[Federal Register Volume 69, Number 81 (Tuesday, April 27, 2004)]
[Notices]
[Pages 22872-22874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9512]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 005-2004]


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 
modify a system of records last published on March 10, 1992, in Federal 
Register Volume 57, page 8475, and identified as the ``General Files 
System of the Office of the Associate Attorney General, JUSTICE/ASG-
001.'' Specifically, the Office of the Associate Attorney General is 
modifying the system by updating the location and system manager 
addresses; correcting and editing the text for the CFR citation in the 
``Categories of Records'' section; and adding a new ``Purpose(s)'' 
section. Minor revisions have been made to several routine uses. New 
routine uses have been added for disclosure to complainants and/or 
victims (routine use I); to contractors (routine use J); to former 
employees under certain circumstances (routine use K); and to 
recipients as are mandated by federal statute or treaties (routine use 
L). Updates and revisions are made to the sections on storage, 
retrieval, and safeguarding procedures; and to the retention and 
disposal schedule. Updates and edits are made to the notification 
procedure; record access procedures; and the contesting records 
procedures. In addition, two record source categories are added.
    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 Privacy 
Act, requires a 40-day period in which to conclude its review of the 
system. Therefore, please submit any comments by May 27, 2004. 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 Congress and OMB.

    Dated: April 6, 2004.
Paul R. Corts,
Assistant Attorney General for Administration.
DEPARTMENT OF JUSTICE

SYSTEM NAME:
    General Files System of the Office of the Associate Attorney 
General, JUSTICE/ASG-001.

SECURITY CLASSIFICATION:
    Not classified.

SYSTEM LOCATION:
    Office of the Associate Attorney General, United States Department 
of Justice, 950 Pennsylvania Avenue, NW., Washington, DC 20530-0001.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The system encompasses individuals who relate to official federal 
investigations, policy decisions, and administrative matters of such 
significance that the Associate Attorney General maintains information 
indexed to the name of that individual including, but not limited to, 
subjects of litigation, targets of investigations, Members and staff 
members of Congress, upper-echelon government officials, and 
individuals of national prominence or notoriety.

[[Page 22873]]

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records may include case files, litigation materials, exhibits, 
internal memoranda or reports, or other records on a given subject or 
individual. Records vary in number and kind according to the breadth of 
the Associate Attorney General's responsibilities (28 CFR 0.19) and are 
limited to those which are of such significance that the Associate 
Attorney General has investigative, policy, law enforcement, or 
administrative interest.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    These records are maintained pursuant to 5 U.S.C. 301.

PURPOSE(S):
    This system is maintained for the purpose of assisting the 
Associate Attorney General in carrying out the responsibilities of the 
Office such as, but not limited to, advising the Attorney General and 
Deputy Attorney General in formulating Departmental policies and 
programs, providing overall supervision to organizational units as 
assigned, and other duties as assigned by the Attorney General (28 CFR 
0.19).

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSE OF SUCH USES:
    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 on the Member's behalf 
when the Member or staff requests the information on behalf of, and at 
the request of, the individual who is the subject of the record.
    C. Law enforcement records may be disclosed to any civil or 
criminal law enforcement authorities, whether federal, state, local, 
foreign, or tribal, which require information relevant to a civil or 
criminal investigation.
    D. Where a record, either on its face or in conjunction with other 
information, indicates a violation or potential violation of law--
criminal, civil, or regulatory in nature--the relevant records may be 
referred to the appropriate federal, state, local, foreign, or tribal, 
law enforcement authority or other appropriate agency charged with the 
responsibility of investigating or prosecuting such a violation or 
enforcing or implementing such law.
    E. To the National Archives and Records Administration (NARA) in 
records management inspections conducted under the authority of 44 
U.S.C. 2904 and 2906.
    F. To appropriate officials and employees of a federal agency or 
entity which requires information relevant to a decision concerning the 
hiring, appointment, or retention of an employee; the issuance, 
renewal, suspension, or revocation of a security clearance; the 
execution of a security or suitability investigation; the letting of a 
contract, or the issuance of a grant or benefit.
    G. To federal, state, local, tribal, foreign, or international 
licensing agencies or associations which require information concerning 
the suitability or eligibility of an individual for a license or 
permit.
    H. In an appropriate proceeding before a court, or administrative 
or adjudicative body, when the Department of Justice determines that 
the records are arguably relevant to the proceeding; or in an 
appropriate proceeding before an administrative or adjudicative body 
when the adjudicator holds the records to be relevant to the 
proceeding.
    I. To complainants and/or victims to the extent necessary to 
provide such persons with information and explanations concerning the 
progress and/or results of the investigation or case arising from the 
matters of which they complained and/or of which they were a victim.
    J. To contractors, grantees, experts, consultants, students, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for the Federal Government, when 
necessary to accomplish an agency function related to this system of 
records.
    K. The Department of Justice may disclose relevant and necessary 
information to a former employee of the Department for the 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.
    L. To such recipients and under such circumstances and procedures 
as are mandated by federal statute or treaty.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Not applicable.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records in this system are stored in electronic form and on paper. 
Records that contain national security information and are classified 
are stored in accordance with applicable executive orders, statutes, 
and agency implementing regulations.

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 this system is safeguarded in accordance with 
applicable laws, rules, and policies, including the Department's 
automated systems security and access policies. 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 officers and 
employees of the agency who have an official need for access in order 
to perform their duties.

RETENTION AND DISPOSAL:
    Records are retained and disposed of in accordance with guidelines 
approved by the National Archives and Records Administration.

SYSTEM MANAGER(S) AND ADDRESS:
    Deputy Associate Attorney General, Office of the Associate Attorney 
General, United States Department of Justice, 950 Pennsylvania Avenue, 
NW., Washington, DC 20530-0001.

NOTIFICATION PROCEDURE:
    Address inquiries to the System Manager named above.

RECORD ACCESS PROCEDURES:
    Requests for access should be directed in writing or in person to 
the System Manager named above. When requests are in writing, 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,

[[Page 22874]]

and date and place of birth. The request must be signed, dated and 
either notarized or submitted under penalty of perjury. Some 
information may be exempt from access provisions as described in the 
section entitled ``EXEMPTIONS CLAIMED FOR THE SYSTEM.'' 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. 
Although no specific form is required, you may obtain forms for this 
purpose from the FOIA/PA Mail Referral Unit, Justice Management 
Division, United States Department of Justice, 950 Pennsylvania Avenue, 
NW., Washington, DC 20530-0001, or on the Department of Justice Web 
site at http://www.usdoj.gov/04foia/att_d.htm.

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 
``Exemptions Claimed for the System.'' 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 this system 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.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    The Attorney General has exempted this system from subsections 
(c)(3) and (4); (d); (e)(1), (2), (3), and (5); and (g) of the Privacy 
Act pursuant to 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), and (k)(5). 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 and 
at 28 CFR 16.72. These exemptions apply only to the extent that 
information in the system is subject to exemption pursuant to 5 U.S.C. 
552a(j)(2), (k)(1), (k)(2) and (k)(5). A determination as to exemption 
shall be made at the time a request for access or amendment is 
received.

[FR Doc. 04-9512 Filed 4-26-04; 8:45 am]
BILLING CODE 4410-22-P