subject to exemptions pursuant to 5 U.S.C. 552a(j)(2).
</p>
<p>(b) Exemptions from the particular subsections are justified for the following reasons: 
</p>
<p>(1) From subsection (c)(3) because revealing disclosure of accountings to inmates and persons on supervision could compromise legitimate law enforcement activities and U.S. Parole Commission responsibilities. 
</p>
<p>(2) From subsection (c)(4) because the exemption from subsection (d) will make notification of disputes inapplicable. 
</p>
<p>(3) From subsection (d) because this is essential to protect internal processes by which Commission personnel are able to formulate decisions and policies with regard to federal prisoners and persons under supervision, to prevent disclosures of information to federal inmates or persons on supervision that would jeopardize legitimate correctional interests of security, custody, supervision, or rehabilitation, to permit receipt of relevant information from other federal agencies, state and local law enforcement agencies, and federal and state probation and judicial offices, to allow private citizens to express freely their opinions for or against parole, to allow relevant criminal history type information of co-defendants to be kept in files, to allow medical, psychiatric and sociological material to be available to professional staff, and to allow a candid process of fact selection, opinion formulation, evaluation and recommendation to be continued by professional staff. The legal files contain case development material and, in addition to other reasons, should be exempt under the attorney-client privilege. Each labor or pension applicant has had served upon him the material in his file which he did not prepare and may see his own file at any time. 
</p>
<p>(4) From subsection (e)(2) because primary collection of information directly from federal inmates or persons on supervision about criminal sentence, criminal records, institutional performance, readiness for release from custody, or need to be returned to custody is highly impractical and inappropriate. 
</p>
<p>(5) From subsection (e)(3) because application of this provision to the operations and collection of information by the Commission which is primarily from sources other than the individual, is inappropriate. 
</p>
<p>(6) From subsections (e)(4) (G) and (H) because exemption from the access provisions of (d) makes publication of agency procedures under (d) inapplicable. 
</p>
<p>(7) From subsection (e)(8) because the nature of the Commission’s activities renders notice of compliance with compulsory legal process impractical. 
</p>
<p>(8) From subsection (f) because exemption from the provisions of subsection (d) will render compliance with provisions of this subsection inapplicable. 
</p>
<p>(9) From subsection (g) because exemption from the provisions of subsection (d) will render the provisions on suits to enforce (d) inapplicable. 
</p>
<p>(c) Consistent with the legislative purpose of the Privacy Act of 1974 the U.S. Parole Commission will initiate a procedure whereby present and former prisoners and parolees may obtain copies of material in files relating to them that are maintained by the U.S. Parole Commission. Disclosure of the contents will be affected by providing copies of documents to requesters through the mails. Disclosure will be made to the same extent as would be made under the substantive exemptions of the Parole Commission and Reorganization Act of 1976 (18 U.S.C. 4208) and Rule 32 of the Federal Rules of Criminal Procedure. The procedure relating to disclosure of documents may be changed generally in the interest of improving the Commission’s system of disclosure or when required by pending or future decisions and directions of the Department of Justice. 
</p>
<p>[Order No. 645-76, 41 FR 12640, Mar. 26, 1976, as amended by Order No. 14-78, 43 FR 45993, Oct. 5, 1978; Order No. 899-80, 45 FR 43703, June 30, 1980; Order No. 6-86, 51 FR 15477, Apr. 24, 1986] 
</p><p><b>&#167; 16.88
 Exemption of Antitrust Division Systems--limited access.
</b></p>
<p>(a) The following system of records is exempt from 5 U.S.C. 552a (c)(3), (d), (e)(4) (G) and (H), and (f):
</p>
<p>(1) Antitrust Caseload Evaluation System (ACES)--Monthly Report (JUSTICE/ATR-006).
</p>
<p>These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a (k)(2).
</p>
<p>(b) Exemption from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (c)(3) because information in this system is maintained in aid of ongoing antitrust enforcement investigations and proceedings. The release of the accounting of disclosures made under subsection (b) of the Act would permit the subject of an investigation of an actual or potential criminal or civil violation to determine whether he is the subject of an investigation. Disclosure of the accounting would therefore present a serious impediment to antitrust law enforcement efforts.
</p>
<p>(2) From subsection (d) because access to the information retrievable from this system and compiled for law enforcement purposes could result in the premature disclosure of the identity of the subject of an investigation of an actual or potential criminal or civil violation and information concerning the nature of that investigation. This information could enable the subject to avoid detection or apprehension. This would present a serious impediment to effective law enforcement since the subject could hinder or prevent the successful completion of the investigation. Further, confidential business and financial information, the identities of confidential sources of information, third party privacy information, and statutorily confidential information such as grand jury information must be protected from disclosure.
</p>
<p>(3) From subsections (e)(4)(G) and (H), and (f) because this system is exempt from the individual access provisions of subsection (d).
</p>
<p>(c) The following system of records is exempt from 5 U.S.C. 552a (c)(3), (d), (e)(4)(G) and (H), and (f):
</p>
<p>(1) Freedom of Information/Privacy--Requester/Subject Index File (JUSTICE/ATR-008).
</p>
<p>These exemptions apply to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a (k)(2).
</p>
<p>(d) Because this system contains Department of Justice civil and criminal law enforcement, investigatory records, exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (c)(3) because the release of the accounting of disclosures made under subsection (b) of the Act would permit the subject of an investigation of an actual or potential criminal or civil violation to determine whether he is the subject of an investigation. Disclosure of accounting would therefore present a serious impediment to antitrust law enforcement efforts.
</p>
<p>(2) From subsection (d) because access to information in this system could result in the premature disclosure of the identity of the subject of an investigation of an actual or potential criminal or civil violation and information concerning the nature of the investigation. This information could enable the subject to avoid detection or apprehension. This would present a serious impendiment to effective law enforcement since the subject could hinder or prevent the successful completion of the investigation. Further, confidential business and financial information, the identities of confidential sources of information, third party privacy information, and statutorily confidential information such as grand jury information must be protected from disclosure.
</p>
<p>(3) From subsections (e)(4)(G) and (H), and (f) because this system is exempt from the individual access provisions of subsection (d).
</p>
<p>[Order No. 2-86, 51 FR 884, Jan. 9, 1986]
</p><p><b>&#167; 16.89
 Exemption of Civil Division Systems--limited access.
</b></p>
<p>(a) The following systems of records are exempted pursuant to 5 U.S.C. 552a(j)(2) from subsections (c) (3) and (4), (d), (e)(1), (e)(2), (e)(3), (e)(4) (G) and (H), (e)(5), (e)(8), and (g); in addition, the following systems of records are exempted pursuant to 5 U.S.C. 552a (k)(1) and (k)(2) from subsections (c)(3), (d), (e)(1), (e)(4) (G) and (H):
</p>
<p>(1) Civil Division Case File System, JUSTICE/CIV-001.
</p>
<p>(2) Freedom of Information/Privacy Acts File System, JUSTICE/CIV-005.
</p>
<p>These exemptions apply only to the extent that information in these systems is subject to exemption pursuant to 5 U.S.C. 552a (j)(2), (k)(1) and (k)(2).
</p>
<p>(b) Only that information which relates to the investigation, prosecution, or defense of actual or potential criminal or civil litigation, or which has been properly classified in the interest of national defense and foreign policy is exempted for the reasons set forth from the following subsections:
</p>
<p>(1) <i>Subsection (c)(3).</i> To provide the subject of a criminal or civil matter or case under investigation with an accounting of disclosures of records concerning him or her would inform that individual (and others to whom the subject might disclose the records) of the existence, nature, or scope of that investigation and thereby seriously impede law enforcement efforts by permitting the record subject and others to avoid criminal penalties and civil remedies.
</p>
<p>(2) <i>Subsections (c)(4), (e)(4) (G) and (H), and (g).</i> These provisions are inapplicable to the extent that these systems of records are exempted from subsection (d).
</p>
<p>(3) <i>Subsection (d).</i> To the extent that information contained in these systems has been properly classified, relates to the investigation and/or prosecution of grand jury, civil fraud, and other law enforcement matters, disclosure could compromise matters which should be kept secret in the interest of national security or foreign policy; compromise confidential investigations or proceedings; hamper sensitive civil or criminal investigations; impede affirmative enforcement actions based upon alleged violations of regulations or of civil or criminal laws; reveal the identity of confidential sources; and result in unwarranted invasions of the privacy of others. Amendment of the records would interfere with ongoing criminal law enforcement proceedings and impose an impossible administrative burden by requiring criminal investigations to be continuously reinvestigated.
</p>
<p>(4) <i>Subsection (e)(1).</i> In the course of criminal or civil investigations, cases, or matters, the Civil Division may obtain information concerning the actual or potential violation of laws which are not strictly within its statutory authority. In the interest of effective law enforcement, it is necessary to retain such information since it may establish patterns of criminal activity or avoidance of other civil obligations and provide leads for Federal and other law enforcement agencies.
</p>
<p>(5) <i>Subsection (e)(2).</i> To collect information from the subject of a criminal investigation or prosecution would present a serious impediment to law enforcement in that the subject (and others to whom the subject might be in contact) would be informed of the existence of the investigation and would therefore be able to avoid detection or apprehension, to influence witnesses improperly, to destroy evidence, or to fabricate testimony.
</p>
<p>(6) <i>Subsection (e)(3).</i> To comply with this requirement during the course of a criminal investigation or prosecution could jeopardize the investigation by disclosing the existence of a confidential investigation, revealing the identity of witnesses or confidential informants, or impeding the information gathering process.
</p>
<p>(7) <i>Subsection (e)(5).</i> In compiling information for criminal law enforcement purposes, the accuracy, completeness, timeliness and relevancy of the information obtained cannot always be immediately determined. As new details of an investigation come to light, seemingly irrelevant or untimely information may acquire new significance and the accuracy of such information can often only be determined in a court of law. Compliance with this requirement would therefore restrict the ability of government attorneys in exercising their judgment in developing information necessary for effective law enforcement.
</p>
<p>(8) <i>Subsection (e)(8).</i> To serve notice would give persons sufficient warning to evade law enforcement efforts. 
</p>
<p>(c) The following system of records is exempted pursuant to 5 U.S.C. 552a(j)(2) from subsections (c) (3) and (4), (d), (e)(1) and (e)(5); in addition, this system is also exempted pursuant to 5 U.S.C. 552a(k)(2) from subsections (c)(3), (d), and (e)(1). 
</p>
<p>Consumer Inquiry/Investigatory System, JUSTICE/CIV-006.
</p>
<p>These exemptions apply only to the extent that information in this system of records is subject to exemption pursuant to 5 U.S.C. 552a (j)(2) and (k)(2). 
</p>
<p>(d) Only that information compiled for criminal or civil law enforcement purposes is exempted for the reasons set forth from the following subsections: 
</p>
<p>(1) <i>Subsections (c)(3).</i> This system occasionally contains investigatory material based on complaints of actual or alleged criminal or civil violations. To provide the subject of a criminal or civil matter or case under investigation with an accounting of disclosures of records concerning him/her would inform that individual of the existence, nature, or scope of that investigation, and thereby seriously impede law enforcement efforts by permitting the record subject and other persons to whom he might disclose the records to avoid criminal penalties and civil remedies. 
</p>
<p>(2) <i>Subsections (c)(4).</i> This subsection is inapplicable to the extent that an exemption is being claimed for subsection (d). 
</p>
<p>(3) <i>Subsection (d).</i> Disclosure of information relating to the investigation of complaints of alleged violation of criminal or civil law could interfere with the investigation, reveal the identity of confidential sources, and result in an unwarranted invasion of the privacy of others. Amendment of the records would interfere with ongoing criminal law enforcement proceedings and impose an impossible administrative burden by requiring criminal investigations to be continuously reinvestigated. 
</p>
<p>(4) <i>Subsection (e)(1).</i> In the course of criminal or civil investigations, cases, or matters, the Civil Division may obtain information concerning the actual or potential violation of laws which are not strictly within its statutory authority. In the interest of effective law enforcement, it is necessary to retain such information since it may establish patterns of criminal activity or avoidance of other civil obligations and provide leads for Federal and other law enforcement agencies. 
</p>
<p>(5) <i>Subsection (e)(5).</i> In compiling information for criminal law enforcement purposes, the accuracy, completeness, timeliness and relevancy of the information obtained cannot always be immediately determined. As new details of an investigation come to light, seemingly irrelevant or untimely information may acquire new significance and the accuracy of such information can often only be determined in a court of law. Compliance with this requirement would therefore restrict the ability of government attorneys in exercising their judgment in developing information necessary for effective law enforcement. 
</p>
<p>(e) The following system of records is exempt pursuant to 5 U.S.C. 552a (j)(2) and (k)(2) from subsection (d): 
</p>
<p>Congressional and Citizen Correspondence File, JUSTICE/CIV-007.
</p>
<p>This exemption applies only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C 552a (j)(2) and (k)(2). 
</p>
<p>(f) Only that portion of the Congressional and Citizen Correspondence File maintained by the Communications Office which consists of criminal or civil investigatory information is exempted for the reasons set forth from the following subsection: 
</p>
<p>(1) <i>Subsection (d).</i> Disclosure of investigatory information would jeopardize the integrity of the investigative process, disclose the identity of individuals who furnished information to the government under an express or implied promise that their identities would be held in confidence, and result in an unwarranted invasion of the privacy of others. Amendment of the records would interfere with ongoing criminal law enforcement proceedings and impose an impossible administrative burden by requiring criminal investigations to be continuously reinvestigated.
</p>
<p>[Order No. 27-88, 54 FR 113, Jan. 4, 1989]
</p><p><b>&#167; 16.90
 Exemption of Civil Rights Division Systems. 
</b></p>
<p>(a) The following system of records is exempted from subsections (c)(3) and (4); (d)(1), (2), (3) and (4); (e)(1), (2), (3), (5), and (8); and (g) of the Privacy Act pursuant to 5 U.S.C. 552a (j) and (k): Central Civil Rights Division Index File and Associated Records (JUSTICE/CRT-001). These exemptions apply only to the extent that information in a record is subject to exemption pursuant to 5 U.S.C. 552a (j)(2), (k)(1) and (k)(2). 
</p>
<p>(b) Exemptions from the particular subsections are justified for the following reasons: 
</p>
<p>(1) <i>Subsection (c)(3).</i> To provide the subject of a criminal, civil, or administrative matter or case under investigation with an accounting of disclosures of records concerning him or her could inform that individual of the existence, nature, or scope of an actual or potential criminal or civil violation to gain valuable information concerning the nature and scope of the investigation, to determine whether he or she is the subject of the investigation, and seriously impede law enforcement efforts by permitting the record subject and other persons to whom he or she might disclose the records to avoid criminal penalties, civil remedies, or administrative measures. 
</p>
<p>(2) <i>Subsection (c)(4).</i> This subsection is inapplicable to the extent that an exemption is being claimed for subsection (d). 
</p>
<p>(3) <i>Subsection (d)(1).</i> Disclosure of investigatory information could interfere with the investigation, reveal the identity of confidential sources, and result in an unwarranted invasion of the privacy of others. Disclosure of classified national security information would cause damage to the national security of the United States. In addition, these records may be subject to protective orders entered by federal courts to protect their confidentiality. Further, many of the records contained in this system are copies of documents which are the property of state agencies and were obtained under express or implied promises to strictly protect their confidentiality.
</p>
<p>(4) <i>Subsection (d)(2).</i> Amendment of the records could interfere with ongoing criminal or civil law enforcement proceedings and impose an impossible administrative burden by requiring investigations to be continuously reinvestigated.
</p>
<p>(5) <i>Subsection (d)(3) and (4).</i> These subsections are inapplicable to the extent exemption is claimed from (d)(1) and (2).
</p>
<p>(6) <i>Subsection (e)(1).</i> It is often impossible to determine in advance if investigatory records contained in this system are accurate, relevant, timely and complete, but, in the interests of effective law enforcement, it is necessary to retain this information to aid in establishing patterns of activity and provide investigative leads.
</p>
<p>(7) <i>Subsection (e)(2).</i> To collect information from the subject individual could serve notice that he or she is the subject of a criminal investigation and thereby present a serious impediment to such investigation.
</p>
<p>(8) <i>Subsection (e)(3).</i> To inform individuals as required by this subsection could reveal the existence of a criminal or civil investigation and compromise investigative efforts.
</p>
<p>(9) <i>Subsection (e)(5).</i> It is often impossible to determine in advance if investigatory records contained in this system are accurate, relevant, timely and complete, but, in the interests of effective law enforcement, it is necessary to retain this information to aid in establishing patterns of activity and provide investigative leads.
</p>
<p>(10) <i>Subsection (e)(8).</i> To serve notice could give persons sufficient warning to evade investigative efforts.
</p>
<p>(11) <i>Subsection (g).</i> This subsection is inapplicable to the extent that the system is exempt from other specific subsections of the Privacy Act.
</p>
<p>(c) The following system of records is exempted from subsections (d)(1), (2), (3) and (4) of the Privacy Act pursuant to 5 U.S.C. 552a (k): "Files on Employment Civil Rights Matters Referred by the Equal Employment Opportunity Commission (JUSTICE/CRT-007)." These exemptions apply only to the extent that information in a record is subject to exemption pursuant to 5 U.S.C. 552a (k)(2).
</p>
<p>(d) Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) <i>Subsection (d)(1).</i> Disclosure of investigatory information could interfere with the investigation, reveal the identity of confidential sources, and result in an unwarranted invasion of the privacy of others. In addition, these records may be subject to protective orders entered by federal courts to protect their confidentiality. Further, many of the records contained in this system are copies of documents which are the property of state agencies and were obtained under express or implied promises to strictly protect their confidentiality.
</p>
<p>(2) <i>Subsection (d)(2).</i> Amendment of the records could interfere with ongoing criminal or civil law enforcement proceedings and impose an impossible administrative burden by requiring investigations to be continuously reinvestigated.
</p>
<p>(3) <i>Subsection (d)(1), (2), (3) and (4).</i> This system contains investigatory material compiled by the Equal Opportunity Commission pursuant to its authority under 42 U.S.C. 2000e-8. Titles 42 U.S.C. 2000e-5(b), 42 U.S.C. 2000e-8(e), and 44 U.S.C. 3508 make it unlawful to make public in any manner whatsoever any information obtained by the Commission pursuant to the authority.
</p>
<p>(4) <i>Subsection (d)(3) and (4).</i> These subsections are inapplicable to the extent exemption is claimed from (d)(1) and (2).
</p>
<p>[Order No. 019-2003, 68 FR 61622, Oct. 29, 2003] 
</p><p><b>&#167; 16.91
 Exemption of Criminal Division Systems--limited access, as indicated. 
</b></p>
<p>(a) The following systems of records are exempted pursuant to the provisions of 5 U.S.C. 552a(j)(2) from subsections (c) (3) and (4), (d), (e) (1), (2) and (3), (e)(4) (G), (H) and (I), (e) (5) and (8), (f) and (g) of 5 U.S.C. 552a; in addition, the following systems of records are exempted pursuant to the provisions of 5 U.S.C. 552a (k)(1) and (k)(2) from subsections (c)(3), (d), (e)(1), (e)(4) (G), (H), and (I), and (f) of 5 U.S.C. 552a: 
</p>
<p>(1) Central Criminal Division, Index File and Associated Records System of Records (JUSTICE/CRM-001)--Limited Access. This system of records and associated exemptions is adopted by and applies with equal force and effect to the National Security Division, until modified, superseded, or revoked in accordance with law.
</p>
<p>(2) General Crimes Section, Criminal Division, Central Index File and Associated Records System of Records (JUSTICE/CRM-004)--Limited Access.
</p>
<p>These exemptions apply to the extent that information in those systems are subject to exemption pursuant to 5 U.S.C. 552a (j)(2), (k)(1) and (k)(2). 
</p>
<p>(b) The systems of records listed under paragraphs (b)(1) and (b)(2) of this section are exempted, for the reasons set forth, from the following provisions of 5 U.S.C. 552a: 
</p>
<p>(1). (c)(3). The release of the disclosure accounting for disclosures made pursuant to subsection (b) of the Act, including those permitted under the routine uses published for these systems of records, would permit the subject of an investigation of an actual or potential criminal, civil, or regulatory violation to determine whether he is the subject of investigation, or to obtain valuable information concerning the nature of that investigation, and the information obtained, or the identity of witnesses and informants and would therefore present a serious impediment to law enforcement. In addition, disclosure of the accounting would amount to notice to the individual of the existence of a record; such notice requirement under subsection (f)(1) is specifically exempted for these systems of records. 
</p>
<p>(2). (c)(4). Since an exemption is being claimed for subsection (d) of the Act (Access to Records) this subsection is inapplicable to the extent that these systems of records are exempted from subsection (d). 
</p>
<p>(3). (d). Access to the records contained in these systems would inform the subject of an investigation of an actual or potential criminal, civil, or regulatory violation of the existence of that investigation, or the nature and scope of the information and evidence obtained as to his activities, of the identity of witnesses and informants, or would provide information that could enable the subject to avoid detection or apprehension. These factors would present a serious impediment to effective law enforcement because they could prevent the successful completion of the investigation, endanger the physical safety of witnesses or informants, and lead to the improper influencing of witnesses, the destruction of evidence, or the fabrication of testimony. 
</p>
<p>(4). (e)(1). The notices of these systems of records published in the <i>Federal Register</i> set forth the basic statutory or related authority for maintenance of this system. However, in the course of criminal or other law enforcement investigations, cases, and matters, the Criminal Division or its components will occasionally obtain information concerning actual or potential violations of law that are not strictly within its statutory or other authority or may compile information in the course of an investigation which may not be relevant to a specific prosecution. In the interests of effective law enforcement, it is necessary to retain such information in these systems of records since it can aid in establishing patterns of criminal activity and can provide valuable leads for federal and other law enforcement agencies. 
</p>
<p>(5). (e)(2). In a criminal investigation or prosecution, the requirement that information be collected to the greatest extent practicable from the subject individual would present a serious impediment to law enforcement because the subject of the investigation or prosecution would be placed on notice as to the existence of the investigation and would therefore be able to avoid detection or apprehension, to influence witnesses improperly, to destroy evidence, or to fabricate testimony. 
</p>
<p>(6). (e)(3). The requirement that individuals supplying information be provided with a form stating the requirements of subsection (e)(3) would constitute a serious impediment to law enforcement in that it could compromise the existence of a confidential investigation or reveal the identity of witnesses or confidential informants. 
</p>
<p>(7). (e)(4) (G) and (H). Since an exemption is being claimed for subsections (f) (Agency Rules) and (d) (Access to Records) of the Act these subsections are inapplicable to the extent that these systems of records are exempted from subsections (f) and (d). 
</p>
<p>(8). (e)(4)(I). The categories of sources of the records in these systems have been published in the <i>Federal Register</i> in broad generic terms in the belief that this is all that subsection (e)(4)(I) of the Act requires. In the event, however, that this subsection should be interpreted to require more detail as to the identity of sources of the records in these systems, exemption from this provision is necessary in order to protect the confidentiality of the sources of criminal and other law enforcement information. Such exemption is further necessary to protect the privacy and physical safety of witnesses and informants. 
</p>
<p>(9). (e)(5). In the collection of information for criminal law enforcement purposes it is impossible to determine in advance what information is accurate, relevant, timely, and complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significance as further investigation brings new details to light and the accuracy of such information can often only be determined in a court of law. The restrictions of subsection (e)(5) would restrict the ability of trained investigators, intelligence analysts, and government attorneys in exercising their judgment in reporting on information and investigations and impede the development of criminal or other intelligence necessary for effective law enforcement. 
</p>
<p>(10). (e)(8). The individual notice requirements of subsection (e)(8) could present a serious impediment to law enforcement as this could interfere with the ability to issue warrants or subpoenas and could reveal investigative techniques, procedures, or evidence. 
</p>
<p>(11). (f). Procedures for notice to an individual pursuant to subsection (f)(1) as to the existence of records pertaining to him dealing with an actual or potential criminal, civil, or regulatory investigation or prosecution must be exempted because such notice to an individual would be detrimental to the successful conduct and/or completion of an investigation or prosecution pending or future. In addition, mere notice of the fact of an investigation could inform the subject or others that their activities are under or may become the subject of an investigation and could enable the subjects to avoid detection or apprehension, to influence witnesses improperly, to destroy evidence, or to fabricate testimony. 
</p>
<p>Since an exemption is being claimed for subsection (d) of the Act (Access to Records) the rules require pursuant to subsection (f) (2) through (5) are inapplicable to these systems of records to the extent that these systems of records are exempted from subsection (d). 
</p>
<p>(12). (g). Since an exemption is being claimed for subsections (d) (Access to Records) and (f) (Agency Rules) this section is inapplicable, and is exempted for the reasons set forth for those subsections, to the extent that these systems of records are exempted from subsections (d) and (f). 
</p>
<p>(13). In addition, exemption is claimed for these systems of records from compliance with the following provisions of the Privacy Act of 1974 (5 U.S.C. 552a) pursuant to the provisions of 5 U.S.C. 552a(k)(1): Subsections (c)(3), (d), (e)(1), (e)(4) (G), (H) and (I) and (f) to the extent that the records contained in these systems are specifically authorized to be kept secret in the interests of national defense and foreign policy.
</p>
<p>(c) The following system of records is exempted pursuant to the provisions of 5 U.S.C. 552a(j) (2) from subsection (c) (3) and (4), (d), (e) (1), (2) and (3), (e) (4) (G), (H) and (I), (e) (5) and (8), (f) and (g) of 5 U.S.C. 552a: 
</p>
<p>Criminal Division Witness Security File System of Records(JUSTICE/CRM-002).
</p>
<p>These exemptions apply to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2).
</p>
<p>(d) The system of records listed under paragraph (c) of this section is exempted, for the reasons set forth, from the following provisions of 5 U.S.C. 552a: 
</p>
<p>(1). (c)(3) The release of the disclosure accounting for disclosures made pursuant to subsection (b) of the Act, including those permitted under the routine uses published for these systems of records, would permit the subject of an investigation of an actual or potential criminal violation, which may include those protected under the Witness Security Program, to determine whether he is the subject of a criminal investigation, to obtain valuable information concerning the nature of that investigation and the information obtained, or the identity of witnesses and informants and the nature of their reports, and would therefore present a serious impediment to law enforcement. In addition, disclosure of the accounting would amount to notice to the individual of the existence of a record; such notice requirement under subsection (f)(1) is specifically exempted for these systems of records. Moreover, disclosure of the disclosure accounting to an individual protected under the Witness Security Program could jeopardize the effectiveness and security of the Program by revealing the methods and techniques utilized in relocating witnesses and could therefore jeopardize the ability to obtain, and to protect the confidentiality of, information compiled for purposes of a criminal investigation. 
</p>
<p>(2). (c)(4) Since an exemption is being claimed for subsection (d) of the Act (Access to Records) this section is inapplicable. 
</p>
<p>(3). (d) Access to the records contained in these systems would inform the subject of an investigation of an actual or potential criminal violation, which may include those protected under the Witness Security Program, of the existence of that investigation, of the nature and scope of the information and evidence obtained as to his activities, of the identity of witnesses and informants, or would provide information that could enable the subject to avoid detection or apprehension. These factors would present a serious impediment to effective law enforcement because they could prevent the successful completion of the investigation, endanger the physical safety of witnesses or informants, and lead to the improper influencing of witnesses, the destruction of evidence, or the fabrication of testimony. In addition, access to the records in these systems to an individual protected under the Witness Security Program could jeopardize the effectiveness and security of the Program by revealing the methods and techniques utilized in relocating witnesses and could therefore jeopardize the ability to obtain, and to protect the confidentiality of, information compiled for purposes of a criminal investigation. 
</p>
<p>(4). Exemption is claimed from subsection (e)(1) for the reasons stated in subsection (b)(4) of this section. 
</p>
<p>(5). (e)(2) In the course of preparing a Witness Security Program for an individual, much of the information is collected from the subject. However, the requirement that the information be collected to the greatest extent practicable from the subject individual would present a serious impediment to criminal law enforcement because the individual himself may be the subject of a criminal investigation or have been a participant in, or observer of, criminal activity. As a result, it is necessary to seek information from other sources. In addition, the failure to verify the information provided from the individual when necessary and to seek other information could jeopardize the confidentiality of the Witness Security Program and lead to the obtaining and maintenance of incorrect and uninvestigated information on criminal matters. 
</p>
<p>(6). (e)(3) The requirement that individuals supplying information be provided with a form stating the requirements of subsection (e)(3) would constitute a serious impediment to law enforcement in that it could compromise or reveal the identity of witnesses and informants protected under the Witness Security Program. 
</p>
<p>(7). (e)(4) (G) and (H). Since an exemption is being claimed for subsections (f) (Agency Rules) and (d) (Access to Records) of the Act these subsections are inapplicable. 
</p>
<p>(8). (e)(4)(I). The categories of sources of the records in these systems have been published in the <i>Federal Register</i> in broad generic terms in the belief that this is all that subsection (e)(4)(I) of the Act requires. In the event, however, that this subsection should be interpreted to require more detail as to the identity of sources of the records in the system, exemption from this provision is necessary in order to protect the confidentiality of the sources of criminal law, enforcement information and of witnesses and informants protected under the Witness Security Program. 
</p>
<p>(9). Exemption is claimed from subsections (e)(5) and (e)(8) for the reasons stated in subsection (b)(9) and (b)(10) of this section. 
</p>
<p>(10). Procedures for notice to an individual pursuant to subsection (f)(1) as to the existence of records contained in these systems pertaining to him would inform the subject of an investigation of an actual or potential criminal violation, which may include those protected under the Witness Security Program, of the existence of that investigation, of the nature and scope of the information and evidence obtained as to his activities, of the identity of witnesses and informants, or would provide information that could enable the subject to avoid detection or apprehension. These factors would present a serious impediment to effective law enforcement because they could prevent the successful conduct and/or completion of an investigation pending or future, endanger the physical safety of witnesses or informants, and lead to the improper influencing of witnesses, the destruction of evidence, or the fabrication of testimony. In addition, notices as to the existence of records contained in these systems to an individual protected under the Witness Security Program could jeopardize the effectiveness and security of the Program by revealing the methods and techniques utilized in relocating witnesses and could therefore jeopardize the ability to obtain, and to protect the confidentiality of, information compiled for purposes of a criminal investigation. 
</p>
<p>Since an exemption is being claimed for subsection (d) of the Act (Access to Records) the rules required pursuant to subsection (f) (2) through (5) are inapplicable. 
</p>
<p>(11). (g) Since an exemption is being claimed for subsections (d) (Access to Records) and (f) (Agency Rules) this section is inapplicable and is exempted for the reasons set forth for those subsections.
</p>
<p>(e) The following system of records is exempted pursuant to the provisions of 5 U.S.C. 552a(j)(2) from subsections (c) (3) and (4), (d), (e) (4) (G), (H) and (I), (f), and (g) of 5 U.S.C. 552a: 
</p>
<p>Organized Crime and Racketeering Section, Intelligence and Special Services Unit, Information Request System of Records (JUSTICE/CRM-014).
</p>
<p>These exemptions apply to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2).
</p>
<p>(f) The system of records listed under paragraph (e) of this section is exempted for the reasons set forth, from the following provisions of 5 U.S.C. 552a: 
</p>
<p>(1). (c)(3). The release of the disclosure accounting for disclosures made pursuant to subsection (b) of the Act, including those permitted under the routine uses published for these systems of records, would permit the subject of an investigation of an actual or potential criminal violation to determine whether he is the subject of a criminal investigation and would therefore present a serious impediment to law enforcement. The records in these systems contain the names of the subjects of the files in question and the system is accessible by name of the person checking out the file and by name of the subject of the file. In addition, disclosure of the accounting would amount to notice to the individual of the existence of a record; such notice requirement under subsection (f)(1) is specifically exempted for these systems of records. 
</p>
<p>(2). (c)(4). Since an exemption is being claimed for subsection (d) of the Act (Access to Records) this section is inapplicable. 
</p>
<p>(3). (d). Access to the records contained in these systems would inform the subject of an investigation of an actual or potential criminal violation of the existence of that investigation. This would present a serious impediment to effective law enforcement because it could prevent the successful completion of the investigation, endanger the physical safety of witnesses or informants, and lead to the improper influencing of witnesses, the destruction of evidence, or the fabrication of testimony. 
</p>
<p>(4). Exemption is claimed from subsections (e)(4) (G), (H) and (I) for the reasons stated in subsections (b)(7) and (b)(8) of this section. 
</p>
<p>(5). (f). These systems may be accessed by the name of the person who is the subject of the file and who may also be the subject of a criminal investigation. Procedures for notice to an individual pursuant to subsection (f)(1) as to the existence of records pertaining to him, which may deal with an actual or potential criminal investigation or prosecution, must be exempted because such notice to an individual would be detrimental to the successful conduct and/or completion of the investigation or prosecution pending or future. In addition mere notice of the fact of an investigation could inform the subject or others that their activities are under or may become the subject of an investigation and could enable the subjects to avoid detection or apprehension, to influence witnesses improperly, to destroy evidence, or to fabricate testimony. 
</p>
<p>Since an exemption is being claimed for subsection (d) of the Act (Access to Records) the rules required pursuant to subsection (f) (2) through (5) are inapplicable. 
</p>
<p>(6). (g). Since an exemption is being claimed for subsections (d) (Access to Records) and (f) (Agency Rules) of the Act this section is inapplicable and is exempted for the reasons set forth for those subsections.
</p>
<p>(g) The following system of records is exempted pursuant to the provisions of 5 U.S.C. 552a(j)(2) from subsections (c)(4), (d), (e)(4) (G), (H) and (I), (f) and (g) of 5 U.S.C. 552a. 
</p>
<p>File of Names Checked to Determine If Those Individuals Have Been the Subject of an Electronic Surveillance System of Records (JUSTICE/CRM-003).
</p>
<p>These exemptions apply to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2). 
</p>
<p>(h) The system of records listed under paragraph (g) of this section is exempted, for the reasons set forth, from the following provisions of 5 U.S.C. 552a: 
</p>
<p>(1). (c)(4). Since an exemption is being claimed for subsection (d) of the Act (Access to Records) this section is inapplicable to the extent that this system of records is exempted from subsection (d). 
</p>
<p>(2). (d). The records contained in this system of records generally consist of information filed with the court in response to the request and made available to the requestor. To the extent that these records have been so filed, no exemption is sought from the provisions of this subsection. Occasionally, the records contain pertinent logs of intercepted communications and other investigative reports not filed with the court. These records must be exempted because access to such records could inform the subject of an investigation of an actual or potential criminal violation of the existence of that investigation and of the nature of the information and evidence obtained by the government. This would present a serious impediment to effective law enforcement because it could prevent the successful completion of the investigation, endanger the physical safety of witnesses or informants, and lead to the improper influencing of witnesses, the destruction of evidence, or the fabrication of testimony. 
</p>
<p>(3). Exemption is claimed from subsections (e)(4) (G), (H) and (I) for the reasons stated in subsections (b)(7) and (b)(8) of this section. 
</p>
<p>(4). (f). The records contained in this system of records generally consist of information filed with the court and made available to the requestor. To the extent that these records have been so filed, no exemption is sought from the provisions of this subsection. Occasionally, the records contain pertinent logs of intercepted communications and other investigative reports not filed with the court. These records must be exempted from a requirement of notification as to their existence because such notice to an individual would be detrimental to the successful conduct and/or completion of a criminal investigation or prosecution pending or future. In addition, mere notice of the existence of such logs or investigative reports could inform the subject or others that their activities are under or may become the subject of an investigation and could enable the subjects to avoid detection or apprehension, to influence witnesses improperly, to destroy evidence, or to fabricate testimony. 
</p>
<p>Since an exemption is being claimed for subsection (d) of the Act (Access to Records) the rules required pursuant to subsection (f) (2) through (5) are inapplicable to the extent that this system of records is exempted for subsection (d). 
</p>
<p>(6). (g). Since an exemption is being claimed for subsections (d) (Access to Records) and (f) (Agency Rules) this section is inapplicable, and is exempted for the reasons set forth for those subsections, to the extent that this system of records is exempted from subsections (d) and (f).
</p>
<p>(i) The following systems of records are exempted pursuant to the provisions of 5 U.S.C. 552a(j)(2) from subsections (c) (3) and (4), (d), (e) (1), (2), and (3), (e)(4) (G), (H), and (I), (e) (5) and (8), (f) and (g) of 5 U.S.C. 552a:
</p>
<p>(1) Information File on Individuals and Commercial Entities Known or Suspected of Being Involved in Fraudulent Activities System of Records (JUSTICE/CRM-006). 
</p>
<p>(2) The Stocks and Bonds Intelligence Control Card File System of Records (JUSTICE/CRM-021).
</p>
<p>(3) Tax Disclosure Index File and Associated Records (JUSTICE/CRM-025).
</p>
<p>These exemptions apply only to the extent that information in these systems is subject to exemption pursuant to 5 U.S.C. 552a(j)(2). 
</p>
<p>(j) The systems of records listed in paragraphs (i)(1), (i)(2), and (i)(3) of this section are exempted, for the reasons set forth, from the following provisions of 5 U.S.C. 552a:
</p>
<p>(1)(c)(3) The release of the disclosure accounting for disclosures made pursuant to subsection (b) of the act, including those permitted under the routine uses published for these systems of records, would permit the subject of an investigation of an actual or potential criminal violation to determine whether he is the subject of a criminal investigation, to obtain valuable information concerning the nature of that investigation, and the information obtained, or the identity of witnesses and informants, and would therefore present a serious impediment to law enforcement. In addition, disclosure of the accounting would amount to notice to the individual of the existence of a record; such notice requirement under subsection (f)(1) is specifically exempted for this system of records.
</p>
<p>(2)(c)(4) Since an exemption is being claimed for subsection (d) of the act (access to records), this section is inapplicable to the extent that these systems of records are exempted from subsection (d).
</p>
<p>(3)(d) Access to the records contained in these systems would inform the subject of an investigation of an actual or potential criminal violation of the existence of that investigation, of the nature and scope of the information and evidence obtained as to his activities, of the identity of witnesses and informants, or would provide information that could enable the subject to avoid detection or apprehension. These factors would present a serious impediment to effective law enforcement because they could prevent the successful completion of the investigation, endanger the physical safety of witnesses or informants, and lead to the improper influencing of witnesses, the destruction of evidence, or the fabrication of testimony. 
</p>
<p>(4) Exemption is claimed from subsections (e) (1), (2), and (3), (e)(4) (G), (H), and (I), (e)(5) and (e)(8) for the reasons stated in subsections (b)(4), (b)(5), (b)(6), (b)(7), (b)(8), (b)(9), and (b)(10) of this section.
</p>
<p>(5)(f) Procedures for notice to an individual pursuant to subsection (f)(1) as to the existence of records pertaining to him dealing with an actual or potential criminal investigation or prosecution must be exempted because such notice to an individual would be detrimental to the successful conduct and/or completion of an investigation or prosecution pending or future. In addition, mere notice of the fact of an investigation could inform the subject or others that their activities are under or may become the subject of an investigation and could enable the subjects to avoid detection or apprehension, to influence witnesses improperly, to destroy evidence, or to fabricate testimony. Since an exemption is being claimed for subsection (d) of the act (access to records), the rules required pursuant to subsection (f) (2) through (5) are inapplicable to these systems of records.
</p>
<p>(6)(g) Since an exemption is being claimed for subsections (d) (access to records) and (f) (Agency rules), this section is inapplicable and is exempted for the reasons set forth for those subsections.
</p>
<p>(k) The following system of records is exempted pursuant to the provisions of 5 U.S.C. 552a(j)(2) from subsections (c) (3) and (4), (d), (e) (1), (2) and (3), (e)(4) (G), (H) and (I), (e) (5) and (8), (f) and (g) of 5 U.S.C. 552a; in addition, the following systems of records are exempted pursuant to the provisions of 5 U.S.C. 552a(k)(1) from subsections (c) (3), (d), (e)(1), (e)(4) (G), (H) and (I) and (f) of 5 U.S.C. 552a: 
</p>
<p>Organized Crime and Racketeering Section, Criminal Division, General Index File and Associated Records System of Records (JUSTICE/CRM-012).
</p>
<p>These exemptions apply to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2) and (k)(1). 
</p>
<p>(l) The system of records listed under paragraph (m)&#185; of this section is exempted, for the reasons set forth, from the following provisions of 5 U.S.C. 552a: 
</p>
<p>&#185; Paragraph (m) was redesignated as paragraph (k) at 44 FR 54046, Sept. 18, 1979.
</p>
<p>(1). Exemption is claimed from subsections (c) (3) and (4) and (d) for the reasons stated in subsections (j)(1), (j)(2) and (j)(3) of this section. 
</p>
<p>(2). (e)(1). The notice for this system of records published in the <i>Federal Register</i> sets forth the basic statutory or related authority for maintenance of this system. However, in the course of criminal investigations, cases, and matters, the Organized Crime and Racketeering Section will occasionally obtain information concerning actual or potential violations of law that are not strictly within its statutory or other authority, or may compile information in the course of an investigation which may not be relevant to a specific prosecution. In the interests of effective law enforcement, it is necessary to retain such information in this system of records since it can aid in establishing patterns of criminal activity and can provide valuable leads for federal and other law enforcement agencies. 
</p>
<p>(3). Exemption is claimed from subsections (e) (2) and (3), (e)(4) (G), (H) and (I), (e) (5) and (8), (f) and (g) for the reasons stated in subsections (b)(5), (b)(6), (b)(7), (b)(8), (b)(9), (b)(10), (b)(11) and (b)(12) of this section. 
</p>
<p>(4). In addition, exemption is claimed for this system of records from compliance with the following provisions of the Privacy Act of 1974 (5 U.S.C. 552a) pursuant to the provisions of 5 U.S.C. 552a(k)(1): Subsections (c)(3), (d), (e)(1), (e)(4) (G), (H) and (I) and (f) to the extent that the records contained in this system are specifically authorized to be kept secret in the interests of national defense and foreign policy.
</p>
<p>(m) The following system of records is exempted pursuant to the provisions of 5 U.S.C. 552a(j)(2) from subsections (c) (3) and (4), (d), (e) (2) and (3), (e) (4) (G), (H) and (I), (e) (8), (f) and (g) of 5 U.S.C. 552a: 
</p>
<p>Requests to the Attorney General For Approval of Applications to Federal Judges For Electronic Interceptions System of Records (JUSTICE/CRM-019).
</p>
<p>These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2).
</p>
