[Privacy Act Issuances (1995)]
[From the U.S. Government Publishing Office, www.gpo.gov]
DEPARTMENT OF JUSTICE
OFFICE OF THE ATTORNEY GENERAL
JUSTICE/OAG-001
System name: General Files System of the Office of the Attorney
General.
System location:
Office of the Attorney General, United States Department of Justice,
10th and Constitution Avenue NW, Washington, DC 20530.
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 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-echleon government officials, and individuals of
national prominence or notoriety.
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 Attorney General's responsibilities (28 CFR 0.05) and are
limited to those which are of such significance that the Attorney
General has investigative, policy, law enforcement, or administrative
interest. An index to these records is described under the caption
''Retrievability.''
Authority for maintenance of the system:
These records are maintained pursuant to 5 U.S.C. 301.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These records may be disclosed 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 privacy.
These records may be disclosed to a Member of Congress or staff acting
on the Member's behalf when the Member or staff requests the
information for investigative or policy decisionmaking purposes or to
provide constituent assistance.
These records may be disclosed to members of the judicial branch of
the Federal Government in response to a specific request where
disclosure appears relevant to the authorized function of the
recipient judicial office or court system.
These records may be disclosed to any civil or criminal law
enforcement authorities, whether Federal, State, local or foreign,
which require information relevant to a civil or criminal
investigation.
These records may be disclosed to the National Archives and Records
Administration (NARA) in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
These records may be disclosed to officials and employees of the White
House or any Federal agency which requires information relevant to an
agency decision concerning the hiring, appointment, or retention of an
employee, the issuance of a security clearance, the conducting of a
security or suitability investigation, the classifying of a job, or
the issuance of a grant or benefit.
These records may be disclosed to Federal, State, and local licensing
agencies or associations which require information concerning the
eligibility or suitability of an individual for a license or permit.
These records may be disclosed in a proceeding before a court or
adjudicative body before which the Office of the Associate Attorney
General is authorized to appear when (a) the Office of the Attorney
General, or any subdivision thereof, or (b) any employee of the Office
of the Attorney General in his or her official capacity, or (c) any
employee of the Office of the Attorney General in his or her
individual capacity where the Department of Justice has agreed to
represent the employee, or (d) the United States, where the Office of
the Attorney General determines that the litigation is likely to
affect it or any of its subdivisions, is a party to litigation or has
an interest in litigation and such records are determined by the
Office of the Attorney General to be arguably relevant to the
litigation.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are stored in paper folders and on index cards. As of May
1982, the index record is also stored on magnetic disks.
Retrievability:
Records created before 1975 are indexed and retrieved manually by
subject title. Records created since 1975 are indexed and retrieved
manually by subject title, individual's name, the Department component
which created the record, and by name of the Attorney General under
whose administration the records were created. As of May 1982 records
may also be retrieved through a computerized indexing system.
Safeguards:
Records are maintained in locked cabinets stored in a locked room or,
in the case of those records that are classified, in safes or vaults
stored in a locked room. The computer is also maintained in a locked
room. The computer has a key lock and may be accessed only by persons
with a Top Secret clearance by use of a code.
Retention and disposal:
Records are kept indefinitely.
System manager(s) and address:
Special Assistant to the Attorney General, Office of the Attorney
General, United States Department of Justice, 10th and Constitution
Avenue NW, Washington, DC 20530.
Notification procedure:
Address all inquiries to the system manager. These records will be
exempted from subsections (c) (3) and (4); (d); (e) (1), (2) and (3),
(e)(4) (G) and (H), (e)(5); and (g) of the Privacy Act pursuant to 5
U.S.C. 552a(j)(2), (k)(1), (k)(2), and (k)(5).
Record access procedures:
Make all requests for access to records from this system in writing to
the system manager and clearly mark both the letter and the envelope
``Privacy Act Request.''
Contesting record procedures:
Make all requests to contest or amend information maintained in the
system in writing to the system manager. State clearly and concisely
what information is being contested, the reasons for contesting it,
and the proposed amendment(s) to the information.
Record source categories:
Sources of information contained in this system include individuals,
State, local and foreign government agencies as appropriate, the
executive and legislative branches of the Federal Government, and
interested third parties.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c) (3)
and (4); (d); (e) (1), (2), and (3), (e)(4) (G) and (H), (e)(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. These exemptions apply only to the extent
that information in a record pertaining to a particular individual
relates to official Federal investigations and law enforcement
matters. Those files indexed under an individual's name which concern
policy formulation or administrative matters are not being exempted
pursuant to 5 U.S.C. 552a(j)(2), (k)(1), (k)(2) or (k)(5).
OFFICE OF THE ASSOCIATE ATTORNEY GENERAL
JUSTICE/AAG-001
System name: General Files System of the Office of the Associate
Attorney General.
System location:
Office of the Associate Attorney General, United States Department of
Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
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.
Categories of records in the system:
Records may include case files, litigation materials, exhibits,
internal memoranda and 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 0.10) and
are limited to those which are of such significance that the Associate
Attorney General has investigative, policy, law enforcement, or
administrative interest. An index record containing the subject title
and/or individual's name is also maintained in the form of a paper
logging system.
Authority for maintenance of the system:
These records are maintained pursuant to 5 U.S.C. 301.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These records may be disclosed 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 privacy.
These records may be disclosed to a Member of Congress or staff acting
on the Member's behalf when the Member or staff requests the
informaton for investigative or policymaking purposes or to provide
constituent assistance.
These records may be disclosed to members of the judicial branch of
the Federal Government in response to a specific request where
disclosure appears relevant to the authorized function of the
recipient judicial office or court system.
These records may be disclosed to any civil or criminal law
enforcement authorities, whether Federal, State, local, or foreign,
which requires information relevant to a civil or criminal
investigation.
These records may be disclosed to the National Archives and Records
Administration (NARA) in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
These records may be disclosed to officials and employees of the White
House or any Federal agency which requires information relevant to an
agency decision concerning the hiring, appointment, or retention of an
employee, the issuance of a security clearance, the conducting of a
security or suitability investigation, the classifying of a job, or
the issuance of a grant or benefit.
These records may be disclosed to Federal, State, and local licensing
agencies or associations which require information concerning the
eligibility or suitability of an individual for a license or permit.
These records may be disclosed in a proceeding before a court or
adjudicative body before which the Office of the Associate Attorney
General, is authorized to appear when (a) the Office of the Associate
Attorney General, or any subdivision thereof, or (b) any employee of
the Office of the Associate Attorney General in his or her official
capacity, or (c) any employee of the Office of the Associate Attorney
General in his or her individual capacity where the Department of
Justice has agreed to represent the employee, or (d) the United
States, where the Office of the Associate Attorney General determines
that litigation is likely to affect it or any of its subdivisions, is
a party to litigation or has an interest in litigation and such
records are determined by the Office of the Associate Attorney General
to be arguably relevant to the litigation.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are stored in paper folders. An index record containing the
subject title and/or individual's name is also maintained in the form
of a paper logging system.
Retrievability:
By subject title or individual's name.
Safeguards:
Records are maintained in locked cabinets stored in a locked room or,
in the case of those records that are classified, in safes or vaults
stored in a locked room.
Retention and disposal:
Records are kept indefinitely.
System manager(s) and address:
Deputy Associate Attorney General, Office of the Associate Attorney
General, United States Department of Justice, 10th and Constitution
Avenue, NW, Washington, DC 20530.
Notification procedure:
Address all inquiries to the system manager. These records will be
exempted from subsections (c)(3) and (4); (d); (e)(1), (2) and (3),
(e)(4)(G) and (H), (e)(5); and (g) of the Privacy Act pursuant to 5
U.S.C. 552a(j)(2), (k)(1), (k)(2), and (k)(5).
Record access procedures:
Make requests for access to records from this system in writing to the
system manager, and clearly mark both the letter and envelope
``Privacy Act Request.''
Contesting record procedures:
Make all requests to contest or amend information maintained in the
system in writing to the system manager. State clearly and concisely
what information is being contested, the reasons for contesting it,
and the proposed amendment(s) to the information.
Record source categories:
Source of information contained in this system include individuals,
State, local and foreign government agencies as appropriate, the
executive and legislative branches of the Federal Government, and
interested third parties.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c)(3)
and (4); (d); (e)(1), (2) and (3), (e)(4)(G) and (H), (e)(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. These exemptions apply only to the extent
that information in a record pertaining to a particular individual
relates to official Federal investigations and law enforcement
matters. Those files indexed under an individual's name which concern
policy formulation or administrative matters are not being exempted
pursuant to 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), or (k)(5).
OFFICE OF THE DEPUTY ATTORNEY GENERAL
JUSTICE/DAG-003
System name: Drug Enforcement Task Force Evaluation and
Reporting System of the Office of the Associate Attorney General.
System location:
Office of the Associate Attorney General, United States Department of
Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system:
The system encompasses individuals who are the subjects of official
Federal investigations of the drug task force.
Categories of records in the system:
Records consist of case initiation and indictment records, and monthly
reporting and sentencing forms regarding potential or actual targets
of investigation of the drug task force.
Authority for maintenance of the system:
These records are maintained pursuant to 5 U.S.C. 301 and 21 U.S.C.
841.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These records may be disclosed 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 privacy.
These records may be disclosed to a Member of Congress or staff acting
on the Member's behalf when the Member or staff requests the
information for investigative or policymaking purposes or to provide
constituent assistance.
These records may be disclosed to members of the judicial branch of
the Federal Government in response to a specific request where
disclosure appears relevant to the authorized function of the
recipient judicial office or court system.
These records may be disclosed to any civil or criminal law
enforcement authorities, whether Federal, State, local, or foreign,
which require information relevant to a civil or criminal
investigation.
These records may be disclosed to the National Archives and Records
Administration (NARA) in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
These records may be disclosed to Federal, State, and local licensing
agencies or associations which require information concerning the
eligibility or suitability of an individual for a license or permit.
These records may be disclosed in a proceeding before a court or
adjudicative body before which the Office of the Associate Attorney
General is authorized to appear when (a) the Office of the Associate
Attorney General, or any subdivision thereof, or (b) any employee of
the Office of the Associate Attorney General in his or her official
capacity, or (c) any employee of the Office of the Associate Attorney
General in his or her individual capacity where the Department of
Justice has agreed to represent the employee, or (d) the United
States, where the Office of the Associate Attorney General determines
that litigation is likely to affect it or any of its subdivisions, is
a party to litigation or has an interest in litigation and such
records are determined by the Office of the Associate Attorney General
to be arguably relevant to the litigation.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
All records are stored in paper folders. All records, with the
exception of indictment forms, are stored also on magnetic disks.
Retrievability:
Records are generally retrieved by case number. Records may be
retrieved by individual name or name of criminal organization.
Safeguards:
Paper folders are stored in a combination safe which is inside a
locked room. This room is part of a locked suite of offices. The
magnetic disks and computer are located in the same room; the computer
has a key lock. Only those persons with a Top Secret clearance may
actually access the computer by using a code.
Retention and disposal:
Records are kept indefinitely.
System manager(s) and address:
Staff Director, Drug Enforcement Task Force, Office of the Associate
Attorney General, 10th and Constitution Avenue, NW, Washington, DC
20530.
Notification procedure:
Address all inquiries to the system manager. These records will be
exempted form subsections (c) (3) and (4); (d); (e) (1), (2) and (3),
(e)(4) (G) and (H), (e)(5); and (g) of the Privacy Act pursuant to 5
U.S.C. 552a(j)(2) and (k)(2).
