[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Notices]
[Pages 50870-50872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24836]


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DEPARTMENT OF JUSTICE
[AAG/A Order No. 121-96]


Privacy Act of 1974; New System of Records

    Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 
552a), the Justice Management Division is establishing a system of 
records entitled ``Department of Justice Call Detail Records, Justice/
JMD-012.''
    5 U.S.C. 552a(e)(4) and (11) provide that the public be given a 30-
day period in which to comment on the routine uses of a new system. The 
Office of Management and Budget (OMB), which has oversight 
responsibility under the Act, requires a 40-day period in which to 
review the proposed system. Therefore, please submit any comments by 
October 28, 1996. The public, OMB, and the Congress are invited to 
submit comments to Patricia E. Neely, Program Analyst, Information 
Management and Security Staff, Justice Management Division, Department 
of Justice, Washington, DC 20530 (Room 850, WCTR Building).
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report on this system to OMB and the Congress.
    The system description is printed below.

    Dated: August 28, 1996.
Stephen R. Colgate,
Assistant Attorney General for Administration.
Justice/JMD-012
    Department of Justice (DOJ) Call Detail Records, Justice/JMD-012.
    Telecommunications Services Staff, Justice Management Division, 
Department of Justice, Washington, D.C., 20530. (Most of the records 
are electronic, and the scope of such electronic records includes calls 
made to or from DOJ telephones serviced by the Washington Area Switch 
Program.)
    Individuals originating calls from DOJ telephones and individuals 
receiving such calls; individuals placing calls to and/or charging 
calls to, DOJ telephones; and individuals receiving such calls, and/or 
accepting any charges therefor. The primary record subjects are former 
and current DOJ employees, as well as individuals employed under any 
employment arrangement such as a contract or cooperative agreement; 
grantees; or other persons performing a service on behalf of DOJ. 
Incidental to the coverage of the primary record subjects are non-
employees who may be identified by telephone number during an inquiry 
or investigation relating to a potential improper or unofficial use of 
Government telephones or other illegal or improper activity by the 
primary record subject.
    Records in this system of records relate to telephone calls placed 
to and from DOJ telephones.
    Records may include such information as the number called from, the 
number called, time and date of call, duration, disposition and cost of 
the call and/or charges accepted, origination and destination of the 
call, and the DOJ component to which the relevant telephone numbers are 
assigned. Call activity, e.g., ``no answer'' may also be recorded. In 
addition, the system may include copies of related records, e.g., any 
periodic summaries which may have been compiled to reflect the total 
number of long distance calls made.
    The database(s) from which telephone numbers are retrieved will not 
contain names or similar personal identifiers such as the social 
security number. However, because of the evolution of the technology 
which permits the electronic recording of the origination and 
destination of telephone calls, a name may be associated with the 
telephone number.
    This system of records is maintained pursuant to 44 U.S.C. 3101, 
which authorizes agencies to create and preserve records documenting 
agency organizations, functions, procedures, and transactions; 31 
U.S.C. 1348(b) which authorizes the use of appropriated funds to pay 
for long distance calls only if required for official business or 
necessary in the interests of the Government; and 41 CFR Subpart 201-
21.6 (FIRMR) and Section 128-1.5006-4 (JPMR) which authorizes certain 
uses of Government telephone systems.
    Information in this system of records is used by DOJ managers and 
employees to plan and manage telephone services in an efficient and 
economical manner and to otherwise perform their official duties. Such 
use may include access by auditors and investigators such as that 
authorized by the Inspector General Act of 1978. DOJ managers may use 
the records in this system to assign responsibility for long distance 
telephone calls; to certify that long distance telephone calls made by 
DOJ employees were made to conduct Government business or were 
otherwise authorized; to initiate action to recover the cost of 
improper and/or unofficial long distance calls; where appropriate, to 
initiate disciplinary or other such action; and/or where the record(s) 
may appear to indicate a violation or potential violation of law, refer 
such