<p>(n) The system of records listed in paragraph (m) of this section is exempted for the reasons set forth, from the following provisions of 5 U.S.C. 552a: 
</p>
<p>(1). (c)(3). The release of the disclosure accounting for disclosures made pursuant to subsection (b) of the Act, including those permitted under the routine uses published for these systems of records, would permit the subject of an electronic interception to obtain valuable information concerning the interception, including information as to whether he is the subject of a criminal investigation, by means other than those provided for by statute. Such information could interfere with the successful conduct and/or completion of a criminal investigation, and would therefore present a serious impediment to law enforcement. In addition, disclosure of the accounting would amount to notice to the individual of the existence of a record; such notice requirement under subsection (f)(1) is specifically exempted for these systems of records. 
</p>
<p>(2). (c)(4). Since an exemption is being claimed for subsection (d) of the Act (Access to Records) this section is inapplicable. 
</p>
<p>(3). (d). Access to the records contained in these systems would inform the subject of an electronic interception of the existence of such surveillance including information as to whether he is the subject of a criminal investigation by means other than those provided for by statute. This could interfere with the successful conduct and/or completion of a criminal investigation and therefore present a serious impediment to law enforcement. 
</p>
<p>(4). (e)(2). In the context of an electronic interception, the requirement that information be collected to the greatest extent practicable from the subject individual would present a serious impediment to law enforcement because the subject of the investigation or prosecution would be placed on notice as to the existence of the investigation and this would therefore destroy the efficacy of the interception. 
</p>
<p>(5). (e)(3). The requirement that individuals supplying information be provided with a form stating the requirements of subsection (e)(3) would constitute a serious impediment to law enforcement in that it could compromise the existence of a confidential electronic interception or reveal the identity of witnesses or confidential informants. 
</p>
<p>(6). (e)(4) (G) and (H). Since an exemption is being claimed for subsections (f) (Agency Rules) and (d) (Access to Records) of the Act these subsections are inapplicable. 
</p>
<p>(7). Exemption is claimed from subsections (e)(4)(I) and (e)(8) for the reasons stated in subsections (b)(8) and (b)(10) of this section. 
</p>
<p>(8). (f). Procedures for notice to an individual pursuant to subsection (f)(1) as to the existence of records pertaining to him dealing with an electronic interception other than pursuant to statute must be exempted because such notice to an individual would be detrimental to the successful conduct and/or completion of an investigation pending or future. In addition, mere notice of the fact of an electronic interception could inform the subject or others that their activities are under or may become the subject of an investigation and could enable the subjects to avoid detection or apprehension, to influence witnesses improperly, to destroy evidence, or to fabricate testimony. 
</p>
<p>Since an exemption is being claimed for subsection (d) of the Act (Access to Records) the rules required pursuant to subsection (f)(2) through (5) are inapplicable to these systems of records to the extent that these systems of records are exempted from subsection (d). 
</p>
<p>(9). (g). Since an exemption is being claimed for subsection (d) (Access to Records) and (f) (Agency Rules) this section is inapplicable, and is exempted for the reasons set forth for those subsections, to the extent that these systems of records are exempted from subsection (d) and (f).
</p>
<p>(o) The following system of records is exempted pursuant to the provisions of 5 U.S.C. 552a(j)(2) from subsections (c) (3) and (4), (d), (e) (2) and (3), (e) (4) (G), (H), and (I), (e)(8), (f) and (g) of 5 U.S.C. 552a; in addition the following system of records is exempted pursuant to the provisions of 5 U.S.C. 552a(k)(1) and (k)(2) from subsections (c)(3), (d), (e)(4) (G), (H) and (I), and (f) of 5 U.S.C. 552a: 
</p>
<p>Witness Immunity Records System of Records (JUSTICE/CRM-022).
</p>
<p>These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a (j)(2) and (k)(1) and (k)(2). 
</p>
<p>(p) The system of records listed under paragraph (q)&#178;  of this section is exempted, for the reasons set forth, from the following provisions of 5 U.S.C. 552a: 
</p>
<p>&#178;  Paragraph (q) was redesignated as paragraph (o) at 44 FR 54046, Sept. 18, 1979.
</p>
<p>(1). (c)(3). Release of the accounting of disclosures made pursuant to subsection (b) of the Act, including those permitted under the routine uses published for this system of records, (a) as to a witness for whom immunity has been proposed, would inform the individual of the existence of the proposed immunity prematurely, thus creating a serious impediment to effective law enforcement in that the witness could flee, destroy evidence, or fabricate testimony; and (b) as to a witness to whom immunity has been granted, or for whom it has been denied, would reveal the nature and scope of the activities, if any, of the witness known to the government, which would also create a serious impediment to effective law enforcement. 
</p>
<p>(2). (c)(4). Since an exemption is being claimed for subsection (d) of the Act (Access to Records) this section is inapplicable to the extent that this system of records is exempted from subsection (d). 
</p>
<p>(3). (d). Access to the records contained in this system (a) as to a witness for whom immunity has been proposed, would inform the individual of the existence of the proposed immunity prematurely, thus presenting a serious impediment to effective law enforcement in that the witness could flee, destroy evidence, or fabricate testimony; and (b) as to a witness to whom immunity has been granted, or for whom it has been denied, would reveal the nature and scope of the activities, if any, of the witness known to the government, which would also create a serious impediment to effective law enforcement. 
</p>
<p>(4). (e)(2). In a witness immunity request matter, the requirement that information be collected to the greatest extent practicable from the subject individual would present a serious impediment to law enforcement because the subject of the immunity request and often the subject of the underlying investigation or prosecution would be placed on notice as to the existence of the investigation and would therefore be able to avoid detection or apprehension, to influence witnesses improperly, to destroy evidence, or to fabricate testimony. 
</p>
<p>(5). Exemption is claimed from subsections (e)(3), (e)(4)(G), (H) and (I), and (e)(8) for the reasons stated in subsections (b)(6), (b)(7), (b)(8) and (b)(10) of this section. 
</p>
<p>(6). (f). Procedures for notice to an individual pursuant to subsection (f)(1) as to the existence of records pertaining to him (a) as to a witness for whom immunity has been proposed, would inform the individual of the existence of the proposed immunity prematurely, thus presenting a serious impediment to effective law enforcement in that the witness could flee, destroy evidence, or fabricate testimony; and (b) as to a witness to whom immunity has been granted, or for whom it has been denied, would reveal the nature and scope of the activity, if any, of the witness known to the government, which would also create a serious impediment to effective law enforcement. 
</p>
<p>Since an exemption is being claimed for subsection (d) of the Act (Access to Records) the rules required pursuant to subsection (f)(2) through (5) are inapplicable to this system of records to the extent that this system of records is exempted from subsection (d). 
</p>
<p>(7). (g). Since an exemption is being claimed for subsections (d) (Access to Records) and (f) (Agency Rules) this section is inapplicable, and is exempted for the reasons set forth for those subsections, to the extent that this system of records is exempted for subsections (d) and (f). 
</p>
<p>(8). In addition, exemption is claimed for this system of records from compliance with the following provisions of the Privacy Act of 1974 (5 U.S.C. 552a) pursuant to the provisions of 5 U.S.C. 552a(k)(1): subsections (c)(3), (d), (e)(1), (e)(4) (G), (H) and (I) and (f) to the extent that the records contained in this system are specifically authorized to be kept secret in the interests of national defense and foreign policy.
</p>
<p>(q) The following system of records is exempt from 5 U.S.C. 552a(c) (3) and (4), (d), (e) (1), (2) and (3), (e)(4) (G), (H) and (I), (e) (5) and (8), (f), and (g): 
</p>
<p>(1) Freedom of Information/Privacy Act Records (JUSTICE/CRM-024)
</p>
<p>These exemptions apply to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(1) and (k)(2). 
</p>
<p>(r) Because this system contains Department of Justice civil and criminal law enforcement, investigatory records, it is exempted for the reasons set forth from the following provisions of 5 U.S.C. 552a:
</p>
<p>(1)(c)(3). The release of the disclosure accounting would present a serious impediment to law enforcement by permitting the subject of an investigation of an actual or potential criminal, civil, or regulatory violation to determine whether he is the subject of investigation, or to obtain valuable information concerning the nature of that investigation and the information obtained, or to identify witnesses and informants. 
</p>
<p>(2)(c)(4). Since an exemption is being claimed for subsection (d) of the Act (Access to Records), this subsection is inapplicable to the extent that this system of records is exempted from subsection (d). 
</p>
<p>(3)(d). Access to records contained in this system would enable the subject of an investigation of an actual or potential criminal or civil case or regulatory violation to determine whether he or she is the subject of investigation, to obtain valuable information concerning the nature and scope of the investigation, and information or evidence obtained as to his/her activities, to identify witnesses and informants, or to avoid detection or apprehension. Such results could prevent the successful completion of the investigation, endanger the physical safety of witnesses or informants, lead to the improper influencing of witnesses, the destruction of evidence, or the fabrication of testimony, and thereby present a serious impediment to effective law enforcement. Amendment of the records would interfere with ongoing criminal law enforcement proceedings and impose an impossible administrative burden by requiring criminal investigations to be continuously reinvestigated. 
</p>
<p>(4)(e)(1). In the course of criminal or other law enforcement investigations, cases, and matters, the Criminal Division will occasionally obtain information concerning actual or potential violations of law that are not strictly within its statutory or other authority, or it may compile information in the course of an investigation which may not be relevant to a specific prosecution. In the interests of effective law enforcement, it is necessary to retain such information since it can aid in establishing patterns of criminal activity and can provide valuable leads for Federal and other law enforcement agencies. 
</p>
<p>(5)(e)(2). To collect information to the greatest extent practicable from the subject individual of a criminal investigation or prosecution would present a serious impediment to law enforcement. The nature of criminal and other investigative activities is such that vital information about an individual can only be obtained from other persons who are familiar with such individual and his/her activities. In such investigations it is not feasible to rely upon information furnished by the individual concerning his own activities.
</p>
<p>(6) (e)(3). To provide individuals supplying information with a form stating the requirements of subsection (e)(3) would constitute a serious impediment to law enforcement in that it could compromise the existence of a confidential investigation or reveal the identity of witnesses or confidential informants.
</p>
<p>(7)(e)(4) (G) and (H). These subsections are inapplicable to the extent that this system is exempt from the access provisions of subsection (d) and the rules provisions of subsection (f).
</p>
<p>(8)(e)(4)(I). The categories of sources of the records in this system have been published in the <i>Federal Register</i> in broad generic terms in the belief that this is all that subsection (e)(4)(I) of the Act requires. In the event, however, that this subsection should be interpreted to require more detail as to the identity of sources of the records in this system, exemption from this provision is necessary to protect the confidentiality of the sources of criminal and other law enforcement information. Such exemption is further necessary to protect the privacy and physical safety of witnesses and informants.
</p>
<p>(9) (e)(5). In the collection of information for criminal law enforcement purposes it is impossible to determine in advance what information is accurate, relevant, timely, and complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significance as further investigation brings new details to light and the accuracy of such information can often only be determined in a court of law. The restrictions of subsection (e)(5) would inhibit the ability of trained investigators, intelligence analysts, and government attorneys in exercising their judgment in reporting on information and investigations and impede the development of criminal or other intelligence necessary for effective law enforcement.
</p>
<p>(10)(e)(8). The individual notice requirements of subsection (e)(8) could present a serious impediment to law enforcement as this could interfere with the ability to issue warrants or subpoenas and could reveal investigative techniques, procedures, or evidence.
</p>
<p>(11)(f). This subsection is inapplicable to the extent that this system is exempt from the access provisions of subsection (d).
</p>
<p>(12)(g). Because some of the records in this system contain information which was compiled for law enforcement purposes and have been exempted from the access provisions of subsection (d), subsection (g) is inapplicable.
</p>
<p>(s) The following system of records is exempted from 5 U.S.C. 552a(d).
</p>
<p>Office of Special Investigations Displaced Persons Listings (JUSTICE/CRM-027).
</p>
<p>This exemption applies to the extent that the records in this system are subject to exemption pursuant to 5 U.S.C. 552a(k)(2).
</p>
<p>(t) Exemption from subsection (d) is justified for the following reasons:
</p>
<p>(1) Access to records contained in this system could inform the subject of the identity of witnesses or informants. The release of such information could present a serious impediment to effective law enforcement by endangering the physical safety of witnesses or informants; by leading to the improper influencing of witnesses, the destruction of evidence, or the fabrication of testimony; or by otherwise preventing the successful completion of an investigation.
</p>
<p>[Order No. 645-76, 41 FR 12640, Mar. 26, 1976, as amended by Order No. 659-76, 41 FR 32423, Aug. 3, 1976; Order No. 11-78, 43 FR 38386, Aug. 28, 1978; Order No. 30-79, 44 FR 54046, Sept. 18, 1979; Order No. 6-86, 7-86, 51 FR 15475, 15477, Apr. 24, 1986; Order No. 018-2004, 69 FR 72114, Dec. 13, 2004; Order No. 015-2006, 71 FR 58278, Oct. 3, 2006; Order No. 003-2009, 74 FR 42776, Aug. 25, 2009; Order No. 006-2013, 78 FR 69754, Nov. 21, 2013]
</p><p><b>&#167; 16.92
 Exemption of Environment and Natural Resources Division Systems--limited access. 
</b></p>
<p>(a)(1) The following system of records is exempted pursuant to 5 U.S.C. 552a(j)(2) from subsections (c)(3) and (4), (d), (e)(1), (e)(2), (e)(3), (e)(5), (e)(8), (f) and (g); in addition, the following systems of records are exempted pursuant to 5 U.S.C. 552a(k)(1) and (k)(2) from subsections (c)(3), (d), and (e)(1):
</p>
<p>(i) Environment and Natural Resources Division Case and Related Files System, JUSTICE/ENRD-003.
</p>
<p>(ii) [Reserved]
</p>
<p>(2) These exemptions apply only to the extent that information in this system relates to the investigation, prosecution or defense of actual or potential criminal or civil litigation, or which has been properly classified in the interest of national defense and foreign policy, and therefore is subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(1) and (k)(2). To the extent that information in a record pertaining to an individual does not relate to national defense or foreign policy, official Federal investigations, and/or law enforcement matters, the exemption does not apply. In addition, where compliance would not appear to interfere with or adversely affect the overall law or regulatory enforcement process, the applicable exemption may be waived by the Environment and Natural Resources Division.
</p>
<p>(b) Only that information that relates to the investigation, prosecution or defense of actual or potential criminal or civil litigation, or which has been properly classified in the interest of national defense and foreign policy is exempted for the reasons set forth from the following subsections:
</p>
<p>(1) <i>Subsection (c)(3).</i> Subsection (c)(3) requires an agency to provide an accounting of disclosures of records concerning an individual. To provide the subject of a criminal or civil matter or case under investigation with an accounting of disclosures of records would inform that individual (and others to whom the subject might disclose the records) of the existence, nature, or scope of that investigation and thereby seriously impede law enforcement efforts by permitting the record subject and others to avoid criminal penalties and civil remedies.
</p>
<p>(2) <i>Subsections (c)(4) (requiring an agency to inform individuals about any corrections made to a record that has been disclosed) and (g) (providing for civil remedies when an agency fails to comply with these provisions).</i> These provisions are inapplicable to the extent that this system of records is exempted from subsection (d).
</p>
<p>(3) <i>Subsection (d).</i> Subsection (d) requires an agency to allow individuals to gain access to a record about him or herself; to dispute the accuracy, relevance, timeliness or completeness of such records; and to have an opportunity to amend his or her record or seek judicial review. To the extent that information contained in this system has been properly classified, relates to the investigation and/or prosecution of grand jury, civil fraud, and other law enforcement matters, disclosure could compromise matters which should be kept secret in the interest of national security or foreign policy; compromise confidential investigations or proceedings; impede affirmative enforcement actions based upon alleged violations of regulations or of civil or criminal laws; reveal the identity of confidential sources; and result in unwarranted invasions of the privacy of others. Amendment of the records would interfere with ongoing criminal law enforcement proceedings and impose an impossible administrative burden by requiring criminal investigations to be continuously reinvestigated.
</p>
<p>(4) <i>Subsection (e)(1).</i> Subsection (e)(1) requires an agency to maintain in its records only such information about an individual that is relevant and necessary to accomplish the agency’s purpose. In the course of criminal or civil investigations, cases, or other matters, the Environment and Natural Resources Division may obtain information concerning the actual or potential violation of laws which are not strictly within its statutory authority. In the interest of effective law enforcement, it is necessary to retain such information since it may establish patterns of criminal activity or avoidance of other civil obligations and provide leads for Federal and other law enforcement agencies.
</p>
<p>(5) <i>Subsection (e)(2).</i> Subsection (e)(2) requires an agency to collect information to the greatest extent practicable from the subject individual when the information may result in adverse determinations about an individual’s rights, benefits and privileges under Federal programs. To collect information from the subject of a criminal investigation or prosecution would present a serious impediment to law enforcement in that the subject (and others with whom the subject might be in contact) would be informed of the existence of the investigation and would therefore be able to avoid detection or apprehension, to influence witnesses improperly, to destroy evidence, or to fabricate testimony.
</p>
<p>(6) <i>Subsection (e)(3).</i> Subsection (e)(3) requires an agency to inform each individual whom it asks to supply information, on a form that can be retained by the individual, the authority which authorizes the solicitation, the principal purpose for the information, the routine uses of the information, and the effects on the individual of not providing the requested information. To comply with this requirement during the course of a criminal investigation or prosecution could jeopardize the investigation by disclosing the existence of a confidential investigation, revealing the identity of witnesses or confidential informants, or impeding the information gathering process.
</p>
<p>(7) <i>Subsection (e)(5).</i> Subsection (e)(5) requires an agency to maintain records with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual. In compiling information for criminal law enforcement purposes, the accuracy, completeness, timeliness and relevancy of the information obtained cannot always be immediately determined. As new details of an investigation come to light, seemingly irrelevant or untimely information may acquire new significance and the accuracy of such information can often only be determined in a court of law. Compliance with this requirement would therefore restrict the ability of government attorneys in exercising their judgment in developing information necessary for effective law enforcement.
</p>
<p>(8) <i>Subsection (e)(8).</i> Subsection (e)(8) requires agencies to make reasonable efforts to serve notice on an individual when any record on the individual is made available to any person under compulsory legal process. To serve notice would give persons sufficient warning to evade law enforcement efforts.
</p>
<p>(9) <i>Subsections (f) and (g).</i> Subsection (f) requires an agency to establish procedures to allow an individual to have access to information about him or herself and to contest information kept by an agency about him or herself. Subsection (g) provides for civil remedies against agencies who fail to comply with the Privacy Act requirements. These provisions are inapplicable to the extent that this system is exempt from the access and amendment provisions of subsection (d).
</p>
<p>(c) The following system of records is exempt from 5 U.S.C. 552a (c)(3) and (d):
</p>
<p>(1) Freedom of Information/Privacy Act Records System. (Justice/LDN-005).
</p>
<p>These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(k)(2).
</p>
<p>(d) Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (c) (3) because that portion of the Freedom of Information/Privacy Act Records System that consists of investigatory materials compiled for law enforcement purposes is being exempted from access and contest; the provision for disclosure of accounting is not applicable.
</p>
<p>(2) From subsection (d) because of the need to safeguard the identity of confidential informants and avoid interference with ongoing investigations or law enforcement activities by preventing premature disclosure of information relating to those efforts.
</p>
<p>[Order No. 688-77, 42 FR 10000, Feb. 18, 1977, as amended by Order No. 207-2000, 65 FR 75158, Dec. 1, 2000]
</p><p><b>&#167; 16.93
 Exemption of Tax Division Systems--limited access. 
</b></p>
<p>(a) The following systems of records are exempted pursuant to the provisions of 5 U.S.C. 552a (j)(2) from subsections (c)(3), (c)(4), (d)(1), (d)(2), (d)(3), (d)(4), (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f) and (g) of 5 U.S.C. 552a:
</p>
<p>(1) Tax Division Central Classification Cards, Index Docket Cards, and Associated Records--Criminal Tax Cases (JUSTICE/TAX-001)--Limited Access.
</p>
<p>(2) These exemptions apply to the extent that information in these systems is subject to exemption pursuant to 5 U.S.C. 552a(j)(2).
</p>
<p>(b) The system of records listed under paragraph (a)(1) of this section is exempted for the reasons set forth below, from the following provisions of 5 U.S.C. 552a:
</p>
<p>(1)(c)(3). The release of the disclosure accounting, for disclosures made pursuant to subsection (b) of the Act, including those permitted under the routine uses published for those systems of records, would enable the subject of an investigation of an actual or potential criminal tax case to determine whether he or she is the subject of investigation, to obtain valuable information concerning the nature of that investigation and the information obtained, and to determine the identity of witnesses or informants. Such access to investigative information would, accordingly, present a serious impediment to law enforcement. In addition, disclosure of the accounting would constitute notice to the individual of the existence of a record even though such notice requirement under subsection (f)(1) is specifically exempted for these systems of records.
</p>
<p>(2)(c)(4). Since an exemption is being claimed for subsection (d) of the Act (Access to Records) this subsection is inapplicable to the extent that these systems of records are exempted from subsection (d).
</p>
<p>(3) (d)(1); (d)(2); (d)(3); (d)(4). Access to the records contained in these systems would inform the subject of an actual or potential criminal tax investigation of the existence of that investigation, of the nature and scope of the information and evidence obtained as to his or her activities, and of the identity of witnesses or informants. Such access would, accordingly, provide information that could enable the subject to avoid detection, apprehension and prosecution. This result, therefore, would constitute a serious impediment to effective law enforcement not only because it would prevent the successful completion of the investigation but also because it could endanger the physical safety of witnesses or informants, lead to the improper influencing of witnesses, the destruction of evidence, or the fabrication of testimony.
</p>
<p>(4)(e)(1). The notices for these systems of records published in the <i>Federal Register,</i> set forth the basic statutory or related authority for maintenance of these systems. However, in the course of criminal tax and related law enforcement investigations, cases, and matters, the Tax Division will occasionally obtain information concerning actual or potential violations of law that may not be technically within its statutory or other authority or may compile information in the course of an investigation which may not be relevant to a specific prosecution. In the interests of effective law enforcement, it is necessary to retain some or all of such information in these systems of records since it can aid in establishing patterns of criminal activity and can provide valuable leads for Federal and other law enforcement agencies.
</p>
<p>(5)(e)(2). In a criminal tax investigation or prosecution, the requirement that information be collected to the greatest extent practicable from the subject individual would present a serious impediment to law enforcement because the subject of the investigation or prosecution would be placed on notice as to the existence of the investigation and would therefore be able to avoid detection or apprehension, influence witnesses improperly, destroy evidence, or fabricate testimony.
</p>
<p>(6)(e)(3). The requirement that individuals supplying information be provided with a form stating the requirements of subsection (e)(3) would constitute a serious impediment to law enforcement in that it could compromise the existence of a confidential investigation or reveal the identity of witnesses or confidential informants.
</p>
<p>(7)(e)(4) (G) and (H). Since an exemption is being claimed for subsections (f) (Agency Rules) and (d) (Access to Records) of the Act these subsections are inapplicable to the extent that these systems of records are exempted from subsection (f) and (d). 
</p>
<p>(8)(e)(4)(I). The categories of sources of the records in the systems have been published in the <i>Federal Register</i> in broad generic terms in the belief that this is all that subsection (e)(4)(I) of the Act requires. In the event, however, that this subsection should be interpreted to require more detail as to the identity of sources of the records in these systems, exemption from this provision is necessary in order to protect the confidentiality of the sources of criminal tax and related law enforcement information. Such exemption is further necessary to protect the privacy and physical safety of witnesses and informants.
</p>
<p>(9)(e)(5). In the collection of information for criminal tax enforcement purposes it is impossible to determine in advance what information is accurate, relevant, timely, and complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significance as further investigation brings new details to light. Furthermore, the accuracy of such information can often only be determined in a court of law. The restrictions of subsection (e)(5) would restrict the ability of government attorneys in exercising their judgment in reporting on information and investigations and impede the development of criminal tax information and related data necessary for effective law enforcement.
</p>
<p>(10)(e)(8). The individual notice requirements of subsection (e)(8) could present a serious impediment to law enforcement as this could interfere with the ability to issue warrants or subpoenas and could reveal investigative techniques, procedures, or evidence. 
</p>
<p>(11)(f). Procedures for notice to an individual pursuant to subsection (f)(1) as to the existence of records pertaining to him dealing with an actual or potential criminal tax, civil tax, or regulatory investigation or prosecution must be exempted because such notice to an individual would be detrimental to the successful conduct and/or completion or an investigation or prosecution pending or future. In addition, mere notice of the fact of an investigation could inform the subject or others that their activities are under or may become the subject of an investigation and could enable the subjects to avoid detection or apprehension, to influence witnesses improperly, to destroy evidence, or to fabricate testimony.
</p>
<p>Since an exemption is being claimed for subsection (d) of the Act (Access to Records) the rules required pursuant to subsection (f) (2) through (5) are inapplicable to these systems of records to the extent that these systems of records are exempted from subsection (d).
</p>
<p>(12)(g). Since an exemption is being claimed for subsections (d) (Access to Records) and (f) (Agency Rules) this section is inapplicable, and is exempted for the reasons set forth for those subsections, to the extent that these systems of records are exempted from subsections (d) and (f).
</p>
<p>(c) The following system of records is exempted pursuant to the provisions of 5 U.S.C. 552a(k)(2) from subsections (c)(3), (d)(1), (d)(2), (d)(3), (d)(4), (e)(1), (e)(4)(G, (e)(4)(H, (e)(4)(I) and (f) of 5 U.S.C. 552a:
</p>
<p>(1) Tax Division Central Classification Cards, Index Docket Cards, and Associated Records--Civil Tax Cases (JUSTICE/TAX-002)--Limited Access.
</p>
<p>These exemptions apply to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(k)(2).
</p>
<p>(d) The system of records listed under paragraph (c)(1) is exempted for the reasons set forth below, from the following provisions of 5 U.S.C. 552a:
</p>
<p>(1)(c)(3). The release of the disclosure accounting, for disclosures made pursuant to subsection (b) of the Act, including those permitted under the routine uses published for this system of records, would enable the subject of an investigation of an actual or potential civil tax case to determine whether he or she is the subject of investigation, to obtain valuable information concerning the nature of that investigation and the information obtained, and to determine the identity of witnesses or informants. Such access to investigative information would, accordingly, present a serious impediment to law enforcement. In addition, disclosure of the accounting would constitute notice to the individual of the existence of a record even though such notice requirement under subsection (f)(1) is specifically exempted for this system of records.
</p>
<p>(2) (d)(1); (d)(2); (d)(3); (d)(4). Access to the records contained in this system would inform the subject of an actual or potential civil tax investigation of the existence of that investigation, of the nature and scope of the information and evidence obtained as to his or her activities and of the identity of witnesses or informants. Such access would, accordingly, provide information that could enable the subject to avoid detection. This result, therefore, would constitute a serious impediment to effective law enforcement not only because it would prevent the successful completion of the investigation but also because it could endanger the physical safety of witnesses or informants, lead to the improper influencing of witnesses, the destruction of evidence, or the fabrication of testimony.
</p>
<p>(3)(e)(1). The notices for this system of records published in the <i>Federal Register</i> set forth the basic statutory or related authority for maintenance of this system. However, in the course of civil tax and related law enforcement investigations, cases and matters, the Tax Division will occasionally obtain information concerning actual or potential violations of law that are not strictly or technically within its statutory or other authority or may compile information in the course of an investigation which may not be relevant to a specific case. In the interests of effective law enforcement, it is necessary to retain some or all of such information in this system of records since it can aid in establishing patterns of tax compliance and can provide valuable leads for Federal and other law enforcement agencies.
</p>
<p>(4)(e)(4) (G) and (H). Since an exemption is being claimed for subsections (f) (Agency Rules) and (d) (Access to Records) of the Act these subsections are inapplicable to the extent that this system of records is exempted from subsection (f) and (d).
</p>
<p>(5)(e)(4)(I). The categories of sources of the records in this system have been published in the <i>Federal Register</i> in broad generic terms in the belief that this is all that subsection (e)(4)(I) of the Act requires. In the event, however, that this subsection should be interpreted to require more detail as to the identity of sources of the records in this system, exemption from this provision is necessary in order to protect the confidentiality of the sources of civil tax and related law enforcement information. Such exemption is further necessary to protect the privacy and physical safety of witnesses and informants.
</p>
<p>(6)(f). Procedures for notice to an individual pursuant to subsection (f)(1) as to existence of records pertaining to the individual dealing with an actual or potential criminal tax, civil tax, or regulatory investigation or prosecution must be exempted because such notice to an individual would be detrimental to the successful conduct and/or completion of an investigation or case, pending or future. In addition, mere notice of the fact of an investigation could inform the subject or others that their activities are under or may become the subject of an investigation and could enable the subjects to avoid detection, to influence witnesses improperly, to destroy evidence, or to fabricate testimony.
</p>
<p>Since an exemption is being claimed for subsection (d) of the Act (Access to Records) the rules required pursuant to subsection (f) (2) through (5) are inapplicable to this system of records to the extent that this system of records is exempted from subsection (d). 
</p>
<p>(e) The following system of records is exempt from subsections (c)(3) and (d)(1) of the Privacy Act pursuant to 5 U.S.C. 552a(k)(5): Files of Applicants for Attorney and Non-Attorney Positions with the Tax Division, Justice/TAX-003. These exemptions apply only to the extent that information in a record is subject to exemption pursuant to 5 U.S.C. 552a(k)(5).
</p>
<p>(f) Exemption from the particular subsections is justified for the following reasons:
</p>
<p>(1) From subsection (c)(3) because an accounting could reveal the identity of confidential sources and result in an unwarranted invasion of the privacy of others. Many persons are contacted who, without an assurance of anonymity, refuse to provide information concerning an applicant for a position with the Tax Division. Disclosure of an accounting could reveal the identity of a source of information and constitutes a breach of the promise of confidentiality by the Tax Division. This would result in the reduction in the free flow of information vital to a determination of an applicant’s qualifications and suitability for federal employment.
</p>
<p>(2) From subsection (d)(1) because disclosure of records in the system could reveal the identity of confidential sources and result in an unwarranted invasion of the privacy of others. Many persons are contacted who, without an assurance of anonymity, refuse to provide information concerning an applicant for a Tax Division position. Access could reveal the identity of the source of the information and constitute a breach of the promise of confidentiality on the part of the Tax Division. Such breaches ultimately would restrict the free flow of information vital to a determination of an applicant’s qualifications and suitability.
</p>
<p>[Order No. 742-77, 42 FR 40906, Aug. 12, 1977, as amended by Order No. 6-86, 51 FR 15478, Apr. 24, 1986; Order No. 003-2006, 71 FR 11309, Mar. 7, 2006] 
</p><p><b>&#167; 16.96 
 Exemption of Federal Bureau of Investigation Systems--limited access. 
</b></p>
<p>(a) The following system of records is exempt from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G) and (H), (e)(5), (e)(8), (f) and (g): 
</p>
<p>(1) Central Records System (CRS) (JUSTICE/FBI-002).
</p>
<p>These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552(j) and (k). Where compliance would not appear to interfere with or adversely affect the overall law enforcement process, the applicable exemption may be waived by the FBI. 
</p>
<p>(b) Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (c)(3) because making available to a record subject the accounting of disclosures from records concerning him/her would reveal investigative interest by not only the FBI, but also by the recipient agency. This would permit the record subject to take appropriate measures to impede the investigation, e.g., destroy evidence, intimidate potential witnesses or flee the area to avoid the thrust of the investigation.
</p>
<p>(2)(i) From subsections (d), (e)(4) (G) and (H), (f) and (g) because these provisions concern individual access to investigative records, compliance with which could compromise sensitive information classified in the interest of national security, interfere with the overall law enforcement process by revealing a pending sensitive investigation, possibly identify a confidential source or disclose information which would constitute an unwarranted invasion of another individual’s personal privacy, reveal a sensitive investigative technique, or constitute a potential danger to the health or safety to law enforcement personnel.
</p>
<p>(ii) Also, individual access to non-criminal investigative records, e.g., civil investigations and administrative inquiries, as described in subsection (k) of the Privacy Act, could also compromise classified information related to national security, interfere with a pending investigation or internal inquiry, constitute an unwarranted invasion of privacy, reveal a confidential source or sensitive investigative technique, or pose a potential threat to law enforcement personnel. In addition, disclosure of information collected pursuant to an employment suitability or similar inquiry could reveal the identity of a source who provided information under an express promise of confidentiality, or could compromise the objectivity or fairness of a testing or examination process.
</p>
<p>(iii) In addition, from paragraph (d)(2) of this section, because to require the FBI to amend information thought to be incorrect, irrelevant or untimely, because of the nature of the information collected and the essential length of time it is maintained, would create an impossible administrative and investigative burden by forcing the agency to continuously retrograde its investigations attempting to resolve questions of accuracy, etc.
</p>
<p>(3) From subsection (e)(1) because: 
</p>
<p>(i) It is not possible in all instances to determine relevancy or necessity of specific information in the early stages of a criminal or other investigation. 
</p>
<p>(ii) Relevance and necessity are questions of judgment and timing; what appears relevant and necessary when collected ultimately may be deemed unnecessary. It is only after the information is assessed that its relevancy and necessity in a specific investigative activity can be established. 
</p>
<p>(iii) In any investigation the FBI might obtain information concerning violations of law not under its jurisdiction, but in the interest of effective law enforcement, dissemination will be made to the agency charged with enforcing such law. 
</p>
<p>(iv) In interviewing individuals or obtaining other forms of evidence during an investigation, information could be obtained, the nature of which would leave in doubt its relevancy and necessity. Such information, however, could be relevant to another investigation or to an investigative activity under the jurisdiction of another agency. 
</p>
<p>(4) From subsection (e)(2) because the nature of criminal and other investigative activities is such that vital information about an individual can only be obtained from other persons who are familiar with such individual and his/her activities. In such investigations it is not feasible to rely upon information furnished by the individual concerning his own activities.
</p>
<p>(5) From subsection (e)(3) because disclosure would provide the subject with substantial information which could impede or compromise the investigation. The individual could seriously interfere with undercover investigative activities and could take appropriate steps to evade the investigation or flee a specific area.
</p>
<p>(6) From subsection (e)(5) because in the collection of information for law enforcement purposes it is impossible to determine in advance what information is accurate, relevant, timely and complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significance as further investigation brings new details to light. The restrictions imposed by subsection (e)(5) would limit the ability of trained investigators and intelligence analysts to exercise their judgment in reporting on investigations and impede the development of criminal intelligence necessary for effective law enforcement. In addition, because many of these records come from other federal, state, local, joint, foreign, tribal, and international agencies, it is administratively impossible to ensure compliance with this provision. 
</p>
<p>(7) From subsection (e)(8) because the notice requirements of this provision could seriously interfere with a law enforcement activity by alerting the subject of a criminal or other investigation of existing investigative interest.
</p>
<p>(c) The following system of records is exempt from 5 U.S.C. 552a(c) (3) and (4), (d), (e) (1), (2) and (3), (e)(4) (G) and (H), (e) (5) and (8), (f), (g) and (m):
</p>
<p>(1) Electronic Surveillance (Elsur) Indices (JUSTICE/FBI-006).
</p>
<p>These exemptions apply only to the extent that information in the system is subject to exemption pursuant to 5 U.S.C. 552a(j).
</p>
<p>(d) Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (c)(3) because the release of accounting disclosures would place the subject of an investigation on notice that he is under investigation and provide him with significant information concerning the nature of the investigation, resulting in a serious impediment to law enforcement. 
</p>
<p>(2) From subsections (c)(4), (d), (e)(4) (G) and (H), and (g) because these provisions concern an individual’s access to records which concern him and such access to records in this system would compromise ongoing investigations, reveal investigatory techniques and confidential informants, and invade the privacy of private citizens who provide information in connection with a particular investigation.
</p>
<p>(3) From subsection (e)(1) because these indices must be maintained in order to provide the information as described in the "routine uses" of this particular system.
</p>
<p>(4) From subsections (e) (2) and (3) because compliance is not feasible given the subject matter of the indices.
</p>
<p>(5) From subsection (e)(5) because this provision is not applicable to the indices in view of the "routine uses" of the indices. For example, it is impossible to predict when it will be necessary to utilize information in the system and, accordingly it is not possible to determine when the records are timely.
</p>
<p>(6) From subsection (e)(8) because the notice requirement could present a serious impediment to law enforcement by revealing investigative techniques, procedures and the existence of confidential investigations.
</p>
<p>(7) From subsection (m) for the reasons stated in subsection (b)(7) of this section.
</p>
    <p> (e) The following system of records is exempt from 5 U.S.C. 552a(c) (3) and (4); (d)(1), (2), (3) and (4); (e) (1), (2) and (3); (e) (4) (G), (H) and (I); (e) (5) and (8); (f) and (g):</p>
    <p> (1) The Next Generation Identification (NGI) System (JUSTICE/FBI-009).</p>
    <p> (2) These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j) or (k).  Where compliance would not appear to interfere with or adversely affect the purpose of this system to detect, deter, and prosecute crimes and to protect the national security, the applicable exemption may be waived by the FBI in its sole discretion.</p>
    <p> (f) Exemptions from the particular subsections are justified for the following reasons:</p>
    <p> (1) From subsection (c)(3), the requirement that an accounting be made available to the named subject of a record, because this system is exempt from the access provisions of subsection (d).  Also, because making available to a record subject the accounting of disclosures from records concerning the subject would specifically reveal investigative interest by the FBI or agencies that are recipients of the disclosures.  Revealing this information could compromise ongoing, authorized law enforcement and national security efforts and may provide the record subject with the opportunity to evade or impede the investigation. </p>
    <p> (2) From subsection (c)(4) notification requirements because this system is exempt from the access and amendment provisions of subsection (d) as well as the accounting of disclosures provision of subsection (c)(3).   The FBI takes seriously its obligation to maintain accurate records despite its assertion of this exemption, and to the extent it, in its sole discretion, agrees to permit amendment or correction of FBI records, it will share that information in appropriate cases.</p>
    <p>(3) From subsection (d) (1), (2), (3) and (4), (e)(4)(G) and (H), (e)(8), (f) and (g) because these provisions concern individual access to and amendment of law enforcement records and compliance and could alert the subject of an authorized law enforcement activity about that particular activity and the interest of the FBI and/or other law enforcement agencies.  Providing access could compromise sensitive law enforcement information, disclose information that would constitute an unwarranted invasion of another’s personal privacy, reveal a sensitive investigative technique, provide information that would allow a subject to avoid detection or apprehension, or constitute a potential danger to the health or safety of law enforcement personnel, confidential sources, or witnesses.  Also, an alternate system of access has been provided in 28 CFR 16.30 through 16.34, and 28 CFR 20.34, for record subjects to obtain a copy of their criminal history records.  However, the vast majority of criminal history records concern local arrests for which it would be inappropriate for the FBI to undertake correction or amendment.</p>
    <p> (4) From subsection (e)(1) because it is not always possible to know in advance what information is relevant and necessary for law enforcement purposes.  The relevance and utility of certain information may not always be evident until and unless it is vetted and matched with other sources of information that are necessarily and lawfully maintained by the FBI.  Most records in this system are acquired from state and local law enforcement agencies and it is not possible for the FBI to review that information as relevant and necessary.</p>
    <p> (5) From subsection (e)(2) and (3) because application of this provision could present a serious impediment to the FBI’s responsibilities to detect, deter, and prosecute crimes and to protect the national security.  Application of these provisions would put the subject of an investigation on notice of that fact and allow the subject an opportunity to engage in conduct intended to impede that activity or avoid apprehension.  Also, the majority of criminal history records and associated biometrics in this system are collected by state and local agencies at the time of arrest; therefore it is not feasible for the FBI to collect directly from the individual or to provide notice.  Those persons who voluntarily submit fingerprints into this system pursuant to state and federal statutes for licensing, employment, and similar civil purposes receive an (e)(3) notice.</p>
    <p>(6) From subsection (e)(4)(I), to the extent that this subsection is interpreted to require more detail regarding the record sources in this system than has been published in the <i>Federal Register</i>.  Should the subsection be so interpreted, exemption from this provision is necessary to protect the sources of law enforcement information and to protect the privacy and safety of witnesses and informants and others who provide information to the FBI.
    </p>
    <p>(7) From subsection (e)(5) because in the collection of information for authorized law enforcement purposes it is impossible to determine in advance what information is accurate, relevant, timely and complete.  With time, seemingly irrelevant or untimely information may acquire new significance when new details are brought to light.  Additionally, the information may aid in establishing patterns of activity and providing criminal leads.  Most records in this system are acquired from state and local law enforcement agencies and it would be impossible for the FBI to vouch for the compliance of these agencies with this provision.  The FBI does communicate to these agencies the need for accurate and timely criminal history records, including criminal dispositions.</p>