Record access procedures:
None.
Contesting record procedures:
None.
Record source categories:
Sources of information contained in this system include Federal,
State, and local government agencies as appropriate, informants, and
interested third parties.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c) (3)
and (4); (d); (e) (1), (2) and (3), (e)(4) (G) and (H), (e)(5); and
(g) of the Privacy Act pursuant to 5 U.S.C. 552a (j)(2) and (k)(2).
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.
JUSTICE/DAG-004
System name: Honor Program Applicant System.
System location:
Office of the Deputy Attorney General, United States Department of
Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system:
The system encompasses third year law students who will be honor
graduates of law schools and law clerks of federal judges who file
applications for attorney positions in the Department.
Categories of records in the system:
These records consist of items supplied by the applicant, such as
resumes, completed Civil Service forms, applications forms, and
transcripts of grades, items supplied by third parties such as letters
of recommendation, and items supplied by the Department such as
acceptance or rejection letters and interview evaluation sheets.
Authority for maintenance of the system:
This system is established and maintained pursuant to 5 U.S.C. 301.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These records are made available within the Department for recruitment
purposes and may be made available to other federal agencies, at their
request, for recruitment purposes.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration: A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) in records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Release of information to civil or criminal law enforcement agencies:
Information may be disclosed to any civil or criminal law enforcement
agency, whether Federal, State, local, or foreign, which requires
information relevant to a civil or criminal investigation.
Release of information to agencies regarding the hiring or retention
of employees: Information may be disclosed to official and employees
of the White House or any Federal agency which requires information
relevant to an agency decision concerning the hiring, appointment, or
retention of an employee; the issuance of a security clearance; the
execution of a security of suitability investigation; the
classification of a job; or the issuance of a grant or benefit.
Release of information to Federal, State, and local licensing
agencies: Information may be disclosed to Federal, State, and local
licensing agencies or associations which require information
concerning the suitability or eligibility of an individual for a
license or permit.
Release of information before a court or adjudicative body:
Information may be disclosed in a proceeding before a court or
adjudicative body before which the Office of the Deputy Attorney
General (ODAG) is authorized to appear when (a) ODAG, or any
subdivision thereof, or (b) any employee of ODAG in his or her
official capacity, or (c) any employee of ODAG in his or her
individual capacity where the Department of Justice has agreed to
represent the employee, or (d) the United States, where ODAG
determines that the litigation is likely to affect it or any of its
subdivisions, is a party to litigation or has an interest in
litigation and such records are determined by ODAG to be arguably
relevant to the litigation.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
These records are stored in paper folders.
Retrievability:
Information is retrieved in various ways, depending upon the age of
the record. Initially, the records are indexed by the name of the
applicant's law school, then by the names of the applicants according
to their ranking by interviewers. Therefore, to locate an individual's
file, it is necessary to know both the name of the individual and his
or her law school. After the Department's annual attorney hiring is
completed, these files are transferred to the control of the Associate
Deputy Attorney General. His staff then places the files in
alphabetical order by name and stores them.
Safeguards:
These records are maintained in cabinets stored in a locked room.
Retention and disposal:
These records are maintained and stored for two years and then
destroyed if the applicant is not offered a position with the
Department or rejects an offered position. If a position is accepted
by the applicant, his folder is transferred to another system.
System manager(s) and address:
Honor Program Director, Office of the Deputy Attorney General, United
States Department of Justice, 10th and Constitution Avenue, NW,
Washington, DC 20530.
Notification procedure:
Same as the System Manager.
Record access procedures:
A request for access to a record from this system may be made in
person or in writing to the System Manager. Any written request should
clearly be marked `Privacy Access Request' on both the letter and
envelope.
Contesting record procedures:
Individual desiring to contest or amend information maintained in the
system should direct their request to the System Manager and clearly
and concisely state what information is being contested, the reasons
for contesting it, and the proposed amendment(s) to the information.
Record source categories:
Sources of information contained in this system are as noted in
Categories of Records.
Systems exempted from certain provisions of the act:
None.
JUSTICE/DAG-005
System name: Master Index File of Name.
System location:
Office of the Deputy Attorney General, United States Department of
Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system:
This system encompasses all individuals having file folders contained
in the following systems of records; Appointed Assistant U.S.
Attorneys Personnel System, Assistant U.S. Attorney Applicant Records,
Presidential Appointee Candidate Records System, Presidential
Appointee Records System, Special Candidates for Presidential
Appointments Records System, and U.S. Judges Records System, dating
from 1932 until the present.
Categories of records in the system:
This system consists of file cards containing an individual's date of
birth, date of entry on duty in Federal Service, date of termination
of Federal Service, notes as to the disposition of his records folder,
and title.
Authority for maintenance of the system:
These records are maintained pursuant to 5 U.S.C. 301.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These cards contain information used solely for Department internal
purposes.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from system of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration: A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) is records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Release of information to civil or criminal law enforcement agencies:
Information may be disclosed to any civil or criminal law enforcement
agency, whether Federal, State, local, or foreign, which requires
information relevant to a civil or criminal investigation.
Release of information to agencies regarding the hiring or retention
of employees: Information may be disclosed to officials and employees
of the White House or any Federal agency which requires information
relevant to an agency decision concerning the hiring, appointment, or
retention of an employee; the issuance of a security clearance; the
execution of a security or suitability investigation; the
classification of a job; or the issuance of a grant or benefit.
Release of information to Federal, State, and local licensing
agencies: Information may be disclosed to Federal, State, and local
licensing agencies or associations which require information
concerning the suitability or eligibility of an individual for a
license or permit.
Release of information before a court or adjudicative body:
Information may be disclosed in a proceeding before a court or
adjudicative body before which the Office of the Deputy Attorney
General (ODAG) is authorized to appear when (a) ODAG, or any
subdivision thereof, or (b) any employee of ODAG in his or her
official capacity, or (c) any employee of ODAG in his or her
individual capacity where the Department of Justice has agreed to
represent the employee, or (d) the United States, where ODAG
determines that the litigation is likely to affect it or any of its
subdivisions, is a party to litigation or has an interest in
litigation and such records are determined by ODAG to be arguably
relevant to the litigation.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
These records are maintained on file cards.
Retrievability:
Information is retrieved by using the name of the individual, as these
cards are filed alphabetically.
Safeguards:
These cards are kept in file drawers stored in a locked room.
Retention and disposal:
These cards are retained indefinitely, except in the instance of cards
relating to applicants for attorney positions within the Department.
If the applicant is rejected, his card is destroyed after two years.
System manager(s) and address:
Associate Deputy Attorney General, Office of the Deputy Attorney
General, United States Department of Justice, 10th and Constitution
Avenue, NW, Washington, DC 20530.
Notification procedure:
Address all inquiries to the System Manager.
Record access procedures:
A request for access to these records should be directed orally or in
writing to the System Manager. When requests are in writing, the
envelope and letter should clearly be marked ``Privacy Access
Request.''
Contesting record procedures:
Individuals desiring to contest or amend information maintained in the
system should direct their request to the System Manager, stating
clearly and concisely what information is being contested, the reasons
for contesting it, and the proposed amendment(s) to the information.
Record source categories:
Information contained in this system is obtained from the individual's
records folder.
Systems exempted from certain provisions of the act:
None.
JUSTICE/DAG-006
System name: Presidential Appointee Candidate Records System.
System location:
Office of the Deputy Attorney General, United States Department of
Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system:
This system encompasses all individuals who are brought to the
attention of the Department of Justice as potential candidates for
appointment as United States Judges, United States Attorneys, or
United States Marshals.
Categories of records in the system:
As to any particular individual, the number and kind of records may
vary according to the qualifications of the individual. Thus, these
records, in some instances, contain merely single letters from the
individual himself or some other person recommending his consideration
for one of the positions mentioned in the Categories of individuals.
The records may also contain biographical sketches of the individual
supplied either by the individual himself or the person recommending
him. If the individual is under serious consideration for nomination
for appointment, a confidential evaluation of his qualifications for
the position will be in his folder. Also present may be completed
background investigations on the individual. Letters, if any are
received, protesting the individual's potential appointment may also
be in the folder. Also present would be any information supplied by
the individual or any other letters of recommendation.
Authority for maintenance of the system:
These records are maintained pursuant to 5 U.S.C. 301.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The routine uses of these records vary with the amount of
consideration given to nominating the individual for appointment. In
some instances, the records are stored, reviewed by Department
personnel, and destroyed as outlined under Retention and Disposal. The
candidate's entire record folder would be sent to the President upon
his request. After a candidate is nominated and his nomination is
pending Senate confirmation, the background investigation is routinely
provided to Chairman of the Senate Judiciary Committee. The fact that
the candidate was being considered for appointment would be made known
to the references supplied by the candidate and others contacted.
Information about the candidate, as then known, might be supplied to
contacted individuals as necessary to verify already obtained
information or to seek elaboration of that information.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress: Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration. A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) in records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Release of information to civil or criminal law enforcement agencies:
Information may be disclosed to any civil or criminal law enforcement
agency, whether Federal, State, local, or foreign, which requires
information relevant to a civil or criminal investigation.
Release of information to agencies regarding the hiring or retention
of employees: Information may be disclosed to officials and employees
of the White House or any Federal agency which requires information
relevant to an agency decision concerning the hiring, appointment, or
retention of an employee; the issuance of a security clearance; the
execution of a security or suitability investigation; the
classification of a job; or the issuance of a grant or benefit.
Release of information to Federal, State, and local licensing
agencies: Information may be disclosed to Federal, State, and local
licensing agencies or associations which require information
concerning the suitability or eligibility of an individual for a
license or permit.
Release of information before a court or adjudicative body:
Information may be disclosed in a proceeding before a court or
adjudicative body before which the Office of the Deputy Attorney
General (ODAG) is authorized to appear when (a) ODAG, or any
subdivision thereof, or (b) any employee of ODAG in his or her
official capacity, or (c) any employee of ODAG in his or her
individual capacity where the Department of Justice has agreed to
represent the employee, or (d) the United States, where ODAG
determines that the litigation is likely to affect it or any of its
subdivisions, is a party to litigation or has an interest in
litigation and such records are determined by ODAG to be arguably
relevant to the litigation.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
These records are maintained in paper folders.
Retrievability:
Information is retrieved from this system by reference first to the
office, indexed geographically or by the circuit or district, for
which the individual is being considered, and then alphabetically by
name of the candidate.
Safeguards:
These records are stored in cabinets which are kept in a locked room.
Retention and disposal:
These records are kept for five years and then destroyed, unless the
individual receives the appointment. In that event, his individual
record is transferred to another records system.
System manager(s) and address:
Associate Deputy Attorney General, Office of the Deputy Attorney
General, United States Department of Justice, 10th and Constitution
Avenue NW, Washington, DC 20530.
Notification procedure:
Address all inquiries to the System Manager. These records will be
exempted from subsections (d)(1) and (e)(1) of section 552a, Title,
United States Code, by the Attorney General under the authority of 5
U.S.C. 552a(k)(5) to the extent therein permitted.
Record access procedures:
A request for access to non-exempt portions of records from this
system should be directed orally or in writing to the Associate Deputy
Attorney General. When requests are in writing, the envelope and
letter should clearly be marked ``Privacy Access Request.''
Contesting record procedures:
Individuals desiring to contest or amend information maintained in the
system should direct their request to the Associate Deputy Attorney
General stating clearly and concisely what information is being
contested, the reasons for contesting it, and the proposed
amendment(s) to the information.
