[Federal Register Volume 65, Number 36 (Wednesday, February 23, 2000)]
[Notices]
[Pages 8990-8993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3116]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 192-2000]


Privacy Act of 1974; System of Records

AGENCY: Department of Justice.

ACTION: Notice of a Modified System of Records.

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SUMMARY: Under the provisions of the Privacy Act of 1974 (5 U.S.C. 
552a), the Environment and Natural Resources Division, Department of 
Justice, proposes to modify a system of records last published in the 
Federal Register on December 11, 1987 (52 FR 47274), and entitled, 
``Lands Docket Tracking System (JUSTICE/LDN-003).'' The Division 
proposes these modifications because the Lands Docket Tracking System 
has been replaced by a successor case management and tracking system 
and it did not include the broader category of the Division's case-
related files.
    Specifically, the Division will modify the system notice by 
renaming it, ``Environment and Natural Resources Division Case and 
Related Files System (JUSTICE/ENDR-003)''; revising the category of 
records covered by the system (adding case files and attorney and 
employee timekeeping files); revising the description of the case 
tracking system to reflect new and successor programs; adding routine 
uses for the new category of records (primarily relating to the 
management and handling of case files during investigation and 
litigation, and to public access to the records pursuant to federal 
statutes or regulations); deleting and revising routine uses to provide 
clarity and additional specificity; revising the categories of records 
to show that the system contains national security, civil investigatory 
and criminal law enforcement information; and indicating that a rule 
has been promulgated to exempt the system from certain Privacy Act 
provisions. Because of the number of changes made and for public 
convenience, the revised system notice has been printed below in full, 
replacing the previous notice in its entirety. The exemption of this 
system is more fully described in the Proposed Rules Section of today's 
Federal Register.
    Section 552a(e)(4) and (11) of the Privacy Act require that the 
public be given 30 days to comment on new routine uses of information 
in the system. The Office of Management and Budget (OMB), which has 
oversight responsibility under the Act, requires 40 days to review the 
proposed new routine uses and exemptions for the system. Therefore, the 
public, OMB, and the Congress are invited to submit written comments by 
April 3, 2000.

DATES: The proposed modifications to the System of Records will be 
effective April 3, 2000, unless comments are received that result in a 
contrary determination.

ADDRESSES: Submit written comments to the Department of Justice, Attn: 
Mary E. Cahill, Management Analyst, Management and Planning Staff, 
Justice Management Division, Department of Justice, National Place 
Building, Room 1400 North, 1331 Pennsylvania Avenue, NW, Washington, DC 
20530. If no comments are received, the proposal will be implemented 
without further notice in the Federal Register.

    Dated: January 27, 2000.
Stephen R. Colgate,
Assistant Attorney General for Administration.

JUSTICE/ENRD-003

    System name: Environment and Natural Resources Division Case and 
Related Files System.
    Security classification: Unclassified.
    System location: Environment and Natural Resources Division, U.S. 
Department of Justice, 950 Pennsylvania

[[Page 8991]]

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.
    Categories of individuals covered by the system: (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.
    Categories of records in the system: (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.
    Authority for maintenance of the system: 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.
    Purpose(s): 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.
    Routine uses of records maintained in the system, including 
categories of users and the purposes of such uses:
    (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;
    (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;
    (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;
    (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;
    (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;
    (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;
    (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;
    (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;
    (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;
    (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;
    (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);
    (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

[[Page 8992]]

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.
    (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.
    (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.
    (o) Timekeeping records may be disclosed to opposing parties and to 
courts in litigation regarding litigation costs.
    Disclosure to consumer reporting agencies: See Routine Use (k) 
listed above.
    Policies and practices for storing, retrieving, accessing, 
retaining and disposing of records of the system: Storage: 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.
    Retrievability: 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.
    Safeguards: 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).
    Retention and Disposal: 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.
    System manager(s) and address: The System Manager is the Assistant 
Director, Office of Information Technology, in coordination with the 
Office of Planning and Management's Records Management Unit.
    Notification Procedure: Address inquiries to the FOIA/Privacy Act 
Coordinator; Environment and Natural Resources Division; Policy, 
Legislation and Special Litigation Section; PO Box 4390; Ben Franklin 
Station; Washington, DC 20044-4390.
    Record Access Procedures: 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; Policy, Legislation and Special Litigation 
Section; PO Box 4390, Ben Franklin Station, Washington, DC 20044-4390.
    Contesting Record Procedures: 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.
    Record Source Categories: 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.
    Exemptions claimed for the system: 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).
    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

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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.

[FR Doc. 00-3116 Filed 2-22-00; 8:45 am]
BILLING CODE 4410-CJ-M