    <p>(g) The following system of records is exempt from 5 U.S.C. 552a (c)(3) and (4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G) and (H), (e)(5), (e)(8), (f), and (g): 
</p>
<p>(1) National Crime Information Center (NCIC) (JUSTICE/FBI-001). These exemptions apply only to the extent that information in the system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2) and (k)(3). 
</p>
<p>(h) Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (c)(3) for the reasons stated in subsection (d)(1) of this section.
</p>
<p>(2) From subsections (c)(4), (d), (e)(4) (G) and (H), and (g) for the reasons stated in subsection (d)(2) of this section. When records are properly subject to access by the individual, an alternate means of access is provided in subsection (i) of this section.
</p>
<p>(3) From subsection (e)(1) because information contained in this system is primarily from state and local records, and it is for the official use of agencies outside the Federal Government in accordance with 28 U.S.C. 534. 
</p>
<p>(4) From subsections (e) (2) and (3) because it is not feasible to comply with these provisions given the nature of this system. 
</p>
<p>(5) From subsection (e)(5) because in the collection of information for law enforcement purposes it is impossible to determine in advance what information is accurate, relevant, timely and complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significance as further investigation brings new details to light. The restrictions imposed by subsection (e)(5) would limit the ability of trained investigators and intelligence analysts to exercise their judgment in reporting on investigations and impede the development of criminal intelligence necessary for effective law enforcement. In addition, the vast majority of these records come from other federal, state, local, joint, foreign, tribal, and international agencies and it is administratively impossible to ensure that the records comply with this provision. Submitting agencies are, however, urged on a continuing basis to ensure that their records are accurate and include all dispositions. 
</p>
<p>(6) From subsection (e)(8) for the reasons stated in subsection (d)(6) of this section. 
</p>
<p>(i) Access to computerized criminal history records in the National Crime Information Center is available to the individual who is the subject of the record pursuant to procedures and requirements specified in the Notice of Systems of Records compiled by the National Archives and Records Service and published under the designation:
</p>
<p>(j) The following system of records is exempt from 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G) and (H), (e)(5), (f) and (g): 
</p>
<p>(1) National Center for the Analysis of Violent Crime (NCAVC) (JUSTICE/FBI-015).
</p>
<p>These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a (j)(2) and (k)(2).
</p>
<p>(k) Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (c)(3) because providing the accounting of disclosures to the subject could prematurely reveal investigative interest by the FBI and other law enforcement agencies, thereby providing the individual an opportunity to impede an active investigation, destroy or alter evidence, and possibly render harm to violent crime victims and/or witnesses.
</p>
<p>(2) From subsections (d), (e)(4) (G) and (H), and (f) because disclosure to the subject could interfere with enforcement proceedings of a criminal justice agency, reveal the identity of a confidential source, result in an unwarranted invasion of another’s privacy, reveal the details of a sensitive investigative technique, or endanger the life and safety of law enforcement personnel, potential violent crime victims, and witnesses. Disclosure also could prevent the future apprehension of a violent or exceptionally dangerous criminal fugitive should he or she modify his or her method of operation in order to evade law enforcement. Also, specifically from subsection (d)(2), which permits an individual to request amendment of a record, because the nature of the information in the system is such that an individual criminal offender would frequently demand amendment of derogatory information, forcing the FBI to continuously retrograde its criminal investigations in an attempt to resolve questions of accuracy, etc.
</p>
<p>(3) From subsection (g) because the system is exempt from the access and amendment provisions of subsection (d).
</p>
<p>(4) From subsection (e)(1) because it is not always possible to establish relevance and necessity of the information at the time it is obtained or developed. Information, the relevance and necessity of which may not be readily apparent, frequently can prove to be of investigative value at a later date and time.
</p>
<p>(5) From subsection (e)(5) because in the collection of information for law enforcement purposes it is impossible to determine in advance what information is accurate, relevant, timely and complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significance as further investigation brings new details to light. The restrictions imposed by subsection (e)(5) would limit the ability of trained investigators and intelligence analysts to exercise their judgment in reporting on investigations and impede the development of criminal intelligence necessary for effective law enforcement. In addition, because many of these records come from other federal, state, local, joint, foreign, tribal, and international agencies, it is administratively impossible to ensure compliance with this provision. 
</p>
<p>(l) The following system of records is exempt from 5 U.S.C. 552a (c)(3), (c)(4), (d), (e) (1), (2), and (3), (e)(4) (G) and (H), (e)(5), (e)(8), (f) and (g).
</p>
<p>(1) FBI Counterdrug Information Indices System (CIIS) (JUSTICE/FBI--016)
</p>
<p>(2) [Reserved]
</p>
<p>(m) These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a (j)(2). Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (c)(3) because making available to a record subject the accounting of disclosures from records concerning him/her would reveal investigative interest by not only the FBI, but also by the recipient agency. This would permit the record subject to take appropriate measures to impede the investigation, e.g., destroy evidence, intimidate potential witnesses or flee the area to avoid the thrust of the investigation.
</p>
<p>(2) From subsection (c)(4) to the extent it is not applicable because an exemption is being claimed from subsection (d).
</p>
<p>(3)(i) From subsections (d), (e)(4) (G) and (H) because these provisions concern individual access to records, compliance with which could compromise sensitive information, interfere with the overall law enforcement process by revealing a pending sensitive investigation, possibly identify a confidential source or disclose information which would constitute an unwarranted invasion of another individual’s personal privacy, reveal a sensitive investigative technique, or constitute a potential danger to the health or safety of law enforcement personnel.
</p>
<p>(ii) In addition, from paragraph (d), because to require the FBI to amend information thought to be incorrect, irrelevant or untimely, because of the nature of the information collected and the essential length of time it is maintained, would create an impossible administrative and investigative burden by forcing the agency to continuously retrograde its investigations attempting to resolve questions of accuracy, etc.
</p>
<p>(4)(i) From subsection (e)(1) because it is not possible in all instances to determine relevancy or necessity of specific information in the early stages of a criminal or other investigation.
</p>
<p>(ii) Relevance and necessity are questions of judgment and timing; what appears relevant and necessary when collected ultimately may be deemed otherwise. It is only after the information is assessed that its relevancy and necessity in a specified investigative activity can be established.
</p>
<p>(iii) In any investigation the FBI might obtain information concerning violations of law not under its jurisdiction, but in the interest of effective law enforcement, dissemination will be made to the agency charged with enforcing such law.
</p>
<p>(iv) In interviewing individuals or obtaining other forms of evidence during an investigation, information could be obtained, the nature of which would leave in doubt its relevancy and necessity. Such information, however, could be relevant to another investigations or to an investigative activity under the jurisdiction of another agency.
</p>
<p>(5) From subsection (e)(2) because the nature of criminal and other investigative activities is such that vital information about an individual often can only be obtained from other persons who are familiar with such individual and his/her activities. In such investigations it is not feasible to principally rely upon information furnished by the individual concerning his own activities.
</p>
<p>(6) From subsection (e)(3) because disclosure would provide the subject with information which could impede or compromise the investigation. The individual could seriously interfere with undercover investigative activities and could take appropriate steps to evade the investigation or flee a specific area.
</p>
<p>(7) From subsection (e)(5) because in the collection of information for law enforcement purposes it is impossible to determine in advance what information is accurate, relevant, timely and complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significance as further investigation brings new details to light. The restrictions imposed by subsection (e)(5) would restrict the ability of trained investigators and intelligence analysts to exercise their judgment in reporting on investigations and impede the development of criminal intelligence necessary for effective law enforcement.
</p>
<p>(8) From subsection (e)(8) because the notice requirements of this provision could seriously interfere with a law enforcement activity by alerting the subject of a criminal or other investigation of existing investigative interest.
</p>
<p>(9) From subsection (f) to the extent that this system is exempt from the provisions of subsection (d).
</p>
<p>(10) From subsection (g) to the extent that this system of records is exempt from the provisions of subsection (d).
</p>
<p>(n) The following system of records is exempt from 5 U.S.C. 552a (c) (3) and (4); (d); (e) (1), (2), and 3; (e)(4) (G) and (H); (e) (5) and (8); and (g): 
</p>
<p>(1) National DNA Index System (NDIS) (JUSTICE/FBI-017). 
</p>
<p>(2) [Reserved]
</p>
<p>(o) These exemptions apply only to the extent that information in the system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2). Exemptions from the particular subsections are justified for the following reasons: 
</p>
<p>(1) From subsection (c)(3) because making available the accounting of disclosures of records to the subject of the record would prematurely place the subject on notice of the investigative interest of law enforcement agencies, provide the subject with significant information concerning the nature of the investigation, or permit the subject to take measures to impede the investigation (e.g., destroy or alter evidence, intimidate potential witnesses, or flee the area to avoid investigation and prosecution), and result in a serious impediment to law enforcement. 
</p>
<p>(2)(i) From subsections (c)(4), (d), (e)(4) (G) and (H), and (g) because these provisions concern an individual’s access to records which concern him/her and access to records in this system would compromise ongoing investigations. Such access is directed at allowing the subject of the record to correct inaccuracies in it. The vast majority of records in this system are from the DNA records of local and State NDIS agencies which would be inappropriate and not feasible for the FBI to undertake to correct. Nevertheless, an alternate method to access and/or amend records in this system is available to an individual who is the subject of a record pursuant to procedures and requirements specified in the Notice of Systems of Records compiled by the National Archives and Records Administration and published in the <i>Federal Register</i> under the designation: National DNA Index System (NDIS) (JUSTICE/FBI-017)
</p>
<p>(ii) In addition, from paragraph (d)(2) of this section, because to require the FBI to amend information thought to be incorrect, irrelevant, or untimely, because of the nature of the information collected and the essential length of time it is maintained, would create an impossible administrative and investigative burden by forcing the agency to continuously retrograde investigations attempting to resolve questions of accuracy, etc.
</p>
<p>(iii) In addition, from subsection (g) to the extent that the system is exempt from the access and amendment provisions of subsection (d).
</p>
<p>(3) From subsection (e)(1) because:
</p>
<p>(i) Information in this system is primarily from State and local records and it is for the official use of agencies outside the Federal Government.
</p>
<p>(ii) It is not possible in all instances to determine the relevancy or necessity of specific information in the early stages of the criminal investigative process.
</p>
<p>(iii) Relevance and necessity are questions of judgment and timing; what appears relevant and necessary when collected ultimately may be deemed unnecessary, and vice versa. It is only after the information is assessed that its relevancy in a specific investigative activity can be established.
</p>
<p>(iv) Although the investigative process could leave in doubt the relevancy and necessity of evidence which had been properly obtained, the same information could be relevant to another investigation or investigative activity under the jurisdiction of the FBI or another law enforcement agency.
</p>
<p>(4) From subsections (e)(2) and (3) because it is not feasible to comply with these provisions given the nature of this system. Most of the records in this system are necessarily furnished by State and local criminal justice agencies and not by individuals due to the very nature of the records and the system.
</p>
<p>(5) From subsection (e)(5) because the vast majority of these records come from State and local criminal justice agencies and because it is administratively impossible for them and the FBI to insure that the records comply with this provision. Submitting agencies are urged and make every effort to insure records are accurate and complete; however, since it is not possible to predict when information in the indexes of the system (whether submitted by State and local criminal justice agencies or generated by the FBI) will be matched with other information, it is not possible to determine when most of them are relevant or timely.
</p>
<p>(6) From subsection (e)(8) because the FBI has no logical manner to determine whenever process has been made public and compliance with this provision would provide an impediment to law enforcement by interfering with ongoing investigations.
</p>
<p>(p) The National Instant Criminal Background Check System (NICS), (JUSTICE/FBI-018), a Privacy Act system of records, is exempt:
</p>
<p>(1) Pursuant to 5 U.S.C. 552a(j)(2), from subsections (c) (3) and (4); (d); (e) (1), (2) and (3); (e)(4) (G) and (H); (e) (5) and (8); and (g); and
</p>
<p>(2) Pursuant to 5 U.S.C. 552a(k) (2) and (3), from subsections (c)(3), (d), (e)(1), and (e)(4) (G) and (H).
</p>
<p>(q) These exemptions apply only to the extent that information in the system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(2), and (k)(3). Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (c)(3) because the release of the accounting of disclosures would place the subject on notice that the subject is or has been the subject of investigation and result in a serious impediment to law enforcement.
</p>
<p>(2) From subsection (c)(4) to the extent that it is not applicable since an exemption is claimed from subsection (d).
</p>
<p>(3)(i) From subsections (d) and (e)(4) (G) and (H) because these provisions concern an individual’s access to records which concern the individual and such access to records in the system would compromise ongoing investigations, reveal investigatory techniques and confidential informants, invade the privacy of persons who provide information in connection with a particular investigation, or constitute a potential danger to the health or safety of law enforcement personnel.
</p>
<p>(ii) In addition, from subsection (d)(2) because, to require the FBI to amend information thought to be not accurate, timely, relevant, and complete, because of the nature of the information collected and the essential length of time it is maintained, would create an impossible administrative burden by forcing the agency to continuously update its investigations attempting to resolve these issues.
</p>
<p>(iii) Although the Attorney General is exempting this system from subsections (d) and (e)(4) (G) and (H), an alternate method of access and correction has been provided in 28 CFR, part 25, subpart A.
</p>
<p>(4) From subsection (e)(1) because it is impossible to state with any degree of certainty that all information in these records is relevant to accomplish a purpose of the FBI, even though acquisition of the records from state and local law enforcement agencies is based on a statutory requirement. In view of the number of records in the system, it is impossible to review them for relevancy.
</p>
<p>(5) From subsections (e) (2) and (3) because the purpose of the system is to verify information about an individual. It would not be realistic to rely on information provided by the individual. In addition, much of the information contained in or checked by this system is from Federal, State, and local criminal history records.
</p>
<p>(6) From subsection (e)(5) because it is impossible to predict when it will be necessary to use the information in the system, and, accordingly, it is not possible to determine in advance when the records will be timely. Since most of the records are from State and local or other Federal agency records, it would be impossible to review all of them to verify that they are accurate. In addition, an alternate procedure is being established in 28 CFR, part 25, subpart A, so the records can be amended if found to be incorrect.
</p>
<p>(7) From subsection (e)(8) because the notice requirement could present a serious impediment to law enforcement by revealing investigative techniques and confidential investigations.
</p>
<p>(8) From subsection (g) to the extent that, pursuant to subsections (j)(2), (k)(2), and (k)(3), the system is exempted from the other subsections listed in paragraph (p) of this section.
</p>
<p>(r) The following system of records is exempt from 5 U.S.C. 552a(c)(3) and (4); (d)(1), (2), (3), and (4); (e)(1), (2), (3), (5), and (8); and (g):
</p>
<p>(1) Terrorist Screening Records System (TSRS) (JUSTICE/FBI-019).
</p>
<p>(2) These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(1), and (k)(2). Where compliance would not appear to interfere with or adversely affect the counterterrorism purposes of this system, and the overall law enforcement process, the applicable exemption may be waived by the FBI in its sole discretion.
</p>
<p>(s) Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (c)(3) because making available to a record subject the accounting of disclosures from records concerning him/her would specifically reveal any investigative interest in the individual. Revealing this information could reasonably be expected to compromise ongoing efforts to investigate a known or suspected terrorist by notifying the record subject that he/she is under investigation. This information could also permit the record subject to take measures to impede the investigation, <i>e.g.</i>, destroy evidence, intimidate potential witnesses, or flee the area to avoid or impede the investigation. Similarly, disclosing this information to individuals who have been misidentified as known or suspected terrorists due to a close name similarity could reveal the Government’s investigative interest in a terrorist suspect, because it could make known the name of the individual who actually is the subject of the Government’s interest. Consequently, the Government has as great an interest in protecting the confidentiality of identifying information of misidentified persons as it does in protecting the confidentiality of the identities of known or suspected terrorists.
</p>
<p>(2) From subsection (c)(4) because this system is exempt from the access and amendment provisions of subsection (d).
</p>
<p>(3) From subsections (d)(1), (2), (3), and (4) because these provisions concern individual access to and amendment of records contained in this system, which consists of counterterrorism, investigatory and intelligence records. Compliance with these provisions could alert the subject of a terrorism investigation of the fact and nature of the investigation, and/or the investigative interest of the FBI and/or other intelligence or law enforcement agencies; compromise sensitive information classified in the interest of national security; interfere with the overall law enforcement process by leading to the destruction of evidence, improper influencing of witnesses, fabrication of testimony, and/or flight of the subject; could identify a confidential source or disclose information which would constitute an unwarranted invasion of another’s personal privacy; reveal a sensitive investigative or intelligence technique; or constitute a potential danger to the health or safety of law enforcement personnel, confidential informants, and witnesses. Amendment of these records would interfere with ongoing counterterrorism investigations and analysis activities and impose an impossible administrative burden by requiring investigations, analyses, and reports to be continuously reinvestigated and revised. Similarly, compliance with these provisions with respect to records on individuals who have been misidentified as known or suspected terrorists due to a close name similarity could reveal the Government’s investigative interest in a terrorist suspect, because it could make known the name of the individual who actually is the subject of the Government’s interest.
</p>
<p>(4) From subsection (e)(1) because it is not always possible for TSC to know in advance what information is relevant and necessary for it to complete an identity comparison between the individual being screened and a known or suspected terrorist. Also, because TSC and the FBI may not always know what information about an encounter with a known or suspected terrorist will be relevant to law enforcement for the purpose of conducting an operational response.
</p>
<p>(5) From subsection (e)(2) because application of this provision could present a serious impediment to counterterrorism efforts in that it would put the subject of an investigation, study or analysis on notice of that fact, thereby permitting the subject to engage in conduct designed to frustrate or impede that activity. The nature of counterterrorism investigations is such that vital information about an individual frequently can be obtained only from other persons who are familiar with such individual and his/her activities. In such investigations it is not feasible to rely upon information furnished by the individual concerning his own activities.
</p>
<p>(6) From subsection (e)(3), to the extent that this subsection is interpreted to require TSC to provide notice to an individual if TSC receives information about that individual from a third party. Should the subsection be so interpreted, exemption from this provision is necessary to avoid impeding counterterrorism efforts by putting the subject of an investigation, study or analysis on notice of that fact, thereby permitting the subject to engage in conduct intended to frustrate or impede that activity.
</p>
<p>(7) From subsection (e)(5) because many of the records in this system are derived from other domestic and foreign agency record systems and therefore it is not possible for the FBI and the TSC to vouch for their compliance with this provision; however, the TSC has implemented internal quality assurance procedures to ensure that TSC terrorist screening data is as thorough, accurate, and current as possible. In addition, TSC supports but does not conduct investigations; therefore, it must be able to collect information related to terrorist identities and encounters for distribution to law enforcement and intelligence agencies that do conduct terrorism investigations. In the collection of information for law enforcement, counterterrorism, and intelligence purposes, it is impossible to determine in advance what information is accurate, relevant, timely, and complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significance as further investigation brings new details to light. The restrictions imposed by (e)(5) would limit the ability of those agencies’ trained investigators and intelligence analysts to exercise their judgment in conducting investigations and impede the development of intelligence necessary for effective law enforcement and counterterrorism efforts. The TSC has, however, implemented internal quality assurance procedures to ensure that TSC terrorist screening data is as thorough, accurate, and current as possible. The FBI also is exempting the TSRS from the requirements of subsection (e)(5) in order to prevent the use of a challenge under subsection (e)(5) as a collateral means to obtain access to records in the TSRS. The FBI has exempted TSRS records from the access and amendment requirements of subsection (d) of the Privacy Act in order to protect the integrity of counterterrorism investigations. Exempting the TSRS from subsection (e)(5) serves to prevent the assertion of challenges to a record’s accuracy, timeliness, completeness, and/or relevance under subsection (e)(5) to circumvent the exemption claimed from subsection (d).
</p>
<p>(8) From subsection (e)(8) because to require individual notice of disclosure of information due to compulsory legal process would pose an impossible administrative burden on the FBI and the TSC and could alert the subjects of counterterrorism, law enforcement, or intelligence investigations to the fact of those investigations when not previously known.
</p>
<p>(9) From subsection (g) to the extent that the system is exempt from other specific subsections of the Privacy Act.
</p>
<p>(t) The following system of records is exempt from 5 U.S.C. 552a(c)(3) and (4); (d)(1), (2), (3) and (4); (e)(1), (2), (3), (5) and (8); and (g) of the Privacy Act:
</p>
<p>(1) Law Enforcement National Data Exchange (N-DEx), (JUSTICE/FBI-020).
</p>
<p>(2) These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2). Where compliance would not appear to interfere with or adversely affect the law enforcement purposes of this system, or the overall law enforcement process, the applicable exemption may be waived by the FBI in its sole discretion.
</p>
<p>(u) Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (c)(3) because this system is exempt from the access provisions of subsection (d). Also, because making available to a record subject the accounting of disclosures from records concerning him/her would specifically reveal any investigative interest in the individual. Revealing this information may thus compromise ongoing law enforcement efforts. Revealing this information may also permit the record subject to take measures to impede the investigation, such as destroying evidence, intimidating potential witnesses or fleeing the area to avoid the investigation.
</p>
<p>(2) From subsection (c)(4) because this system is exempt from the access and amendment provisions of subsection (d).
</p>
<p>(3) From subsections (d)(1), (2), (3), and (4), because these provisions concern individual access to and amendment of investigatory records, compliance with which could alert the subject of an investigation of the fact and nature of the investigation, and/or the investigative interest of the FBI and other law enforcement agencies; interfere with the overall law enforcement process by leading to the destruction of evidence, improper influencing of witnesses, fabrication of testimony, and/or flight of the subject; possibly identify a confidential source or disclose information which would constitute an unwarranted invasion of another’s personal privacy; reveal a sensitive investigative or intelligence technique; or constitute a potential danger to the health or safety of law enforcement personnel, confidential informants, and witnesses. Amendment of these records would interfere with ongoing investigations and other law enforcement activities and impose an impossible administrative burden by requiring investigations, analyses, and reports to be continuously reinvestigated and revised.
</p>
<p>(4) From subsection (e)(1) because it is not always possible to know in advance what information is relevant and necessary for law enforcement purposes and, in fact, a major tenet of the N-DEx information sharing system is that the relevance of certain information may not always be evident in the absence of the ability to correlate that information with other existing law enforcement data.
</p>
<p>(5) From subsection (e)(2) because application of this provision could present a serious impediment to efforts to solve crimes and improve homeland security in that it would put the subject of an investigation on notice of that fact, thereby permitting the subject to engage in conduct intended to frustrate or impede that activity.
</p>
<p>(6) From subsection (e)(3) because disclosure would put the subject of an investigation on notice of that fact and would permit the subject to engage in conduct intended to thwart that activity.
</p>
<p>(7)(i) From subsection (e)(5) because many of the records in this system are records contributed by other agencies and the restrictions imposed by (e)(5) would limit the utility of the N-DEx system. All data contributors are expected to ensure that information they share is relevant, timely, complete and accurate. In fact, rules for use of the N-DEx system will require that information be updated periodically and not be used as a basis for action or disseminated beyond the recipient without the recipient first obtaining permission from the record owner/contributor. These rules will be enforced through robust audit procedures. The existence of these rules should ameliorate any perceived concerns about the integrity of the information in the N-DEx system. Nevertheless, exemption from this provision is warranted in order to reduce the administrative burden on the FBI to vouch for compliance with the provision by all N-DEx data contributors and to encourage those contributors to share information the significance of which may only become apparent when combined with other information in the N-DEx system.
</p>
<p>(ii) The FBI is also exempting the N-DEx from subsection (e)(5) in order to block the use of a challenge under subsection (e)(5) as a collateral means to obtain access to records in the N-DEx. The FBI has exempted these records from the access and amendment requirements of subsection (d) of the Privacy Act in order to protect the integrity of law enforcement investigations. Exempting the N-DEx system from subsection (e)(5) complements this exemption and will provide the FBI with the ability to prevent the assertion of challenges to a record’s accuracy, timeliness, completeness and/or relevance under subsection (e)(5) to circumvent the exemption claimed from subsection (d).
</p>
<p>(8) From subsection (e)(8), because to require individual notice of disclosure of information due to compulsory legal process would pose an impossible administrative burden on the FBI and may alert the subjects of law enforcement investigations to the fact of those investigations, when not previously known.
</p>
<p>(9) From subsection (g) to the extent that the system is exempt from other specific subsections of the Privacy Act.
</p>
<p>(v) The following system of records is exempt from 5 U.S.C. 552a(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:
</p>
<p>(1) FBI Data Warehouse System, (JUSTICE/FBI-022).
</p>
<p>(2) These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j) and (k). Where compliance with an exempted provision could not appear to interfere with or adversely affect interests of the United States or other system stakeholders, the Department of Justice (DOJ) in its sole discretion may waive an exemption in whole or in part; exercise of this discretionary waiver prerogative in a particular matter shall not create any entitlement to or expectation of waiver in that matter or any other matter. As a condition of discretionary waiver, the DOJ in its sole discretion may impose any restrictions deemed advisable by the DOJ (including, but not limited to, restrictions on the location, manner, or scope of notice, access, or amendment).
</p>
<p>(w) Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (c)(3), the requirement that an accounting be made available to the named subject of a record, because this system is exempt from the access provisions of subsection (d). Also, because making available to a record subject the accounting of disclosures from records concerning him/her would specifically reveal any law enforcement or national security investigative interest in the individual by the FBI or agencies that are recipients of the disclosures. Revealing this information could compromise ongoing, authorized law enforcement and intelligence efforts, particularly efforts to identify and defuse any potential acts of terrorism or other potential violations of criminal law. Revealing this information could also permit the record subject to obtain valuable insight concerning the information obtained during any investigation and to take measures to circumvent the investigation.
</p>
<p>(2) From subsection (c)(4) notification requirements because this system is exempt from the access and amendment provisions of subsection (d) as well as the accounting of disclosures provision of subsection (c)(3).
</p>
<p>(3) From subsections (d)(1), (2), (3), and (4) and (e)(4)(G) and (H) because these provisions concern individual access to and amendment of law enforcement, intelligence and counterintelligence, and counterterrorism records, and compliance could alert the subject of an authorized law enforcement or intelligence activity about that particular activity and the investigative interest of the FBI or other law enforcement or intelligence agencies. Providing access could compromise sensitive information classified to protect national security; disclose information that would constitute an unwarranted invasion of another’s personal privacy; reveal a sensitive investigative or intelligence technique; could provide information that would allow a subject to avoid detection or apprehension; or constitute a potential danger to the health or safety of law enforcement personnel, confidential sources, and witnesses. The FBI takes seriously its obligation to maintain accurate records despite its assertion of this exemption, and to the extent it, in its sole discretion, agrees to permit amendment or correction of FBI records, it will share that information in appropriate cases with subjects of the information.
</p>
<p>(4) From subsection (e)(1) because it is not always possible to know in advance what information is relevant and necessary for law enforcement and intelligence purposes. The relevance and utility of certain information that may have a nexus to terrorism or other crimes may not always be evident until and unless it is vetted and matched with other sources of information that are necessarily and lawfully maintained by the FBI.
</p>
<p>(5) From subsections (e)(2) and (3) because application of these provisions could present a serious impediment to efforts to solve crimes and improve national security. Application of these provisions would put the subject of an investigation on notice of that fact and allow the subject an opportunity to engage in conduct intended to impede that activity or avoid apprehension.
</p>
<p>(6) From subsection (e)(4)(I), to the extent that this subsection is interpreted to require more detail regarding the record sources in this system than has been published in the <i>Federal Register.</i> Should the subsection be so interpreted, exemption from this provision is necessary to protect the sources of law enforcement and intelligence information and to protect the privacy and safety of witnesses and informants and others who provide information to the FBI. Further, greater specificity of properly classified records could compromise national security.
</p>
<p>(7) From subsection (e)(5) because in the collection of information for authorized law enforcement and intelligence purposes, it is impossible to determine in advance what information is accurate, relevant, timely and complete. With time, seemingly irrelevant or untimely information may acquire new significance when new details are brought to light. Additionally, the information may aid in establishing patterns of activity and providing criminal or intelligence leads. It could impede investigative progress if it were necessary to assure relevance, accuracy, timeliness and completeness of all information obtained during the scope of an investigation. Further, some of the records in this system come from other agencies and it would be administratively impossible for the FBI to vouch for the compliance of these agencies with this provision.
</p>
<p>(8) From subsection (e)(8) because to require individual notice of disclosure of information due to compulsory legal process would pose an impossible administrative burden on the FBI and may alert the subjects of law enforcement investigations, who might be otherwise unaware, to the fact of those investigations.
</p>
<p>(9) From subsections (f) and (g) to the extent that the system is exempt from other specific subsections of the Privacy Act.
</p>
<p>[Order No. 40-80, 45 FR 5301, Jan. 23, 1980] 
</p>
<p><b>Editorial Note:</b></p>
<p>For <i>Federal Register</i> citations affecting &#167; 16.96, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at <i>www.fdsys.gov.</i>
</p><p><b>&#167; 16.97
 Exemption of Bureau of Prisons Systems--limited access.
</b></p>
<p>(a) The following systems of records are exempt from 5 U.S.C. 552a (c) (3) and (4), (d), (e) (2) and (3), (e)(4) (H), (e)(8), (f) and (g): 
</p>
<p>(1) Custodial and Security Record System (JUSTICE/BOP-001). 
</p>
<p>(2) Industrial Inmate Employment Record System (JUSTICE/BOP-003). 
</p>
<p>(3) Inmate Administrative Remedy Record System (JUSTICE/BOP-004). 
</p>
<p>(4) Inmate Commissary Accounts Record System (JUSTICE/BOP-006).
</p>
<p>(5) Inmate Physical and Mental Health Record System (JUSTICE/BOP-007).
</p>
<p>(6) Inmate Safety and Accident Compensation Record System (JUSTICE/BOP-008).
</p>
<p>(7) Federal Tort Claims Act Record System (JUSTICE/BOP-009).
</p>
<p>(8) Federal Tort Claims Act Record System (JUSTICE/BOP-009).
</p>
<p>These exemptions apply only to the extent that information in these systems is subject to exemption pursuant to 5 U.S.C. 552a(j). 
</p>
<p>(b) Exemptions from the particular subsections are justified for the following reasons: 
</p>
<p>(1) From subsection (c)(3) because inmates will not be permitted to gain access or to contest contents of these record systems under the provisions of subsection (d) of 5 U.S.C. 552a. Revealing disclosure accountings can compromise legitimate law enforcement activities and Bureau of Prisons responsibilities. 
</p>
<p>(2) From subsection (c)(4) because exemption from provisions of subsection (d) will make notification of formal disputes inapplicable. 
</p>
<p>(3) From subsection (d) because exemption from this subsection is essential to protect internal processes by which Bureau personnel are able to formulate decisions and policies with regard to federal prisoners, to prevent disclosure of information to federal inmates that would jeopardize legitimate correctional interests of security, custody, or rehabilitation, and to permit receipt of relevant information from other federal agencies, state and local law enforcement agencies, and federal and state probation and judicial offices. 
</p>
<p>(4) From subsection (e)(2) because primary collection of information directly from federal inmates about criminal sentences or criminal records is highly impractical and inappropriate. 
</p>
<p>(5) From subsection (e)(3) because in view of the Bureau of Prisons’ responsibilities, application of this provision to its operations and collection of information is inappropriate. 
</p>
<p>(6) From subsection (e)(4)(H) because exemption from provisions of subsection (d) will make publication of agency procedures under this subsection inapplicable. 
</p>
<p>(7) From subsection (e)(8) because the nature of Bureau of Prisons law enforcement activities renders notice of compliance with compulsory legal process impractical. 
</p>
<p>(8) From subsection (f) because exemption from provisions of subsection (d) will render compliance with provisions of this subsection inapplicable. 
</p>
<p>(9) From subsection (g) because exemption from provisions of subsection (d) will render provisions of this subsection inapplicable. 
</p>
<p>(c) The following system of records is exempted pursuant to 5 U.S.C. 552a(j)(2) from subsections (c)(3) and (4), (d), (e)(1), (2) and (3), (e)(5) and (e)(8), and (g). In addition, the following system of records is exempted pursuant to 5 U.S.C. 552a(k)(2) from subsections (c)(3), (d), and (e)(1):
</p>
<p>Bureau of Prisons Access Control Entry/Exit, (JUSTICE/BOP-010).
</p>
<p>(d) These exemptions apply only to the extent that information in these systems is subject to exemption pursuant to 5 U.S.C. 552a(j)(2) or (k)(2). Where compliance would not appear to interfere with or adversely affect the law enforcement process, and/or where it may be appropriate to permit individuals to contest the accuracy of the information collected, e.g. public source materials, or those supplied by third parties, the applicable exemption may be waived, either partially or totally, by the BOP. Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (c)(3) for similar reasons as those enumerated in paragraph (3).
</p>
<p>(2) From subsection (c)(4) to the extent that exemption from subsection (d) will make notification of corrections or notations of disputes inapplicable.
</p>
<p>(3) From the access provisions of subsection (d) to the extent that exemption from this subsection may appear to be necessary to prevent access by record subjects to information that may jeopardize the legitimate correctional interests of safety, security, and good order of Bureau of Prisons facilities; to protect the privacy of third parties; and to protect access to relevant information received from third parties, such as other Federal State, local and foreign law enforcement agencies, Federal and State probation and judicial offices, the disclosure of which may permit a record subject to evade apprehension, prosecution, etc.; and/or to otherwise protect investigatory or law enforcement information, whether received from other third parties, or whether developed internally by the BOP.
</p>
<p>(4) From the amendment provisions of subsection (d) because amendment of the records would interfere with law enforcement operations and impose an impossible administrative burden. In addition to efforts to ensure accuracy so as to withstand possible judicial scrutiny, it would require that law enforcement and investigatory information be continuously reexamined, even where the information may have been collected from the record subject. Also, where records are provided by other Federal criminal justice agencies or other State, local and foreign jurisdictions, it may be administratively impossible to ensure compliance with this provision.
</p>
<p>(5) From subsection (e)(1) to the extent that the BOP may collect information that may be relevant to the law enforcement operations of other agencies. In the interests of overall, effective law enforcement, such information should be retained and made available to those agencies with relevant responsibilities.
</p>
<p>(6) From subsection (e)(2) because primary collection of information directly from the record subject is often highly impractical, inappropriate and could result in inaccurate information.
</p>
<p>(7) From subsection (e)(3) because compliance with this subsection may impede the collection of information that may be valuable to law enforcement interests.
</p>
<p>(8) From subsection (e)(5) because in the collection and maintenance of information for law enforcement purposes, it is impossible to determine in advance what information is accurate, relevant, timely and complete. Data which may seem unrelated, irrelevant or incomplete when collected may take on added meaning or significance as an investigation progresses or with the passage of time, and could be relevant to future law enforcement decisions.
</p>
<p>(9) From subsection (e)(8) because the nature of BOP law enforcement activities renders notice of compliance with compulsory legal process impractical and could seriously jeopardize institution security and personal safety and/or impede overall law enforcement efforts.
</p>
<p>(10) From subsection (g) to the extent that the system is exempted from subsection (d).
</p>
<p>(e) The following system of records is exempt from 5 U.S.C. 552a (c) (3) and (4), (d), (e) (2) and (3), (e)(5) and (e)(8), (f) and (g):
</p>
<p>Telephone Activity Record System (JUSTICE/BOP-011).
</p>
<p>(f) These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a (j)(2) and/or (k)(2). Where compliance would not appear to interfere with or adversely affect the law enforcement process, and/or where it may be appropriate to permit individuals to contest the accuracy of the information collected, the applicable exemption may be waived, either partially or totally, by the BOP. Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (c)(3) to the extent that this system of records is exempt from subsection (d), and for such reasons as those cited for subsection (d) in paragraph (f)(3) below.
</p>
<p>(2) From subsection (c)(4) to the extent that exemption from subsection (d) makes this exemption inapplicable.
</p>
<p>(3) From the access provisions of subsection (d) because exemption from this subsection is essential to prevent access of information by record subjects that may invade third party privacy; frustrate the investigative process; jeopardize the legitimate correctional interests of safety, security, and good order to prison facilities; or otherwise compromise, impede, or interfere with BOP or other law enforcement agency activities.
</p>
<p>(4) From the amendment provisions from subsection (d) because amendment of the records may interfere with law enforcement operations and would impose an impossible administrative burden by requiring that, in addition to efforts to ensure accuracy so as to withstand possible judicial scrutiny, it would require that law enforcement information be continuously reexamined, even where the information may have been collected from the record subject. Also, some of these records come from other Federal criminal justice agencies or State, local and foreign jurisdictions, or from Federal and State probation and judicial offices, and it is administratively impossible to ensure that the records comply with this provision.
</p>
<p>(5) From subsection (e)(2) because the nature of criminal and other investigative activities is such that vital information about an individual can be obtained from other persons who are familiar with such individual and his/her activities. In such investigations it is not feasible to rely solely upon information furnished by the individual concerning his/her own activities since it may result in inaccurate information.
</p>
<p>(6) From subsection (e)(3) because in view of BOP’s operational responsibilities, application of this provision to the collection of information is inappropriate. Application of this provision could provide the subject with substantial information which may in fact impede the information gathering process or compromise an investigation.
</p>
<p>(7) From subsection (e)(5) because in the collection and maintenance of information for law enforcement purposes, it is impossible to determine in advance what information is accurate, relevant, timely and complete. Material which may seem unrelated, irrelevant or incomplete when collected may take on added meaning or significance at a later date or as an investigation progresses. Also, some of these records may come from other Federal, State, local and foreign law enforcement agencies, and from Federal and State probation and judicial offices and it is administratively impossible to ensure that the records comply with this provision. It would also require that law enforcement information be continuously reexamined even where the information may have been collected from the record subject.
</p>
<p>(8) From subsection (e)(8) because the nature of BOP law enforcement activities renders impractical the notice of compliance with compulsory legal process. This requirement could present a serious impediment to law enforcement such as revealing investigative techniques or the existence of confidential investigations, jeopardize the security of third parties, or otherwise compromise law enforcement efforts.
</p>
<p>(9)-(10) [Reserved]
</p>
<p>(11) From subsections (f) and (g) to the extent that this system is exempt from the access and amendment provisions of subsection (d).
</p>
<p>(g) The following system of records is exempt pursuant to the provisions of 5 U.S.C. 552a(j)(2) from subsections (c) (3) and (4), (d), (e) (1), (2), and (3), (e)(5) and (e)(8), and (g) of 5 U.S.C. 552a. In addition, the following system of records is exempt pursuant to the provisions of 5 U.S.C. 552a (k)(1) and (k)(2) from subsections (c)(3), (d), and (e)(1) of 5 U.S.C. 552a:
</p>
<p>Bureau of Prisons, Office of Internal Affairs Investigative Records, JUSTICE/BOP-012
</p>
<p>(h) These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a (j)(2), (k)(1), and (k)(2). Where compliance would not appear to interfere with or adversely affect the law enforcement process, and/or where it may be appropriate to permit individuals to contest the accuracy of the information collected, e.g., public source materials, the applicable exemption may be waived, either partially or totally, by the Office of Internal Affairs (OIA). Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (c)(3) because release of disclosure accounting could alert the subject of an investigation of an actual or potential criminal, civil, or regulatory violation to the existence of the investigation and the fact that they are subjects of the investigation, and reveal investigative interest by not only the OIA but also by the recipient agency. Since release of such information to the subjects of an investigation would provide them with significant information concerning the nature of the investigation, release could result in activities that would impede or compromise law enforcement such as: the destruction of documentary evidence; improper influencing of witnesses; endangerment of the physical safety of confidential sources, witnesses, and law enforcement personnel; fabrication of testimony; and flight of the subject from the area. In addition, release of disclosure accounting could result in the release of properly classified information which could compromise the national defense or disrupt foreign policy.
</p>
<p>(2) From subsection (c)(4) because this system is exempt from the access provisions of subsection (d) pursuant to subsections (j) and (k) of the Privacy Act.
</p>
<p>(3) From the access and amendment provisions of subsection (d) because access to the records contained in this system of records could provide the subject of an investigation with information concerning law enforcement activities such as that relating to an actual or potential criminal, civil or regulatory violation; the existence of an investigation; the nature and scope of the information and evidence obtained as to his activities; the identity of confidential sources, witnesses, and law enforcement personnel; and information that may enable the subject to avoid detection or apprehension. Such disclosure would present a serious impediment to effective law enforcement where they prevent the successful completion of the investigation; endanger the physical safety of confidential sources, witnesses, and law enforcement personnel; and/or lead to the improper influencing of witnesses, the destruction of evidence, or the fabrication of testimony. In addition, granting access to such information could disclose security-sensitive or confidential business information or information that would constitute an unwarranted invasion of the personal privacy of third parties. Finally, access to the records could result in the release of properly classified information which could compromise the national defense or disrupt foreign policy. Amendment of the records would interfere with ongoing investigations and law enforcement activities and impose an impossible administrative burden by requiring investigations to be continuously reinvestigated.
</p>
<p>(4) From subsection (e)(1) because the application of this provision could impair investigations and interfere with the law enforcement responsibilities of the OIA for the following reasons:
</p>
<p>(i) It is not possible to detect relevance or necessity of specific information in the early stages of a civil, criminal or other law enforcement investigation, case, or matter, including investigations in which use is made of properly classified information. Relevance and necessity are questions of judgment and timing, and it is only after the information is evaluated that the relevance and necessity of such information can be established.
</p>
<p>(ii) During the course of any investigation, the OIA may obtain information concerning actual or potential violations of laws other than those within the scope of its jurisdiction. In the interest of effective law enforcement, the OIA should retain this information as it may aid in establishing patterns of criminal activity, and can provide valuable leads for Federal and other law enforcement agencies.
</p>
<p>(iii) In interviewing individuals or obtaining other forms of evidence during an investigation, information may be supplied to an investigator which relates to matters incidental to the primary purpose of the investigation but which may relate also to matters under the investigative jurisdiction of another agency. Such information cannot readily be segregated.
</p>
<p>(5) From subsection (e)(2) because, in some instances, the application of this provision would present a serious impediment to law enforcement for the following reasons:
</p>
<p>(i) The subject of an investigation would be placed on notice as to the existence of an investigation and would therefore be able to avoid detection or apprehension, to improperly influence witnesses, to destroy evidence, or to fabricate testimony.
</p>
<p>(ii) In certain circumstances the subject of an investigation cannot be required to provide information to investigators, and information relating to a subject’s illegal acts, violations of rules of conduct, or any other misconduct must be obtained from other sources.
</p>
<p>(iii) In any investigation it is necessary to obtain evidence from a variety of sources other than the subject of the investigation in order to verify the evidence necessary for successful litigation.
</p>
<p>(6) From subsection (e)(3) because the application of this provision would provide the subject of an investigation with substantial information which could impede or compromise the investigation. Providing such notice to a subject of an investigation could interfere with an undercover investigation by revealing its existence, and could endanger the physical safety of confidential sources, witnesses, and investigators by revealing their identities.
</p>