Record source categories:
Non-exempt sources of information in this system include the general
public, the candidates themselves, government agencies where
appropriate, and any other interested party.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (d)(1)
and (e)(1) of the Privacy Act pursuant to 5 U.S.C. 552a(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.
JUSTICE/DAG-007
System name: Presidential Appointee Records System.
System location:
Office of the Deputy Attorney General, United States Department of
Justice, 10th and Constitution Avenue NW, Washington, DC 20530.
Categories of individuals covered by the system:
The system encompasses the following: Department of Justice
Presidential appointees and retired, resigned, or deceased appointees.
Categories of records in the system:
This system of records consists of records folders which may contain
up to five sections. The personnel section includes such items as
biographical sketches, qualification statements, completed Civil
Service forms if applicable, letters recommending appointment,
notifications of appointment, and other personnel-related matters. The
character section contains completed or portions of ongoing background
investigations and matters related thereto. The Congressional section
contains Congressional and other political type recommendations
regarding appointment. The protest section contains correspondence, if
any exists, protesting the appointment of candidates. The complaint
section contains correspondence from individuals or groups complaining
about office holders.
Authority for maintenance of the system:
These records are maintained pursuant to 5 U.S.C. 301.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Generally, these records are used only for internal Department of
Justice purposes. Prior to appointment, routine uses would include
those specified for the Presidential Appointee Candidate Records
System. If an appointee leaves the Department, information contained
in his personnel folder might be used as the basis for answering
inquiries from prospective employers about his qualifications and
performance. The personnel section of his folder would be made
available to other federal agencies, at their request, upon the
transfer of the appointee to such an agency.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress: Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration: A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) in records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Release of information to civil or criminal law enforcement agencies:
Information may be disclosed to any civil or criminal law enforcement
agency, whether Federal, State, local, or foreign, which requires
information relevant to a civil or criminal investigation.
Release of information to agencies regarding the hiring or retention
of employees: Information may be disclosed to officials and employees
of the White House or any Federal agency which requires information
relevant to an agency decision concerning the hiring, appointment, or
retention of an employee; the issuance of a security clearance; the
execution of a security or suitability investigation; the
classification of a job; or the issuance of a grant or benefit.
Release of information to Federal, State, and local licensing
agencies: Information may be disclosed to Federal, State, and local
licensing agencies or associations which require information
concerning the suitability or eligibility of an individual for a
license or permit.
Release of information before a court or adjudicative body:
Information may be disclosed in a proceeding before a court or
adjudicative body before which the Office of the Deputy Attorney
General (ODAG) is authorized to appear when (a) ODAG, or any
subdivision thereof, or (b) any employee of ODAG in his or her
official capacity, or (c) any employee of ODAG in his or her
individual capacity where the Department of Justice has agreed to
represent the employee, or (d) the United States, where ODAG
determines that the litigation is likely to affect it or any of its
subdivisions, is a party to litigation or has an interest in
litigation and such records are determined by ODAG to be arguably
relevant to the litigation.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
These records are stored in paper folders.
Retrievability:
Information is retrieved by using the name of the individual who is
the subject of the folder.
Safeguards:
These records are stored in cabinets which are kept in a locked room.
Retention and disposal:
The personnel section of these records is retained indefinitely at the
Office of the Deputy Attorney General, except in the instance of an
appointee who resigns or dies, in which case that section is sent to
the St. Louis Records Center for indefinite storage. All other
sections of the folders, in the instance where an appointee dies or
resigns, are sent to the Suitland, Maryland Records Center for storage
for five years and then destroyed.
System manager(s) and address:
Associate Deputy Attorney General, Office of the Deputy Attorney
General, United States Department of Justice, 10th and Constitution
Avenue, NW, Washington, DC 20530.
Notification procedure:
Address all inquiries to the System Manager. These records will be
exempted from subsections (d)(1) and (e)(1) of section 552a, Title 5,
United States Code, by the Attorney General under authority of 5
U.S.C. 552a(k)(5) to the extent therein permitted.
Record access procedures:
A request for access to non-exempt portions of records from this
system should be directed orally or in writing to the System Manager.
When requests are in writing, the envelope and letter should clearly
be marked ``Privacy Access Request.''
Contesting record procedures:
Individuals desiring to contest or amend information maintained in the
system should direct their request to the System Manager, stating
clearly and concisely what information is being contested the reasons
for contesting it, and the proposed amendment(s) to the information.
Record source categories:
Non-exempt sources of information contained in this system include the
general public, the subjects of the records themselves, government
agencies when appropriate, and any other interested party.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (b)(1)
and (e)(1) of the Privacy Act pursuant to 5 U.S.C. 552a(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.
JUSTICE/DAG-008
System name:
Special Candidates for Presidential Appointments and Noncareer SES
Positions Records System.
System location:
Office of the Deputy Attorney General, United States Department of
Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system:
The system encompasses all individuals under consideration for
presidential appointments as division heads, deputy division heads, or
noncareer SES positions in the Department of Justice.
Categories of records in the system:
The system of records consists of personnel folders which may contain
up to a total of four sections. The personnel section contains records
such as resumes, letters of recommendation, and related personnel
matters. The character section contains completed and portions of
ongoing background investigations and matters related thereto. The
Congressional section contains Congressional and other political type
recommendations regarding appointment. The protest section contains
correspondence, if any exists, protesting the appointment of
candidates. The majority of these personnel folders contain only the
personnel section.
Authority for maintenance of the system:
These records are maintained pursuant to 5 U.S.C. 301.
Purpose(s):
Records are maintained in this system to assist the President, White
House officials or employees, the Congress, and/or Department of
Justice officials in obtaining information necessary to determine the
qualifications and suitability of candidates for the positions of
Department of Justice division head, deputy division head or noncareer
SES.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Relevant information from this system may be disclosed as indicated
below: The routine uses of these records vary with the amount of
consideration given to nominating, clearing or selecting the candidate
for appointment. In some instances, the records are stored, reviewed
by designated Department personnel, and destroyed as outlined under
Retention and Disposal. The candidate's record folder, or a portion
thereof, may be provided to the White House. The fact that the
candidate was being considered for appointment would be made known to
the references supplied by the candidate and others contacted.
Information about the candidate, as then known, might be supplied to
such references and/or such contacted individuals as necessary to
verify already obtained information or to seek elaboration of that
information.
Information permitted to be released to the news media and the public
pursuant to 28 CFR 50.2 may be made available 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.
Information not otherwise required to be released pursuant to 5 U.S.C.
552 may be made available to a Member of Congress or staff acting upon
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.
A record from this system of records may be disclosed as a routine use
to the General Services Administration and the National Archives and
Records Administration in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
In the event that a record(s) in this system 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, or foreign agency charged with the responsibility for
investigating or prosecuting such violation or charged with enforcing
or implementing such law. Information may be disclosed to officials
and employees of the White House or any Federal agency which requires
information relevant to an agency decision concerning the hiring,
appointment, or retention of an employee; the issuance of a security
clearance; the execution of a security or suitability investigation;
the classification of a job; or the issuance of a grant or benefit.
Information may be disclosed to Federal, State, and local licensing
agencies or associations which require information concerning the
suitability or eligibility of an individual for a license or permit.
Information may be disclosed in a proceeding before a court or
adjudicative body before which the Office of the Deputy Attorney
General (ODAG) is authorized to appear when (a) ODAG or any
subdivision thereof, or (b) any employee of ODAG in his or her
official capacity, or (c) any employee of ODAG in his or her
individual capacity where the Department of Justice has agreed to
represent the employee, or (d) the United States, where ODAG
determines that the litigation is likely to affect it or any of its
subdivisions, is a party to litigation or has an interest in
litigation and such record is determined by ODAG to be arguably
relevant to the litigation.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
These records are stored in paper holders.
Retrievability:
Information is retrieved by the name of individuals seeking
appointment as the files are arranged alphabetically by same.
Safeguards:
These records are in cabinets in a locked room.
Retention and disposal:
In the event a candidate is not nominated or selected for appointment,
his record is maintained for five years and then destroyed. If the
candidate is appointed, his records are transferred to the
Presidential Appointee Records System.
System manager(s) and address:
Associate Deputy Attorney General, Office of the Deputy Attorney
General, United States Department of Justice, 10th and Constitution
Avenue NW, Washington, DC 20530.
Notification procedure:
Address all inquiries to the System Manager. These records will be
exempted from subsections (d)(1) and (e)(1) of sections 552a, title 5,
United States Code, by the Attorney General under the authority of 5
U.S.C. 552a(k)(5) to the extent therein permitted.
Record access procedure:
A request for access to non-exempt portions of records from this
system should be directed orally or in writing to the System Manager.
When requests are in writing, the envelope and letter should clearly
be marked ``Privacy Access Request.''
Contesting record procedures:
Individuals desiring to contest or amend information maintained in the
system should direct their request to the System Manager, stating
clearly and concisely what information is being contested, the reasons
for contesting it, and the proposed amendment(s) to the information.
Record source categories:
Sources of information include the general public, the subjects of the
records themselves, government agencies when appropriate, and parties
who know the record subject.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (d)(1)
and (e)(1) of the Privacy Act pursuant to 5 U.S.C. 552a(k)(5). Rules
have been promulgated in accordance with the requirement of 5 U.S.C.
553(b), (c) and (e) and have been published in the Federal Register.
JUSTICE/DAG-009
System name: Summer Intern Program Records System.
System location:
Office of the Deputy Attorney General, United States Department of
Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system:
All individuals who submit applications for the Department's Summer
Intern Program for Law Students.
Categories of records in the system:
The system of records consists of items such as completed Civil
Service forms, law school grade transcripts, letters of
recommendation, and completed Summer Law Intern Applications.
Authority for maintenance of the system:
These records are maintained pursuant to 5 U.S.C. 301.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These records are used by Department personnel for recruitment
purposes. However, in the case of an applicant with regard to whom the
Department has decided not to extend an offer of employment, his or
her application and Civil Service forms might be referred to another
agency, upon its request, for that agency's recruitment purposes.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of infomation to Members of Congress. Information contained in
systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon the
Department's behalf of and at the request of the individual who is the
subject of the record.
Release of information to the National Archives and Records
Administration: A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) in records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Release of information to civil or criminal law enforcement agencies:
Information may be disclosed to any civil or criminal law enforcement
agency, whether Federal, State, local, or foreign, which requires
information relevant to a civil or criminal investigation.
Release of information to agencies regarding the hiring or retention
of employees: Information may be disclosed to officials and employees
of the White House or any Federal agency which requires information
relevant to an agency decision concerning the hiring, appointment, or
retention of an employee; the issuance of a security clearance; the
execution of a security or suitability investigation; the
classification of a job; or the issuance of a grant or benefit.
Release of information to Federal, State, and local licensing
agencies: Information may be disclosed to Federal, State, and local
licensing agencies or associations which require information
concerning the suitability or eligibility of an individual for a
license or permit.
Release of information before a court or adjudicative body:
Information may be disclosed in a proceeding before a court or
adjudicative body before which the Office of the Deputy Attorney
General (ODAG) is authorized to appear when (a) ODAG, or any
subdivision thereof, or (b) any employee of ODAG in his or her
official capacity, or (c) any employee of ODAG in his or her
individual capacity where the Department of Justice has agreed to
represent the employee, or (d) the United States, where ODAG
determines that the litigation is likely to affect it or any of its
subdivisions, is a party to litigation or has an interest in
litigation and such records are determined by ODAG to be arguably
relevant to the litigation.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
These records are stapled together.
