[Federal Register Volume 59, Number 168 (Wednesday, August 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21420]


[[Page Unknown]]

[Federal Register: August 31, 1994]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

[AAG/A Order No. 91-94]

 

Privacy Act of 1974; Modified System of Records

    Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), the Office of 
the Deputy Attorney General proposes to modify the following system of 
records:

Special Candidates for Presidential Appointments Records System, 
Justice/DAG-008

    Specifically, the above system name, as it now appears in the 
Department's compilation of Privacy Act systems of records, is revised 
to read:

Special Candidates for Presidential Appointments and Noncareer SES 
Positions Records System, Justice/DAG-008

    In addition, a number of minor edits are made to the system of 
records to improve readability, to expand appointments covered by the 
system and to modify two existing routine uses. We have also added a 
``Purpose'' statement to better inform the public regarding the nature 
of this system of records.
    The current notice indicates that the ``Categories of individuals 
covered by the system'' include individuals being considered for 
presidential appointments as ``heads of divisions or sections'' of the 
Department of Justice. The categories of individuals covered by the 
system have been modified to include deputy division heads and 
noncareer SES positions.
    The routine use permitting disclosure to the National Archives and 
Records Service (NARS), General Services Administration (GSA) for 
records management inspections has been modified. The routine use has 
been modified consistent with Public Law 98-497 (44 U.S.C. 2102) which 
renamed NARS as the ``National Archives and Records Administration'' 
(NARA), and established it as a separate agency which nevertheless 
would continue to share its records management inspection 
responsibilities with GSA. Accordingly, the routine use has been 
changed to show that NARA and GSA share responsibility for records 
management inspections conducted under the authority of 44 U.S.C. 2904 
and 2906.
    The routine use which permits disclosure for law enforcement 
purposes has been modified to indicate that the record must indicate a 
violation or a potential violation of law before it may be disclosed to 
law enforcement agencies.
    Comments may be addressed to Robert M. Zanger, Systems Policy 
Staff, Information Resources Management, Justice Management Division, 
Department of Justice, Washington, DC 20530 (room 850, WCTR Building). 
Please submit any comments by September 30, 1994.

    Dated: August 16, 1994.
Stephen R. Colgate,
Assistant Attorney General for Administration.

JUSTICE/DAG-008

System name:

    Special Candidates for Presidential Appointments and Noncareer SES 
Positions Records System.

System location:

    Office of the Deputy Attorney General; United States Department of 
Justice; 10th and Constitution Avenue, NW., Washington, DC 20530.

Categories of individuals covered by the system:

    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.

Categories of records in the system:

    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 resumes, 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.

Authority for maintenance of the system:

    These records are maintained pursuant to 5 U.S.C. 301.

Purpose(s):

    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.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:

    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.
    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.
    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.
    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.
    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. 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.
    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.
    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.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:

Storage:

    These records are stored in paper holders.

Retrievability:

    Information is retrieved by the name of individuals seeking 
appointment as the files are arranged alphabetically by same.

Safeguards:

    These records are in cabinets in a locked room.

Retention and disposal:

    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.

System manager(s) and address:

    Associate Deputy Attorney General, Office of the Deputy Attorney 
General, United States Department of Justice, 10th and Constitution 
Avenue NW., Washington, DC. 20530.

Notification procedure:

    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.

Record access procedure:

    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.''

Contesting record procedures:

    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.

Record source categories:

    Sources of information include the general public, the subjects of 
the records themselves, government agencies when appropriate, and 
parties who know the record subject.

Systems exempted from certain provisions of the act:

    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 Federal 
Register.

[FR Doc. 94-21420 Filed 8-30-94; 8:45 am]
BILLING CODE 4410-01