<p>(7) From subsection (e)(5) because the application of this provision would prevent the collection of any data not shown to be accurate, relevant, timely, and complete at the moment it is collected. In the collection of information for law enforcement purposes, it is impossible to determine in advance what information is accurate, relevant, timely, and complete. Material which may seem unrelated, irrelevant, or incomplete when collected may take on added meaning or significance as an investigation progresses. The restrictions of this provision could interfere with the preparation of a complete investigation report, and thereby impede effective law enforcement.
</p>
<p>(8) From subsection (e)(8) because the application of this provision could prematurely reveal an ongoing criminal investigation to the subject of the investigation, and could reveal investigation techniques, procedures, and/or evidence.
</p>
<p>(9) From subsection (g) to the extent that this system is exempt from the access and amendment provisions of subsection (d) pursuant to subsections (j)(2), (k)(1), and (k)(2) of the Privacy Act.
</p>
<p>(i) Consistent with the legislative purpose of the Privacy Act of 1974 (Pub. L. 93-579) the BOP has initiated a procedure whereby federal inmates in custody may gain access and review their individual prison files maintained at the institution of incarceration. Access to these files will be limited only to the extent that the disclosure of records to the inmate would jeopardize internal decision-making or policy determinations essential to the effective operation of the Bureau of Prisons; to the extent that disclosure of the records to the inmate would jeopardize privacy rights of others, or a legitimate correctional interest of security, custody, or rehabilitation; and to the extent information is furnished with a legitimate expectation of confidentiality. The Bureau of Prisons will continue to provide access to former inmates under existing regulations as is consistent with the interests listed above. Under present Bureau of Prisons regulations, inmates in federal institutions may file administrative complaints on any subject under the control of the Bureau. This would include complaints pertaining to information contained in these systems of records.
</p>
<p>(j) The following system of records is exempt pursuant to 5 U.S.C. 552a(j) and (k) from subsections (c)(3) and (4); (d); (e)(1), (2), (3), (4)(G), (H), and (I), (5), (8); (f); and (g): Inmate Central Records System (JUSTICE/BOP-005).
</p>
<p>(k) These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a (j)(2) and/or (k)(2). Where compliance would not appear to interfere with or adversely affect the law enforcement process, and/or where it may be appropriate to permit individuals to contest the accuracy of the information collected, the applicable exemption may be waived, either partially or totally, by the BOP. Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (c)(3), the requirement that an accounting be made available to the named subject of a record, because this system is exempt from the access provisions of subsection (d). Also, because making available to a record subject the accounting of disclosures from records concerning the subject individual would specifically reveal any investigative interest in the individual. Revealing this information may thus compromise ongoing law enforcement efforts, as well as efforts to identify and defuse any potential acts of terrorism. Revealing this information may also permit the subject individual to take measures to impede the investigation, such as destroying evidence, intimidating potential witnesses, or fleeing the area to avoid the investigation.
</p>
<p>(2) From subsection (c)(4) notification requirements because this system is exempt from the access and amendment provisions of subsection (d).
</p>
<p>(3) From subsections (d)(1), (2), (3), and (4), because these provisions concern individual access to and amendment of records, compliance with which could jeopardize the legitimate correctional interests of safety, security, and good order of prison facilities; alert the subject of a suspicious activity report of the fact and nature of the report and any underlying investigation and/or the investigative interest of the BOP and other law enforcement agencies; interfere with the overall law enforcement process by leading to the destruction of evidence, improper influencing of witnesses, and/or flight of the subject; possibly identify a confidential source or disclose information which would constitute an unwarranted invasion of another’s personal privacy; reveal a sensitive investigative or intelligence technique; or constitute a potential danger to the health or safety of law enforcement personnel, confidential informants, and witnesses. Although the BOP has rules in place emphasizing that records should be kept up to date, the requirement for amendment of these records would interfere with ongoing law enforcement activities and impose an impossible administrative burden by requiring investigations, analyses, and reports to be continuously reinvestigated and revised.
</p>
<p>(4) From subsection (e)(1) because it is not always possible to know in advance what information is relevant and necessary for the proper safekeeping, care, and custody of incarcerated persons, and for the proper security and safety of federal prisons and the public. In addition, to the extent that the BOP may collect information that may also be relevant to the law enforcement operations of other agencies, in the interests of overall, effective law enforcement, such information should be retained and made available to those agencies with such relevant responsibilities.
</p>
<p>(5) From subsections (e)(2) because the nature of criminal investigative and correctional activities is such that vital information about an individual can be obtained from other persons who are familiar with such individual and his/her activities. In such investigations and activities, it is not feasible to rely solely upon information furnished by the individual concerning his/her own activities since it may result in inaccurate information and compromise ongoing criminal investigations or correctional management decisions.
</p>
<p>(6) From subsections (e)(3) because in view of BOP’s operational responsibilities, the application of this provision would provide the subject of an investigation or correctional matter with significant information which may in fact impede the information gathering process or compromise ongoing criminal investigations or correctional management decisions.
</p>
<p>(7) From subsections (e)(4)(G) and (H) because this system is exempt from the access provisions of subsection (d).
</p>
<p>(8) From subsection (e)(4)(I) because publishing further details regarding categories of sources of records in the system may compromise ongoing investigations, reveal investigatory techniques and descriptions of confidential informants, or constitute a potential danger to the health or safety of law enforcement personnel.
</p>
<p>(9) From subsection (e)(5) because in the collection and maintenance of information for law enforcement purposes, it is difficult to determine in advance what information is accurate, relevant, timely, and complete. Data which may seem unrelated, irrelevant, or incomplete when collected may take on added meaning or significance during the course of an investigation or with the passage of time, and could be relevant to future law enforcement decisions. In addition, because many of these records come from courts and other state and local criminal justice agencies, it is administratively impossible for them and the BOP to ensure compliance with this provision. The restrictions of subsection (e)(5) would restrict and delay trained correctional managers from timely exercising their judgment in managing the inmate population and providing for the safety and security of the prisons and the public.
</p>
<p>(10) From subsection (e)(8), because to require individual notice of disclosure of information due to a compulsory legal process would pose an impossible administrative burden on BOP and may alert subjects of investigations, who might otherwise be unaware, to the fact of those investigations.
</p>
<p>(11) From subsection (f) to the extent that this system is exempt from the provisions of subsection (d).
</p>
<p>(12) From subsection (g) to the extent that this system is exempted from other provisions of the Act.
</p>
<p>(l) The following system of records is exempted pursuant to 5 U.S.C. 552a(j) from subsections (e)(1) and (e)(5): Bureau of Prisons Inmate Trust Fund Accounts and Commissary Record System, (Justice/BOP-006). 
</p>
<p>(m) These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j). Where compliance would not appear to interfere with or adversely affect the law enforcement process, and/or where it may be appropriate to permit individuals to contest the accuracy of the information collected, <i>e.g.</i> public source materials, or those supplied by third parties, the applicable exemption may be waived, either partially or totally, by the Bureau. Exemptions from the particular subsections are justified for the following reasons: 
</p>
<p>(1) From subsection (e)(1) to the extent that the Bureau may collect information that may be relevant to the law enforcement operations of other agencies. In the interests of overall, effective law enforcement, such information should be retained and made available to those agencies with relevant responsibilities. 
</p>
<p>(2) From subsection (e)(5) because in the collection and maintenance of information for law enforcement purposes, it is impossible to determine in advance what information is accurate, relevant, timely and complete. Data which may seem unrelated, irrelevant or incomplete when collected may take on added meaning or significance as an investigation progresses or with the passage of time, and could be relevant to future law enforcement decisions. In addition, amendment of the records may interfere with law enforcement operations and would impose an impossible administrative burden by requiring that law enforcement information be continuously reexamined, even where the information may have been collected from the record subject or other criminal justice agencies. The restrictions of subsection (e)(5) would restrict and delay trained correctional managers from timely exercising their judgment in managing the inmate population and providing for the safety and security of the prisons and the public.
</p>
<p>(n) The following system of records is exempted pursuant to 5 U.S.C. 552a(j) from subsections (e)(1) and (e)(5): Bureau of Prisons Inmate Physical and Mental Health Records System, (Justice/BOP-007). 
</p>
<p>(o) These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j). Where compliance would not appear to interfere with or adversely affect the law enforcement process, and/or where it may be appropriate to permit individuals to contest the accuracy of the information collected, <i>e.g.</i> public source materials, or those supplied by third parties, the applicable exemption may be waived, either partially or totally, by the Bureau. Exemptions from the particular subsections are justified for the following reasons: 
</p>
<p>(1) From subsection (e)(1) to the extent that the Bureau may collect information that may be relevant to the law enforcement operations of other agencies. In the interests of overall, effective law enforcement, such information should be retained and made available to those agencies with relevant responsibilities. 
</p>
<p>(2) From subsection (e)(5) because in the collection and maintenance of information for law enforcement purposes, it is impossible to determine in advance what information is accurate, relevant, timely and complete. Data which may seem unrelated, irrelevant or incomplete when collected may take on added meaning or significance during the course of an investigation or with the passage of time, and could be relevant to future law enforcement decisions. In addition, because many of these records come from sources outside the Bureau of Prisons, it is administratively impossible for them and the Bureau to ensure compliance with this provision. The restrictions of subsection (e)(5) would restrict and delay trained correctional managers from timely exercising their judgment in managing the inmate population and providing for the health care of the inmates and the safety and security of the prisons and the public.
</p>
<p>(p) The following system of records is exempt from 5 U.S.C. 552a (c)(3) and (4), (d)(1)-(4), (e)(2) and (3), (e)(5), and (g):
</p>
<p>Inmate Electronic Message Record System (JUSTICE /BOP-013).
</p>
<p>(q) These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a (j)(2) and/or (k)(2). Where compliance would not appear to interfere with or adversely affect the law enforcement process, and/or where it may be appropriate to permit individuals to contest the accuracy of the information collected, the applicable exemption may be waived, either partially or totally, by the BOP. Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (c)(3) to the extent that this system of records is exempt from subsection (d), and for such reasons as those cited for subsection (d) in paragraph (q)(3) below.
</p>
<p>(2) From subsection (c)(4) to the extent that exemption from subsection (d) makes this exemption inapplicable.
</p>
<p>(3) From the access provisions of subsection (d) because exemption from this subsection is essential to prevent access of information by record subjects that may invade third party privacy; frustrate the investigative process; jeopardize the legitimate correctional interests of safety, security and good order to prison facilities; or otherwise compromise, impede, or interfere with BOP or other law enforcement agency activities.
</p>
<p>(4) From the amendment provisions of subsection (d) because amendment of the records may interfere with law enforcement operations and would impose an impossible administrative burden by requiring that, in addition to efforts to ensure accuracy so as to withstand possible judicial scrutiny, it would require that law enforcement information be continuously reexamined, even where the information may have been collected from the record subject. Also, some of these records come from other Federal criminal justice agencies or State, local and foreign jurisdictions, or from Federal and State probation and judicial offices, and it is administratively impossible to ensure that records comply with this provision.
</p>
<p>(5) From subsection (e)(2) because the nature of criminal and other investigative activities is such that vital information about an individual can be obtained from other persons who are familiar with such individual and his/her activities. In such investigations it is not feasible to rely solely upon information furnished by the individual concerning his/her own activities since it may result in inaccurate information and compromise ongoing criminal investigations or correctional management decisions.
</p>
<p>(6) From subsection (e)(3) because in view of BOP’s operational responsibilities, application of this provision to the collection of information is inappropriate. Application of this provision could provide the subject with substantial information which may in fact impede the information gathering process or compromise ongoing criminal investigations or correctional management decisions.
</p>
<p>(7) From subsection (e)(5) because in the collection and maintenance of information for law enforcement purposes, it is impossible to determine in advance what information is accurate, relevant, timely and complete. Material which may seem unrelated, irrelevant or incomplete when collected may take on added meaning or significance at a later date or as an investigation progresses. Also, some of these records may come from other Federal, State, local and foreign law enforcement agencies, and from Federal and State probation and judicial offices and it is administratively impossible to ensure that the records comply with this provision. It would also require that law enforcement information be continuously reexamined even where the information may have been collected from the record subject.
</p>
<p>(8) From subsection (g) to the extent that this system is exempted from other provisions of the Act.
</p>
<p>[Order No. 645-76, 41 FR 12640, Mar. 26, 1976] 
</p>
<p><b>Editorial Note:</b></p>
<p>For <i>Federal Register</i> citations affecting &#167; 16.97, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at <i>www.fdsys.gov.</i>
</p><p><b>&#167; 16.98
 Exemption of the Drug Enforcement Administration (DEA) Systems--limited access.
</b></p>
<p>(a) The following systems of records are exempt from 5 U.S.C. 552a(c)(3) and (d):
</p>
<p>(1) Automated Records and Consummated Orders System/Diversion Analysis and Detection System (ARCOS/DADS) (Justice/DEA-003)
</p>
<p>(2) Controlled Substances Act Registration Records (Justice/DEA-005)
</p>
<p>(3) Registration Status/Investigatory Records (Justice/DEA-012)
</p>
<p>(b) These exemptions apply only to the extent that information in these systems is subject to exemption pursuant to 5 U.S.C. 552a(k)(2). Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (c)(3) because release of the disclosure accounting would enable the subject of an investigation to gain valuable information concerning the nature and scope of the investigation and seriously hamper the regulatory functions of the DEA.
</p>
<p>(2) From subsection (d) because access to records contained in these systems may provide the subject of an investigation information that could enable him to avoid compliance with the Drug Abuse Prevention and Control Act of 1970 (Pub. L. 91-513).
</p>
<p>(c) Systems of records identified in paragraphs (c)(1) through (6) of this section are exempted pursuant to the provisions of 5 U.S.C. 552a (j)(2) from subsections (c)(3) and (4); (d)(1), (2), (3), and (4); (e)(1), (2), (3), (5), and (8); and (g) of 5 U.S.C. 552a. In addition, systems of records identified in paragraphs (c)(1) through (5) of this section are also exempted pursuant to the provisions of 5 U.S.C. 552a(k)(1) from subsections (c)(3); (d)(1), (2), (3) and (4); and (e)(1):
</p>
<p>(1) Air Intelligence Program (Justice/DEA-001).
</p>
<p>(2) Clandestine Laboratory Seizure System (CLSS) (Justice/DEA-002).
</p>
<p>(3) Planning and Inspection Division Records (Justice/DEA-010).
</p>
<p>(4) Operation Files (Justice/DEA-011).
</p>
<p>(5) Security Files (Justice/DEA-013).
</p>
<p>(6) System to Retrieve Information from Drug Evidence (STRIDE/Ballistics) (Justice/DEA-014).
</p>
<p>(d) Exemptions apply to the following systems of records only to the extent that information in the systems is subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(1), and (k)(2): Air Intelligence Program (Justice/DEA-001); Clandestine Laboratory Seizure System (CLSS) (Justice/DEA-002); Planning and Inspection Division Records (Justice/DEA-010); and Security Files (Justice/DEA-013). Exemptions apply to the Operations Files (Justice/DEA-011) only to the extent that information in the system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2) and (k)(2). Exemptions apply to the System to Retrieve Information from Drug Evidence (STRIDE/Ballistics) (Justice/DEA-014) only to the extent that information in the system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2). Exemption from the particular subsections is justified for the following reasons:
</p>
<p>(1) From subsection (c)(3) because release of disclosure accounting would provide to the subjects of an investigation significant information concerning the nature of the investigation and thus would present the same impediments to law enforcement as those enumerated in paragraph (d)(3) regarding exemption from subsection (d).
</p>
<p>(2) From subsection (c)(4) to the extent that it is not applicable because an exemption is being claimed from subsection (d).
</p>
<p>(3) From the access provisions of subsection (d) because access to records in this system of records would present a serious impediment to law enforcement. Specifically, it could inform the record subject of an actual or potential criminal, civil, or regulatory investigation of the existence of that investigation; of the nature and scope of the information and evidence obtained as to his activities; of the identity of confidential sources, witnesses, and law enforcement personnel; and of information that may enable the subject to avoid detection or apprehension. Similarly, it may alert collateral suspects yet unprosecuted in closed cases. It could prevent the successful completion of the investigation; endanger the life, health, or physical safety of confidential sources, witnesses, and law enforcement personnel, and/or lead to the improper influencing of witnesses, the destruction of evidence, or the fabrication of testimony; or it may simply reveal a sensitive investigative technique. In addition, granting access to such information could result in the disclosure of confidential/security-sensitive or other information that would constitute an unwarranted invasion of the personal privacy of third parties. Finally, access to the records could result in the release of properly classified information which would compromise the national defense or disrupt foreign policy. From the amendment provisions of subsection (d) because amendment of the records would interfere with ongoing investigations and law enforcement activities and impose an impossible administrative burden by requiring investigations to be continuously reinvestigated.
</p>
<p>(4) From subsection (e)(1) because the application of this provision could impair investigations and interfere with the law enforcement responsibilities of the DEA for the following reasons:
</p>
<p>(i) It is not possible to detect relevance or necessity of specific information in the early stages of a civil, criminal or other law enforcement investigation, case, or matter, including investigations during which DEA may obtain properly classified information. Relevance and necessity are questions of judgment and timing, and it is only after the information is evaluated that the relevance and necessity of such information can be established.
</p>
<p>(ii) During the DEA’s investigative activities DEA may detect the violation of either drug-related or non-drug related laws. In the interests of effective law enforcement, it is necessary that DEA retain all information obtained because it can aid in establishing patterns of activity and provide valuable leads for Federal and other law enforcement agencies or otherwise assist such agencies in discharging their law enforcement responsibilities. Such information may include properly classified information, the retention of which could be in the interests of national defense and/or foreign policy.
</p>
<p>(5) From subsection (e)(2) because, in some instances, the application of this provision would present a serious impediment to law enforcement for the following reasons:
</p>
<p>(i) The subject of an investigation would be placed on notice as to the existence of an investigation and would therefore be able to avoid detection or apprehension, to improperly influence witnesses, to destroy evidence, or to fabricate testimony.
</p>
<p>(ii) In certain circumstances the subject of an investigation cannot be required to provide information to investigators, and information relating to a subject’s illegal acts must be obtained from other sources.
</p>
<p>(iii) In any investigation it is necessary to obtain evidence from a variety of sources other than the subject of the investigation in order to verify the evidence necessary for successful prosecution.
</p>
<p>(6) From subsection (e)(3) because the requirements thereof would constitute a serious impediment to law enforcement in that they could compromise the existence of an actual or potential confidential investigation and/or permit the record subject to speculate on the identity of a potential confidential source, and endanger the life, health or physical safety or either actual or potential confidential informants and witnesses, and of investigators/law enforcement personnel. In addition, the notification requirement of subsection (e)(3) could impede collection of that information from the record subject, making it necessary to collect the information solely from third party sources and thereby inhibiting law enforcement efforts.
</p>
<p>(7) From subsection (e)(5) because in the collection of information for law enforcement purposes it is impossible to determine in advance what information is accurate, relevant, timely and complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significance as further investigation brings new details to light and the accuracy of such information can only be determined in a court of law. The restrictions imposed by subsection (e)(5) would restrict the ability of trained investigators and intelligence analysts to exercise their judgment in reporting on investigations and impede the development of criminal intelligence necessary for effective law enforcement.
</p>
<p>(8) From subsection (e)(8) because the application of this provision could prematurely reveal an ongoing criminal investigation to the subject of the investigation, and could reveal investigative techniques, procedures, or evidence.
</p>
<p>(9) From subsection (g) to the extent that this system is exempt from the access and amendment provisions of subsection (d) pursuant to subsections (j)(2), (k)(1) and (k)(2) of the Privacy Act.
</p>
<p>(e) The following systems of records are exempt from 5 U.S.C. 552a (d)(1) and (e)(1):
</p>
<p>(1) Grants of Confidentiality Files (GCF) (Justice/DEA-017), and
</p>
<p>(2) DEA Applicant Investigations (Justice/DEA-018).
</p>
<p>(f) These exemptions apply only to the extent that information in these systems is subject to exception pursuant to 5 U.S.C. 552a(k)(5). Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (d)(1) because many persons are contacted who, without an assurance of anonymity, refuse to provide information concerning an applicant for a grant of confidentiality with DEA. By permitting access to information which may reveal the identity of the source of that information--after a promise of confidentiality has been given--DEA would breach the promised confidentiality. Ultimately, such breaches would restrict the free flow of information which is vital to a determination of an applicant’s qualifications for a grant.
</p>
<p>(2) From subsection (e)(1) because in the collection of information for investigative and evaluation purposes, it is impossible to determine in advance what exact information may be of assistance in determining the qualifications and suitability of a candidate. Information which may appear irrelevant, when combined with other apparently irrelevant information, can on occasion provide a composite picture of an applicant which assists in determining whether a grant of confidentiality is warranted.
</p>
<p>(g) The following system of records is exempt from 5 U.S.C. 552a (c)(3) and (4); (d)(1), (2), (3), and (4); (e)(1), (2), (3), (5), and (8); and (g): El Paso Intelligence Center (EPIC) Seizure System (ESS) (JUSTICE/DEA-022). These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a (j)(2), (k)(1), and (k)(2). Where compliance would not appear to interfere with or adversely affect the law enforcement and counter-drug purposes of this system, and the overall law enforcement process, the applicable exemption may be waived by the DEA in its sole discretion.
</p>
<p>(h) Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (c)(3) because making available to a record subject the accounting of disclosures from records concerning him/her would potentially reveal any investigative interest in the individual. Revealing this information would permit the subject of an investigation of an actual or potential criminal, civil, or regulatory violation to determine whether he is the subject of investigation, or to obtain valuable information concerning the nature of that investigation, and the information obtained, or the identity of witnesses and informants. Similarly, disclosing this information could reasonably be expected to compromise ongoing investigatory efforts by notifying the record subject that he/she is under investigation. This information could also permit the record subject to take measures to impede the investigation, e.g., destroy evidence, intimidate potential witnesses, or flee the area to avoid or impede the investigation.
</p>
<p>(2) From subsection (c)(4) because this system is exempt from the access and amendment provisions of subsection (d).
</p>
<p>(3) From subsections (d)(1), (2), (3), and (4) because these provisions concern individual access to and amendment of records contained in this system, which consists of counter-drug and criminal investigatory records. Compliance with these provisions could alert the subject of an investigation of an actual or potential criminal, civil, or regulatory violation of the existence of that investigation, of the nature and scope of the information and evidence obtained as to his activities, of the identity of witnesses and informants, or would provide information that could enable the subject to avoid detection or apprehension. These factors would present a serious impediment to effective law enforcement because they could prevent the successful completion of the investigation; endanger the physical safety of witnesses or informants; or lead to the improper influencing of witnesses, the destruction of evidence, or the fabrication of testimony.
</p>
<p>(4) From subsection (e)(1) because it is not always possible to know in advance what information is relevant and necessary to complete an identity comparison between the individual being screened and a known or suspected criminal or terrorist. Also, it may not always be known what information will be relevant to law enforcement for the purpose of conducting an operational response or on-going investigation.
</p>
<p>(5) From subsection (e)(2) because application of this provision could present a serious impediment to law enforcement and counter-drug efforts in that it would put the subject of an investigation, study or analysis on notice of that fact, thereby permitting the subject to engage in conduct designed to frustrate or impede that activity. The nature of counter-drug investigations is such that vital information about an individual frequently can be obtained only from other persons who are familiar with such individual and his/her activities. In such investigations it is not feasible to rely upon information furnished by the individual concerning his own activities.
</p>
<p>(6) From subsection (e)(3) because the requirements thereof would constitute a serious impediment to law enforcement in that they could compromise the existence of an actual or potential confidential investigation and/or permit the record subject to speculate on the identity of a potential confidential source, and endanger the life, health or physical safety of either actual or potential confidential informants and witnesses, and of investigators/law enforcement personnel. In addition, the notification requirement of subsection (e)(3) could impede collection of that information from the record subject, making it necessary to collect the information solely from third party sources and thereby inhibiting law enforcement efforts.
</p>
<p>(7) From subsection (e)(5) because many of the records in this system are derived from other domestic record systems and therefore it is not possible for the DEA and EPIC to vouch for their compliance with this provision. In addition, EPIC supports but does not conduct investigations; therefore, it must be able to collect information related to illegal drug and other criminal activities and encounters for distribution to law enforcement and intelligence agencies that do conduct counter-drug investigations. In the collection of information for law enforcement and counter-drug purposes, it is impossible to determine in advance what information is accurate, relevant, timely, and complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significance as further investigation brings new details to light. The restrictions imposed by (e)(5) would limit the ability of those agencies’ trained investigators and intelligence analysts to exercise their judgment in conducting investigations and impede the development of intelligence necessary for effective law enforcement and counterterrorism efforts. EPIC has, however, implemented internal quality assurance procedures to ensure that ESS data is as thorough, accurate, and current as possible. ESS is also exempt from the requirements of subsection (e)(5) in order to prevent the use of a challenge under subsection (e)(5) as a collateral means to obtain access to records in the ESS. ESS records are exempt from the access and amendment requirements of subsection (d) of the Privacy Act in order to protect the integrity of investigations. Exempting ESS from subsection (e)(5) serves to prevent the assertion of challenges to a record’s accuracy, timeliness, completeness, and/or relevance under subsection (e)(5) to circumvent the exemption claimed from subsection (d).
</p>
<p>(8) From subsection (e)(8) because to require individual notice of disclosure of information due to compulsory legal process would pose an impossible administrative burden on the DEA and EPIC and could alert the subjects of counter-drug, counterterrorism, law enforcement, or intelligence investigations to the fact of those investigations when not previously known. Additionally, compliance could present a serious impediment to law enforcement as this could interfere with the ability to issue warrants or subpoenas and could reveal investigative techniques, procedures, or evidence.
</p>
<p>(9) From subsection (g) to the extent that the system is exempt from other specific subsections of the Privacy Act.
</p>
<p>(i) The following system of records is exempt from 5 U.S.C. 552a (c)(3) and (4); (d)(1), (2), (3), and (4); (e)(1), (2), (3), (4)(G), (H), (I), (5), and (8); (f); (g); and (h): Investigative Reporting and Filing System (IRFS) (JUSTICE/DEA-008). These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a (j)(2), (k)(1), or (k)(2). Where compliance would not appear to interfere with or adversely affect the law enforcement or counterterrorism purposes of this system, or the overall law enforcement process, the applicable exemption may be waived by the DEA in its sole discretion.
</p>
<p>(j) Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (c)(3) because to provide a record subject with an accounting of disclosure of records in this system could impede or compromise an ongoing investigation, interfere with a law enforcement activity, lead to the disclosure of properly classified information which could compromise the national defense or disrupt foreign policy, invade the privacy of a person who provides information in connection with a particular investigation, or result in danger to an individual’s safety, including the safety of a law enforcement officer.
</p>
<p>(2) From subsection (c)(4) because this subsection is inapplicable to the extent that an exemption is being claimed for subsections (d)(1), (2), (3), and (4).
</p>
<p>(3) From subsection (d)(1) because disclosure of records in the system could alert the subject of an investigation of an actual or potential criminal, civil, or regulatory violation of the existence of that investigation, of the nature and scope of the information and evidence obtained as to his activities, of the identity of confidential witnesses and informants, or of the investigative interest of the DEA; lead to the destruction of evidence, improper influencing of witnesses, fabrication of testimony, and/or flight of the subject; reveal the details of a sensitive investigative or intelligence technique, or the identity of a confidential source; or otherwise impede, compromise, or interfere with investigative efforts and other related law enforcement and/or intelligence activities. In addition, disclosure could invade the privacy of third parties and/or endanger the life, health, and physical safety of law enforcement personnel, confidential informants, witnesses, and potential crime victims. Access to records could also result in the release of information properly classified pursuant to Executive order, thereby compromising the national defense or foreign policy.
</p>
<p>(4) From subsection (d)(2) because amendment of the records thought to be incorrect, irrelevant, or untimely would also interfere with ongoing investigations, criminal or civil law enforcement proceedings, and other law enforcement activities; would impose an impossible administrative burden by requiring investigations, analyses, and reports to be continuously reinvestigated and revised; and may impact information properly classified pursuant to Executive order.
</p>
<p>(5) From subsections (d)(3) and (4) because these subsections are inapplicable to the extent exemption is claimed from (d)(1) and (2).
</p>
<p>(6) From subsection (e)(1) because, in the course of its acquisition, collation, and analysis of information under the statutory authority granted to it, an agency may occasionally obtain information, including information properly classified pursuant to Executive order, that concerns actual or potential violations of law that are not strictly within its statutory or other authority, or may compile information in the course of an investigation which may not be relevant to a specific prosecution. It is impossible to determine in advance what information collected during an investigation will be important or crucial to the investigation and the apprehension of fugitives. In the interests of effective law enforcement, it is necessary to retain such information in this system of records because it can aid in establishing patterns of criminal activity and can provide valuable leads for federal and other law enforcement agencies. This consideration applies equally to information acquired from, or collated or analyzed for, both law enforcement agencies and agencies of the U.S. foreign intelligence community and military community.
</p>
<p>(7) From subsection (e)(2) because in a criminal investigation, prosecution, or proceeding, the requirement that information be collected to the greatest extent practicable from the subject individual would present a serious impediment to law enforcement because the subject of the investigation, prosecution, or proceeding would be placed on notice as to the existence and nature of the investigation, prosecution, and proceeding and would therefore be able to avoid detection or apprehension, to influence witnesses improperly, to destroy evidence, or to fabricate testimony. Moreover, thorough and effective investigation and prosecution may require seeking information from a number of different sources.
</p>
<p>(8) From subsection (e)(3) because the requirement that individuals supplying information be provided a form stating the requirements of subsection (e)(3) would constitute a serious impediment to criminal law enforcement in that it could compromise the existence of a confidential investigation or reveal the identity of witnesses or confidential informants and endanger their lives, health, and physical safety. The individual could seriously interfere with undercover investigative techniques and could take appropriate steps to evade the investigation or flee a specific area.
</p>
<p>(9) From subsections (e)(4)(G) and (H) because this system is exempt from the access provisions of subsection (d) pursuant to subsections (j) and (k) of the Privacy Act, and from subsection (e)(4)(I) to preclude any claims that the Department must provide more detail regarding the record sources for this system than the Department publishes in the system of records notice for this system. Exemption from providing any additional details about sources is necessary to preserve the security of sensitive law enforcement and intelligence information and to protect the privacy and safety of witnesses and informants and others who provide information to the DEA; and further, greater specificity of properly classified records could compromise national security.
</p>
<p>(10) From subsection (e)(5) because the acquisition, collation, and analysis of information for criminal law enforcement purposes from various agencies does not permit a determination in advance or a prediction of what information will be matched with other information and thus whether it is accurate, relevant, timely, and complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significance as further investigation brings new details to light and the accuracy of such information can often only be determined in a court of law. The restrictions imposed by subsection (e)(5) would restrict the ability of trained investigators, intelligence analysts, and government attorneys to exercise their judgment in collating and analyzing information and would impede the development of criminal or other intelligence necessary for effective law enforcement.
</p>
<p>(11) From subsection (e)(8) because the individual notice requirements of subsection (e)(8) could present a serious impediment to criminal law enforcement by revealing investigative techniques, procedures, evidence, or interest, and by interfering with the ability to issue warrants or subpoenas; could give persons sufficient warning to evade investigative efforts; and would pose an impossible administrative burden on the maintenance of these records and the conduct of the underlying investigations.
</p>
<p>(12) From subsections (f) and (g) because these subsections are inapplicable to the extent that the system is exempt from other specific subsections of the Privacy Act.
</p>
<p>(13) From subsection (h) when application of this provision could impede or compromise an ongoing criminal investigation, interfere with a law enforcement activity, reveal an investigatory technique or confidential source, invade the privacy of a person who provides information for an investigation, or endanger law enforcement personnel.
</p>
<p>[Order No. 88-94, 59 FR 29717, June 9, 1994, as amended by Order No. 127-97, 62 FR 2903, Jan. 21, 1997; Order No. 009-2003, 68 FR 14140, Mar. 24, 2003; 72 FR 54825, Sept. 27, 2007; CPCLO Order No. 002-2013, 78 FR 14672, Mar. 7, 2013]
</p><p><b>&#167; 16.99
 Exemption of the Immigration and Naturalization Service Systems-limited access.
</b></p>
<p>(a) The following systems of records of the Immigration and Naturalization Service are exempt from 5 U.S.C. 552a (c) (3) and (4), (d), (e) (1), (2) and (3), (e) (4)(G) and (H), (e) (5) and (8), and (g):
</p>
<p>(1) The Immigration and Naturalization Service Alien File (A-File) and Central Index System (CIS), JUSTICE/INS-001A.
</p>
<p>(2) The Immigration and Naturalization Service Index System, JUSTICE/INS-001 which consists of the following subsystems:
</p>
<p>(i) Agency Information Control Record Index.
</p>
<p>(ii) Alien Enemy Index.
</p>
<p>(iii) Congressional Mail Unit Index.
</p>
<p>(iv) Air Detail Office Index.
</p>
<p>(v) Anti-smuggling Index (general).
</p>
<p>(vi) Anti-smuggling Information Centers Systems for Canadian and Mexican Borders.
</p>
<p>(vii) Border Patrol Sectors General Index System.
</p>
<p>(viii) Contact Index.
</p>
<p>(ix) Criminal, Narcotic, Racketeer and Subversive Indexes.
</p>
<p>(x) Enforcement Correspondence Control Index System.
</p>
<p>(xi) Document Vendors and Alterers Index.
</p>
<p>(xii) Informant Index.
</p>
<p>(xiii) Suspect Third Party Index.
</p>
<p>(xiv) Examination Correspondence Control Index.
</p>
<p>(xv) Extension Training Enrollee Index.
</p>
<p>(xvi) Intelligence Index.
</p>
<p>(xvii) Naturalization and Citizenship Indexes.
</p>
<p>(xviii) Personnel Investigations Unit Indexes.
</p>
<p>(xix) Service Look-Out Subsystem.
</p>
<p>(xx) White House and Attorney General Correspondence Control Index.
</p>
<p>(xxi) Fraudulent Document Center Index.
</p>
<p>(xxii) Emergency Reassignment Index.
</p>
<p>(xxiii) Alien Documentation, Identification, and Telecommunication (ADIT) System.
</p>
<p>The exemptions apply to the extent that information in these subsystems is subject to exemption pursuant to 5 U.S.C. 552a (j)(2) and (k)(2).
</p>
<p>(3) The Immigration and Naturalization Service "National Automated Immigration Lookout System (NAILS) JUSTICE/INS-032." The exemptions apply only to the extent that records in the system are subject to exemptions pursuant to 5 U.S.C. 552a(j)(2) and (k)(2).
</p>
<p>(b) Exemptions from the particular subsections are justified for the following reasons: 
</p>
<p>(1) From subsection (c)(3) because the release of the disclosure accounting for disclosure pursuant to the routine uses published for these subsystems would permit the subject of a criminal or civil investigation to obtain valuable information concerning the nature of that investigation and present a serious impediment to law enforcement. 
</p>
<p>(2) From subsection (c)(4) since an exemption is being claimed for subsection (d), this subsection will not be applicable. 
</p>
<p>(3) From subsection (d) because access to the records contained in these subsystems would inform the subject of a criminal or civil investigation of the existence of that investigation, provide the subject of the investigation with information that might enable him to avoid detection or apprehension, and present a serious impediment to law enforcement. 
</p>
<p>(4) From subsection (e)(1) because in the course of criminal or civil investigations, the Immigration and Naturalization Service often obtains information concerning the violation of laws other than those relating to violations over which INS has investigative jurisdiction. In the interests of effective law enforcement, it is necessary that INS retain this information since it can aid in establishing patterns of criminal activity and provide valuable leads for those law enforcement agencies that are charged with enforcing other segments of the criminal law. 
</p>
<p>(5) From subsection (e)(2) because in a criminal or civil investigation, the requirement that information be collected to the greatest extent possible from the subject individual would present a serious impediment to law enforcement in that the subject of the investigation would be placed on notice of the existence of the investigation and would therefore be able to avoid detection or apprehension. 
</p>
<p>(6) From subsection (e)(3) because the requirement that individuals supplying information be provided with a form stating the requirements of subsection (e)(3) would constitute a serious impediment to law enforcement in that it could compromise the existence of a confidential investigation, reveal the identity of confidential sources of information and endanger the life or physical safety of confidential informants. 
</p>
<p>(7) From subsections (e)(4) (G) and (H) because these subsystems of records are exempt from individual access pursuant to subsection (j) of the Privacy Act of 1974. 
</p>
<p>(8) From subsection (e)(5) because in the collection of information for law enforcement purposes it is impossible to determine in advance what information is accurate, relevant, timely, and complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significance as further investigation brings new details to light and the accuracy of such information can only be determined in a court of law. The restrictions of subsection (e)(5) would restrict the ability of trained investigators and intelligence analysts to exercise their judgment in reporting on investigations and impede the development of criminal intelligence necessary for effective law enforcement. 
</p>
<p>(9) From subsection (e)(8) because the individual notice requirements of subsection (e)(8) could present a serious impediment to law enforcement as this could interfere with the Immigration and Naturalization Service’s ability to issue administrative subpoenas and could reveal investigative techniques and procedures. 
</p>
<p>(10) From subsection (g) because these subsystems of records are compiled for law enforcement purposes and have been exempted from the access provisions of subsections (d) and (f). 
</p>
<p>(11) In addition, these systems of records are exempt from subsections (c)(3), (d), (e)(1), (e)(4) (G) and (H) to the extent they are subject to exemption pursuant to 5 U.S.C. 552a(k)(1). To permit access to records classified pursuant to Executive Order would violate the Executive Order protecting classified information.
</p>
<p>(c) The Border Patrol Academy Index Subsystem is exempt from 5 U.S.C. 552a (d) and (f). 
</p>
<p>This exemption applies only to the extent that information in this subsystem is subject to exemption pursuant to 5 U.S.C. 552a(k). 
</p>
<p>(d) Exemptions for the particular subsections are justified for the following reasons. 
</p>
<p>(1) From subsection (d) because exemption is claimed only for those testing and examination materials used to determine an individual’s qualifications for retention and promotion in the Immigration and Naturalization Service. This is necessary to protect the integrity of testing materials and to insure fair and uniform examinations. 
</p>
<p>(2) From subsection (f) because the subsystem of records has been exempted from the access provisions of subsection (d). 
</p>
<p>(e) The Orphan Petitioner Index and Files (Justice/INS-007) system of records is exempt from 5 U.S.C. 552a(d). This exemption applies only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(k)(1).
</p>
<p>(f) Exemption from paragraph (d) of this section is claimed solely because of the possibility of receipt of classified information during the course of INS investigation of prospective adoptive parents.
</p>
<p>Although it would be rare, prospective adoptive parents may originally be from foreign countries (for example) and information received on them from their native countries may require classification under Executive Order 12356 which safeguards national security information. If such information is relevant to the INS determination with respect to adoption, the information would be kept in the file and would be classified accordingly. Therefore, access could not be granted to the record subject under the Privacy Act without violating E.O. 12356.
</p>
<p>(g) The Office of Internal Audit Investigations Index and Records (Justice/INS-002) system of records is exempt under the provisions of 5 U.S.C. 552a(j)(2) from subsections (c)(3) and (4); (d); (e)(1), (2), (3), (5) and (8); and (g), but only to the extent that this system contains records within the scope of subsection (j)(2), and to the extent that records in the system are subject to exemption therefrom. In addition, this system of records is also exempt under the provisions of 5 U.S.C. 552a(k)(2) from subsections (c)(3); (d); and (e)(1), but only to the extent that this system contains records within the scope of subsection (k)(2), and to the extent that records in the system are subject to exemption therefrom.
</p>
<p>(h) The following justification apply to the exemptions from particular subsections: 
</p>
<p>(1) From subsection (c)(3) because the release of the disclosure accounting for disclosure could permit the subject of an actual or potential criminal or civil investigation to obtain valuable information concerning the existence and nature of the investigation, the fact that individuals are subjects of the investigation, and present a serious impediment to law enforcement.
</p>
<p>(2) From subsection (c)(4) to the extent that the exemption from subsection (d) is applicable. Subsection (c)(4) will not be applicable to the extent that records in the system are properly withholdable under subsection (d).
</p>
<p>(3) From the access and amendment provisions of subsection (d) because access to the records contained in this system of records could inform the subject of a criminal or civil investigation of the existence of that investigation; of the nature and scope of the information and evidence obtained as to their activities; of the identity of confidential sources, witnesses and law enforcement personnel; and of information that may enable the subject to avoid detection or apprehension. Such disclosures would present a serious impediment to effective law enforcement where they prevent the successful completion of the investigation; endanger the physical safety of confidential sources, witnesses, and law enforcement personnel; and/or lead to the improper influencing of witnesses, the destruction of evidence, or the fabrication of testimony. In addition, granting access to these records could result in a disclosure that would constitute an unwarranted invasion of the privacy of third parties. Amendment of the records would interfere with ongoing investigations and law enforcement activities and impose an impossible administrative burden by requiring investigations to be continuously reinvestigated.
</p>
<p>(4) From subsection (e)(1) because in the course of criminal or civil investigations, the Immigration and Naturalization Service often obtains information concerning the violation of laws other than those relating to violations over which INS has investigative jurisdiction, in the interests of effective law enforcement, it is necessary that INS retain this information since it can aid in establishing patterns of criminal activity and provide valuable leads for those law enforcement agencies that are charged with enforcing other segments of the criminal law.
</p>
<p>(5) From subsection (e)(2) because in a criminal investigation, the requirement that information be collected to the greatest extent possible from the subject individual would present a serious impediment to law enforcement in that the subject of the investigation would be placed on notice of the existence of the investigation and would therefore be able to avoid detection or apprehension.
</p>
<p>(6) From subsection (e)(3) because the requirement that individuals supplying information be provided with a form stating the requirements of subsection (e)(3) would constitute a serious impediment of criminal law enforcement in that it could compromise the existence of a confidential investigation, reveal the identify of confidential sources of information and endanger the life or physical safety of confidential informants.
</p>
<p>(7) From subsection (e)(5) because in the collection of information for criminal law enforcement purposes it is impossible to determine in advance what information is accurate, relevant, timely, and complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significance as further investigation brings new details to light and the accuracy of such information can only be determined in a court of law. The restrictions of subsection (e)(5) would restrict the ability of trained investigators and intelligence analysts to exercise their judgment in reporting on investigations and impede the development of criminal intelligence necessary for effective law enforcement.
</p>
<p>(8) From subsection (e)(8) because the individual notice requirements of subsection (e)(8) could present a serious impediment to criminal law enforcement as this could interfere with the Immigration and Naturalization Service’s ability to issue administrative subpoenas and could reveal investigative techniques and procedures.
</p>
<p>(9) From subsection (g) for those portions of this system of records that were compiled for criminal law enforcement purposes and which are subject to exemption from the access provisions of subsections (d) pursuant to subsection (j)(2).
</p>
<p>(i) The Law Enforcement Support Center Database (LESC) (Justice/INS-023) system of records is exempt under the provisions of 5 U.S.C. 552a(j)(2) from subsections (c) (3) and (4); (d); (e) (1), (2), (3), (5), (8) and (g); but only to the extent that this system contains records within the scope of subsection (j)(2), and to the extent that records in the system are subject to exemption therefrom. In addition, this system of records is also exempt in part under the provisions of 5 U.S.C. 552a(k)(2) from subsections (c)(3); (d); and (e)(1), but only to the extent that this system contains records within the scope of subsection (k)(2), and to the extent that records in the system are subject to exemption therefrom.