Retrievability:
Information is retrieved by use of the applicant's name, as these
records are filed by use of the first letter of the applicant's last
name.
Safeguards:
These records are maintained in cabinets stored in a locked room.
Retention and disposal:
These records are retained, in the case of applicants who are not
offered positions, for one year and then destroyed. In the case of
accepted applicants, their records enter the Civil Service system.
System manager(s) and address:
Associate Deputy Attorney General, Office of the Deputy Attorney
General, United States Department of Justice, 10th and Constitution
Avenue, NW, Washington, DC 20530.
Notification procedure:
Same as the above.
Record access procedures:
A request for access to these records should be directed orally or in
writing to the System Manager. When requests are in writing, the
envelope and letter should clearly be marked `Privacy Access Request'.
Contesting record procedures:
Individuals desiring to contest or amend information maintained in the
system should direct their request to the System Manager, stating
clearly and concisely what information is being contested, the reasons
for contesting it, and the proposed amendment(s) to the information.
Record source categories:
Information contained in this system is obtained from the applicant
and references provided by him.
Systems exempted from certain provisions of the act:
None.
JUSTICE/DAG-010
System name: United States Judge and Department of Justice
Presidential Appointee Records.
System location:
Office of the Deputy Attorney General, United States Department of
Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system:
This system encompasses all United States Judges and all Department of
Justice Presidential Appointees.
Categories of records in the system:
A. 1. Card index relating to United States Judges which includes name,
salary, Congress of appointment, State of birth, political party (if
voluntarily provided), religion (if voluntarily provided), and
American Bar Association rating.
2. Information on the above mentioned card index, except religion, is
also maintained on word processing equipment.
B. Cross index of judges' names and districts.
C. Roster of districts showing the dates of duty of district court
judges and Department of Justice Presidential Appointees, indexed
alphabetically by name.
D. Book of commissions of United States Judges and Department of
Justice Presidential Appointees in order by date of appointment and
indexed alphabetically by name.
E. Nomination book showing the name of the nominated Judge or
Department of Justice Presidential Appointee, the date the proposed
nomination was sent to the White House, the date the nomination was
made to the Senate, the date of confirmation, the date of appointment,
and the date of entrance on duty. This book is in chronological order,
and is indexed alphabetically by name of the nominee.
Authority for maintenance of the system:
These records are maintained pursuant to 5 U.S.C. 301.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These records are maintained to make responses to public inquiries
regarding these individuals noted in Categories of individuals (the
political party and religion of an appointee is not released), and for
Department internal purposes.
Release of information to the new media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from system of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon the
Member's behalf when the Member or staff requests the inforation on
behalf of and at the request of the individual who is the subject of
the record.
Release of information to the National Archives and Records
Administration: A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) in records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Release of information to civil or criminal law enforcement agencies:
Information may be disclosed to any civil or criminal law enforcement
agency, whether Federal, State, local, or foreign, which requires
information relevant to a civil or criminal investigation.
Release of information to agencies regarding the hiring or retention
of employees: Information may be disclosed to officials and employees
of the White House or any Federal agency which requires information
relevant to an agency decision concerning the hiring, appointment, or
retention of an employee; the issuance of a security clearance; the
execution of a security or suitability investigation; the
classification of a job; or the issuance of a grant or benefit.
Release of information to Federal, State, and local licensing
agencies: Information may be disclosed to Federal, State, and local
licensing agencies or associations which require information
concerning the suitability or eligibility of an individual for a
license or permit.
Release of information before a court or adjudicative body:
Information may be disclosed in a proceeding before a court or
adjudicative body before which the Office of the Deputy Attorney
General (ODAG) is authorized to appear when (a) ODAG, or any
subdivision thereof, or (b) any employee of ODAG in his or her
official capacity, or (c) any employee of ODAG in his or her
individual capacity where the Department of Justice has agreed to
represent the employee, or (d) the United States, where ODAG
determines that the litigation is likely to affect it or any of its
subdivisions, is a party to litigation or has an interest in
litigation and such records are determined by ODAG to be arguably
relevant to the litigation.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
These records are kept on cards, in folders, in books, or on
diskettes.
Retrievability:
Information is retrieved by those data elements identified in the
``Categories of Records in the System'' section of this notice.
Safeguards:
Biological sketches and diskettes are kept in a locked safe. All other
information is kept in cabinets or card files.
Retention and disposal:
This information is maintained indefinitely.
System manager(s) and address:
Associate Deputy Attorney General, Office of the Deputy Attorney
General, United States Department of Justice, 10th and Constitution
Avenue, NW, Washington, DC 20530.
Notification procedure:
Same as the above.
Record access procedures:
A request of access to these records should be directed orally or in
writing to the System Manager. When requests are in writing the
envelope and letter should clearly be marked ``Privacy Access
Request.''
Contesting record procedures:
Individuals desiring to contest or amend information maintained in the
system should direct their request to the System Manager, stating
clearly and concisely what information is being contested, the reasons
for contesting it, and the proposed amendment(s) to the information.
Record source categories:
Information contained in this system is obtained from the individuals
who are the subjects of the records and from other Department of
Justice records.
Systems exempted from certain provisions of the act:
None.
JUSTICE/DAG-011
System name: Miscellaneous Attorney Personnel Records System.
System location:
Office of the Deputy Attorney General United States Department of
Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system:
Persons who applied to or are employed by the Department of Justice as
attorneys and are not included within another OAAG system.
Categories of records in the system:
This system of records consists of records folders which may contain
up to a total of four sections. The personnel section contains records
such as resumes, letter of recommendation, law school grade
transcripts, completed Civil Service forms, and related personnel
matters. The character section contains completed or portions of
ongoing background investigations and matters related thereto. The
Congressional section contains Congressional and other political type
recommendations regarding appointment. The protest section contains
correspondence, if any exists, protesting the appointment of
applicants. The complaint section contains correspondence from
individuals or groups complaining about office holders and may contain
matters relating to the disposition of those complaints. Rarely does a
personnel folder contain more than the personnel and character
sections.
Authority for maintenance of the system:
The records are maintained pursuant to 5 U.S.C. 301.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These records are used only by Department of Justice personnel.
Information contained in a folder may be used as the basis for
answering future inquiries from other government agencies about a
former employee's qualifications. The personnel section may be made
available to other federal agencies, at their request, upon the
transfer of an employee to such an agency.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress: Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration: A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) in records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Release of information to civil or criminal law enforcement agencies:
Information may be disclosed to any civil or criminal law enforcement
agency, whether Federal, State, local, of foreign, which requires
information relevant to a civil or criminal investigation.
Release of information to agencies regarding the hiring or retention
of employees: Information may be disclosed to officials and employees
of the White House or any Federal agency which requires information
relevant to an agency decision concerning the hiring, appointment, or
retention of an employee; the issuance of a security clearance; the
execution of a security or suitability investigation; the
classification of a job; or the issuance of a grant or benefit.
Release of information to Federal, State, and local licensing
agencies: Information may be disclosed to Federal, State, and local
licensing agencies or associations which require information
concerning the suitability or eligibility of an individual for a
license or permit.
Release of information before a court or adjudicative body:
Information may be disclosed in a proceeding before a court or
adjudicative body before which the Office of the Deputy Attorney
General (ODAG) is authorized to appear when (a) ODAG, or any
subdivision thereof, or (b) any employee of ODAG in his or her
official capacity, or (c) any employee of ODAG in his or her
individual capacity where the Department of Justice has agreed to
represent the employee, or (d) the United States, where ODAG
determines that the litigation is likely to affect it or any of its
subdivisions, is a party to litigation or has an interest in
litigation and such records are determined by ODAG to be arguably
relevant to the litigation.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
These records are stored in paper folders.
Retrievability:
Information is retrieved by use of an individual's name, as the
folders are filed alphabetically by name.
Safeguards:
These records are maintained in cabinets stored in a lockable room.
Retention and disposal:
These records are retained until the subjects of the files resign or
otherwise leave their offices for non-federal employment. In that
instance, the personnel section is sent to the St. Louis Records
Center for an indefinite period. If the individual transfers to
another agency of the Federal government, the personnel section is
sent to the gaining agency. All other sections of the folder are
destroyed six months after the individual leaves office. The entire
folders of individuals who were applicants and were not offered
employment or did not accept employment with the Department are
destroyed one year after final action is taken on the application.
System manager(s) and address:
Associate Deputy Attorney General, Office of the Deputy Attorney
General, United States Department of Justice, 10th and Constitution
Avenue, NW, Washington, DC 20530.
Notification procedure:
Address all inquiries to the System Manager. These records will be
exempted from subsections (d)(1) and (e)(1) of section 552a, Title 5,
United States Code, by the Attorney General under the authority of 5
U.S.C. 552a(k)(5) to the extent therein permitted.
Record access procedures:
A request for access to non-exempt portions of records from this
system should be directed orally or in writing to the System Manager.
When requests are in writing, the envelope and letter should clearly
be marked ``Privacy Access Request.''
Contesting record procedures:
Individuals desiring to contest or amend information maintained in the
system should direct their request to the System Manager, stating
clearly and concisely what information is being contested, the reasons
for contesting it, and the proposed amendment(s) to the information.
Record source categories:
Non-exempt sources of information contained in this system include the
individuals who are the subjects of the records, government agencies
as appropriate, and interested third parties.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (d)(1)
and (e)(1) of the Privacy Act pursuant to 5 U.S.C. 552a(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.
JUSTICE/DAG-012
System name: Executive Secretariat Correspondence Control
System.
System location:
Office of the Deputy Attorney General, Department of Justice, Room
4408, 10th and Constitution Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system:
Individuals who have written to the Attorney General; Deputy Attorney
General; Associate Attorney General; Assistant Attorney General,
Office of Legislative Affairs; or Director, Office of Public Affairs.
Categories of records in the system:
Control information from incoming and outgoing correspondence to
include a subject narrative, names of individual correspondents and
organizations preparing a response to mail or initiating
correspondence, and type of action and due date of such action
required from the Department. This information is contained on hard-
copy printouts and mini-computer disc units.
Authority for maintenance of the system:
5 U.S.C. 301.
Purpose(s):
To provide the capability to control and track correspondence to
ensure a timely response thereto and/or any other required action.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Primary use of the system is limited to the Executive Secretariat
staff and to officials who need access to perform official duties.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to Title 28 of the
Code of Federal Regulations, section 50.2 may be made available 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.
Release of information to Members of Congress: Disclosure may be made
to a congressional office or to the Executive Office of the President
from a record of an individual in response to an inquiry from either
of these offices made at the request of that individual.
Release of information to the National Archives and Records
Administration: A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) in records management inspection conducted under the authority
of 44 U.S.C. 2904 and 2906.
Release of information to civil or criminal law enforcement agencies:
Information may be disclosed to any civil or criminal law enforcement
agency, whether Federal, State, local, or foreign, which requires
information relevant to a civil or criminal investigation.
Release of information to agencies regarding the hiring or retention
of employees: Information may be disclosed to officials and employees
of the White House or any Federal agency which requires information
relevant to an agency decision concerning the hiring, appointment, or
retention of an employee; the issuance of a security clearance; the
execution of a security or suitability investigation; the
classification of a job; or the issuance of a grant or benefit.
Release of information to Federal, State, and local licensing
agencies: Information may be disclosed to Federal, State, and local
licensing agencies or associations which require information
concerning the suitability or eligibility of an individual for a
license or permit.
