[Federal Register Volume 66, Number 107 (Monday, June 4, 2001)]
[Notices]
[Pages 29992-29994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13860]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 230-2001]


Privacy Act of 1974; System of Records

    Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 
552a), notice is given that the Department of Justice proposes to 
establish a new Department-wide system of records entitled 
``Correspondence Management systems (CMS) for the Department of Justice 
(DOJ),'' DOJ/003. Most components of the Department maintain and 
operate their own correspondence tracking systems. There has been no 
change in the operation of component systems. Rather, this notice of a 
new system of records replaces most Privacy Act notices already 
published by components for existing systems, and it also provides 
notice for components that have not yet published a notice for such 
records. Because this is a Department-wide systems notice, it is 
broader than most correspondence tracking systems operated by 
individual components. The purpose of publishing this Department-wide 
notice is to increase administrative efficiency and to centralize and 
simplify for the public the process of obtaining information and making 
requests. This systems notice includes disclosure provisions that may 
not have been part of former systems notices. This systems notice does 
not supercede systems of records covered by separately-noticed systems 
that are not removed by this order.
    Accordingly, this Department-wide system notice replaces, and the 
Department hereby removes, on the effective date of this notice, the 
following notices previously published by individual Department of 
Justice components:

Antitrust Division, ``Congressional and White House Referral 
Correspondence Log File,'' JUSTICE/ATR-002 (58 FR 6985, Feb. 3, 1993)
Civil Division, ``Congressional and Citizen Correspondence File,'' 
JUSTICE/CIV-007 (53 FR 4,507, Oct. 17, 1988)
Civil Rights Division, ``Files on Correspondence Relating to Civil 
Rights Matters from Persons Outside the Department of Justice,'' 
JUSTICE/CRT-008 (53 FR 40,513, Oct. 17, 1988)
Office of the Deputy Attorney General, ``Executive Secretariat 
Correspondence Control System,'' JUSTICE/DAG-012 (50 FR 42,614, Oct. 
21, 1985)
Drug Enforcement Administration, ``Congressional Correspondence File,'' 
JUSTICE/DEA-004 (52 FR 47,207, Dec. 11, 1987)
Foreign Claims Settlement Commission, ``Correspondence (General),'' 
JUSTICE/FCSC-6 (64 FR 31,296, Jun. 10, 1999)
Foreign Claims Settlement Commission, ``Correspondence (Inquiries 
Concerning Claims in Foreign Countries),'' JUSTICE/FCSC-7 (64 FR 
31,296, Jun. 10, 1999)
Immigration and Naturalization Service, ``Immigration and 
Naturalization Service Index System,'' JUSTICE/INS-001 Subsystem D, 
``Congressional Relations Correspondence Control Index,'' and Subsystem 
P, ``Correspondence Control and Task Tracking System,'' (58 FR 51847, 
Oct. 5, 1993.)
Justice Management Division, ``Office of General Counsel (OGC) 
Correspondence and Advice Tracking System (CATS),'' JMD-011 (59 FR 
46,661, Sept. 9, 1994)
Land and Natural Resources Division, ``Congressional Correspondence

[[Page 29993]]

File,'' JUSTICE/LDN-002 (42 FR 53,351, Sept. 30, 1977)
Land and Natural Resources Division, ``Citizens' Mail File,'' JUSTICE/
LDN-006 (45 FR 2214, Jan. 10, 1980)
Office of Legislative Affairs, ``Congressional Committee Chairman 
Correspondence File,'' JUSTICE/OLA-001 (52 FR 47,278, Dec. 11, 1987)
Office of Legislative Affairs, ``Congressional Correspondence File,'' 
JUSTICE/OLA-002 (52 FR 47,278, Dec. 11, 1987)
Office of Legislative Affairs, ``Citizen Correspondence File,'' 
JUSTICE/OLA-003 (52 FR 47,279, Dec. 11, 1987)
Office of Special Counsel for Immigration Related Unfair Employment 
Practices, ``Files on Correspondence Relating to Immigration-Related, 
Unfair Employment Practices from Persons Outside the Department of 
Justice,'' JUSTICE/OSC-002 (53 FR 40,532, Oct. 17, 1988)
Executive Office for U.S. Attorneys, ``Citizen Correspondence Files,'' 
JUSTICE/USA-004 (54 FR 42,089, Oct. 13, 1989)

    In accordance with 5 U.S.C. 552a(e)(4) and (11), the public is 
given a 30-day period in which to comment; and the Office of Management 
and Budget (OMB), which has oversight responsibility under the Act, 
requires a 40-day period in which to conclude its review of the system. 
Therefore, please submit any comments by [30 days after publication in 
the Federal Register]. The public, OMB, and the Congress are invited to 
submit any comments to Mary E. Cahill, Management and Planning Staff, 
Justice Management Division, Department of Justice, Washington, DC, 
20530 (Room 1400, National Place Building).
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and the Congress.

    Dated: May 15, 2001.
Janis A. Sposato,
Acting Assistant Attorney General for Administration.
Department of Justice--003

SYSTEM NAME:
    Correspondence Management Systems (CMS) for the Department of 
Justice.

SYSTEM LOCATION:
    U.S. Department of Justice, 950 Pennsylvania Ave., NW., Washington, 
DC 20530, and other Department of Justice offices throughout the 
country.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    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.

CATEGORIES OF RECORDS IN THE SYSTEM:
    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.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 301 and 44 U.S.C. 3101.

PURPOSE(S) OF THE SYSTEM:
    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.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Pursuant to subsection (b)(3) of the Privacy Act, information may 
be disclosed from this system as follows:
    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.
    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.
    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.
    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.
    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.
    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.
    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.
    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.
    I. To contractors, grantees, experts, consultants, students, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or

[[Page 29994]]

other assignment for the Federal government, when necessary to 
accomplish an agency function related to this system of records.
    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.
    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.
    L. To such recipients and under such circumstances and procedures 
as are mandated by federal statute or treaty.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are stored in electronic form and on paper.

RETRIEVABILITY:
    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.

SAFEGUARDS:
    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.

RETENTION AND DISPOSAL:
    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.

SYSTEM MANAGER(S) AND ADDRESS:
    Deputy Assistant Attorney General, Human Resources/Administration, 
Justice Management Division, 950 Pennsylvania Ave., NW., Washington, DC 
20530.

NOTIFICATION PROCEDURES:
    Address inquiries to System Manager named above.

RECORD ACCESS PROCEDURES:
    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.

CONTESTING RECORD PROCEDURES:
    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.

RECORD SOURCE CATEGORIES:
    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.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    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 Federal 
Register. 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.

[FR Doc. 01-13860 Filed 6-1-01; 8:45 am]
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