[Federal Register Volume 66, Number 134 (Thursday, July 12, 2001)]
[Notices]
[Pages 36593-36594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17475]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 238-2001]


Privacy Act of 1974; System of Records

    Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), the Department 
of Justice (DOJ), Civil Division, proposes to modify the following 
system of records previously published in full text in the Federal 
Register on February 20, 1998 (63 FR 8665): Civil Division Case File 
System, Justice/CIV-001.
    The Civil Division is adding two new routine uses to this system of 
records. Specifically, the Civil Division will add a new routine use to 
permit disclosure of information relating to qualified claimants in its 
Radiation Exposure Compensation Act Program files to the Department of 
Labor to adjudicate claims for supplemental compensation and benefits 
to these claimants under the Energy Employees Occupational Injury 
Compensation Program Act, Pub. L. 106-398, 114 Stat. 1654, Title XXXVI 
(2000), 42 U.S.C. 7384 et seq. In addition, the Civil Division is 
adding a routine use for disclosure to contractors when necessary to 
accomplish an agency function related to this system of records.
    For public convenience, all existing routine uses are published 
along with the two new proposed routine uses.
    Title 5 U.S.C. 552a(e)(4)(11) provides that the public be given a 
30-day period in which to comment on proposed new routine use 
disclosures. The Office of Management and Budget (OMB), which has 
oversight responsibilities under the Act, requires a 40-day period in 
which to conclude its review of any proposal to add new routine use 
disclosures or make other major modifications.
    You may submit any comments (by 30 days from the publication date 
of this notice). The public, OMB, and the Congress are invited to send 
written comments to Mary Cahill, Management Analyst, Management and 
Planning Staff, Justice Management Division, Department of Justice, 
Washington, DC 20530 (Room 1400 National Place Building). If no 
comments are received, the proposal will be implemented without further 
notice in the Federal Register.
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and the Congress on the proposed new routine uses.

    Dated: July 3, 2001.
Janis A. Sposato,
Acting Assistant Attorney General for Administration.
JUSTICE/CIV-001

System Name:
    Civil Division Case File System
* * * * *

Routine Uses of Records Maintained in the System, including Categories 
of Users and the Purposes of Such Uses:
    A record maintained in this system of records may be disseminated 
as a routine use of such record as follows: (1) In any case in which 
there is an indication of a violation or potential violation of law, 
whether civil, criminal or regulatory in nature, the record in question 
may be disseminated 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; (2) 
in the course of investigating the potential or actual violation of any 
law, whether civil, criminal or regulatory in nature, or during the 
course of a trial or hearing, or the preparation for a trial or hearing 
for such violation, a record may be disseminated to a federal, state, 
local or foreign agency, or to an individual or organization, if there 
is reason to believe that such agency, individual or organization 
possesses information or is responsible for acquiring information 
relating to the investigation, trial or hearing and the dissemination 
is reasonably necessary to elicit such information or to obtain the 
cooperation of a witness or an informant; (3) a record relating to a 
case or matter that has been referred by an agency for investigation, 
prosecution, or enforcement, or that involves a case or matter within 
the jurisdiction of an agency, or where the

[[Page 36594]]

agency or officials thereof are a party to litigation or where the 
agency or officials may be affected by a case or matter, 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; (4) a record relating to a case or 
matter may be disseminated to a foreign country pursuant to an 
international treaty or convention entered into and ratified by the 
United States or to an executive agreement; (5) a record may be 
disseminated to a federal, state, local, foreign, or international law 
enforcement agency to assist in the general crime prevention and 
detection efforts of the recipient agency or to provide investigative 
leads to such agency; (6) a record may be disseminated to a foreign 
country, through the United States Department of State or directly to 
the representative of such country, to the extent necessary to assist 
such country in civil or criminal proceedings in which the United 
States or one of its officers or agencies has an interest; (7) a 
record, or any facts derived therefrom, may be disclosed in a grand 
jury proceeding or in a proceeding before a court or adjudicative body 
before which the Civil Division is authorized to appear when the United 
States, or any agency or subdivision thereof, is a party to litigation 
and such records are determined by the Civil Division to be arguably 
relevant to the litigation; (8) to facilitate processing Freedom of 
Information and Privacy Act requests for these records, information may 
be disclosed to another Federal agency to (a) permit a decision as to 
access, amendment or correction of records to be made in consultation 
with or by that agency, or (b) verify the identity of an individual or 
the accuracy of information submitted by an individual who has 
requested access to or amendment or correction of records; (9) 
information may be released to the news media and the public in 
accordance with 28 CFR 50.2 unless it is determined that release would 
constitute an unwarranted invasion of personal privacy; (10) a record 
may be disclosed to the National Archives and Records Administration 
and the General Services Administration in records management 
inspections conducted under the authority of 44 U.S.C. 2904 and 2906; 
(11) in any health care-related civil or criminal case, investigation, 
or matter, information indicating patient harm, neglect, or abuse, or 
poor or inadequate quality of care, at a health care facility or by a 
health care provider, may be disclosed as a routine use to any federal, 
state, local, tribal, foreign, joint, international or private entity 
that is responsible for regulating, licensing, registering, or 
accrediting any health care provider or health care facility, or 
enforcing any health care-related laws or regulations. Further, 
information indicating an ongoing quality of care problem by a health 
care provider or at a health care facility may be disclosed to the 
appropriate health plan. Additionally, unless otherwise prohibited by 
applicable law, information indicating patient harm, neglect, abuse, or 
poor or inadequate quality of care may be disclosed to the affected 
patient or his or her representative or guardian at the discretion of 
and in the manner determined by the agency in possession of the 
information; (12) pursuant to subsection (b)(3) of the Privacy Act, the 
Department of Justice may disclose relevant and necessary information 
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; (This routine use was added by 
Federal Register notice of January 31, 2001 (66 FR 8425).) (13) 
information relating to health care fraud may be disclosed to private 
health plans, or associations of private health plans, and health 
insurers, or associations of health insurers, for the following 
purposes: To promote the coordination of efforts to prevent, detect, 
investigate, and prosecute health care fraud; to assist efforts by 
victims of health care fraud to obtain restitution; to enable private 
health plans to participate in local, regional, and national health 
care fraud task force activities; and to assist tribunals having 
jurisdiction over claims against private health plans; (This routine 
use was added by Federal Register notice of March 29, 2001 (66 FR 
17200).) (14) for all claims made by individuals covered by the Energy 
Employees Occupational Injury Compensation Program Act, Pub. L. 106-
398, 114 Stat. 1654, Title XXXVI (2000), 42 U.S.C. 7384 et seq., the 
Civil Division may disclose to the Department of Labor all information 
contained in its Radiation Exposure Compensation Act, (42 U.S.C. 2210 
note) files pertinent to those claims; (15) to contractors, experts, 
consultants employed by the Civil Division when necessary to accomplish 
an agency function related to this system of records.
* * * * *
[FR Doc. 01-17475 Filed 7-11-01; 8:45 am]
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