Release of information before a court or adjudicative body:
Information may be disclosed in a proceeding before a court or
adjudicative body before which the Office of the Deputy Attorney
General (ODAG) is authorized to appear when (a) ODAG, or any
subdivision thereof, or (b) any employee of ODAG in his or her
official capacity, or (c) any employee of ODAG in his or her
individual capacity where the Department of Justice has agreed to
represent the employee, or (d) the United States, where ODAG
determines that the litigation is likely to affect it or any of its
subdivisions, is a party to litigation or has an interest in
litigation and such records are determined by ODAG to be arguably
relevant to the litigation.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are maintained as follows: Hard-copy printouts are stored in
standard file cabinets in a locked area; computer records are stored
on on-line mini-computer disc units at the mini-computer/word
processing site.
Retrievability:
Control records are retrieved by name of sender, addressee, date of
receipt, due date and organization responsible for preparing the
response. Records are used for the tracking/control of correspondence
of concern to the Attorney General, Deputy Attorney General, Associate
Attorney General and their staffs; the Assistant Attorney General,
Office of Legislative Affairs and the Director, Office of Public
Affairs and their staffs.
Safeguards:
During working hours, direct access is limited to the staff of the
Executive Secretariat, and to officials with a need to know, to both
hard-copy and mini-computer resident records. During nonworking hours,
access to hard-copy records is limited to staff/officials with keys to
both the file cabinets and rooms where the records are stored.
Computer terminal locations are protected at all times with user
identification numbers and passwords to the computer system.
Retention and disposal:
A request for records disposition authority is being prepared for
approval by the National Archives and Records Administration.
System manager(s) and address:
Office of the Deputy Attorney General, Department of Justice,
Executive Secretariat, Room 4408, 10th and Constitution Avenue, NW,
Washington, DC 20530.
Notification procedure:
Inquiries should be addressed to the system manager. To locate a
specific record, the system manager must be provided with the name of
the individual who corresponded with the Attorney General; Deputy
Attorney General; Associate Attorney General; Assistant Attorney
General, Office of Legislative Affairs; or Director, Office of Public
Affairs and with the date and subject matter of the correspondence.
The address is the same as above.
Record access procedures:
Same as notification procedures, Requesters should also reasonably
specify the record contents being sought. (Access procedures are found
in title 28 of the Code of Federal Regulations, part 16.)
Contesting record procedures:
Contact the official at the address specified under Notification
procedures above, and reasonably identify the record and specify the
information to be contested. (Access and contesting procedures are
found in title 28 of the Code of Federal Regulations, part 16.)
Record source categories:
Control records are derived from the incoming and outgoing
correspondence of the Attorney General; Deputy Attorney General;
Associate Attorney General; Assistant Attorney General, Office of
Legislative Affairs; and Director, Office of Public Affairs.
Systems exempted from certain provisions of the act:
None.
JUSTICE/DAG-013
System name: General Files System of the Office of the Deputy
Attorney General.
System location:
Office of the Deputy Attorney General, United States Department of
Justice, 10th and Constitution Avenue NW, Washington, DC 20530.
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 Deputy 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.
Categories of records in the system:
Records may include case files, litigation materials, exhibits,
internal memoranda and reports, or other records on a given subject or
individual. Records vary in number and kind according to the breadth
of the Deputy Attorney General's responsibilities (28 CFR 0.15) and
are limited to those which are of such significance that the Deputy
Attorney General has investigative, policy, law enforcement, or
administrative interest. An index to these records is described under
the caption ``Retrievability.''
Authority for maintenance of the system:
These records are maintained pursuant to 5 U.S.C. 301.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These records may be disclosed 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 privacy.
These records may be disclosed to a Member of Congress or staff acting
on the Member's behalf when the Member or staff requests the
information for investigative or policy decisionmaking purposes or to
provide constituent assistance.
These records may be disclosed to members of the judicial branch of
the Federal Government in response to a specific request where
disclosure appears relevant to the authorized function of the
recipient judicial office or court system.
These records may be disclosed to any civil or criminal law
enforcement authorities, whether Federal, State, local, or foreign,
which require information relevant to a civil or criminal
investigation.
These records may be disclosed to the National Archives and Records
Administration (NARA) in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
These records may be disclosed to officials and employees of the White
House or any Federal agency which requires information relevant to an
agency decision concerning the hiring, appointment, or retention of an
employee, the issuance of a security clearance, the conducting of a
security or suitability investigation, the classifying of a job, or
the issuance of a grant or benefit.
These records may be disclosed to Federal, State, and local licensing
agencies or associations which require information concerning the
eligibility or suitability of an individual for a license or permit.
These records may be disclosed in a proceeding before a court or
adjudicative body before which the Office of the Deputy Attorney
General is authorized to appear when (a) the Office of the Deputy
Attorney General, or any subdivision thereof, or (b) any employee of
the Office of the Deputy Attorney General in his or her official
capacity, or (c) any employee of the Office of the Deputy Attorney
General in his or her individual capacity where the Department of
Justice has agreed to represent the employee, or (d) the United
States, where the Office of the Deputy Attorney General determines
that the litigation is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such
records are determined by the Office of the Deputy Attorney General to
be arguably relevant to the litigation.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are stored in paper folders and on index cards. As of April,
1982, the index record is also stored on magnetic disks.
Retrievability:
Deputy Attorney General records created prior to 1973 were
incorporated into Attorney General files, and are retrievable from the
index to the General Files System of the Office of the Attorney
General. Records created by the Office of the Deputy Attorney General
since 1973 are indexed and retrieved manually by use of the subject
title, individual's name, or Department component which created the
record. As of April 1982, records may also be retrieved through a
computerized logging system.
Safeguards:
Records are maintained in locked cabinets stored in a locked room or,
in the case of those records that are classified, in safes or vaults
stored in a locked room. The computer is also maintained in a locked
room. The computer has a key lock and may be accessed only by persons
with a Top Secret clearance by use of a code.
Retention and disposal:
Records are kept indefinitely.
System manager(s) and address:
Associate Deputy Attorney General, Office of the Deputy Attorney
General, United States Department of Justice, 10th and Constitution
Avenue, NW, Washington, DC 20530.
Notification procedure:
Address all inquiries to the system manager. These records will be
exempted from subsections (c) (3) and (4); (d); (e) (1), (2), and (3),
(e)(4) (G) and (H), (e)(5); and (g) of the Privacy Act pursuant to 5
U.S.C. 552a(j)(2), (k)(1), (k)(2), and (k)(5).
Record access procedures:
Make all requests for access to records from this system in writing to
the system manager, and clearly mark both the letter and envelope
``Privacy Act Request.''
Contesting record procedures:
Make all requests to contest or amend information maintained in the
system in writing to the system manager. State clearly and concisely
what information is being contested, the reasons for contesting it,
and the proposed amendment(s) to the information.
Record source categories:
Sources of information contained in this system include individuals,
State, local and foreign government agencies as appropriate, the
executive and legislative branches of the Federal Government, and
interested third parties.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c) (3)
and (4); (d); (e) (1), (2), and (3), (e)(4) (G) and (H), (e)(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
requirement 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 relates
to official Federal investigations and law enforcement matters. Those
files indexed under an individual's name and which concern policy
formulation or administrative matters are not being exempted pursuant
to 5 U.S.C. 552(j)(2), (k)(1), (k)(2) or (k)(5).
DEPARTMENT OF JUSTICE
Antitrust Division
JUSTICE/ATR-001
System name: Antitrust Division Expert Witness File.
System location:
U.S. Department of Justice, 10th & Constitution Avenue, NW,
Washington, DC 20530.
Categories of individuals covered by the system:
Individuals who have served in the capacity of an expert for the
Department of Justice in Connection with civil or criminal antitrust
litigation.
Categories of records in the system:
This system contains the names of persons used by the Antitrust
Division in an expert capacity and also indicates the area of their
specialty, the type of service rendered, the fees paid, and the dates
on or during which such services were performed.
Authority for maintenance of the system:
Authority for the establishment and maintenance of this system exists
under 44 U.S.C. 3101 and 28 U.S.C. 522.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
This system is routinely used by trial attorneys of the Antitrust
Division when considering the selection of experts as witnesses for
the development or presentation of specific antitrust cases. The
system also serves as a reference resource for Division personnel in
compiling statistical information or reports regarding the actual or
anticipated costs of litigation.
A record maintained in this system, or any facts derived therefrom,
may be disseminated in a proceeding before a court or adjudicative
body before which the Antitrust Division is authorized to appear, when
(1) the Antitrust Division, or any subdivision thereof; or (2) any
employee of the Antitrust Division in his or her official capacity; or
(3) any employee of the Antitrust Division in his or her individual
capacity where the Department of Justice has agreed to represent the
employee; or (4) the United States, or any agency or subdivision
thereof; or (5) the United States, where the Antitrust Division
determines that the litigation is likely to affect it or any of its
subdivisions, is a party to litigation or has an interest in
litigation and such records are determined by the Antitrust Division
to be arguably releveant to the litigation.
Release of information to the news media:
Information permitted to be released to the news medias and the public
pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the Department of Justice 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.
Release of information to members of Congress:
Information contained in systems of records maintained by the
Department of Justice, not otherwise required to be released pursuant
to 5 U.S.C. 552, may be made available to a Member of Congress or
staff acting upon the Member's behalf when the Member or staff
requests the information on the individual who is the subject of the
record.
Release of information to the National Archives and Records
Administration:
A record from a system of records may be disclosed as a routine use to
the National Archives and Records Administration (NARA) in records
management inspections conducted under the authority of 44 U.S.C. 2904
and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information maintained in this system is contained in documents
organized in individual file folders.
Retrievability:
Information is retrieved primarily by using the name of the individual
called as an expert witness for the Government in antitrust cases
brought by the Department.
Safeguards:
Information contained in the system is unclassified. During working
hours access to the system is controlled and monitored by Antitrust
Division personnel in the area where the system is maintained; during
non-duty hours all doors to that area are locked.
Retention and disposal:
Indefinite.
System manager(s) and address:
Executive Officer, Antitrust Division, U.S. Department of Justice,
10th & Constitution Avenue, NW, Washington, DC 20530.
Notification procedure:
Address inquiries to the Assistant Attorney General, Antitrust
Division, U.S. Department of Justice, 10th & Constitution Avenue NW,
Washington, DC 20530.
Record access procedures:
Requests for access to a record from this system shall be in writing
and be clearly identified as a ``Privacy Access Request''. Including
in the request should be the name of the person presented as an expert
witness for the Government and the name of the case in which such
services were rendered. The requester should indicate a return
address. Requests will be directed to the System Manager shown above.
Contesting record procedures:
Individuals desiring to contest or amend information maintained in the
system should direct their requests to the System Manager and state
clearly and concisely when information is being contested, the reasons
for contesting it and the proposed amendment to the information
sought.
Record source categories:
Sources of information maintained in this system are those records
reflecting the commitment between the individual and the Department of
Justice (including matters of compensation etc.) and staff attorneys
or other employees directly involved with the individual in the
preparation or conduct of the litigation.
Systems exempted from certain provisions of the act:
None.
JUSTICE/ATR-002
System name: Congressional and White House Referral
Correspondence Log File.
System location:
U.S. Department of Justice, 10th & Constitution Avenue, NW,
Washington, DC 20530.
Categories of individuals covered by the system:
Present and former members of Congress and citizens whose
correspondence is received directly or referred by government
officials, members of Congress or Congressional or White House staff.