</p>
<p>(j) The following justifications apply to the exemptions from particular subsections:
</p>
<p>(1) From subsection (c)(3) for reasons stated in paragraph (h)(1) of this section.
</p>
<p>(2) From subsection (c)(4) for reasons stated in paragraph (h)(2) of this section.
</p>
<p>(3) From the access and amendment provisions of subsection (d) because access to the records contained in this system of records could inform the subject of a criminal or civil investigation of the existence of that investigation; of the nature and scope of the information and evidence obtained as to their activities; and of information that may enable the subject to avoid detection or apprehension. Such disclosures would present a serious impediment to effective law enforcement where they prevent the successful completion of the investigation or other law enforcement operation such as deportation or exclusion. In addition, granting access to these records could result in a disclosure that would constitute an unwarranted invasion of the privacy of third parties. Amendment of the records would interfere with ongoing investigations and law enforcement activities and impose an impossible administrative burden by requiring investigations to be continuously reinvestigated.
</p>
<p>(4) From subsection (e)(1) for reasons stated in paragraph (h)(4) of this section.
</p>
<p>(5) From subsection (e)(2) for reasons stated in paragraph (h)(5) of this section.
</p>
<p>(6) From subsection (e)(3) because the requirement that individuals supplying information be provided with a form stating the requirements of subsection (e)(3) would constitute a serious impediment to criminal law enforcement in that it could compromise the existence of a confidential investigation.
</p>
<p>(7) From subsection (e)(5) for reasons stated in paragraph (h)(7) of this section.
</p>
<p>(8) From subsection (e)(8) for reasons stated in paragraph (h)(8) of this section.
</p>
<p>(9) From subsection (g) to the extent that this system is exempt from the access and amendment provisions of subsection (d).
</p>
<p>(k) The Attorney/Representative Complaint/Petition File (JUSTICE/INS-022) system of records is exempt under the provisions of 5 U.S.C. 552a (j)(2) from subsections (c)(3) and (4); (d); (e)(1), (2), (3), (5), and (8); and (g); but only to the extent that this system contains records within the scope of subsection (j)(2), and to the extent that records in this system are subject to exemption therefrom. In addition, this system of records is also exempt in part under the provisions of 5 U.S.C. 552a (k)(2) from subsections (c)(3); (d); and (e)(1), but only to the extent that this system contains records within the scope of subsection (k)(2), and to the extent that records in this system are subject to exemption therefrom.
</p>
<p>(l) The following justifications apply to the exemptions from particular subsections:
</p>
<p>(1) From subsection (c)(3) for reasons stated in paragraph (h)(1) of this section.
</p>
<p>(2) From subsection (c)(4) for reasons stated in paragraph (h)(2) of this section.
</p>
<p>(3) From the access and amendment provisions of subsection (d) for reasons stated in paragraph (h)(3) of this section.
</p>
<p>(4) From subsection (e)(1) for reasons stated in paragraph (h)(4) of this section.
</p>
<p>(5) From subsection (e)(2) for reasons stated in paragraph (h)(5) of this section.
</p>
<p>(6) From subsection (e)(3) for reasons stated in paragraph (h)(6) of this section.
</p>
<p>(7) From subsection (e)(5) for reasons stated in paragraph (h)(7) of this section.
</p>
<p>(8) From subsection (e)(8) for reasons stated in paragraph (h)(8) of this section.
</p>
<p>(9) From subsection (g) to the extent that the system is exempt from the access and amendment provisions of subsection (d).
</p>
<p>(m) The Worksite Enforcement Activity and Records Index (LYNX) (JUSTICE/INS-025) system of records is exempt under the provisions of 5 U.S.C. 552a (j)(2) from subsections (c)(3) and (4); (d); (e)(1), (2), (3), (5), and (8); and (g); but only to the extent that this system contains records within the scope of subsection (j)(2), and to the extent that records in this system are subject to exemption therefrom. In addition, this system of records is also exempt in part under the provisions of 5 U.S.C. 552a(k)(2) from subsections (c)(3); (d); and (e)(1), but only to the extent that this system contains records within the scope of subsection (k)(2), and to the extent that records in this system are subject to exemption therefrom.
</p>
<p>(n) The following justifications apply to the exemptions from particular subsections:
</p>
<p>(1) From subsection (c)(3) for reasons started in paragraph (h)(1) of this section.
</p>
<p>(2) From subsection (c)(4) for reasons stated in paragraph (h)(2) of this section.
</p>
<p>(3) From the access and amendment provisions of subsection (d) for reasons stated in paragraph (h)(3) of this section.
</p>
<p>(4) From subsection (e)(1) for reasons stated in paragraph (h)(4) of this section.
</p>
<p>(5) From subsection (e)(2) for reasons stated in paragraph (h)(5) of this section.
</p>
<p>(6) From subsection (e)(3) for reasons stated in paragraph (h)(6) of this section.
</p>
<p>(7) From subsection (e)(5) for reasons stated in paragraph (h)(7) of this section.
</p>
<p>(8) From subsection (e)(8) for reasons stated in paragraph (h)(8) of this section.
</p>
<p>(9) From subsection (g) to the extent that the system is exempt from the access and amendment provisions of subsection (d).
</p>
<p>[Order No. 645-76, 41 FR 12640, Mar. 26, 1976, as amended by Order No. 688-77, 42 FR 10001, Feb. 18, 1977; Order No. 6-84, 49 FR 20812, May 17, 1984; Order No. 25-88, 53 FR 41161, Oct. 20, 1988; Order No. 137-97, 62 FR 34169, June 25, 1997; Order No. 142-97, 62 FR 44083, Aug. 19, 1997; Order No. 196-2000, 65 FR 21139, Apr. 20, 2000; Order No. 197-2000, 65 FR 21140, Apr. 20, 2000]
</p><p><b>&#167; 16.100
 Exemption of Office of Justice Programs--limited access.
</b></p>
<p>(a) The following system of records is exempt from 5 U.S.C. 552a(d):
</p>
<p>(1) The Civil Rights Investigative System (JUSTICE/OJP-008).
</p>
<p>This exemption applies only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(k)(2). 
</p>
<p>(b) Exemption from subsection (d) is claimed since access to information in the Civil Rights Investigative System prior to final administrative resolution will deter conciliation and compliance efforts. Consistent with the legislative purpose of the Privacy Act of 1974, decisions to release information from the system will be made on a case-by-case basis and information will be made available where it does not compromise the complaint and compliance process. In addition, where explicit promises of confidentiality must be made to a source during an investigation, disclosure will be limited to the extent that the identity of such confidential sources will not be compromised. 
</p>
<p>[Order No. 645-76, 41 FR 12640, Mar. 26, 1976, as amended by Order No. 5-78, 43 FR 36439, Aug. 17, 1978; Order No. 43-80, 45 FR 6780, Jan. 30, 1980; Order No. 6-86, 51 FR 15479, Apr. 24, 1986; Order No. 6-236-2001, 66 FR 35374, July 5, 2001] 
</p><p><b>&#167; 16.101
 Exemption of U.S. Marshals Service Systems--limited access, as indicated. 
</b></p>
<p>(a) The following system of records is exempt from 5 U.S.C. 552(a)(c) (3) and (4), (d), (e) (1), (2) and (3), (e)(4) (G) and (H), (e)(5), (e)(8), (f) and (g):
</p>
<p>(1) Warrant Information System (JUSTICE/USM-007).
</p>
<p>These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2).
</p>
<p>(b) Exemptions from the particular subsections are justified for the following reasons: 
</p>
<p>(1) From subsection (c)(3) because the release of disclosure accounting for disclosure made pursuant to subsection (b) of the Act, including those permitted under routine uses published for this system of records would permit a person to determine whether he is the subject of a criminal investigation, and to determine whether a warrant has been issued against him, and therefore present a serious impediment to law enforcement. 
</p>
<p>(2) From subsection (c)(4) since an exemption is being claimed for subsection (d) of the Act, this section is inapplicable. 
</p>
<p>(3) From subsection (d) because access to records would inform a person for whom a federal warrant has been issued of the nature and scope of information obtained as to his activities, of the identity of informants, and afford the person sufficient information to enable the subject to avoid apprehension. These factors would present a serious impediment to law enforcement in that they would thwart the warrant process and endanger lives of informants etc. 
</p>
<p>(4) From subsections (e)(1) and (e)(5) because the requirements of these subsections would present a serious impediment to law enforcement in that it is impossible to determine in advance what information collected during an investigation will be important or crucial to the apprehension of Federal fugitives. In the interest of effective law enforcement, it is appropriate in a thorough investigation to retain seemingly irrelevant, untimely, or inaccurate information which, with the passage of time, would aid in establishing patterns of activity and provide investigative leads toward fugitive apprehension and assist in law enforcement activities of other agencies.
</p>
<p>(5) From subsection (e)(2) because the requirement that information be collected to the greatest extent practical from the subject individual would present a serious impediment to law enforcement because the subject of the investigation or prosecution would be placed on notice as to the existence of the warrant and would therefore be able to avoid detection or apprehension.
</p>
<p>(6) From subsection (e)(3) because the requirement that individuals supplying information be provided with a form stating the requirements of subsection (e)(3) would constitute a serious impediment to law enforcement in that it could compromise the existence of a confidential investigation or reveal identity of confidential informants. 
</p>
<p>(7) From subsections (e)(4) (G) and (H) since an exemption is being claimed for subsections (f) and (d) of the Act, these subsections are inapplicable. 
</p>
<p>(8) From subsection (e)(8) because the individual notice requirement of this subsection would present a serious impediment to law enforcement in that it would give persons sufficient warning to avoid warrants, subpoena, etc. 
</p>
<p>(9) From subsection (f) because procedures for notice to an individual pursuant to subsection (f)(1) as to existence of records pertaining to him dealing with warrants must be exempted because such notice to individuals would be detrimental to the successful service of a warrant. Since an exemption is being claimed for subsection (d) of the Act the rules required pursuant to subsections (f) (2) through (5) are inapplicable to this system of records. 
</p>
<p>(10) From subsection (g) since an exemption is being claimed for subsection (d) and (f) this section is inapplicable and is exempted for the reasons set forth for these subsections. 
</p>
<p>(c) The following system of records is exempt from 5 U.S.C. 552a (c) (3) and (4), (d), (e) (2) and (3), (e)(4) (G) and (H), (e)(8), (f)(2) and (g): 
</p>
<p>(1) Witness Security System (JUSTICE/USM-008).
</p>
<p>These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2). 
</p>
<p>(d) Exemptions from the particular subsections are justified for the following reasons: 
</p>
<p>(1) From subsection (c)(3) because the release of the disclosure accounting for disclosures made pursuant to subsection (b) of the Act including those permitted under routine uses published for this system of records would hamper the effective functioning of the Witness Security Program which by its very nature requires strict confidentiality vis-a-vis the records. 
</p>
<p>(2) From subsection (c)(4) for the reason stated in (b)(2) of this section. 
</p>
<p>(3) From subsection (d) because the U.S. Marshals Service Witness Security Program aids efforts of law enforcement officials to prevent, control or reduce crime. Access to records would present a serious impediment to effective law enforcement through revelation of confidential sources and through disclosure of operating procedures of the program, and through increased exposure of the program to the public. 
</p>
<p>(4) From subsection (e)(2) because in the Witness Security Program the requirement that information be collected to the greatest extent possible from the subject individual would constitute an impediment to the program, which is sometimes dependent on sources other than the subject witness for verification of information pertaining to the witness. 
</p>
<p>(5) From subsection (e)(3) for the reason stated in (b)(6) of this section.
</p>
<p>(6) From subsection (e)(4) (G) and (H) for the reason stated in (b)(7) of this section.
</p>
<p>(7) From subsection (e)(8) for the reason stated in (b)(8) of this section.
</p>
<p>(8) From subsection (f)(2) since an exemption is being claimed for subsection (d) of the Act the rules required pursuant to subsection (f) (2) through (5) are inapplicable to this system of records. 
</p>
<p>(9) From subsection (g) for the reason stated in (b)(10) of this section.
</p>
<p>(e) The following system of records is exempt from 5 U.S.C. 552a(c)(3) and (4), (d), (e)(1), (2) and (3), (e)(4)(G) and (H), (e)(5), (e)(8), (f) and (g).
</p>
<p>(1) Internal Affairs System (JUSTICE/USM-002)--Limited access. These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(2) or (k)(5). Where compliance would not interfere with or adversely affect the law enforcement process, the USMS may waive the exemptions, either partially or totally.
</p>
<p>(f) Exemptions from the particular subsections are justified for the following reasons: 
</p>
<p>(1) From subsections (c)(3) and (d) to the extent that release of the disclosure accounting may impede or interfere with civil or criminal law enforcement efforts, reveal a source who furnished information to the Government in confidence, and/or result in an unwarranted invasion of the personal privacy of collateral record subjects or other third party individuals.
</p>
<p>(2) From subsection (c)(4) for the reason stated in (b)(2) of this section.
</p>
<p>(3) From subsection (e)(1) to the extent that it is necessary to retain all information in order not to impede, compromise, or interfere with civil or criminal law enforcement efforts, e.g., where the significance of the information may not be readily determined and/or where such information may provide leads or assistance to Federal and other law agencies in discharging their law enforcement responsibilities.
</p>
<p>(4) From subsection (e)(2) because the requirement that information be collected to the greatest extent practicable from the subject individual would present a serious impediment to law enforcement because the subject of the investigation or prosecution would be placed on notice as to the existence of the investigation and would therefore be able to compromise the investigation and avoid detection or apprehension.
</p>
<p>(5) From subsection (e)(3) for the reason stated in (b)(6) of this section.
</p>
<p>(6) From subsections (e)(4) (G) and (H) for the reason stated in (b)(7) of this section.
</p>
<p>(7) From subsection (e)(5) because in the collection of information for law enforcement purposes it is impossible to determine in advance what information is accurate, relevant, timely and complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significance and the accuracy of such information can only be determined in a court of law. The restrictions imposed by subsection (e)(5) would restrict the ability to collect information for law enforcement purposes and interfere with the preparation of a complete investigative report or otherwise impede effective law enforcement.
</p>
<p>(8) From subsection (e)(8) because the individual notice requirement of this subsection would present a serious impediment to law enforcement in that the subject of the investigation would be alerted as to the existence of the investigation and therefore be able to compromise the investigation and avoid detection, subpoena, etc.
</p>
<p>(9) From subsection (f) because procedures for notice to an individual pursuant to subsection (f)(1) as to the existence of records dealing with investigations of criminal or civil law violations would enable the individual to compromise the investigation and evade detection or apprehension. Since an exemption is being claimed for subsection (d) of the Act, the rules required pursuant to subsections (f)(2) through (f)(5) are not applicable to this system. 
</p>
<p>(10) From subsection (g) for the reason stated in (b)(10) of this section.
</p>
<p>(g) The following system of records is exempt from 5 U.S.C. 552a(c) (3) and (4), (d), (e)(1), (2) and (3), (e)(4) (G) and (H), (e)(5), (e)(8), (f) and (g):
</p>
<p>(1) U.S. Marshals Service Threat Analysis Information System (JUSTICE/USM-009).
</p>
<p>These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2). 
</p>
<p>(h) Exemptions from the particular subsections are justified for the following reasons: 
</p>
<p>(1) From subsection (c)(3) because to release the disclosure accounting would permit a person to determine whether he or she has been identified as a specific threat to USMS protectees and to determine the need for countermeasures to USMS protective activities and thereby present a serious impediment to law enforcement. 
</p>
<p>(2) From subsection (c)(4) because it is inapplicable since an exemption is being claimed for subsection (d).
</p>
<p>(3) From subsection (d) because to permit access to records would inform a person of the nature and scope of information obtained as to his or her threat-related activities and of the identity of confidential sources, and afford the person sufficient information to develop countermeasures to thwart protective arrangements and endanger lives of USMS protectees, informants, etc. To permit amendment of the records would interfere with ongoing criminal law enforcement and impose an impossible administrative burden requiring criminal investigations to be continuously reinvestigated.
</p>
<p>(4) From subsections (e) (1) and (5) because the collection of investigatory information used to assess the existence, extent and likelihood of a threat situation necessarily includes material from which it is impossible to identify and segregate information which may not be important to the conduct of a thorough assessment. It is often impossible to determine in advance if all information collected is accurate, relevant, timely and complete but, in the interests of developing effective protective measures, it is necessary that the U.S. Marshals Service retain this information in order to establish patterns of activity to aid in accurately assessing threat situations. The restrictions of subsections (e) (1) and (5) would impede the protective responsibilities of the Service and could result in death or serious injury to Marshals Service protectees.
</p>
<p>(5) From subsection (e)(2) because to collect information from the subject individual would serve notice that he or she is identified as a specific threat to USMS protectees and would enable the subject individual to develop countermeasures to protective activities and thereby present a serious impediment to law enforcement.
</p>
<p>(6) From subsection (e)(3) because to inform individuals as required by this subsection would enable the subject individual to develop countermeasures to USMS protective arrangements or identify confidential sources and thereby present a serious impediment to law enforcement.
</p>
<p>(7) From subsections (e)(4) (G) and (H) because they are inapplicable since an exemption is being claimed for subsections (d) and (f) of the Act.
</p>
<p>(8) From subsection (e)(8) because to serve notice would give persons sufficient warning to develop countermeasures to protective arrangements and thereby present a serious impediment to law enforcement through compromise of protective procedures, etc.
</p>
<p>(9) From subsection (f) because this system of records is exempt from the provisions of subsection (d).
</p>
<p>(10) From subsection (g) because it is inapplicable since an exemption is being claimed for subsections (d) and (f).
</p>
<p>(i) The following system of records is exempt from 5 U.S.C. 552a(c) (3) and (d):
</p>
<p>(1) Judicial Facility Security Index System (JUSTICE/USM-010)
</p>
<p>These exemptions apply only to the extent that information in this system is exempt pursuant to 5 U.S.C. 552a(k)(5).
</p>
<p>(j) Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (c)(3) only to the extent that release of the disclosure accounting would reveal the identity of a confidential source.
</p>
<p>(2) From subsection (d) only to the extent that access to information would reveal the identity of a confidential source.
</p>
<p>(k) The following system of records is exempt from 5 U.S.C. 552a(c) (3) and (4), (d), (e)(1), (2) and (3), (e)(4) (G) and (H), (e)(5), (e)(8), (f) and (g):
</p>
<p>(1) U.S. Marshals Service Freedom of Information/Privacy Act (FOIA/PA) Files (JUSTICE/USM-012).
</p>
<p>These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a (j)(2), (k)(2) and (k)(5).
</p>
<p>(l) Because this system contains Department of Justice civil and criminal law enforcement, investigatory records, exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (c)(3) because to release the disclosure accounting would permit the subject of an investigation to obtain valuable information concerning the existence and nature of the investigation and present a serious impediment to law enforcement.
</p>
<p>(2) From subsection (c)(4) because that portion of this system which consists of investigatory records compiled for law enforcement purposes is being exempted from the provisions of subsection (d), rendering this provision not applicable.
</p>
<p>(3) From subsection (d) because to permit access to investigatory records would reveal the identity of confidential sources and impede ongoing investigative or law enforcement activities by the premature disclosure of information related to those efforts. To permit amendment of the records would interfere with ongoing criminal law enforcement and impose an impossible administrative burden by requiring criminal investigations to be continuously reinvestigated.
</p>
<p>(4) From subsections (e) (1) and (5) because it is often impossible to determine in advance if investigatory records contained in this system are accurate, relevant, timely and complete but, in the interests of effective law enforcement, it is necessary to retain this information to aid in establishing patterns of activity and provide leads in criminal investigations.
</p>
<p>(5) From subsection (e)(2) because to collect information from the subject individual would serve notice that he or she is the subject of criminal investigative or law enforcement activity and thereby present a serious impediment to law enforcement.
</p>
<p>(6) From subsection (e)(3) because to inform individuals as required by this subsection would enable the subject individual to identify confidential sources, reveal the existence of an investigation, and compromise law enforcement efforts.
</p>
<p>(7) From subsections (e)(4) (G) and (H) because they are inapplicable since an exemption is being claimed for subsections (d) and (f) for investigatory records contained in this system.
</p>
<p>(8) From subsection (e)(8) because to serve notice would give persons sufficient warning to evade law enforcement efforts.
</p>
<p>(9) From subsection (f) because investigatory records contained in this system are exempt from the provisions of subsection (d).
</p>
<p>(10) From subsection (g) because it is inapplicable since an exemption is being claimed for subsections (d) and (f).
</p>
<p>(m) The following system of records is exempt from 5 U.S.C. 552a(c) (3) and (4), (d), (e) (2) and (3), (e)(4) (G) and (H), (e)(8), (f) and (g):
</p>
<p>(1) U.S. Marshals Service Administrative Proceedings, Claims and Civil Litigation Files (JUSTICE/USM-013).
</p>
<p>These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2) or (k)(5).
</p>
<p>(n) Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (c)(3) because to release the disclosure accounting for disclosures pursuant to the routine uses published for this system would permit the subject of a criminal or civil case or matter under investigation, or a case or matter in litigation, or under regulatory or administrative review or action, to obtain valuable information concerning the nature of that investigation, case or matter, and present a serious impediment to law enforcement or civil legal activities, or reveal a confidential source.
</p>
<p>(2) From subsection (c)(4) because the exemption claimed for subsection (d) will make this section inapplicable.
</p>
<p>(3) From subsection (d) because to permit access to records contained in this system would provide information concerning litigation strategy, or case development, and/or reveal the nature of the criminal or civil case or matter under investigation or administrative review, or in litigation, and present a serious impediment to law enforcement or civil legal activities, or reveal a confidential source. 
</p>
<p>(4) From subsection (e)(2) because effective legal representation, defense, or claim adjudication necessitates collecting information from all individuals having knowledge of the criminal or civil case or matter. To collect information primarily from the subject individual would present a serious impediment to law enforcement or civil legal activities. 
</p>
<p>(5) From subsection (e)(3) because to inform the individuals as required by this subsection would permit the subject of a criminal or civil matter under investigation or administrative review to compromise that investigation or administrative review and thereby impede law enforcement efforts or civil legal activities.
</p>
<p>(6) From subsections (e)(4) (G) and (H) because these provisions are inapplicable since this system is exempt from subsections (d) and (f) of the Act.
</p>
<p>(7) From subsection (e)(8) because to serve notice would give persons sufficient warning to compromise a criminal or civil investigation or administrative review and thereby impede law enforcement of civil legal activities.
</p>
<p>(8) From subsection (f) because this system of records is exempt from the provisions of subsection (d).
</p>
<p>(9) From subsection (g) because it is inapplicable since an exemption is claimed for subsections (d) and (f). 
</p>
<p>(o) The following system of records is exempt from 5 U.S.C. 552a(c) (3) and (4), (d), (e) (1), (2), (5) and (g):
</p>
<p>(1) U.S. Marshals Service Prisoner Transportation System (JUSTICE/USM-003).
</p>
<p>These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2).
</p>
<p>(p) Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (c)(3) where the release of the disclosure accounting for disclosures made pursuant to subsection (b) of the Act would reveal a source who furnished information to the Government in confidence.
</p>
<p>(2) From subsection (c)(4) to the extent that the system is exempt from subsection (d).
</p>
<p>(3) From subsection (d) because access to records would reveal the names and other information pertaining to prisoners, including sensitive security information such as the identities and locations of confidential sources, <i>e.g.,</i> informants and protected witnesses; and disclose access codes, data entry codes and message routing symbols used in law enforcement communications systems to schedule and effect prisoner movements. Thus, such a compromise of law enforcement communications systems would subject law enforcement personnel and other prisoners to harassment and possible danger, and present a serious threat to law enforcement activities. To permit amendment of the records would interfere with ongoing criminal law enforcement and impose an impossible administrative burden by requiring that information affecting the prisoner’s security classification be continuously reinvestigated when contested by the prisoner, or by anyone on his behalf.
</p>
<p>(4) From subsections (e) (1) and (5) because the security classification of prisoners is based upon information collected during official criminal investigations; and, in the interest of ensuring safe and secure prisoner movements it may be necessary to retain information the relevance, necessity, accuracy, timeliness, and completeness of which cannot be readily established, but which may subsequently prove useful in establishing patterns of criminal activity or avoidance, and thus be essential to assigning an appropriate security classification to the prisoner. The restrictions of subsection (e) (1) and (5) would impede the information collection responsibilities of the USMS, and the lack of all available information could result in death or serious injury to USMS and other law enforcement personnel, prisoners in custody, and members of the public.
</p>
<p>(5) From subsection (e)(2) because the requirement to collect information from the subject individual would impede the information collection responsibilities of the USMS in that the USMS is often dependent upon sources other than the subject individual for verification of information pertaining to security risks posed by the individual prisoner.
</p>
<p>(6) From subsection (g) to the extent that the system is exempt from subsection (d).
</p>
<p>(q) The following system of records is exempt from 5 U.S.C. 552a(c)(3) and (4), (d), (e)(1), (2), (3), (e)(5) and (e)(8) and (g): 
</p>
<p>(1) U.S. Marshals Service Prisoner Processing and Population Management System (JUSTICE/USM-005).
</p>
<p>These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2). 
</p>
<p>(r) Exemptions from the particular subsections are justified for the following reasons: 
</p>
<p>(1) From subsection (c)(3) because to release the disclosure accounting would permit the subject of a criminal proceeding to determine the extent or nature of law enforcement authorities’ knowledge regarding his/her alleged misconduct or criminal activities. The disclosure of such information could alert the subject to devise ways in which to conceal his/her activities and/or prevent law enforcement from learning additional information about his/her activities, or otherwise inhibit law enforcement efforts. In addition, where the individual is the subject of an ongoing or potential inquiry/investigation, such release could reveal the nature thereof prematurely, and may also enable the subject to determine the identity of witnesses and informants. Such disclosure could compromise the ongoing or potential inquiry/investigation, endanger the lives of witnesses and informants, or otherwise impede or thwart law enforcement efforts. 
</p>
<p>(2) From subsection (c)(4) to the extent that the system is exempt from subsection (d). 
</p>
<p>(3) From subsection (d) because to permit unlimited access would permit the subject of a criminal proceeding to determine the extent or nature of law enforcement authorities’ knowledge regarding his/her alleged misconduct or criminal activities. The disclosure of such information could alert the subject to devise ways in which to conceal his/her activities and/or prevent law enforcement from learning additional information about his/her activities, or otherwise inhibit law enforcement efforts. Disclosure would also allow the subject to obtain sensitive information concerning the existence and nature of security measures and jeopardize the safe and secure transfer of the prisoner, the safety and security of other prisoners, informants and witnesses, law enforcement personnel, and the public. In addition, disclosure may enable the subject to learn prematurely of an ongoing or potential inquiry/investigation, and may also permit him/her to determine the identities of confidential sources, informants, or protected witnesses. Such disclosure could compromise the ongoing or potential inquiry/investigation, endanger the lives of witnesses and informants, or otherwise impede or thwart law enforcement efforts. Disclosure may also constitute an unwarranted invasion of the personal privacy of third parties. Further, disclosure would reveal access codes, data entry codes and message routing symbols used in law enforcement communications systems. Access to such codes and symbols would permit the subject to impede the flow of law enforcement communications and compromise the integrity of law enforcement information, and thus present a serious threat to law enforcement activities. To permit amendment of the records would expose security matters, and would impose an impossible administrative burden by requiring that security precautions, and information pertaining thereto, be continuously reevaluated if contested by the prisoner, or by anyone on his or her behalf. Similarly, to permit amendment could interfere with ongoing or potential inquiries/investigations by requiring that such inquiries/investigations be continuously reinvestigated, or that information collected (the relevance and accuracy of which cannot readily be determined) be subjected to continuous change. 
</p>
<p>(4) From subsections (e)(1) and (5) because the system may contain investigatory information or information which is derived from information collected during official criminal investigations. In the interest of effective law enforcement and litigation, of securing the prisoner and of protecting the public, it may be necessary to retain information the relevance, necessity, accuracy, timeliness and completeness of which cannot be readily established. Such information may nevertheless provide investigative leads to other Federal or law enforcement agencies, or prove necessary to establish patterns of criminal activity or behavior, and/or prove essential to the safe and secure detention (and movement) of prisoners. Further, the provisions of (e)(1) and (e)(5) would restrict the ability of the USMS in exercising its judgment in reporting information during investigations or during the development of appropriate security measures, and thus present a serious impediment to law enforcement efforts. 
</p>
<p>(5) From subsection (e)(2) because the requirement to collect information from the subject individual would impede the information collection responsibilities of the USMS which is often dependent upon sources other than the subject individual for verification of information pertaining to security risks posed by the individual prisoner, to alleged misconduct or criminal activity of the prisoner, or to any matter affecting the safekeeping and disposition of the individual prisoner. 
</p>
<p>(6) From subsection (e)(3) because to inform individuals as required by this subsection could impede the information gathering process, reveal the existence of an ongoing or potential inquiry/investigation or security procedure, and compromise law enforcement efforts. 
</p>
<p>(7) From subsection (e)(8) because to serve notice would give persons sufficient warning to compromise an ongoing or potential inquiry/investigation and thereby evade and impede law enforcement and security efforts. 
</p>
<p>(8) From subsection (g) to the extent that the system is exempt from subsection (d). 
</p>
<p>(s) The following system of records is exempt from 5 U.S.C. 552a(c) (3) and (4), (d), (e) (1), (2), (3), (e) (5) and (e) (8) and (g):
</p><p>
        <b>
            Joint Automated Booking Stations, Justice/USM-014
        </b>
    </p>
<p>(t) These exemptions apply only to the extent that information in the system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2). Where compliance would not interfere with or adversely affect the law enforcement process, the USMS may waive the exemptions, either partially or totally. Exemption from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsections (c)(3) and (d) to the extent that access to records in this system of records may impede or interfere with law enforcement efforts, result in the disclosure of information that would constitute and unwarranted invasion of the personal privacy of collateral record subjects or other third parties, and/or jeopardize the health and/or safety of third parties.
</p>
<p>(2) Where access to certain records may be appropriate, exemption from the amendment provisions of subsection (d)(2) in necessary to the extent that the necessary and appropriate justification, together with proof of record inaccuracy, is not provided, and/or to the extent that numerous, frivolous requests to amend could impose an impossible administrative burden by requiring agencies to continuously review booking and arrest data, much of which is collected from the arrestee during the arrest.
</p>
<p>(3) From subsection (e)(1) to the extent that it is necessary to retain all information in order not to impede, compromise, or interfere with law enforcement efforts, e.g., where the significance of the information may not be readily determined and/or where such information may provide leads or assistance to Federal and other law enforcement agencies in discharging their law enforcement responsibilities.
</p>
<p>(4) From subsection (e)(2) because, in some instances, the application of this provision would present a serious impediment to law enforcement since it may be necessary to obtain and verify information from a variety of sources other than the record subject to ensure safekeeping, security, and effective law enforcement. For example, it may be necessary that medical and psychiatric personnel provide information regarding the subject’s behavior, physical health, or mental stability, etc. To ensure proper care while in custody, or it may be necessary to obtain information from a case agent or the court to ensure proper disposition of the subject individual.
</p>
<p>(5) From subsection (e)(3) because the requirement that agencies inform each individual whom it asks to supply information of such information as is required by subsection (e)(3) may, in some cases, impede the information gathering process or otherwise interfere with or compromise law enforcement efforts, e.g., the subject may deliberately withhold information, or give erroneous information.
</p>
<p>(6) From subsection (e)(5) because in the collection of information for law enforcement purposes it is impossible to determine in advance what information is accurate, relevant, timely and complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significance and the accuracy of such information can only be determined in a court of law. The restrictions imposed by subsection (e)(5) would restrict the ability to collect information for law enforcement purposes and may prevent the eventual development of the necessary criminal intelligence or otherwise impede effective law enforcement.
</p>
<p>(7) From subsection (e)(8) to the extent that such notice may impede, interfere with, or otherwise compromise law enforcement and security efforts.
</p>
<p>(8) From subsection (g) to the extent that this system is exempt from the access and amendment provisions of subsection (d).
</p>
<p>(u) Consistent with the legislative purpose of the Privacy Act of 1974, the United States Marshals Service will grant access to nonexempt material in records which are maintained by the Service. Disclosure will be governed by the Department’s Privacy Regulations, but will be limited to the extent that the identity of confidential sources will not be compromised; subjects of an investigation of an actual or potential criminal, civil or regulatory violation will not be alerted to the investigation; the physical safety of witnesses, informants and law enforcement personnel will not be endangered; the privacy of third parties will not be violated; and that the disclosure would not otherwise impede effective law enforcement. Whenever possible, information of the above nature will be deleted from the requested documents and the balance made available. The controlling principle behind this limited access is to allow disclosures except those indicated above. The decisions to release information from these systems will be made on a case-by-case basis.
</p>
<p>[Order No. 645-76, 41 FR 12640, Mar. 26, 1976, as amended by Order No. 8-83, 48 FR 19024, Apr. 27, 1983; Order No. 10-86, 51 FR 20275, June 4, 1986; Order No. 11-86, 51 FR 20277, June 4, 1986; Order No. 61-92, 57 FR 3284, Jan. 29, 1992; Order No. 66-92, 57 FR 20654, May 14, 1992; Order No. 105-95, 60 FR 30467, June 9, 1995; Order No. 212-2001, 66 FR 6470, Jan. 22, 2001] 
</p><p><b>&#167; 16.102
 Exemption of Drug Enforcement Administration and Immigration and Naturalization Service Joint System of Records.
</b></p>
<p>(a) The following system of records is exempted pursuant to provisions of 5 U.S.C. 552a(j)(2) from subsections (c) (3) and (4), (d), (e) (1), (2) and (3), (e)(4) (G), (H), and (I), (e)(5) and (8), (f), (g), and (h) of 5 U.S.C. 552a; in addition the following system of records is exempted pursuant to the provisions of 5 U.S.C. 552 (k)(1) and (k)(2) from subsections (c)(3), (d), (e)(1), (e)(4) (G), (H), and (I), and (f) of 5 U.S.C. 552a.
</p>
<p>(1) Automated Intelligence Record System (Pathfinder), JUSTICE/DEA-INS-111.
</p>
<p>These exemptions apply to the extent that information in those systems is subject to exemption pursuant to 5 U.S.C. 552a (j)(2), (k)(1) and (k)(2).
</p>
<p>(b) The system of records listed under paragraph (a) of this section is exempted, for the reasons set forth from the following provisions of 5 U.S.C. 552a:
</p>
<p>(1)(c)(3). The release of the disclosure accounting for disclosures made pursuant to subsection (b) of the Act, including those permitted under the routine uses published for these systems of records, would permit the subject of an investigation of an actual or potential criminal, civil, or regulatory violation to determine whether he is the subject of investigation, or to obtain valuable information concerning the nature of that investigation, and the information obtained, or the identity of witnesses and informants and would therefore present a serious impediment to law enforcement. In addition, disclosure of the accounting would amount to notice to the individual of the existence of a record; such notice requirement under subsection (f)(1) is specifically exempted for these systems of records.
</p>
<p>(2)(c)(4). Since an exemption is being claimed for subsection (d) of the Act (Access to Records) this subsection is inapplicable to the extent that these systems of records are exempted from subsection (d).
</p>
<p>(3)(d). Access to the records contained in these systems would inform the subject of an investigation of an actual or potential criminal, civil, or regulatory violation of the existence of that investigation, or the nature and scope of the information and evidence obtained as to his activities, of the identity of witnesses and informants, or would provide information that could enable the subject to avoid detection or apprehension. These factors would present a serious impediment to effective law enforcement because they could prevent the successful completion of the investigation, endanger the physical safety of witnesses or informants, and lead to the improper influencing of witnesses, the destruction of evidence, or the fabrication of testimony. 
</p>
<p>(4)(e)(1). The notices of these systems of records published in the <i>Federal Register</i> set forth the basic statutory or related authority for maintenance of this system. However, in the course of criminal or other law enforcement investigations, cases, and matters, the Immigration and Naturalization Service or the Drug Enforcement Administration will occasionally obtain information concerning actual or potential violations of law that are not strictly within its statutory or other authority or may compile information in the course of an investigation which may not be relevant to a specific prosecution. In the interests of effective law enforcement, it is necessary to retain such information in these systems of records since it can aid in establishing patterns of criminal activity and can provide valuable leads for federal and other law enforcement agencies. 
</p>
<p>(5)(e)(2). In a criminal investigation or prosecution, the requirement that information be collected to the greatest extent practicable from the subject individual would present a serious impediment to law enforcement because the subject of the investigation or prosecution would be placed on notice as to the existence of the investigation and would therefore be able to avoid detection or apprehension, to influence witnesses improperly, to destroy evidence, or to fabricate testimony.
</p>
<p>(6)(e)(3). The requirement that individuals supplying information be provided with a form stating the requirements of subsection (e)(3) would constitute a serious impediment to law enforcement in that it could compromise the existence of a confidential investigation or reveal the identity of witnesses or confidential informants.
</p>
<p>(7)(e)(4) (G) and (H). Since an exemption is being claimed for subsections (f) (Agency Rules) and (d) (Access to Records) of the Act these subsections are inapplicable to the extent that these systems of records are exempted from subsections (f) and (d).
</p>
<p>(8)(e)(4)(I). The categories of sources of the records in these systems have been published in the <i>Federal Register</i> in broad generic terms in the belief that this is all that subsection (e)(4)(I) of the Act requires. In the event, however, that this subsection should be interpreted to require more detail as to the identity of sources of the records in these systems, exemption from this provision is necessary in order to protect the confidentiality of the sources of criminal and other law enforcement information. Such exemption is further necessary to protect the privacy and physical safety of witnesses and informants.
</p>
<p>(9)(e)(5). In the collection of information for criminal law enforcement purposes it is impossible to determine in advance what information is accurate, relevant, timely, and complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significance as further investigation brings new details to light and the accuracy of such information can often only be determined in a court of law. The restrictions of subsection (e)(5) would restrict the ability of trained investigators, intelligence analysts, and government attorneys in exercising their judgment in reporting on information and investigations and impede the development of criminal or other intelligence necessary for effective law enforcement.
</p>
<p>(10)(e)(8). The individual notice requirements of subsection (e)(8) could present a serious impediment to law enforcement as this could interfere with the ability to issue warrants or subpoenas and could reveal investigative techniques, procedures, or evidence.
</p>
<p>(11)(f). Procedures for notice to an individual pursuant to subsection (f)(1) as to the existence of records pertaining to him dealing with an actual or potential criminal, civil, or regulatory investigation or prosecution must be exempted because such notice to an individual would be detrimental to the successful conduct and/or completion of an investigation or prosecution pending or future. In addition, mere notice of the fact of an investigation could inform the subject or others that their activities are under or may become the subject of an investigation and could enable the subjects to avoid detection or apprehension, to influence witnesses improperly, to destroy evidence, or to fabricate testimony.
</p>
<p>Since an exemption is being claimed for subsection (d) of the Act (Access to Records) the rules required pursuant to subsections (f) (2) through (5) are inapplicable to these systems of records to the extent that these systems of records are exempted from subsection (d).
</p>
<p>(12)(g). Since an exemption is being claimed for subsections (d) (Access to Records) and (f) (Agency Rules) this section is inapplicable, and is exempted for the reasons set forth for those subsections, to the extent that these systems of records are exempted from subsections (d) and (f).
</p>
<p>(13)(h). Since an exemption is being claimed for subsection (d) (Access to Records) and (f) (Agency Rules) this section is inapplicable, and is exempted for the reasons set forth for those subsections, to the extent that these systems of records are exempted from subsections (d) and (f). 
</p>
<p>(14) In addition, exemption is claimed for these systems of records from compliance with the following provisions of the Privacy Act of 1974 (5 U.S.C. 552a) pursuant to the provisions of 5 U.S.C. 552a(k)(1): subsections (c)(3), (d), (e)(1), (e)(4) (G), (H), and (I), and (f) to the extent that the records contained in these systems are specifically authorized to be kept secret in the interests of national defense and foreign policy.
</p>
<p>[Order No. 742-77, 42 FR 40907, Aug. 12, 1977] 
</p><p><b>&#167; 16.103
 Exemption of the INTERPOL-United States National Central Bureau (INTERPOL-USNCB) System.
</b></p>
<p>(a) The following system of records is exempt from 5 U.S.C. 552a(c) (3) and (4), (d), (e) (1), (2), and (3), (e)(4) (G) and (H), (e)(5) and (8), (f) and (g): 
</p>
<p>(1) The INTERPOL-United States National Central Bureau (INTERPOL-USNCB) (Department of Justice) INTERPOL-USNCB Records System (JUSTICE/INTERPOL-001).
</p>
<p>This exemption applies only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a (j)(2), (k)(2), and (k)(5).
</p>
<p>(b) Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (c)(3) because the release of accounting disclosures would place the subject of an investigation on notice that he is under investigation and provide him with significant information concerning the nature of the investigation, thus resulting in a serious impediment to law enforcement.
</p>
<p>(2) From subsections (c)(4), (d), (e)(4) (G), and (H), (f) and (g) because these provisions concern individual access to records and such access might compromise ongoing investigations reveal investigatory techniques and confidential informants, and invade the privacy of private citizens who provide information in connection with a particular investigation.
</p>
<p>(3) From subsection (e)(1) because information received in the course of an international criminal investigation may involve a violation of state or local law, and it is beneficial to maintain this information to provide investigative leads to state and local law enforcement agencies.
</p>
<p>(4) From subsection (e)(2) because collecting information from the subject of criminal investigations would thwart the investigation by placing the subject on notice.
</p>
<p>(5) From subsection (e)(3) because supplying an individual with a statement of the intended use of the requested information could compromise the existence of a confidential investigation, and may inhibit cooperation.
</p>
<p>(6) From subsection (e)(5) because the vast majority of these records come from local criminal justice agencies and it is administratively impossible to ensure that the records comply with this provision. Submitting agencies are, however, urged on a continuing basis to ensure that their records are accurate and include all dispositions.
</p>
<p>(7) From subsection (e)(8) because the notice requirements of this provision could present a serious impediment to law enforcement by revealing investigative techniques, procedures, and the existence of confidential investigations. 
</p>
<p>[Order No. 8-82, 47 FR 44255, Oct. 7, 1982, as amended by Order No. 6-86, 51 FR 15479, Apr. 24, 1986] 
</p><p><b>&#167; 16.104 
 Exemption of Office of Special Counsel--Waco System.
</b></p>
<p>(a) The following system of records is exempted from subsections (c)(3) and (4); (d)(1), (2), (3), and (4); (e)(1), (2), (3), (5) and (8); and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j) and (k): CaseLink Document Database for Office of Special Counsel--Waco, JUSTICE/OSCW-001. These exemptions apply only to the extent that information in a record is subject to exemption pursuant to 5 U.S.C. 552a(j) and (k).
</p>
<p>(b) Only that portion of this system which consists of criminal or civil investigatory information is exempted for the reasons set forth from the following subsections:
</p>
<p>(1) <i>Subsection (c)(3).</i> To provide the subject of a criminal or civil matter or case under investigation with an accounting of disclosures of records concerning him or her would inform that individual of the existence, nature, or scope of that investigation and thereby seriously impede law enforcement efforts by permitting the record subject and other persons to whom he might disclose the records to avoid criminal penalties and civil remedies.
</p>
<p>(2) <i>Subsection (c)(4).</i> This subsection is inapplicable to the extent that an exemption is being claimed for subsection (d).
</p>
<p>(3) <i>Subsection (d)(1).</i> Disclosure of investigatory information could interfere with the investigation, reveal the identity of confidential sources, and result in an unwarranted invasion of the privacy of others.
</p>
<p>(4) <i>Subsection (d)(2).</i> Amendment of the records would interfere with ongoing criminal law enforcement proceedings and impose an impossible administrative burden by requiring criminal investigations to be continuously reinvestigated.
</p>
<p>(5) <i>Subsections (d)(3) and (4).</i> These subsections are inapplicable to the extent exemption is claimed from (d)(1) and (2).
</p>
<p>(6) <i>Subsections (e)(1) and (5).</i> It is often impossible to determine in advance if investigatory records contained in this system are accurate, relevant, timely and complete; but, in the interests of effective law enforcement, it is necessary to retain this information to aid in establishing patterns of activity and provide leads in criminal investigations.
</p>
<p>(7) <i>Subsection (e)(2).</i> To collect information from the subject individual would serve notice that he or she is the subject of criminal investigative or law enforcement activity and thereby present a serious impediment to law enforcement.
</p>
<p>(8) <i>Subsection (e)(3).</i> To inform individuals as required by this subsection would reveal the existence of an investigation and compromise law enforcement efforts.
</p>
<p>(9) <i>Subsection (e)(8).</i> To serve notice would give persons sufficient warning to evade law enforcement efforts.
</p>
<p>(10) <i>Subsection (g).</i> This subsection is inapplicable to the extent that the system is exempt from other specific subsections of the Privacy Act.
</p>
<p>[Order No. 208-2000, 65 FR 75160, Dec. 1, 2000]
</p><p><b>&#167; 16.105
 Exemption of Foreign Terrorist Tracking Task Force System. 
</b></p>
<p>(a) The following system of records is exempt from 5 U.S.C. 552a, subsections (c)(3), (d)(1), (2), (3) and (4), and (e)(1) and (4)(I): Flight Training Candidates File System (JUSTICE/FTTTF-001). This exemption applies only to the extent that information is subject to exemption pursuant to 5 U.S.C. 552a(k)(1). 
</p>
<p>(b) Exemption from the particular subsections is justified for the following reasons: 
</p>
<p>(1) From subsection (c)(3) because making available to a record subject the accounting of disclosures could reveal information that is classified in the interest of national security. 
</p>
<p>(2) From subsection (d)(1), (2), (3) and (4) because access to and amendment of certain portions of records within the system would tend to reveal or compromise information classified in the interest of national security. 
</p>
<p>(3) From subsection (e)(1) because it is often impossible to determine in advance if information obtained will be relevant for the purposes of conducting the risk analysis for flight training candidates. 
</p>
<p>(4) From subsection (e)(4)(I) to the extent that this subsection is interpreted to require more detail regarding the record sources in this system than have been published in the <i>Federal Register.</i> Should the subsection be so interpreted, exemption from this provision is necessary because greater specificity concerning the sources of these records could compromise national security.
</p>