[[Page 50871]]

record(s) to the appropriate investigative arm of DOJ, or other law 
enforcement agency for investigation.
    The Department does not normally disclose recoards from this system 
of records. However, in the event it is appropriate, disclosure of 
relevant information may be made in accordance with the disclosure 
provisions cited below.
    1. To members of Congress or staff to respond to inquiries made on 
behalf of individual constituents that are record subjects.
    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.
    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.
    4. To respond to a Federal agency's request made in connection 
with: The hiring 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; 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 requesting agency, but only to the extent that the 
information disclosed is relevant and necessary to the requesting 
agency's decision on the matter.
    5. To a telecommunications company or other provider of services to 
permit servicing of the account or communications equipment; or 
otherwise to such contractors, grantees, or volunteers as are 
performing a service or working under a related contract, grant, 
cooperative agreement, or other employment arrangement.
    6. To provide call detail or call detail related information to 
individuals covered by the system or to any person(s) who may assist in 
identifying and determining their own or other individual's 
responsibility for telephone calls.
    7. In response to a request for discovery or for the appearance of 
a witness, to the extent that what is disclosed is relevant and 
necessary to the subject matter involved in a pending judicial or 
administrative proceeding.
    8. To an actual or potential party or 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.
    9. In the event that material in this system of records appears to 
indicate 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 disclosed to the appropriate agency, whether 
Federal, State, local, or foreign, charged with the responsibility 
therefor.
    10. In a proceeding before a court or adjudicative body before 
which the DOJ (including any component of 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 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 the employee; 
or, the United States, where the DOJ determines that the litigation is 
likely to affect it or any of its subdivisions.
    11. In producing summary descriptive statistics and analytical 
studies in support of the function for which the records are collected 
and maintained, or for related workforce studies. While published 
studies do not contain individual identifiers such as a name and social 
security number, in some instances the selection of certain data 
elements included in the study may make it possible for one to identify 
the individual by inference.
    12. To an official of another Federal agency, the information he or 
she needs to know in the performance of his or her official duties in 
performing data analyses or otherwise reconciling or reconstructing 
data files in support of the functions for which the records were 
collected and are maintained.
    13. To the current employer to effect salary or administrative 
offsets to satisfy an indebtedness incurred for unofficial telephone 
calls; to Federal agencies to identify and locate former employees for 
the purpose of collecting such indebtedness, including collection 
through administrative or salary offsets, or tax refund offsets. 
Identifying and locating former employees, and the subsequent referral 
to such agencies for offset purposes, may be accomplished through 
authorized computer matching programs. Disclosures will be made only 
when all procedural steps established by the Debt Collection Act of 
1982 and/or the Computer Matching and Privacy Protection Act of 1988, 
as appropriate, have been taken.
    Records are stored in electronic form and on paper.
    Records are retrieved by billing account code and by originating 
and destination telephone number.
    Access is limited to those who have a need to know. Specifically, 
only telecommunications managers and operations support and maintenance 
personnel (including those employed for such purposes under interagency 
agreements or other employment arrangements) 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 restrict access.
    Similarly, appropriate security measures are taken to protect 
authorized access to the paper records. Only DOJ component heads and 
their designated representatives; managers; and, as necessary and 
appropriate, the employees assigned the respective telephone numbers; 
and telecommunications managers (including those employed under 
interagency or other employment arrangements) may have access. Records 
will be transmitted with a protective cover which will include 
instructions regarding the security precautions which must be taken 
during the handling and disposition thereof.
    All records, both paper and automated, are located in buildings 
with restricted access.
    Destroyed after three years, or after audit by the General 
Accounting Office, which is sooner.
    Director, Telecommunications Services Staff, Justice Management 
Division, Department of Justice, 600 E. Street, NW., Room 3036, 
Washington, DC. 20530.
    To determine whether the system may contain records relating to 
you, write to the System Manager identified above.

[[Page 50872]]

    Same as ``Notification Procedure'' above. Provide name, assigned 
telephone number, 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, 
Sec. 16.41(d).
    See ``Notification Procedure'' and ``Record Access Procedure'' 
above. Identify the information being contested, the reason for 
contesting it, and the correction requested.
    Most records are generated internally, i.e., telephone assignment 
records; billing statements; call detail listings; individuals covered 
by the system; and management officials.
    None.

[FR Doc. 96-24836 Filed 9-26-96; 8:45 am]
BILLING CODE 4410-01-M