Government officials, Members of Congress, Congressional or White
House staff who refer the correspondence.
Categories of records in the system:
This system contains an index record to correspondence received from
the individuals covered by this system.
Authority for maintenance of the system:
Authority for the establishment and maintenance of this system exists
under 44 U.S.C. 3101 and 5 U.S.C. 301.
Purpose(s):
The purpose of this system is to enable Antitrust Division personnel
to monitor responses to the correspondence and to identify any other
related correspondence/material.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
A record maintained in this system, or any facts derived therefrom,
may be disseminated in a proceeding before a court or adjudicative
body before which the Antitrust Division is authorized to appear, when
(1) the Antitrust Division, or any subdivision thereof; or (2) any
employee of the Antitrust Division in his or her official capacity; or
(3) any employee of the Antitrust Division in his or her individual
capacity where the Department of Justice has agreed to represent the
employee; or (4) the United States, or any agency or subdivision
thereof; or (5) the United States, where the Antitrust Division
determines that the litigation is likely to affect it or any of its
subdivisions, is a party to litigation and such record are determined
by the Antitrust Division to be arguably relevant to the litigation.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice unless it is determined the release of the specific
information in the context of a particular case would constitute an
unwarranted invasion of personal privacy.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to Members of Congress or staff acting upon the
Member's behalf when the Member or staff requests the information on
behalf of and at the request of the individual who is subject of the
record.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to NARA and GSA in records management inspections conducted under
the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper documents are stored in looseleaf binders and file folders;
abbreviated or summarized information is stored in a computerized
tracking system.
Retrievability:
Inquiry and response documents are retrieved by date or through manual
and automated indexes which are accessed by name, subject matter,
control number, etc. Summary data on inquiries received prior to March
7, 1983, is retrieved from the manual index cards; as of March 7,
1983, a summary data is retrieved from magnetic disks and tapes.
Summary data includes such data elements as name of the individual
and/or entity who originated the inquiry or referral, subject matter,
date of inquiry, date assigned, date of response, etc.
Safeguards:
Information contained in the system is unclassified. During working
hours access to the system is controlled and monitored by Antitrust
division personnel in the area where the system is maintained; during
non-duty hours all doors to such area are locked. In addition only
Antitrust Division personnel who have a need for the information
contained in the system have the appropriate password for access to
the system.
Retention and disposal:
Indefinite.
System manager(s) and address:
Chief, Legislative Unit, Antitrust Division, U.S. Department of
Justice: 10th & Constitution Avenue NW, Washington, DC 20530.
Notification procedure:
Address inquiries to the Assistant Attorney General, Antitrust
Division, Department of Justice, 10th & Constitution Avenue NW,
Washington, DC 20530.
Record access procedures:
Request for access for a record from this system shall be written and
clearly identified as ``Privacy Access Request''. The request should
include the name of the individual and/or entity who originated the
inquiry or referral and the date thereof. Requester should indicate a
return address.
Contesting record procedures:
Individuals desiring to contest or amend information maintained in the
system should state clearly and concisely what information is being
contested, the reasons for contesting it and the proposed amendment to
the information sought.
Record source categories:
The individuals covered by the system are the record sources of this
system.
Systems exempted from certain provisions of the act:
None.
JUSTICE/ATR-003
System name:
Index of Defendants in Pending and Terminated Antitrust Cases.
System location:
U.S. Department of Justice: Liberty Place, Suite 200, Washington, DC
20530.
Categories of individuals covered by the system:
Individual defendants in pending and terminated criminal and civil
cases brought by the United States under the antitrust laws.
This system contains an index reference to the case in which an
individual (or corporation) is or was a defendant; included in
information is proper case name, the judicial district and number of
the case, and the date filed.
Authority for maintenance of the system:
Authority for the establishment and maintenance of this index system
exists under 28 U.S.C. 522 and 44 U.S.C. 3101.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Routine use of this cross index system is generally made by Department
personnel for reference to proper case name. In addition a compilation
of antitrust cases filed is prepared as needed showing the names of
all defendants in pending civil and criminal Government antitrust
cases. This compilation is utilized within the Department and
occasionally distributed to other Government agencies for reference
and statistical purposes.
A record maintained in this system, or any facts derived therefrom,
may be disseminated in a proceeding before a court or adjudicative
body before which the Antitrust Division is authorized to appear, when
(1) the Antitrust Division, or any subdivision thereof; or (2) any
employee of the Antitrust Division in his or her official capacity; or
(3) any employee of the Antitrust Division in his or her individual
capacity where the Department of Justice has agreed to represent the
employee; or (4) the United States, or any agency or subdivision
thereof; or (5) the United States, where the Antitrust Division
determines that the litigation is likely to affect it or any of its
subdivisions, is a party to litigation or has an interest in
litigation and such records are determined by the Antitrust Division
to be arguably relevant to the litigation.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress: Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information in the system is maintained on index cards.
Retrievability:
Information in the system is retrieved by reference to the name of
individual or corporate defendants in antitrust cases.
Safeguards:
Information contained in the system is unclassified and of a public
nature. During working hours access to the index is monitored by
Antitrust Division personnel; during non-duty hours the area in which
the system is maintained is locked.
Retention and disposal:
Indefinite.
System manager(s) and address:
Chief, Freedom of Information Act/Privacy Act Unit, Antitrust
Division, U.S. Department of Justice, Liberty Place, Suite 200,
Washington, DC 20530.
Notification procedure:
Address inquiries to the Assistant Attorney General, Antitrust
Division, U.S. Department of Justice, Washington, DC 20530.
Record access procedures:
Requests for access to a record from this system shall be in writing
and be clearly identified as a ``Privacy Access Request''. Included in
the request should be the name of the defendant in pending or
terminated Government antitrust litigation. Requesters should indicate
a return address. Requests will be directed to the System Manager
shown above.
Contesting record procedures:
Individuals desiring to contest or amend information maintained in the
index should direct their request to the System Manager and state
clearly and concisely what information is being contested, the reasons
for contesting it, and the proposed amendment to the information
sought.
Record source categories:
Sources of information contained in this index are complaints filed
under the antitrust laws by the United States and from Department
records relating to such cases.
Systems exempted from certain provisions of the act:
None.
JUSTICE/ATR-004
System name:
Statements by Antitrust Division Officials (ATD Speech File).
System location:
U.S. Department of Justice, Liberty Place, Suite 200, Washington, DC
20530.
Categories of individuals covered by the system:
Past and present employees of the Antitrust Division.
Categories of records in the system:
This system contains an index record for each public statement or
speech issued or made by employees of the Antitrust Division.
Authority for maintenance of the system:
Authority for maintaining this system exists under 44 U.S.C. 3101.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
This index is maintained for ready reference by Department personnel
for the identification of the subject matter of and persons
originating public statements by Antitrust Division employees; such
reference is utilized in aid of compliance with requests from the
public and within the agency for access to texts of such statements.
A record maintained in this system, or any facts derived therefrom,
may be disseminated in a proceeding before a court or adjudicative
body before which the Antitrust Division is authorized to appear, when
(1) the Antitrust Division, or any subdivision thereof; or (2) any
employee of the Antitrust Division in his or her official capacity; or
(3) any employee of the Antitrust Division in his or her individual
capacity where the Department of Justice has agreed to represent the
employee; or (4) the United States, or any agency or subdivision
thereof; or (5) the United States, where the Antitrust Division
determines that the litigation is likely to affect it or any of its
subdivisions, is a party to litigation or has an interest in
litigation and such records are determined by the Antitrust Division
to be arguably relevant to the litigation.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress: Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information contained in the index system is maintained on index
cards.
Retrievability:
This reference index utilizes name of present and former employees
making or issuing statements as well as the subject matter or title of
the statement.
Safeguards:
Information contained in the system is unclassified. During duty hours
personnel monitor access to this index; the area is locked during non-
duty hours.
Retention and disposal:
Indefinite.
System manager(s) and address:
Chief, Freedom of Information Act/Privacy Act Unit, Antitrust
Division, U.S. Department of Justice, Liberty Place, Suite 200,
Washington, DC 20530.
Notification procedure:
Address inquiries to the Assistant Attorney General, Antitrust
Division, U.S. Department of Justice, 10th and Constitution Avenue NW,
Washington, DC 20530.
Record access procedures:
Request for access to a record from this system should be made in
writing and be clearly identified as a ``Privacy Access Request''.
Included in the request should be the name of the Antitrust Division
employee making or issuing a public statement. Requesting should
indicate a return address. Requests will be directed to the System
Manager shown above.
Contesting record procedures:
Individuals desiring to contest or amend information maintained in the
index should direct their request to the System Manager and state
clearly and concisely what information is being contested, the reasons
for contesting it, and the proposed amendment to the information
sought.
Record source categories:
Sources of information maintained in the index are those records
reflecting public statements issued or made by Antitrust Division
employees.
Systems exempted from certain provisions of the act:
None.
JUSTICE/ATR-005
System name: Antitrust Information Management System (AMIS)--
Time Reporter.
System location:
U.S. Department of Justice, 10th and Constitution Ave., NW,
Washington, DC 20530.
Categories of individuals covered by the system:
Professional employees of the Antitrust Division of the U.S.
Department of Justice.
Categories of records in the system:
The file contains the employees' name and allocations of his/her work
time.
Authority for maintenance of the system:
The file will be established and maintained pursuant to the following
authorities: 28 CFR 0.40(f), 28 U.S.C. 522, 31 U.S.C. 11, 31 U.S.C.
66a, 5 U.S.C. 301, and 2 U.S.C. 601.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The file is used by Antitrust Division personnel to keep track of
resources and as a basis for determining Antitrust Division
allocations of resources (professional time) to particular products
and industries (e.g., oil, auto, chemicals) and to broad categories of
resource use such as conspiratorial conduct, oligopoly and monopoly,
civil cases, criminal cases, and proceedings before regulatory
agencies. In addition, the file will be employed in the preparation of
reports for the Division's budget requests and to the Attorney General
and Congress.
A record maintained in this system, or any facts derived therefrom,
may be disseminated in a proceeding before a court or adjudicative
body before which the Antitrust Division is authorized to appear, when
(1) the Antitrust Division, or any subdivision thereof; or (2) any
employee of the Antitrust Division in his or her official capacity; or
(3) any employee of the Antitrust Division in his or her individual
capacity where the Department of Justice has agreed to represent the
employee; or (4) the United States, or any agency or subdivision
thereof; or (5) the United States, where the Antitrust Division
determines that the litigation is likely to affect it or any of its
subdivisions, is a party to litigation or has an interest in
litigation and such records are determined by the Antitrust Division
to be arguably relevant to the litigation.
Release of information to Members of Congress: Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA): A record from the system of records may be disclosed to NARA
and GSA for records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are maintained electronically in the AMIS computerized
information system.
Retrievability:
Information is retrieved by a variety of key words, including names of
individuals.
Safeguards:
Information contained in the system is unclassified. It is safeguarded
and protected in accordance with Department rules and procedures
governing the handling of computerized information. Access to the file
is limited to those employees whose official duties require such
access.
Retention and disposal:
Information contained in the file is retained indefinitely.
System manager(s) and address:
Chief, Information Systems Support Group, Antitrust Division, U.S.
Department of Justice, 555 4th Street NW, Room 11-854, Washington, DC
20001.
Notification procedure:
Same as System Manager.
Record access procedures:
Same as Notification.
Contesting record procedures:
Same as Notification.
Record source categories:
Information on time allocation is provided by Antitrust Division
section and field office chiefs.