<p>[Order No. 278-2002, 67 FR 51756, Aug. 9, 2002]
</p><p><b>&#167; 16.106
 Exemption of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)--Limited Access. 
</b></p>
<p>(a) The following system of records is exempt from 5 U.S.C. 552a(c)(3) and (4), (d)(1), (2), (3) and (4), (e)(1), (2), and (3), (e)(4)(G), (H) and (I), (e)(5) and (8), (f) and (g). 
</p>
<p>(1) Criminal Investigation Report System (JUSTICE/ATF-003). 
</p>
<p>(2) These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2). Where compliance would not appear to interfere with or adversely affect the overall law enforcement process, ATF may waive the applicable exemption. 
</p>
<p>(b) Exemptions from the particular subsections are justified for the following reasons: 
</p>
<p>(1) From subsection (c)(3) because making available to a record subject the accounting of disclosures from records concerning him/her would reveal investigative interest not only of ATF, but also of the recipient agency. This would permit the record subject to take measures to impede the investigation, e.g., destroy evidence, intimidate potential witnesses or flee the area to avoid the thrust of the investigation. 
</p>
<p>(2) From subsection (c)(4) because an exemption being claimed for subsection (d) makes this subsection inapplicable. 
</p>
<p>(3) From subsections (d)(1), (e)(4)(G) and (H), (f) and (g) because these provisions concern individual access to investigative records, compliance with which could compromise sensitive information, interfere with the overall law enforcement process by revealing a pending sensitive investigation, possibly identify a confidential source or disclose information, including actual or potential tax information, which would constitute an unwarranted invasion of another individual’s personal privacy, reveal a sensitive investigative technique, or constitute a potential danger to the health or safety of law enforcement personnel. 
</p>
<p>(4) From subsection (d)(2) because, due to the nature of the information collected and the essential length of time it is maintained, to require ATF to amend information thought to be incorrect, irrelevant or untimely, would create an impossible administrative and investigative burden by forcing the agency to continuously retrograde its investigations attempting to resolve questions of accuracy, etc. 
</p>
<p>(5) From subsections (d)(3) and (4) because these subsections are inapplicable to the extent exemption is claimed from (d)(1) and (2). 
</p>
<p>(6) From subsection (e)(1) because: (i) It is not possible in all instances to determine relevancy or necessity of specific information in the early stages of a criminal or other investigation. 
</p>
<p>(ii) Relevance and necessity are questions of judgment and timing; what appears relevant and necessary when collected ultimately may be deemed unnecessary. It is only after the information is assessed that its relevancy and necessity in a specific investigative activity can be established. 
</p>
<p>(iii) In any investigation, ATF might obtain information concerning violations of law not under its jurisdiction, but in the interest of effective law enforcement, dissemination will be made to the agency charged with enforcing such law. 
</p>
<p>(iv) In interviewing individuals or obtaining other forms of evidence during an investigation, information could be obtained, the nature of which would leave in doubt its relevancy and necessity. Such information, however, could be relevant to another investigation or to an investigative activity under the jurisdiction of another agency. 
</p>
<p>(7) From subsection (e)(2) because the nature of criminal and other investigative activities is such that vital information about an individual can only be obtained from other persons who are familiar with such individual and his/her activities. In such investigations it is not feasible to rely upon information furnished by the individual concerning his own activities. 
</p>
<p>(8) From subsection (e)(3) because disclosure would provide the subject with substantial information that could impede or compromise the investigation. The individual could seriously interfere with undercover investigative activities and could take steps to evade the investigation or flee a specific area. 
</p>
<p>(9) From subsection (e)(4)(I) because the categories of sources of the records in these systems have been published in the <i>Federal Register</i> in broad generic terms in the belief that this is all that subsection (e)(4)(I) of the Act requires. In the event, however, that this subsection should be interpreted to require more detail as to the identity of sources of the records in these systems, exemption from this provision is necessary in order to protect the confidentiality of the sources of criminal and other law enforcement information. Such exemption is further necessary to protect the privacy and physical safety of witnesses and informants. 
</p>
<p>(10) From subsection (e)(5) because in the collection of information for law enforcement purposes it is impossible to determine in advance what information is accurate, relevant, timely and complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significance as further investigation brings new details to light. The restrictions imposed by subsection (e)(5) would restrict the ability of trained investigators and intelligence analysts to exercise their judgment in reporting on investigations and impede the development of criminal intelligence necessary for effective law enforcement. 
</p>
<p>(11) From subsection (e)(8) because the notice requirements of this provision could seriously interfere with a law enforcement activity by alerting the subject of a criminal or other investigation of existing investigative interest. 
</p>
<p>(c) The following system of records is exempt from 5 U.S.C. 552a(c)(3), (d)(1), (2), (3) and (4), (e)(1), (e)(4)(G), (H) and (I), and (f). 
</p>
<p>(1) Internal Security Record System (JUSTICE/ATF-006). 
</p>
<p>(2) These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(k)(2) and (k)(5). Where compliance would not appear to interfere with or adversely affect the overall law enforcement process, ATF may waive the applicable exemption. 
</p>
<p>(d) Exemptions from the particular subsections are justified for the following reasons: 
</p>
<p>(1) From subsection (c)(3) because to provide the subject with an accounting of disclosures of records in this system could inform that individual of the existence, nature, or scope of an actual or potential law enforcement investigation, and thereby seriously impede law enforcement efforts by permitting the record subject and other persons to whom he might disclose the records to avoid criminal penalties, civil remedies, or other measures. 
</p>
<p>(2) From subsection (d)(1) because disclosure of records in the system could reveal the identity of confidential sources and result in an unwarranted invasion of the privacy of others. Disclosure may also reveal information relating to actual or potential criminal investigations. Such breaches would restrict the free flow of information which is vital to the law enforcement process and the determination of an applicant’s qualifications. 
</p>
<p>(3) From subsection (d)(2) because, due to the nature of the information collected and the essential length of time it is maintained, to require ATF to amend information thought to be incorrect, irrelevant or untimely, would create an impossible administrative and investigative burden by forcing the agency to continuously retrograde its investigations attempting to resolve questions of accuracy, etc. 
</p>
<p>(4) From subsections (d)(3) and (4) because these subsections are inapplicable to the extent exemption is claimed from (d)(1) and (2). 
</p>
<p>(5) From subsection (e)(1) because it is often impossible to determine in advance if investigative records contained in this system are accurate, relevant, timely, complete, or of some assistance to either effective law enforcement investigations, or to the determination of the qualifications and suitability of an applicant. It also is necessary to retain this information to aid in establishing patterns of activity and provide investigative leads. Information that may appear irrelevant, when combined with other apparently irrelevant information, can on occasion provide a composite picture of a subject or an applicant which assists the law enforcement process and the determination of an applicant’s suitability qualifications. 
</p>
<p>(6) From subsection (e)(4)(G) and (H), and (f) because these provisions concern individual access to investigative records, compliance with which could compromise sensitive information, interfere with the overall law enforcement or qualification process by revealing a pending sensitive investigation, possibly identify a confidential source or disclose information which would constitute an unwarranted invasion of another individual’s personal privacy, reveal a sensitive investigative technique, or constitute a potential danger to the health or safety of law enforcement personnel. In addition, disclosure of information collected pursuant to an employment suitability or similar inquiry could reveal the identity of a source who provided information under an express promise of confidentiality, or could compromise the objectivity or fairness of a testing or examination process. 
</p>
<p>(7) From subsection (e)(4)(I) because the categories of sources of the records in these systems have been published in the <i>Federal Register</i> in broad generic terms in the belief that this is all that subsection (e)(4)(I) of the Act requires. In the event, however, that this subsection should be interpreted to require more detail as to the identity of sources of the records in these systems, exemption from this provision is necessary in order to protect the confidentiality of the sources of criminal and other law enforcement information. Such exemption is further necessary to protect the privacy and physical safety of witnesses and informants. 
</p>
<p>(e) The following system of records is exempt from 5 U.S.C. 552a(c)(3), (d)(1), (2), (3) and (4), (e)(1), (e)(4)(G), (H) and (I), and (f). 
</p>
<p>(1) Personnel Record System (JUSTICE/ATF-007). 
</p>
<p>(2) These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(k)(5). Where compliance would not appear to interfere with or adversely affect the overall law enforcement process, ATF may waive the applicable exemption. 
</p>
<p>(f) Exemptions from the particular subsections are justified for the following reasons: 
</p>
<p>(1) From subsection (c)(3) because making available to a record subject the accounting of disclosures from records concerning him/her would reveal the existence, nature, or scope of an actual or potential personnel action. This would permit the record subject to take measures to hamper or impede such actions. 
</p>
<p>(2) From subsections (d)(1), (e)(4)(G) and (H), and (f) because many persons are contacted who, without an assurance of anonymity, refuse to provide information concerning a candidate for a position with ATF. Access could reveal the identity of the source of the information and constitute a breach of the promise of confidentiality on the part of ATF. Such breaches ultimately would restrict the free flow of information vital to a determination of a candidate’s qualifications and suitability. 
</p>
<p>(3) From subsection (d)(2) because, due to the nature of the information collected and the essential length of time it is maintained, to require ATF to amend information thought to be incorrect, irrelevant or untimely, would create an impossible administrative and investigative burden by forcing the agency to continuously retrograde its investigations attempting to resolve questions of accuracy, etc. 
</p>
<p>(4) From subsections (d)(3) and (4) because these subsections are inapplicable to the extent exemption is claimed from (d)(1) and (2). 
</p>
<p>(5) From subsection (e)(1) because: 
</p>
<p>(i) It is not possible in all instances to determine relevancy or necessity of specific information in the early stages of a personnel-related action. 
</p>
<p>(ii) Relevance and necessity are questions of judgment and timing; what appears relevant and necessary when collected ultimately may be deemed unnecessary. It is only after the information is assessed that its relevancy and necessity in a specific investigative activity can be established. 
</p>
<p>(iii) ATF might obtain information concerning violations of law not under its jurisdiction, but in the interest of effective law enforcement, dissemination will be made to the agency charged with enforcing such law. 
</p>
<p>(iv) In interviewing individuals or obtaining other forms of evidence during an investigation, information could be obtained, the nature of which would leave in doubt its relevancy and necessity. Such information, however, could be relevant to another investigation or to an investigative activity under the jurisdiction of another agency. 
</p>
<p>(6) From subsection (e)(4)(I) because the categories of sources of the records in these systems have been published in the <i>Federal Register</i> in broad generic terms in the belief that this is all that subsection (e)(4)(I) of the Act requires. In the event, however, that this subsection should be interpreted to require more detail as to the identity of sources of the records in these systems, exemption from this provision is necessary in order to protect the confidentiality of the sources of criminal and other law enforcement information. Such exemption is further necessary to protect the privacy and physical safety of witnesses and informants. 
</p>
<p>(g) The following systems of records are exempt from 5 U.S.C. 552a(c)(3), (d)(1), (2), (3) and (4), (e)(1), (e)(4)(G), (H) and (I), and (f). 
</p>
<p>(1) Regulatory Enforcement Record System (JUSTICE/ATF-008). 
</p>
<p>(2) Technical and Scientific Services Record System (JUSTICE/ATF-009). 
</p>
<p>(3) These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(k)(2). Where compliance would not appear to interfere with or adversely affect the overall law enforcement process, ATF may waive the applicable exemption. 
</p>
<p>(h) Exemptions from the particular subsections are justified for the following reasons: 
</p>
<p>(1) From subsection (c)(3) because making available to a record subject the accounting of disclosures from records concerning him/her would reveal investigative interest, whether civil, criminal or regulatory, not only of ATF, but also of the recipient agency. This would permit the record subject to take measures to impede the investigation, <i>e.g.,</i> destroy evidence, intimidate potential witnesses or flee the area to avoid the thrust of the investigation thus seriously hampering the regulatory and law enforcement functions of ATF. 
</p>
<p>(2) From subsections (d)(1), (e)(4)(G) and (H), and (f) because these provisions concern individual access to investigative and compliance records, disclosure of which could compromise sensitive information, interfere with the overall law enforcement and regulatory process by revealing a pending sensitive investigation, possibly identify a confidential source or disclose information, including actual or potential tax information, which would constitute an unwarranted invasion of another individual’s personal privacy, reveal a sensitive investigative technique, or constitute a potential danger to the health or safety of law enforcement personnel. 
</p>
<p>(3) From subsection (d)(2) because, due to the nature of the information collected and the essential length of time it is maintained, to require ATF to amend information thought to be incorrect, irrelevant or untimely, would create an impossible administrative and investigative burden by forcing the agency to continuously retrograde its investigations and compliance actions attempting to resolve questions of accuracy, etc. 
</p>
<p>(4) From subsections (d)(3) and (4) because these subsections are inapplicable to the extent exemption is claimed from (d)(1) and (2). 
</p>
<p>(5) From subsection (e)(1) because: 
</p>
<p>(i) It is not possible in all instances to determine relevancy or necessity of specific information in the early stages of a criminal, civil, regulatory, or other investigation. 
</p>
<p>(ii) Relevance and necessity are questions of judgment and timing; what appears relevant and necessary when collected ultimately may be deemed unnecessary. It is only after the information is assessed that its relevancy and necessity in a specific investigative or regulatory activity can be established. 
</p>
<p>(iii) In any investigation or compliance action ATF might obtain information concerning violations of law not under its jurisdiction, but in the interest of effective law enforcement, dissemination will be made to the agency charged with enforcing such law. 
</p>
<p>(iv) In interviewing individuals or obtaining other forms of evidence during an investigation, information could be obtained, the nature of which would leave in doubt its relevancy and necessity. Such information, however, could be relevant to another investigation or compliance action or to an investigative activity under the jurisdiction of another agency. 
</p>
<p>(6) From subsection (e)(4)(I) because the categories of sources of the records in these systems have been published in the <i>Federal Register</i> in broad generic terms in the belief that this is all that subsection (e)(4)(I) of the Act requires. In the event, however, that this subsection should be interpreted to require more detail as to the identity of sources of the records in these systems, exemption from this provision is necessary in order to protect the confidentiality of the sources of criminal, regulatory, and other law enforcement information. Such exemption is further necessary to protect the privacy and physical safety of witnesses and informants.
</p>
<p>[Order No. 002-2003, 68 FR 3393, Jan. 24, 2003]
</p><p><b>&#167; 16.130 
 Exemption of Department of Justice Systems: Correspondence Management Systems for the Department of Justice (DOJ-003); Freedom of Information Act, Privacy Act and Mandatory Declassification Review Requests and Administrative Appeals for the Department of Justice (DOJ-004). 
</b></p>
<p>(a) The following Department of Justice systems of records are exempted from subsections (c)(3) and (4); (d)(1), (2), (3) and (4); (e)(1), (2), (3), (5) and (8); and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j) and (k). These exemptions apply only to the extent that information in a record is subject to exemption pursuant to 5 U.S.C. 552a(j) and (k). 
</p>
<p>(1) Correspondence Management Systems (CMS) for the Department of Justice (DOJ), DOJ/003. 
</p>
<p>(2) Freedom of Information Act, Privacy Act, and Mandatory Declassification Review Requests and Administrative Appeals for the Department of Justice (DOJ), DOJ/004. 
</p>
<p>(b) These systems are exempted for the reasons set forth from the following subsections: 
</p>
<p>(1) <i>Subsection (c)(3).</i> To provide the subject of a criminal, civil, or counterintelligence matter or case under investigation with an accounting of disclosures of records concerning him or her could inform that individual of the existence, nature, or scope of that investigation, and thereby seriously impede law enforcement or counterintelligence efforts by permitting the record subject and other persons to whom he might disclose the records to avoid criminal penalties, civil remedies, or counterintelligence measures. 
</p>
<p>(2) <i>Subsection (c)(4).</i> This subsection is inapplicable to the extent that an exemption is being claimed for subsection (d). 
</p>
<p>(3) <i>Subsection (d)(1).</i> Disclosure of investigatory information could interfere with the investigation, reveal the identity of confidential sources, and result in an unwarranted invasion of the privacy of others. Disclosure of classified national security information would cause damage to the national security of the United States.
</p>
<p>(4) <i>Subsection (d)(2).</i> Amendment of the records would interfere with ongoing criminal or civil law enforcement proceedings and impose an impossible administrative burden by requiring investigations to be continuously reinvestigated.
</p>
<p>(5) <i>Subsections (d)(3) and (4).</i> These subsections are inapplicable to the extent exemption is claimed from (d)(1) and (2). 
</p>
<p>(6) <i>Subsection (e)(1).</i> It is often impossible to determine in advance if investigatory records contained in this system are accurate, relevant, timely and complete, but, in the interests of effective law enforcement and counterintelligence, it is necessary to retain this information to aid in establishing patterns of activity and provide investigative leads. 
</p>
<p>(7) <i>Subsection (e)(2).</i> To collect information from the subject individual could serve notice that he or she is the subject of a criminal investigation and thereby present a serious impediment to such investigations.
</p>
<p>(8) <i>Subsection (e)(3).</i> To inform individuals as required by this subsection could reveal the existence of a criminal investigation and compromise investigative efforts. 
</p>
<p>(9) <i>Subsection (e)(5).</i> It is often impossible to determine in advance if investigatory records contained in this system are accurate, relevant, timely and complete, but, in the interests of effective law enforcement, it is necessary to retain this information to aid in establishing patterns of activity and provide investigative leads. 
</p>
<p>(10) <i>Subsection (e)(8).</i> To serve notice could give persons sufficient warning to evade investigative efforts. 
</p>
<p>(11) <i>Subsection (g).</i> This subsection is inapplicable to the extent that the system is exempt from other specific subsections of the Privacy Act.
</p>
<p>[Order No. 241-2001, 66 FR 41445, Aug. 8, 2001; 66 FR 43308, Aug. 17, 2001]
</p><p><b>&#167; 16.131
 Exemption of Department of Justice (DOJ)/Nationwide Joint Automated Booking System (JABS), DOJ-005.
</b></p>
<p>(a) The following system of records is exempt from 5 U.S.C. 552a(c)(3) and (4), (d), (e)(1), (2), (3), (4)(G) and (H), (e)(5) and (8), (f) and (g): Nationwide Joint Automated Booking System, Justice/DOJ-005. These exemptions apply only to the extent that information in the system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2) and (k)(2). Where compliance would not interfere with or adversely affect the law enforcement process, the DOJ may waive the exemptions, either partially or totally.
</p>
<p>(b) Exemption from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsections (c)(3), (c)(4), and (d) to the extent that access to records in this system of records may impede or interfere with law enforcement efforts, result in the disclosure of information that would constitute an unwarranted invasion of the personal privacy of collateral record subjects or other third parties, and/or jeopardize the health and/or safety of third parties.
</p>
<p>(2) From subsection (e)(1) to the extent that it is necessary to retain all information in order not to impede, compromise, or interfere with law enforcement efforts, e.g., where the significance of the information may not be readily determined and/or where such information may provide leads or assistance to Federal and other law enforcement agencies in discharging their law enforcement responsibilities.
</p>
<p>(3) From subsection (e)(2) because, in some instances, the application of this provision would present a serious impediment to law enforcement since it may be necessary to obtain and verify information from a variety to sources other than the record subject to ensure safekeeping, security, and effective law enforcement. For example, it maybe necessary that medical and psychiatric personnel provide information regarding the subject’s behavior, physical. health, or mental stability, etc. to ensure proper care while in custody, or it may be necessary to obtain information from a case agent or the court to ensure proper disposition of the subject individual.
</p>
<p>(4) From subsection (e)(3) because the requirement that agencies inform each individual whom it asks to supply information of such information as is required by subsection (e)(3) may, in some cases, impede the information gathering process or otherwise interfere with or compromise law enforcement efforts, e.g., the subject may deliberately withhold information, or give erroneous information.
</p>
<p>(5) From subsection (4)(G) and(H) because the application of these provisions would present a serious impediment to law enforcement efforts.
</p>
<p>(6) From subsection (e)(5) because in the collection of information for law enforcement purposes it is impossible to determine in advance what information is accurate, relevant, timely and complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significance and the accuracy of such information can only be determined in a court of law. The restrictions imposed by subsection (e)(5) would restrict the ability to collect information for law enforcement purposes, may prevent the eventual development of the necessary criminal intelligence, or otherwise impede law enforcement or delay trained law enforcement personnel from timely exercising their judgment in managing the arrestee.
</p>
<p>(7) From subsection (e)(8) to the extent that such notice may impede, interfere with, or otherwise compromise law enforcement and security efforts.
</p>
<p>(8) From subsection 5 U.S.C. 552a(f) to the extent that compliance with the requirement for procedures providing individual access to records, compliance could impede, compromise, or interfere with law enforcement efforts.
</p>
<p>(9) From subsection (g) to the extent that this system is exempt from the access and amendment provisions of subsection (d).
</p>
<p>[Order No. 242-2001, 66 FR 41445, Aug. 8, 2001; 66 FR 44308, Aug. 17, 2001]
</p><p><b>&#167; 16.132
 Exemption of Department of Justice System--Personnel Investigation and Security Clearance Records for the Department of Justice (DOJ), DOJ-006. 
</b></p>
<p>(a) The following Department of Justice system of records is exempted from subsections (c)(3) and (4); (d)(1), (2), (3) and (4); (e)(1),(2),(3),(5) and (8); and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j) and (k): Personnel Investigation and Security Clearance Records for the Department of Justice (DOJ), DOJ-006. These exemptions apply only to the extent that information in a record is subject to exemption pursuant to 5 U.S.C. 552a(j) and (k). 
</p>
<p>(b) Exemption from the particular subsections is justified for the following reasons: 
</p>
<p>(1) <i>Subsection (c)(3).</i> To provide the subject with an accounting of disclosures of records in this system could inform that individual of the existence, nature, or scope of an actual or potential law enforcement or counterintelligence investigation, and thereby seriously impede law enforcement or counterintelligence efforts by permitting the record subject and other persons to whom he might disclose the records to avoid criminal penalties, civil remedies, or counterintelligence measures. 
</p>
<p>(2) <i>Subsection (c)(4).</i> This subsection is inapplicable to the extent that an exemption is being claimed for subsection (d). 
</p>
<p>(3) <i>Subsection (d)(1).</i> Disclosure of records in the system could reveal the identity of confidential sources and result in an unwarranted invasion of the privacy of others. Disclosure may also reveal information relating to actual or potential criminal investigations. Disclosure of classified national security information would cause damage to the national security of the United States. 
</p>
<p>(4) <i>Subsection (d)(2).</i> Amendment of the records could interfere with ongoing criminal or civil law enforcement proceedings and impose an impossible administrative burden by requiring investigations to be continuously reinvestigated. 
</p>
<p>(5) <i>Subsections (d)(3) and (4).</i> These subsections are inapplicable to the extent exemption is claimed from (d)(1) and (2). 
</p>
<p>(6) <i>Subsection (e)(1).</i> It is often impossible to determine in advance if investigatory records contained in this system are accurate, relevant, timely and complete, but, in the interests of effective law enforcement and counterintelligence, it is necessary to retain this information to aid in establishing patterns of activity and provide investigative leads. 
</p>
<p>(7) <i>Subsection (e)(2).</i> To collect information from the subject individual could serve notice that he or she is the subject of a criminal investigation and thereby present a serious impediment to such investigations. 
</p>
<p>(8) <i>Subsection (e)(3).</i> To inform individuals as required by this subsection could reveal the existence of a criminal investigation and compromise investigative efforts. 
</p>
<p>(9) <i>Subsection (e)(5).</i> It is often impossible to determine in advance if investigatory records contained in this system are accurate, relevant, timely and complete, but, in the interests of effective law enforcement, it is necessary to retain this information to aid in establishing patterns of activity and provide investigative leads. 
</p>
<p>(10) <i>Subsection (e)(8).</i> To serve notice could give persons sufficient warning to evade investigative efforts. 
</p>
<p>(11) <i>Subsection (g).</i> This subsection is inapplicable to the extent that the system is exempt from other specific subsections of the Privacy Act.
</p>
<p>[Order No. 297-2002, 67 FR 70163, Nov. 21, 2002]
</p><p><b>&#167; 16.133
 Exemption of Department of Justice Regional Data Exchange System (RDEX), DOJ-012.
</b></p>
<p>(a) The Department of Justice Regional Data Exchange System (RDEX), DOJ-012, is exempted from subsections (c)(3) and (4); (d)(1), (2), (3), and (4); (e)(1), (2), (3), (5), and (8); and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2). These exemptions apply only to the extent that information in a record is subject to exemption pursuant to 5 U.S.C. 552a(j)(2).
</p>
<p>(b) This system is exempted from the following subsections for the reasons set forth below:
</p>
<p>(1) From subsection (c)(3) because making available to a record subject the accounting of disclosures of criminal law enforcement records concerning him or her could inform that individual of the existence, nature, or scope of an investigation, or could otherwise seriously impede law enforcement efforts.
</p>
<p>(2) From subsection (c)(4) because this system is exempt from subsections (d)(1), (2), (3), and (4).
</p>
<p>(3) From subsection (d)(1) because disclosure of criminal law enforcement information could interfere with an investigation, reveal the identity of confidential sources, and result in an unwarranted invasion of the privacy of others.
</p>
<p>(4) From subsection (d)(2) because amendment of the records would interfere with ongoing criminal law enforcement proceedings and impose an impossible administrative burden by requiring investigations to be continuously reinvestigated.
</p>
<p>(5) From subsections (d)(3) and (4) because these subsections are inapplicable to the extent that exemption is claimed from subsections (d)(1) and (2).
</p>
<p>(6) From subsection (e)(1) because it is often impossible to determine in advance if criminal law enforcement records contained in this system are relevant and necessary, but, in the interests of effective law enforcement, it is necessary to retain this information to aid in establishing patterns of activity and provide investigative leads.
</p>
<p>(7) From subsection (e)(2) because collecting information from the subject individual could serve notice that he or she is the subject of a criminal law enforcement matter and thereby present a serious impediment to law enforcement efforts. Further, because of the nature of criminal law enforcement matters, vital information about an individual frequently can be obtained only from other persons who are familiar with the individual and his or her activities and it often is not practicable to rely on information provided directly by the individual.
</p>
<p>(8) From subsection (e)(3) because informing individuals as required by this subsection could reveal the existence of a criminal law enforcement matter and compromise criminal law enforcement efforts.
</p>
<p>(9) From subsection (e)(5) because it is often impossible to determine in advance if criminal law enforcement records contained in this system are accurate, relevant, timely, and complete, but, in the interests of effective law enforcement, it is necessary to retain this information to aid in establishing patterns of activity and obtaining investigative leads.
</p>
<p>(10) From subsection (e)(8) because serving notice could give persons sufficient warning to evade criminal law enforcement efforts.
</p>
<p>(11) From subsection (g) to the extent that this system is exempt from other specific subsections of the Privacy Act.
</p>
<p>[Order No. 007-2005, 70 FR 49870, Aug. 25, 2005]
</p><p><b>&#167; 16.134
 Exemption of Debt Collection Enforcement System, Justice/DOJ-016.
</b></p>
<p>(a) The following system of records is exempt pursuant to 5 U.S.C. 552a(j)(2) 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. In addition, the system is exempt pursuant to 5 U.S.C. 552a(k)(2) from subsections (c)(3); (d)(1), (2), (3), and (4); (e)(1); (4)(G), (H), and (I); and (f). These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2) or (k)(2). Where compliance would not appear to interfere with or adversely affect the law enforcement purposes of this system, or the overall law enforcement process, the applicable exemption may be waived by the DOJ in its sole discretion.
</p>
<p>(b) Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (c)(3), the requirement that an accounting be made available to the named subject of a record, because certain records in this system are exempt from the access provisions of subsection (d). Also, because making available to a record subject the accounting of disclosures from records concerning him/her would specifically reveal any investigative interest in the individual. Revealing this information may thus compromise ongoing law enforcement efforts. Revealing this information may also permit the record subject to take measures to impede the investigation, such as destroying evidence, intimidating potential witnesses or fleeing the area to avoid the investigation.
</p>
<p>(2) From subsection (c)(4) notification requirements because certain records in this system are exempt from the access and amendment provisions of subsection (d) as well as the access to accounting of disclosures provision of subsection (c)(3).
</p>
<p>(3) From subsections (d)(1), (2), (3), and (4) because access to the records contained in this system might compromise ongoing investigations, reveal confidential informants, or constitute unwarranted invasions of the personal privacy of third parties who are involved in a certain investigation. Amendment of the records would interfere with ongoing debt collection investigations or other law enforcement proceedings and impose an impossible administrative burden by requiring investigations to be continuously reinvestigated.
</p>
<p>(4) From subsection (e)(1) because it is not always possible to know in advance what information is relevant and necessary for law enforcement purposes.
</p>
<p>(5) From subsection (e)(2) to avoid impeding law enforcement efforts associated with debt collection by putting the subject of an investigation on notice of that fact, thereby permitting the subject to engage in conduct intended to frustrate or impede that investigation.
</p>
<p>(6) From subsection (e)(3) to avoid impeding law enforcement efforts in conjunction with debt collection by putting the subject of an investigation on notice of that fact, thereby permitting the subject to engage in conduct intended to frustrate or impede that investigation.
</p>
<p>(7) From subsection (e)(4)(G), (H) and (I) because portions of this system are exempt from the access provisions of subsection (d) pursuant to subsections (j) and (k) of the Privacy Act.
</p>
<p>(8) From subsection (e)(5) because many of the records in this system are records contributed by other agencies and the restrictions imposed by (e)(5) would limit the utility of the system.
</p>
<p>(9) From subsection (e)(8), because to require individual notice of disclosure of information due to compulsory legal process would pose an impossible administrative burden on the DOJ and may alert the subjects of law enforcement investigations, who might be otherwise unaware, to the fact of those investigations.
</p>
<p>(10) From subsections (f) and (g) to the extent that the system is exempt from other specific subsections of the Privacy Act.
</p>
<p>[Order No. 009-2012, 77 FR 23117, Apr. 18, 2012]
</p><p><b>&#167; 16.135
 Exemptions of Executive Office for Organized Crime Drug Enforcement Task Forces Systems.
</b></p>
<p>(a) The following systems of records are exempt from 5 U.S.C. 552a(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):
</p>
<p>(1) The Organized Crime Drug Enforcement Task Forces Management Information System (OCDETF MIS) (JUSTICE/OCDETF-001); and
</p>
<p>(2) The Organized Crime Drug Enforcement Task Force Fusion Center and International Organized Crime Intelligence and Operations Center System (JUSTICE/OCDETF-002).
</p>
<p>(b) These exemptions apply only to the extent that information is subject to exemption under 5 U.S.C. 552a(j) and/or (k).
</p>
<p>(c) Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (c)(3) because to provide the subject with an accounting of disclosures of records in these systems could inform that individual of the existence, nature, or scope of an actual or potential law enforcement or counterintelligence investigation by the Organized Crime Drug Enforcement Task Forces, the Organized Crime Drug Enforcement Task Force Fusion Center, the International Organized Crime Intelligence and Operations Center, or the recipient agency, and could permit that individual to take measures to avoid detection or apprehension, to learn of the identity of witnesses and informants, or to destroy evidence, and would therefore present a serious impediment to law enforcement or counterintelligence efforts. In addition, disclosure of the accounting would amount to notice to the individual of the existence of a record. Moreover, release of an accounting may reveal information that is properly classified pursuant to Executive Order.
</p>
<p>(2) From subsection (c)(4) because this subsection is inapplicable to the extent that an exemption is being claimed for subsections (d)(1), (2), (3), and (4).
</p>
<p>(3) From subsection (d)(1) because disclosure of records in the system could alert the subject of an actual or potential criminal, civil, or regulatory violation of the existence of that investigation, of the nature and scope of the information and evidence obtained as to his or her activities, of the identity of confidential witnesses and informants, of the investigative interest of the Organized Crime Drug Enforcement Task Forces, the Organized Crime Drug Enforcement Task Force Fusion Center, the International Organized Crime Intelligence and Operations Center, and other intelligence or law enforcement agencies (including those responsible for civil proceedings related to laws against drug trafficking or related financial crimes or international organized crime); could lead to the destruction of evidence, improper influencing of witnesses, fabrication of testimony, and/or flight of the subject; could reveal the details of a sensitive investigative or intelligence technique, or the identity of a confidential source; or could otherwise impede, compromise, or interfere with investigative efforts and other related law enforcement and/or intelligence activities. In addition, disclosure could invade the privacy of third parties and/or endanger the life, health, and physical safety of law enforcement personnel, confidential informants, witnesses, and potential crime victims. Access to records could also result in the release of information properly classified pursuant to Executive Order.
</p>
<p>(4) From subsection (d)(2) because amendment of the records thought to be inaccurate, irrelevant, incomplete, or untimely would also interfere with ongoing investigations, criminal or civil law enforcement proceedings, and other law enforcement activities; would impose an impossible administrative burden by requiring investigations, analyses, and reports to be continuously reinvestigated and revised; and may impact information properly classified pursuant to Executive Order.
</p>
<p>(5) From subsections (d)(3) and (4) because these subsections are inapplicable to the extent that exemption is claimed from subsections (d)(1) and (2) and for the reasons stated in &#167; 16.135(c)(3) and (c)(4).
</p>
<p>(6) From subsection (e)(1) because, in the course of their acquisition, collation, and analysis of information under the statutory authority granted, the Organized Crime Drug Enforcement Task Forces, the Organized Crime Drug Enforcement Task Force Fusion Center, and the International Organized Crime Intelligence and Operations Center will occasionally obtain information, including information properly classified pursuant to Executive Order, that concerns actual or potential violations of law that are not strictly within their statutory or other authority or may compile and maintain information which may not be relevant to a specific investigation or prosecution. This is because it is impossible to determine in advance what information collected during an investigation or in support of these mission activities will be important or crucial to an investigation. In the interests of effective law enforcement, it is necessary to retain such information in these systems of records because it can aid in establishing patterns of criminal activity of a suspect and can provide valuable leads for federal and other law enforcement agencies. This consideration applies equally to information acquired from, or collated or analyzed for, both law enforcement agencies and agencies of the U.S. foreign intelligence community and military community.
</p>
<p>(7) From subsection (e)(2) because in a criminal, civil, or regulatory investigation, prosecution, or proceeding, the requirement that information be collected to the greatest extent practicable from the subject individual would present a serious impediment to law enforcement because the subject of the investigation, prosecution, or proceeding would be placed on notice as to the existence and nature of the investigation, prosecution, or proceeding and would therefore be able to avoid detection or apprehension, to influence witnesses improperly, to destroy evidence, or to fabricate testimony. Moreover, thorough and effective investigation and prosecution may require seeking information from a number of different sources.
</p>
<p>(8) From subsection (e)(3) because to comply with the requirements of this subsection during the course of an investigation could impede the information-gathering process, thus hampering the investigation or intelligence gathering. Disclosure to an individual of investigative interest would put the subject on notice of that fact and allow the subject an opportunity to engage in conduct intended to impede that activity or avoid apprehension. Disclosure to other individuals would likewise put them on notice of what might still be a sensitive law enforcement interest and could result in the further intentional or accidental disclosure to the subject or other inappropriate recipients, convey information that might constitute unwarranted invasions of the personal privacy of other persons, unnecessarily burden law enforcement personnel in information-collection activities, and chill the willingness of witnesses to cooperate.
</p>
<p>(9) From subsections (e)(4)(G) and (H) because this system is exempt from the access and amendment provisions of subsection (d).
</p>
<p>(10) From subsection (e)(4)(I) to the extent that this subsection could be interpreted to require more detail regarding system record sources than has been published in the <i>Federal Register.</i> Should this subsection be so interpreted, exemption from this provision is necessary to protect the sources of law enforcement and intelligence information and to protect the privacy and safety of witnesses and informants and other information sources. Further, greater specificity could compromise other sensitive law enforcement information, techniques, and processes.
</p>
<p>(11) From subsection (e)(5) because the acquisition, collation, and analysis of information for law enforcement purposes from various agencies does not permit a determination in advance or a prediction of what information will be matched with other information and thus whether it is accurate, relevant, timely, and complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significance as further investigation brings new details to light, and the accuracy of such information can often only be determined in a court of law. The restrictions imposed by subsection (e)(5) would restrict the ability of trained investigators, intelligence analysts, and government attorneys to exercise their judgment in collating and analyzing information and would impede the development of criminal or other intelligence necessary for effective law enforcement.
</p>
<p>(12) From subsection (e)(8) because the individual notice requirements could present a serious impediment to law enforcement by revealing investigative techniques, procedures, evidence, or interest, and by interfering with the ability to issue warrants or subpoenas; could give persons sufficient warning to evade investigative efforts; and would pose an unacceptable administrative burden on the maintenance of these records and the conduct of the underlying investigations.
</p>
<p>(13) From subsections (f) and (g) because these subsections are inapplicable to the extent that the system is exempt from other specific subsections of the Privacy Act.
</p>
<p>[Order No. 006-2013, 78 FR 69754, Nov. 21, 2013; 78 FR 77586, Dec. 24, 2013]
</p><p><b>&#167; 16.136
 Exemption of the Department of Justice, Giglio Information System, Justice/DOJ-017.
</b></p>
<p>(a) The Department of Justice, Giglio Information Files (JUSTICE/DOJ-017) system of records is exempted 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. These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j) and/or (k).
</p>
<p>(b) Exemptions from the particular subsections are justified for the following reasons:
</p>
<p>(1) From subsection (c)(3) because this subsection is inapplicable to the extent that an exemption is being claimed for subsection (d).
</p>
<p>(2) From subsection (c)(4) because this subsection is inapplicable to the extent that an exemption is being claimed for subsection (d).
</p>
<p>(3) From subsection (d) because access to the records contained in this system may interfere with or impede an ongoing investigation as it may be related to allegations against an agent or witness who is currently being investigated. Further, other records that are derivative of the subject’s employing agency files may be accessed through the employing agency’s files.
</p>
<p>(4) From subsection (e)(1) because it may not be possible to determine in advance if potential impeachment records collected and maintained in order to sufficiently meet the Department’s <i>Giglio</i> requirements and obligations are all relevant and necessary. In order to ensure that the Department’s prosecutors and investigative agencies receive sufficient information to meet their obligations under <i>Giglio,</i> it is appropriate to maintain potential impeachment information in accordance with Department policy as such records could later be relevant and necessary in a different case in which the same witness or affiant subsequently testifies.
</p>
<p>(5) From subsection (e)(2) because collecting information directly from the subject individual could serve notice that the individual is the subject of investigation and because of the nature of the records in this system, which are used to impeach or demonstrate bias of a witness, requires that the information be collected from others.
</p>
<p>(6) From subsection (e)(3) because federal law enforcement officers receive notice from their supervisors and prosecuting attorneys that impeachment information may be used at trial. Law enforcement officers are also given notice by the <i>Giglio</i> decision itself.
</p>
<p>(7) From subsections (e)(4)(G), (H), and (I) because this system of records is exempt from the access and amendment provisions of subsection (d).
</p>
<p>(8) From subsection (e)(5) because it may not be possible to determine in advance if all potential impeachment records collected and maintained in order to sufficiently meet the Department’s <i>Giglio</i> requirements and obligations are all accurate, relevant, timely, and complete at the time of collection. Although the Department has policies in place to verify the records, the records may be originated from another agency, third party, or open source media and it may be impossible to ensure the accuracy, relevance, timeliness, and completeness of potential impeachment information maintained prior to and during the process of being verified.
</p>
<p>(9) From subsection (e)(8) because the nature of the <i>Giglio</i> discovery process renders notice of compliance with the compulsory discovery process impractical.
</p>
<p>(10) From subsections (f) and (g) because these subsections are inapplicable to the extent that the system is exempt from other specific subsections of the Privacy Act.
</p>
    <p>
        [Order No. 008-2015, 80 FR 34051, June 15, 2015]
    </p>
    <p>
        <b>&#167; 16.137 Exemption of the Department of Justice Insider Threat Program Records—limited access.</b>
    </p>
    <p> (a) The Department of Justice Insider Threat Program Records (JUSTICE/DOJ-018) system of records is exempted from subsections 5 U.S.C. 552a(c)(3) and (4); (d)(1), (2), (3) and (4); (e)(1), (2) and (3); (e)(4)(G), (H) and (I); (e)(5) and (8); (f) and (g) of the Privacy Act.  These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j) or (k).  Where DOJ determines compliance would not appear to interfere with or adversely affect the purpose of this system to detect, deter, and/or mitigate insider threats, the applicable exemption may be waived by the DOJ in its sole discretion. </p>
    <p> (b) Exemptions from the particular subsections are justified for the following reasons: </p>
    <p>  (1) From subsection (c)(3), the requirement that an accounting be made available to the named subject of a record, because this system is exempt from the access provisions of subsection (d).  Also, because making available to a record subject the accounting of disclosures of records concerning him/her would specifically reveal any insider threat-related interest in the individual by the DOJ or agencies that are recipients of the disclosures.  Revealing this information could compromise ongoing, authorized law enforcement and intelligence efforts, particularly efforts to identify and/or mitigate insider threats.  Revealing this information could also permit the record subject to obtain valuable insight concerning the information obtained during any investigation and to take measures to impede the investigation, e.g., destroy evidence or flee the area to avoid the investigation. </p>
    <p>  (2) From subsection (c)(4) notification requirements because this system is exempt from the access and amendment provisions of subsection (d) as well as the accounting of disclosures provision of subsection (c)(3).  The DOJ takes seriously its obligation to maintain accurate records despite its assertion of this exemption, and to the extent it, in its sole discretion, agrees to permit amendment or correction of DOJ records, it will share that information in appropriate cases. </p>
    <p>  (3) From subsection (d)(1), (2), (3) and (4), (e)(4)(G) and (H), (e)(8), (f) and (g) because these provisions concern individual access to and amendment of law enforcement, intelligence and counterintelligence, and counterterrorism records, and compliance with these provisions could alert the subject of an authorized law enforcement or intelligence activity about that particular activity and the interest of the DOJ and/or other law enforcement or intelligence agencies.  Providing access could compromise or lead to the compromise of information classified to protect national security; disclose information that would constitute an unwarranted invasion of another’s personal privacy; reveal a sensitive investigative or intelligence technique; disclose or lead to disclosure of information that would allow a subject to avoid detection or apprehension; or constitute a potential danger to the health or safety of law enforcement personnel, confidential sources, or witnesses. </p>
    <p> (4) From subsection (e)(1) because it is not always possible to know in advance what information is relevant and necessary for law enforcement and intelligence purposes.  The relevance and utility of certain information that may have a nexus to insider threats may not always be fully evident until and unless it is vetted and matched with other information necessarily and lawfully maintained by the DOJ. </p>
    <p>  (5) From subsection (e)(2) and (3) because application of these provisions could present a serious impediment to efforts to detect, deter and/or mitigate insider threats.  Application of these provisions would put the subject of an investigation on notice of the investigation and allow the subject an opportunity to engage in conduct intended to impede the investigative activity or avoid apprehension.  </p>
    <p>
        (6) From subsection (e)(4)(I), to the extent that this subsection is interpreted to require more detail regarding the record sources in this system than has been published in the <i>Federal Register</i>.  Should the subsection be so interpreted, exemption from this provision is necessary to protect the sources of law enforcement and intelligence information and to protect the privacy and safety of witnesses and informants and others who provide information to the DOJ.  Further, greater specificity of sources of properly classified records could compromise national security.
    </p>
    <p> (7) From subsection (e)(5) because in the collection of information for authorized law enforcement and intelligence purposes, including efforts to detect, deter, and/or mitigate insider threats, due to the nature of investigations and intelligence collection, the DOJ often collects information that may not be immediately shown to be accurate, relevant, timely, and complete, although the DOJ takes reasonable steps to collect only the information necessary to support its mission and investigations.  Additionally, the information may aid DOJ in establishing patterns of activity and provide criminal or intelligence leads.  It could impede investigative progress if it were necessary to assure relevance, accuracy, timeliness and completeness of all information obtained throughout the course and within the scope of an investigation.  Further, some of the records in this system may come from other domestic or foreign government entities, or private entities, and it would not be administratively feasible for the DOJ to vouch for the compliance of these agencies with this provision. </p>
    <p>[82 FR 43176, Sept. 14, 2017]</p>  
</xhtmlContent>
</regulationsPart>
</regulationsChapter>
</regulationsTitle>
</regulations>
<regulations id="reg2" toc="yes">
<regulationsTitle number="28">
<heading>Judicial Administration</heading>
<regulationsChapter number="V">
<heading>BUREAU OF PRISONS, DEPARTMENT OF JUSTICE</heading>
<regulationsPart number="513">
<heading>ACCESS TO RECORDS</heading>
<xhtmlContent>	   
	<p><b>Subpart D--Release of Information </b></p>
<p>Sec.</p>
<p>513.30 Purpose and scope. </p>
<p>513.31 Limitations. </p>
<p>513.32 Guidelines for disclosure. </p>
<p>513.33 Production of records in court. </p>
<p>513.34 Protection of individual privacy--disclosure of records to third parties. </p>
<p>513.35 Accounting/nonaccounting of disclosures to third parties. </p>
<p>513.36 Government contractors. </p>

