[Federal Register Volume 59, Number 174 (Friday, September 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22333]


[[Page Unknown]]

[Federal Register: September 9, 1994]


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DEPARTMENT OF JUSTICE
[AAG/A Order No. 93-94]

 

Privacy Act of 1974; Notice of New System of Records

    Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), notice is 
given that the Justice Management Division, Department of Justice, 
proposes to establish a new system of records entitled ``Office of 
General Counsel (OGC) Correspondence and Advice Tracking System 
(CATS).''
    Title 5 U.S.C. 552a(e) (4) and (11) provide that the public be 
provided a 30-day period in which to comment on the routine uses of a 
system of records. The Office of Management and Budget (OMB), which has 
oversight responsibility under the Act, requires that it have 40-days 
in which to review the system.
    Therefore, please submit any comments by October 11, 1994. The 
public, OMB, and the Congress are invited to send written comments to 
Richard P. Theis, Esq., Office of General Counsel, Justice Management 
Division, Department of Justice, Washington, D.C. 20530 (Room 6313, 
Main Building).
    In accordance with 5 U.S.C. 552a(r), the Department of Justice has 
provided a report on the proposed system to OMB and the Congress.

    Dated: August 18, 1994.
Stephen R. Colgate,
Assistant Attorney General for Administration.
Justice/JMD-011
    ``Office of General Counsel (OGC) Correspondence and Advice 
Tracking System (CATS).
    United States Department of Justice (DOJ), Justice Management 
Division, Office of General Counsel (OGC), Main Building, Washington, 
D.C. 20530.
    Individual(s) who have written to OGC; litigants in actions 
involving the Justice Management Division; individuals requesting, 
through their congressional representatives, information about matters 
pertaining to JMD; contractors doing business with JMD; individuals 
corresponding with DOJ on matters related to the Newspaper Preservation 
Act; and individuals who are specifically identified in the subject 
matter heading of the correspondence/requests for advice received by 
OGC.
    Generally, OGC receives requests for legal assistance and provides 
legal advice. In addition, OGC conducts legal sufficiency reviews; 
responds to public and congressional inquiries; reviews financial 
disclosure forms; conducts administrative litigation; and prepares 
legal guidance on a variety of subjects and serves as clerk to the 
Assistant Attorney General for Administration on matters relating to 
the Newspaper Preservation Act. Also, OGC receives and reviews 
summonses and complaints and determines whether a suit names the 
Attorney General in an individual capacity.
    Documents received that initiate, or respond, to requests for OGC 
assistance, become the subject of reports that OGC stores 
electronically in the system. Each report contains a number of 
identifiers, (i.e., fields of data), that, when queried by name or 
title (e.g., name of correspondent, control number, record date, name 
of staff assigned to a record, record type (e.g., letter, memorandum, 
pleading, etc.)), allows the user to search information stored in the 
system, and to determine the status of assignments within OGC. OGC 
creates a report for most correspondence received.
    5 U.S.C. Sec. 301.
    The Correspondence and Advice Tracking System provides OGC with the 
capability to control and track most of the correspondence and requests 
for assistance. The electronic programming allows OGC staff to search 
quickly through CATS and ascertain a variety of information about the 
records. For example, OGC staff can direct CATS to search a specific 
field of data maintained about a record, and identify the OGC staff 
member assigned to the matter, or ascertain the date upon which an OGC 
staff member must take an action with respect to the record matter. 
Similarly, a CATS search can reveal if a matter in the OGC assignment 
inventory has been completed, or has left the office for review by 
another Department of Justice component. OGC staff using CATS can 
insure timely responses to requests for legal advice; eliminate the 
need of duplicative efforts on similar issues; and use it as a 
management tool in allocating resources among OGC staff and evaluating 
the performance of individuals assigned to matters; and/or take any 
other action required. Information maintained that comes within the 
coverage of the Privacy Act, will be provided by the individual under 
most circumstances. For example, when a person files suit against the 
Attorney General, OGC will create a report in CATS to acknowledge the 
receipt of the suit, and include in the report the name of the 
plaintiff.
    Use of CATS is limited to OGC staff, and DOJ officials who need 
access to perform official duties. OGC staff uses the records in CATS, 
primarily, for managing the flow of work within OGC; secondarily, for 
tracking the movement of documents between offices within DOJ; and, 
thirdly, to assist in the evaluation of OGC employee performance. OGC 
would not disclose relevant information when using the records in these 
ways because only those whose duties require access obtain disclosure. 
OGC may disclose relevant information from this system as follows:
    (a) To other Federal agencies, or to State and local governments 
where the record(s) concerns a matter which is also within the 
jurisdiction of such agency, or of which such agency may otherwise have 
a responsibility and only if such disclosure is appropriate to assure 
complete action on the matter.
    (b) To individuals, information about the date and circumstances of 
service of process on the Attorney General where disclosure is deemed 
necessary to evidence the filing of such a suit.
    (c) In a proceeding before a court or administrative body before 
which DOJ appears and when such records are determined by DOJ, or the 
adjudicator, to be arguably relevant to the proceeding.
    (d) To a Member of Congress, or staff of a member 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.
    (e) 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.
    (f) To the news media and the public pursuant to 28 C.F.R. 
Sec. 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.
    The system, a computerized data base, is stored on hard or floppy 
disks, and any printed copy(ies) of records in the system may be stored 
in binders, or folders that are maintained by OGC staff within the 
offices of OGC.
    Data in the system are indexed by a number of identifiers (i.e., 
fields of data), such as the date of the incoming correspondence; 
subject matter; name of transmitting office/individual; name of OGC 
staff person handling the matter; control numbers assigned to the 
record by OGC and/or the JMD Executive Secretariat; date of making the 
record; record type, (e.g., request for legal assistance, contract 
review, ethics, etc.); response due date, if any; etc.
    Use of one, or more, of these identifiers, including a field 
containing the name of an individual, permits a computerized search of 
the data base, and the retrieval of a particular record(s).
    OGC maintains on the system unclassified data only. Access to 
information stored in the automated data bases of the system requires 
the use of the proper passwords and user identification codes. Hard 
copies of records produced from the data base are maintained in the 
possession of the Systems Manager. Only those OGC personnel who require 
access to perform their official duties may access the information in 
the system.
    Pursuant to the National Archives and Records Service, General 
Records Schedule 23, Item 8, OGC shall destroy or delete the 
computerized reports that make up the system when those reports are no 
longer needed.
    General Counsel, Justice Management Division, U.S. Department of 
Justice, Main Building, Room 6313, Washington, D.C. 20530.
    Address requests to the system manager identified immediately 
above. To obtain a specific record, provide the system manager with the 
name of the individual who corresponded with OGC and the date of the 
correspondence, and describe the subject matter of the correspondence.
    Address requests to the system manager identified above and clearly 
mark the request as a ``Privacy Access Request.''
    Address a contest to the information retained in the system, or a 
request to amend such record(s) to the system manager identified above, 
and provide a clear and concise statement of the information being 
contested, the reasons for making the contest, and state how the 
proposed amendment should amend the record(s).
    OGC personnel enter into the system information obtained from 
staffs within the Justice Management Division, other components of DOJ, 
other Federal agencies, Congressional offices, the general public, 
parties to litigation in which DOJ or the Justice Management Division 
is involved.
    None.

[FR Doc. 94-22333 Filed 9-8-94; 8:45 am]
BILLING CODE 4410-01-M