Systems exempted from certain provisions of the act:
None.
JUSTICE/ATR-006
System name: Antitrust Information Management System (AMIS)--
Matter Report.
System location:
U.S. Department of Justice, 10th and Constitution Avenue, NW,
Washington, DC 20530.
Categories of individuals covered by the system:
Professional employees of the Antitrust Division of the U.S.
Department of Justice and individual defendants and investigation
targets involved in past and present Antitrust investigations and
cases.
Categories of records in the system:
The system contains the names of Division employees and their case/
investigation assignments and the names of individual defendants/
investigation targets as they relate to a specific case/investigation.
In addition, information reflecting the current status and handling of
Antitrust cases/investigations is included within this system.
Authority for maintenance of the system:
The file is established and maintained pursuant to 28 CFR 40(f), 28
U.S.C. 522, and 44 U.S.C. 3101.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The file is used by Antitrust Division personnel as a basis for
determining Antitrust Division allocation of resources to particular
products and industries (e.g., oil, autos, chemicals), to broad
categories of resource use such as civil cases, criminal cases,
regulatory agency cases, and Freedom of Information Act requests. It
is employed by the section chiefs, the Director and Deputy Director of
Operations, and other Division personnel to ascertain the progress and
current status of cases and investigations within the Division. In
addition, the files will be employed in the preparation of reports for
the Division's budget requests and to the Attorney General and
Congress.
A record maintained in this system, or any facts derived therefrom,
may be disseminated in a proceeding before a court or adjudicative
body before which the Antitrust Division is authorized to appear, when
(1) the Antitrust Division, or any subdivision thereof; or (2) any
employee of the Antitrust Division in his or her official capacity; or
(3) any employee of the Antitrust Division in his or her individual
capacity where the Department of Justice has agreed to represent the
employee; or (4) the United States, or any agency or subdivision
thereof; or (5) the United States, where the Antitrust Division
determines that the litigation is likely to affect it or any of its
subdivisions, is a party to litigation or has an interest in
litigation and such records are determined by the Antitrust Division
to be arguably relevant to the litigation.
Release of Information to the News Media:
Information permitted to be released to the news media and the public
pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the Department of Justice 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.
Release of Information to Members of Congress:
Information contained in systems of records maintained by the
Department of Justice, not otherwise required to be released pursuant
to 5 U.S.C. 552, may be made available to a Member of Congress or
staff acting upon the Member's behalf when the Member or staff
requests the informtion on behalf of and at the request of the
individual who is the subject of the record.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA):
A record from a system of records may be disclosed as a routine use to
NARA and GSA in records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are maintained electronically in the Information systems
support group's AMIS Computerized information system.
Retrievability:
Information is retrieved by a variety of key words.
Safeguards:
Information contained in the system is unclassified. It is safeguarded
and protected in accordance with Department rules and procedures
governing the handling of computerized information. Access to the file
is limited to those persons whose official duties require such access
and employees of the Antitrust Division.
Retention and disposal:
Information contained in the file is retained indefinitely.
System manager(s) and address:
Chief, Information Systems Support Group, Antitrust Division, U.S.
Department of Justice, 555 4th Street NW, Room 11-854, Washington, DC
20001.
Notification procedure:
Address inquiries to the Assistant Attorney General, Antitrust
Division, U.S. Department of Justice, 10th and Constitution Avenue,
Washington, DC 20530.
Record source categories:
Information for the monthly reports is provided by the Antitrust
Division section and filed office chiefs.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c)(3),
(d), (e)(4)(G)-(H), and (f) of the Privacy Act pursuant to 5 U.S.C.
552a(k)(2). 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.
JUSTICE/ATR-007
System name:
Antitrust Division Case Cards.
System location:
U.S. Department of Justice, Liberty Place, Suite 200, Washington, DC
20530.
Categories of individuals covered by the system:
Individual defendants in pending and terminated criminal and civil
cases brought by the Untied States under the antitrust laws where the
defendant's name appears in the case title.
Categories of records in the system:
This system contains an index reference to the case in which an
individual (or corporation) is or was a defendant; included
information is proper case name, the judicial district, number of the
case, the commodity involved, each alleged violation, the section of
the Antitrust Division responsible for the matter, and the disposition
of the case.
Authority for maintenance of the system:
Authority for maintaining this system exists under 44 U.S.C. 3101 and
28 U.S.C. 522.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
This index is maintained for ready reference by Department personnel.
It is utilized for referrals to case names, the preparation of
speeches and to aid in determinations of the antitrust histories of
companies.
A record maintained in this system, or any facts derived thereform,
may be disseminated in a proceeding before a court or adjudicative
body before which the Antitrust Division is authorized to appear, when
(1) the Antitrust Division, or any subdivision thereof; or (2) any
employee of the Antitrust Division in his or her official capacity; or
(3) any employee of the Antitrust Division in his or her individual
capacity where the Department of Justice has agreed to represent the
employee; or (4) the United States, or any agency or subdivision
thereof; or (5) the United States, where the Antritrust Division
determines that the litigation is likely to affect it or any of its
subdivisions, is a party to litigation or has an interest in
litigation and such records are determined by the Antitrust Division
to be arguably relevant to the litigation.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon the
Member's behalf when the Member of staff requests the information on
behalf of and at the request of the individual who is the subject of
the record.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information contained in this system is maintained on index cards.
Retrievability:
Information is retrieved by case name.
Safeguards:
Information contained in the system is unclassified. During duty hours
access to this system is monitored and controlled by Antitrust
Division personnel in the area where the system is maintained. This
area is locked during non-duty hours.
Retention and disposal:
Indefinite.
System manager(s) and address:
Chief, Freedom of Information Act/Privacy Act Unit, Antitrust
Division. U.S. Department of Justice, Liberty Place, Suite 200,
Washington DC 20530.
Notification procedure:
Address inquiries to the Assistant Attorney General, Antitrust
Division, U.S. Department of Justice, 10th and Constitution Avenue,
NW, Washington, DC 20530.
Record access procedures:
Request for access to a record from this system should be made in
writing and be clearly identified as a ``Privacy Access Request.''
Included in the request should be the name of the defendant appearing
in the title of the pending or terminated Government antitrust
litigation. Requester should indicate a return address. Requests will
be directed to the System Manager above.
Contesting record procedures:
Individuals desiring to contest or amend information maintained in the
index should direct their request to the System Manager and state
clearly and concisely what information is being contested, the reasons
for contesting it, and the proposed amendment to be information
sought.
Record source categories:
Sources of information maintained in the index are those records
reflecting litigation conducted by the Antitrust Division.
Systems exempted from certain provisions of the act:
None.
JUSTICE/ATR-008
System name:
Freedom of Information/Privacy Requester/Subject Index File.
System location:
U.S. Department of Justice, Liberty Place, Suite 200, Washington, DC
20530.
Categories of individuals covered by the system:
Individuals who have requested information under the Freedom of
Information and Privacy Acts from files maintained by the Antitrust
Division and individuals about whom material has been requested under
the above acts.
Categories of records in the system:
This system contains a record of every FOIA/PA request made, along
with the response, copies of documents which have been requested, and
internal memoranda or other records related to the initial processing
of such request, subsequent appeals and/or litigation.
Authority for maintenance of the system:
44 U.S.C. 3101 to implement the provisions of 5 U.S.C. 552 and 5
U.S.C. 552a.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
This index is maintained for ready reference by Division personnel for
the identification of the subject matter of and persons originating
Freedom of Information and Privacy Act requests. Such reference is
utilized in aid of access to files, maintained by the Freedom of
Information and Privacy Unit, for purposes of reference to requests on
appeal, questions concerning pending or terminated requests, and
compliance with requests similar or identical to past requests.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from the systems of records maintained by the
Department of Justice 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.
A record maintained in this system, or any facts derived therefrom,
may be disseminated in a proceeding before a court or adjudicative
body before which the Antitrust Division is authorized to appear, when
(1) The Antitrust Division, or any subdivision thereof; or (2) any
employee of the Antitrust Division in his or her official capacity; or
(3) any employee of the Antitrust Division in his or her individual
capacity where the Department of Justice has agreed to represent the
employee; or (4) the United States, or any agency or subdivision
thereof; or (5) the United States, where the Antitrust Division
determines that the litigation is likely to affect it or any of its
subdivisions, is a party to litigation or has an interest in
litigation and such records are determined by the Antitrust Division
to be arguably relevant to the litigation.
Release of information to Members of Congress: Information contained
in systems of records maintained by the Department of Justice not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration: A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) in records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper documents are stored in file folders; abbreviated or summarized
information is stored on manual index cards and on magnetic disks and
tapes.
Retrievability:
Request files are retrieved by case number or through a cross
reference to the manual and automated indexes which are accessed by
name. Summary data on requests received through July 31, 1983, is
retrieved from the index cards; summary data as of August 1, 1983, is
retrieved from magnetic disks and tapes. Summary data consists of such
data elements as name of requester, date and subject of request, date
assigned, response date (and a brief description of the response),
case number, and date appealed, if applicable.
Safeguards:
Information contained in the system is unclassified. During duty hours
access to this system is monitored and controlled by Antitrust
Division personnel in the area where the system is maintained. The
area is locked during non-duty hours. In addition, only Antitrust
Division personnel who have a need for the information contained in
the system have the appropriate password for access to the system.
Retention and disposal:
Indefinite.
System manager(s) and address:
Freedom of Information and Privacy Acts Control Officer, Antitrust
Division, U.S. Department of Justice, Liberty Place, Suite 200,
Washington, DC 20530.
Notification procedure:
Address inquiries to the Assistant Attorney General, Antitrust
Division, U.S. Department of Justice, 10th and Constitution Avenue NW,
Washington, DC 20530.
Record access procedures:
Request for access to a record from this system should be made in
writing and be clearly identified as a ``Privacy Access Request.''
Included in the request should be the name of the individuals having
made the Freedom of Information request and/or the individual about
whom the records were requested. Requesters should indicate a return
address. Requesters will be directed to the System Manager shown
above.
Contesting record procedures:
Individuals desiring to contest or amend information maintained in the
index should direct their request to the System Manager and state
clearly and concisely what information is being contested, the reasons
for contesting it, and the proposed amendment to the information
sought.
Record source categories:
Source of the information maintained in the system are those records
derived from the receipt and processing of Freedom of Information and
Privacy Act requests.
Systems exempted from certain provisions of the act:
The Attorney General has examined this system of records from
subsections (c)(3), (d), (e)(4) (G) and (H), and (f) of the Privacy
Act. This system is exempted pursuant to 5 U.S.C. 552a(k)(2) to the
extent that the records contained in the system reflect Antitrust
Division law enforcement and investigative information. 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.
JUSTICE/ATR-009
System name: Public Compliants and Inquiries File.
System location: U.S. Department of Justice, Washington, DC 20530 and
field office locations as follows: 1776 Peachtree St., NW, Suite
420, Atlanta, GA 30309; 2634 Everett M. Dirksen Bldg., 219 S.
Dearborn St., Chicago, IL 60604; 995 Celebrezze Federal Bldg., 1240
E. 9th St., Cleveland, OH 44199; Earl Cabell Federal Bldg., Room
3101 Federal Bldg., Los Angeles, CA 90012; Room 3630, 26 Federal
Plaza, New York, NY 10007; 3430 U.S. Courthouse, Independence Mall
West, 601 Market St., Philadelphia, PA 19106; and 450 Golden Gate
Ave., Box 36046, San Francisco, CA 94102.