<p><i>Inmate Requests to Institution for Information </i></p>
<p>513.40 Inmate access to Inmate Central File. </p>
	<p>513.41 Inmate access to Inmate Central File in connection with parole hearings. </p>
<p>513.42 Inmate access to medical records. </p>
<p>513.43 Inmate access to certain Bureau Program Statements. </p>
<p>513.44 Fees for copies of Inmate Central File and Medical Records. </p>

<p><i>Privacy Act Requests for Information </i></p>
<p>513.50 Privacy Act requests by inmates. </p>

<p><i>Freedom of Information Act Requests for Information</i> </p>
<p>513.60 Freedom of Information Act requests. </p>
<p>513.61 Freedom of Information Act requests by inmates. </p>
<p>513.62 Freedom of Information Act requests by former inmates. </p>
<p>513.63 Freedom of Information Act requests on behalf of an inmate or former inmate. </p>
<p>513.64 Acknowledgment of Freedom of Information Act requests. </p>
<p>513.65 Review of documents for Freedom of Information Act requests. </p>
<p>513.66 Denials and appeals of Freedom of Information Act requests. </p>
<p>513.67 Fees for Freedom of Information Act requests. </p>
<p>513.68 Time limits for responses to Freedom of Information Act requests.</p>
<p><b>Authority:</b>5 U.S.C. 301, 552, 552a; 13 U.S.C.; 18 U.S.C. 3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to conduct occurring on or after November 1, 1987), 5006-5024 (Repealed October 12, 1984, as to conduct occurring after that date), 5039; 28 U.S.C. 509, 510; 31 U.S.C. 3711(f); 5 CFR part 297; 28 CFR 0.95-0.99 and parts 16 and 301.
</p><p><b>Source:</b> 45 FR 44228, June 30, 1980, unless otherwise noted.
</p><p>513.50 Privacy Act requests by inmates. 
</p><p><b>Authority:</b> 5 U.S.C. 301, 552, 552a; 13 U.S.C.; 18 U.S.C. 3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to conduct occurring on or after November 1, 1987), 5006-5024 (Repealed October 12, 1984, as to conduct occurring after that date), 5039; 28 U.S.C. 509, 510; 31 U.S.C. 3711(f); 5 CFR part 297; 28 CFR 0.95-0.99 and parts 16 and 301. 
</p><p><b>Source:</b> 45 FR 44228, June 30, 1980, unless otherwise noted.</p>
<p>&#167; 513.30 
 Purpose and scope. 
</p>
<p>This subpart establishes procedures for the release of requested records in possession of the Federal Bureau of Prisons ("Bureau"). It is intended to implement provisions of the Freedom of Information Act (FOIA), 5 U.S.C. 552, and the Privacy Act, 5 U.S.C. 552a, and to supplement Department of Justice (DOJ) regulations concerning the production or disclosure of records or information, 28 CFR part 16. 

</p>
<p>&#167; 513.31 
 Limitations. 
</p>
<p>(a) <i>Social Security Numbers.</i> As of September 27, 1975, Social Security Numbers may not be used in their entirety as a method of identification for any Bureau record system, unless such use is authorized by statute or by regulation adopted prior to January 1, 1975. 
</p>
<p>(b) <i>Employee records.</i> Access and amendment of employee personnel records under the Privacy Act are governed by Office of Personnel Management regulations published in 5 CFR part 297 and by Department of Justice regulations published in 28 CFR part 16. 

</p>
<p>&#167; 513.32 
 Guidelines for disclosure. 
</p>
<p>The Bureau provides for the disclosure of agency information pursuant to applicable laws, e.g. the Freedom of Information Act (5 U.S.C. 552), and the Privacy Act (5 U.S.C. 552a). 

</p>
<p>&#167; 513.33 
 Production of records in court. 
</p>
<p>Bureau records are often sought by subpoena, court order, or other court demand, in connection with court proceedings. The Attorney General has directed that these records may not be produced in court without the approval of the Attorney General or his or her designee. The guidelines are set forth in 28 CFR part 16, subpart B. 

</p>
<p>&#167; 513.34 
 Protection of individual privacy--disclosure of records to third parties. 
</p>
<p>(a) Information that concerns an individual and is contained in a system of records maintained by the Bureau shall not be disclosed to any person, or to another agency except under the provisions of the Privacy Act, 5 U.S.C. 552a, the Freedom of Information Act, 5 U.S.C. 552, and Departmental regulations. 
</p>
<p>(b) Lists of Bureau inmates shall not be disclosed. 

</p>
<p>&#167; 513.35 
 Accounting/nonaccounting of disclosures to third parties. 
</p>
<p>Accounting/nonaccounting of disclosures to third parties shall be made in accordance with Department of Justice regulations contained in 28 CFR 16.52. 

</p>
<p>&#167; 513.36 
 Government contractors. 
</p>
<p>(a) No Bureau component may contract for the operation of a record system by or on behalf of the Bureau without the express written approval of the Director or the Director’s designee. 
</p>
<p>(b) Any contract which is approved shall contain the standard contract requirements promulgated by the General Services Administration (GSA) to ensure compliance with the requirements imposed by the Privacy Act. The contracting component shall have the responsibility to ensure that the contractor complies with the contract requirements relating to privacy. 
</p><p><i>Inmate Requests to Institution for Information 

</i></p>
<p>&#167; 513.40 
 Inmate access to Inmate Central File. 
</p>
<p>Inmates are encouraged to use the simple access procedures described in this section to review disclosable records maintained in his or her Inmate Central File, rather than the FOIA procedures described in &#167;&#167; 513.60 through 513.68 of this subpart. Disclosable records in the Inmate Central File include, but are not limited to, documents relating to the inmate’s sentence, detainer, participation in Bureau programs such as the Inmate Financial Responsibility Program, classification data, parole information, mail, visits, property, conduct, work, release processing, and general correspondence. This information is available without filing a FOIA request. If any information is withheld from the inmate, staff will provide the inmate with a general description of that information and also will notify the inmate that he or she may file a FOIA request. 
</p>
<p>(a) <i>Inmate review of his or her Inmate Central File.</i> An inmate may at any time request to review all disclosable portions of his or her Inmate Central File by submitting a request to a staff member designated by the Warden. Staff are to acknowledge the request and schedule the inmate, as promptly as is practical, for a review of the file at a time which will not disrupt institution operations. 
</p>
<p>(b) <i>Procedures for inmate review of his or her Inmate Central File.</i> (1) Prior to the inmate’s review of the file, staff are to remove the Privacy Folder which contains documents withheld from disclosure pursuant to &#167; 513.32. 
</p>
<p>(2) During the file review, the inmate is to be under direct and constant supervision by staff. The staff member monitoring the review shall enter the date of the inmate’s file review on the Inmate Activity Record and initial the entry. Staff shall ask the inmate to initial the entry also, and if the inmate refuses to do so, shall enter a notation to that effect. 
</p>
<p>(3) Staff shall advise the inmate if there are documents withheld from disclosure and, if so, shall advise the inmate of the inmate’s right under the provisions of &#167; 513.61 to make a FOIA request for the withheld documents. 

</p>
<p>&#167; 513.41 
 Inmate access to Inmate Central File in connection with parole hearings. 
</p>
<p>A parole-eligible inmate (an inmate who is currently serving a sentence for an offense committed prior to November 1, 1987) may review disclosable portions of the Inmate Central File prior to the inmate’s parole hearing, under the general procedures set forth in &#167; 513.40. In addition, the following guidelines apply: 
</p>
<p>(a) A parole-eligible inmate may request to review his or her Inmate Central File by submitting the appropriate Parole Commission form. This form ordinarily shall be available to each eligible inmate within five work days after a list of eligible inmates is prepared. 
</p>
<p>(b) Bureau staff ordinarily shall schedule an eligible inmate for a requested Inmate Central File review within seven work days of the request after the inmate has been scheduled for a parole hearing. A reasonable extension of time is permitted for documents which have been provided (prior to the inmate’s request) to originating agencies for clearance, or which are otherwise not available at the institution. 
</p>
<p>(c) A report received from another agency which is determined to be nondisclosable (see &#167; 513.40(b)) will be summarized by that agency, in accordance with Parole Commission regulations. Bureau staff shall place the summary in the appropriate disclosable section of the Inmate Central File. The original report (or portion which is summarized in another document) will be placed in the portion of the Privacy File for Joint Use by the Bureau and the Parole Commission. 
</p>
<p>(d) Bureau documents which are determined to be nondisclosable to the inmate will be summarized for the inmate’s review. A copy of the summary will be placed in the disclosable section of the Inmate Central File. The document from which the summary is taken will be placed in the Joint Use Section of the Privacy Folder. Nondisclosable documents not summarized for the inmate’s review are not available to the Parole Commission and are placed in a nondisclosable section of the Inmate Central File. 
</p>
<p>(e) When no response regarding disclosure has been received from an originating agency in time for inmate review prior to the parole hearing, Bureau staff are to inform the Parole Commission Hearing Examiner. 

</p>
<p>&#167; 513.42 
 Inmate access to medical records. 
</p>
<p>(a) Except for the limitations of paragraphs (c) and (d) of this section, an inmate may review records from his or her medical file (including dental records) by submitting a request to a staff member designated by the Warden. 
</p>
<p>(b) Laboratory reports which contain only scientific testing results and which contain no staff evaluation or opinion (such as Standard Form 514A, Urinalysis) are ordinarily disclosable. Lab results of HIV testing may be reviewed by the inmate. However, an inmate may not retain a copy of his or her test results while the inmate is confined in a Bureau facility or a Community Corrections Center. A copy of an inmate’s HIV test results may be forwarded to a third party outside the institution and chosen by the inmate, provided that the inmate gives written authorization for the disclosure. 
</p>
<p>(c) Medical records containing subjective evaluations and opinions of medical staff relating to the inmate’s care and treatment will be provided to the inmate only after the staff review required by paragraph (d) of this section. These records include, but are not limited to, outpatient notes, consultation reports, narrative summaries or reports by a specialist, operative reports by the physician, summaries by specialists as the result of laboratory analysis, or in-patient progress reports. 
</p>
<p>(d) Prior to release to the inmate, records described in paragraph (c) of this section shall be reviewed by staff to determine if the release of this information would present a harm to either the inmate or other individuals. Any records determined not to present a harm will be released to the inmate at the conclusion of the review by staff. If any records are determined by staff not to be releasable based upon the presence of harm, the inmate will be so advised in writing and provided the address of the agency component to which the inmate may address a formal request for the withheld records. An accounting of any medical records will be maintained in the inmate’s medical file. 

</p>
<p>&#167; 513.43
 Inmate access to certain Bureau Program Statements. 
</p>
<p>Inmates are encouraged to use the simple local access procedures described in this section to review certain Bureau Program Statements, rather than the FOIA procedures described in &#167;&#167; 513.60 through 513.68 of this subpart. 
</p>
<p>(a) For a current Bureau Program Statement containing rules (regulations published in the <i>Federal Register</i> and codified in 28 CFR), local access is available through the institution law library. 
</p>
<p>(b) For a current Bureau Program Statement not containing rules (regulations published in the <i>Federal Register</i> and codified in 28 CFR), inmates may request that it be placed in the institution law library. Placement of a requested Program Statement in the law library is within the discretion of the Warden, based upon local institution conditions. 
</p>
<p>(c) Inmates are responsible for the costs of making personal copies of any Program Statements maintained in the institution law library. For copies of Program Statements obtained under the FOIA procedures described in &#167;&#167; 513.60 through 513.68 of this subpart, fees will be calculated in accordance with 28 CFR 16.10. 

</p>
<p>&#167; 513.44
 Fees for copies of Inmate Central File and Medical Records. 
</p>
<p>Within a reasonable time after a request, Bureau staff are to provide an inmate personal copies of requested disclosable documents maintained in the Inmate Central File and Medical Record. Fees for the copies are to be calculated in accordance with 28 CFR 16.10. 
</p><p><i>Privacy Act Requests for Information 

</i></p>
<p>&#167; 513.50
 Privacy Act requests by inmates. 
</p>
<p>Because inmate records are exempt from disclosure under the Privacy Act (see 28 CFR 16.97), inmate requests for records under the Privacy Act will be processed in accordance with the FOIA. See &#167;&#167; 513.61 through 513.68. 
</p><p><i>Freedom of Information Act Requests for Information 

</i></p>
<p>&#167; 513.60
 Freedom of Information Act requests. 
</p>
<p>Requests for any Bureau record (including Program Statements and Operations Memoranda) ordinarily shall be processed pursuant to the Freedom of Information Act, 5 U.S.C. 552. Such a request must be made in writing and addressed to the Director, Federal Bureau of Prisons, 320 First Street, NW., Washington, D.C. 20534. The requester shall clearly mark on the face of the letter and the envelope "FREEDOM OF INFORMATION REQUEST," and shall clearly describe the records sought. See &#167;&#167; 513.61 through 513.63 for additional requirements. 

</p>
<p>&#167; 513.61
 Freedom of Information Act requests by inmates. 
</p>
<p>(a) Inmates are encouraged to use the simple access procedures described in &#167; 513.40 to review disclosable records maintained in his or her Inmate Central File. 
</p>
<p>(b) An inmate may make a request for access to documents in his or her Inmate Central File or Medical File (including documents which have been withheld from disclosure during the inmate’s review of his or her Inmate Central File pursuant to &#167; 513.40) and/or other documents concerning the inmate which are not contained in the Inmate Central File or Medical File. Staff shall process such a request pursuant to the applicable provisions of the Freedom of Information Act, 5 U.S.C. 552. 
</p>
<p>(c) The inmate requester shall clearly mark on the face of the letter and on the envelope "FREEDOM OF INFORMATION ACT REQUEST", and shall clearly describe the records sought, including the approximate dates covered by the record. An inmate making such a request must provide his or her full name, current address, date and place of birth. In addition, if the inmate requests documents to be sent to a third party, the inmate must provide with the request an example of his or her signature, which must be verified and dated within three (3) months of the date of the request. 

</p>
<p>&#167; 513.62 
 Freedom of Information Act requests by former inmates. 
</p>
<p>Former federal inmates may request copies of their Bureau records by writing to the Director, Federal Bureau of Prisons, 320 First Street, NW., Washington, D.C. 20534. Such requests shall be processed pursuant to the provisions of the Freedom of Information Act. The request must be clearly marked on the face of the letter and on the envelope "FREEDOM OF INFORMATION ACT REQUEST", and must describe the record sought, including the approximate dates covered by the record. A former inmate making such a request must provide his or her full name, current address, date and place of birth. In addition, the requester must provide with the request an example of his or her signature, which must be either notarized or sworn under penalty of perjury, and dated within three (3) months of the date of the request. 

</p>
<p>&#167; 513.63 
 Freedom of Information Act requests on behalf of an inmate or former inmate. 
</p>
<p>A request for records concerning an inmate or former inmate made by an authorized representative of that inmate or former inmate will be treated as in &#167; 513.61, on receipt of the inmate’s or former inmate’s written authorization. This authorization must be dated within three (3) months of the date of the request letter. Identification data, as listed in 28 CFR 16.41, must be provided. 

</p>
<p>&#167; 513.64 
 Acknowledgment of Freedom of Information Act requests. 
</p>
<p>(a) All requests for records under the Freedom of Information Act received by the FOI/PA Administrator, Office of General Counsel, will be reviewed and may be forwarded to the appropriate Regional Office for proper handling. Requests for records located at a Bureau facility other than the Central Office or Regional Office may be referred to the appropriate staff at that facility for proper handling. 
</p>
<p>(b) The requester shall be notified of the status of his or her request by the office with final responsibility for processing the request. 

</p>
<p>&#167; 513.65 
 Review of documents for Freedom of Information Act requests. 
</p>
<p>If a document is deemed to contain information exempt from disclosure, any reasonably segregable portion of the record shall be provided to the requester after deletion of the exempt portions. If documents, or portions of documents, in an Inmate Central File have been determined to be nondisclosable by institution staff but are later released by Regional or Central Office staff pursuant to a request under this section, appropriate instructions will be given to the institution to move those documents, or portions, from the Inmate Privacy Folder into the disclosable section of the Inmate Central File. 

</p>
<p>&#167; 513.66 
 Denials and appeals of Freedom of Information Act requests. 
</p>
<p>If a request made pursuant to the Freedom of Information Act is denied in whole or in part, a denial letter must be issued and signed by the Director or his or her designee, and shall state the basis for denial under &#167; 513.32. The requester who has been denied such access shall be advised that he or she may appeal that decision to the Office of Information and Privacy, U.S. Department of Justice, Suite 570, Flag Building, Washington, D.C. 20530. Both the envelope and the letter of appeal itself should be clearly marked: "Freedom of Information Act Appeal." 

</p>
<p>&#167; 513.67 
 Fees for Freedom of Information Act requests. 
</p>
<p>Fees for copies of records disclosed under the FOIA, including fees for a requester’s own records, may be charged in accordance with Department of Justice regulations contained in 28 CFR 16.10. 

</p>
<p>&#167; 513.68 
 Time limits for responses to Freedom of Information Act requests. 
</p>
<p>Consistent with sound administrative practice and the provisions of 28 CFR 16.1, the Bureau strives to comply with the time limits set forth in the Freedom of Information Act.

</p>
</xhtmlContent>
</regulationsPart>
</regulationsChapter>
</regulationsTitle>
</regulations>
</agency>
</pai>