Categories of individuals covered by the system: Members of the public
who submit unsolicited complaints and inquiries to the Division on
official business.
Categories of records in the system: The file will contain letters or
notes of other contacts by members of the public.
Authority for maintenance of the system: The file will be established
and maintained pursuant to 44 U.S.C. 3101 and 5 U.S.C. 301.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: The file will be used by
Antitrust Division personnel to assure adequate response to initial
and subsequent contacts by the same individuals or to other contacts
regarding the same subject. Some of these contracts will also serve
to further ongoing Antitrust investigations or to initiate an
investigation for enforcement purposes. Complaints/inquiries may be
referred to other federal or state and local agencies, only if
deemed appropriate to assure complete action on the matter.
Release of information to members of Congress: Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon the
Member's behalf when the Member or staff requests the information on
behalf of and at the request of the individual who is he subject of
the record.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Records will be maintained in the form in which they are
originated, i.e., paper letters, notes and log sheets.
Retrievability: Information will be retrieved by name, subject matter
and date.
Safeguards: Information contained in the system will be unclassified.
Records will be maintained only in the offices of the Antitrust
Division and accessed only by Division employees whose official
duties require such access.
Retention and disposal: Records of contacts will be kept by individual
name for one year, after which they will be destroyed. Copies of
these contact records may be placed in a subject matter or case file
if they contain substantive information on antitrust enforcement
matters. Case and subject mater files are normally maintained for
thirty years.
System manager(s) and address: Executive Officer, Antitrust Division,
U.S. Department of Justice, Washington, DC 20530.
Notification procedure: Same as System Manager.
Record access procedures: Same as Notification.
Contesting record procedures: Same as Notification.
Record source categories: All information will be obtained from the
complaining individuals themselves.
Systems exempted from certain provisions of the act: None.
JUSTICE/ATR-014
System name:
Civil Investigative Demand (CID) Tracking System, (JUSTICE/ATR-014).
System location:
Information Systems Support Group, Antitrust Division, Department of
Justice, Judiciary Center Building, 555 4th Street, NW, Washington, DC
20001.
Categories of individuals covered by the system:
Recipients of Antitrust Division (ATD) CID's in connection with
certain ATD civil investigations.
Categories of records in the system:
The CID number, the name of the CID recipient, the name of the company
that employs the CID recipient, the date of CID, the type of CID
(documentary, interrogatory or oral), the Department of Justice file
number for the investigation and/or the title or subject of the
previous investigation for which the CID was issued, and a reference
indicating whether a matter was litigated as a result of information
obtained by CID.
Authority for maintenance of the system:
The system is maintained pursuant to 28 U.S.C. 522, 44 U.S.C. 3101,
and 28 CFR 0.40(a).
Purpose(s):
The proposed system contains information relating to the issuance of
CID's (CID's require the production of documents and/or answers to
written interrogatories, or oral testimony in connection with certain
ATD civil investigations.) The system will be used by ATD to determine
whether a party has been the recipient of a CID during a previous
investigation(s), to identify the title (or nature) of that
investigation(s), and to determine whether that individual should be
issued a CID in an ongoing investigation(s).
Routine uses of records maintained in the system, including categories
of users and the purpoose of such uses:
Where ATD has reason to believe that information from this system of
records, e.g., names of individuals who are potential sources of
information, may assist another agency (whether Federal State, local
or foreign) in the conduct of its investigation(s) the information may
be disclosed to such agency to provide that agency with or to assist
the agency in identifying essential investigative leads.
Records or information may be disclosed as a routine use in a
proceeding before a court or adjudicative body before which the
Department 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 Department to be arguably relevant to the
litigation: The Department or any of the Department's components or
its subdivisions; any Department employee in his or her official
capacity, or in his or her individual capacity where the Department of
Justice agrees to represent the employee; or the United States where
the Department determines that the litigation is likely to affect it
or any of the Department's components or its subdivisions.
Records or information permitted to be released to the news media and
the public pursuant to 28 CFR 50.2 may be made available 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.
Records or information may be disclosed as is necessary to respond to
congressional inquiries on behalf of constituents
Records may be disclosed to the National Archives and Records
Administration (NARA) and to the General Services Administration in
records management inspections conducted under the authority of title
44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
The records in this system are stored in a computer database.
Retrievability:
Records are retrieved by the name of the individual who has been
issued a CID.
Safeguards:
The information stored on the computer database is password-protected.
Passwords and user ID's are issued to authorized ATD employees only on
a need-to-know basis.
Retention and disposal:
Proposed plans for the retention and disposal of these records are
being reviewed by the Department. Upon submission to and approved by
the NARA, this system notice will be revised to identify the
appropriate General Records Schedule that will govern the disposition
of these records.
System manager(s) and address:
The system manager is the Chief, Information Systems Support Group,
Antitrust Division, Department of Justice, Judiciary Center Building,
room 11852, 555 4th Street, NW, Washington, DC 20001.
Notification procedure:
Inquiries should be addressed to the Freedom of Information Act/
Privacy Act (FOIA/PA) Officer, Antitrust Division, Department of
Justice Liberty Place, Suite 200, Washington, DC 20530. Clearly mark
the letter and envelop ``FOIA/PA Request.''
Record access procedures:
Make all requests for access in writing and clearly mark the letter
and envelope ``FOIA/PA Request.'' Clearly indicate the name of the
requester, name of the individual for which information is sought and
provide the required verification of identity (28 CFR 16.41(d)).
Direct all requests to the FOIA/PA Officer listed above and provide a
return address for transmitting the information.
Contesting record procedures:
Direct all requests to contest or amend information to the FOIA/PA
Officer listed above. State clearly and concisely the information
being contested, the reason for contesting it, and the proposed
amendment to the information sought. Clearly mark the letter and
envelop ``FOIA/PA Request.''
Record source categories:
Employers of CID recipients, or other investigative sources, who may
provide the names of potential CID recipients; the individuals covered
by the system; and records generated by virtue of the issuance of
CID's.
Systems exempted from certain provisions of the act:
None.
DEPARTMENT OF JUSTICE
BUREAU OF PRISONS
JUSTICE/BOP-001
System name: Custodial and Security Record System.
System location: Records may be retained at any of the Bureau's
facilities, the Regional Offices and the Central Office. All
requests for records may be made to the Central Office: U.S. Bureau
of Prisons, 320 First Street NW, Washington, DC 20534.
Categories of individuals covered by the system: Current and former
inmates unde the custody of the Attorney General.
Categories of records in the system: (1) Conduct Records; (2) Escape
Information; (3) Assault Information; (4) Disturbance Information;
(5) Investigative Reports; (6) Social Data; (7) Bus Movements; (8)
Transfers; (9) Emergency Plans; (10) Daily Activity Sheet; (11)
Intelligence Information; (12) Segregation Reports and Log Book;
(13) Special Offender List; (14) Physical Health Data; (15) Personal
Property Records; (16) Identification and Sentence Data; (17)
Records of Work and Housing Assignments; (18) Visiting and Mail
Records; (19) Confidential Informant Information from Inmates,
Staff, and Others; (20) Work and Study Release Information; (21) FBI
Referral Record; (22) Rectal and X-ray Examination Record; (23)
Phone Call Record.
Authority for maintenance of the system: This system is established and
maintained under authority of 18 U.S.C. 4003, 4042, 4082.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: The routine uses of this
system are (a) to provide information source and documented records
of the protection given Federal inmates, and security in Federal
penal facilities; (b) to provide information source to officers and
employees of the Department of Justice who have a need for the
information in the performance of their duties; (c) to provide
information source to state and federal law enforcement officials
for investigations, possible criminal prosecutions, civil court
actions, or regulatory proceedings; (d) to provide information
source for responding to inquiries from federal inmates involved or
Congressional inquiries; (e) to provide information source for
contracting or consulting correctional agencies who provide services
to federal inmates; (f) to provide information relating to federal
offenders to federal and state courts, court personnel, and
probation officials.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress: Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration: A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) in records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Information maintained in the system is stored on documents.
Retrievability: Documents are indexed by name and/or register number.
Safeguards: Information is safeguarded in accordance with Bureau of
Prisons rules governing access and release.
Retention and disposal: Records in this system are retained for a period
of thirty (30) years after expiration of sentence, then destroyed by
shredding.
System manager(s) and address: Chief, Management and Information Systems
Group, U.S. Bureau of Prisons, 320 First Street NW, Washington, DC
20534.
Notification procedure: Address inquiries to: Director; Bureau of
Prisons, 320 First Street NW, Washington, DC 20534. The major part
of this system is exempt from this requirement under 5 U.S.C. 552a
(j). Inquiries concerning this system should be directed to the
System Manager listed above.
Record access procedures: The major part of this system is exempt from
this requirement under 5 U.S.C. 552a (j). To the extent that this
system of records is not subject to exemption, it is subject to
access and contest. A determination as to exemption shall be made at
the time a request for access is received.
Contesting record procedures: Same as the above.
Record source categories: (1) Inmates; (2) Federal Law Enforcement
Agencies; (3) State and Federal Probation Services; (4) Non-Federal
Law Enforcement Agencies; (5) Educational Institution (Study
Release); (6) Relatives, friends, and other interested community
individuals; (7) Former or Future Employers; (8) Evaluation,
Observations, and Findings of Institutional Staff; (9) Foreign Law
Enforcement Agencies.
Systems exempted from certain provisions of the act: The Attorney
General has exempted this system from subsections (c)(3) and (4),
(d), (e)(2) and (3), (e)(4)(H), (e)(8), (f) and (g) of the Privacy
Act pursuant to 5 U.S.C. 552a (j). 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.
JUSTICE/BOP-002
System name: Freedom of Information Act Record System
System location: Records may be retained at any of the Bureau's
facilities, the Regional Offices and the Central Office. All
requests for records may be made to the Central Office: U. S. Bureau
of Prisons, 320 First Street, NW, Washington, DC 20534.
Categories of individuals covered by the system: Current and former
inmates under the custody of the Attorney General.
Categories of records in the system: (1) Administrative requests and
responses to requests for information and records under 5 U.S.C.
552; (2) Personal data; (3) Litigation reports; (4) Litigation
pleadings and court decisions; (5) Reports made in preparation for
litigation.
Authority for maintenance of the system: This system is established and
maintained under authority of 5 U.S.C. 552.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: The routine uses of this
system are: (a) To maintain public records concerning the processing
and determination of requests for information made pursuant to the
Freedom of Information Act 5 U.S.C. 552; (b) to provide
documentation of receipt and processing requests for information
made pursuant to the Freedom of Information Act for purposes of
litigation of contested denial of release of information; (c) to
furnish information to employees of the Department of Justice who
have a need for information from the system in performance of their
duties; (d) to provide information relating to federal offenders and
state courts, court personnel, and probation officials.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: Release of information to
the National Archives and Records Administration: A record from a
system of records may be disclosed as a routine use to the National
Archives and Records Administration (NARA) in records management
inspections conducted under the authority of 44 U.S.C. 2904 and
2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Information maintained in the system is stored on documents.
Retrievability: Documents are indexed by name and/or register number.
Safeguards: Information is safeguarded in accordance with Bureau of
Prisons rules governing access and release.
Retention and disposal: Records in this system are retained for a period
of ten (10) years after expiration of sentence, then destroyed by
shredding.
System manager(s) and address: Chief, Management and Information Systems
Group, U.S. Bureau of Prisons, 320 First Street, NW, Washington, DC
20534.
Notification procedure: Address inquiries to: Director, Bureau of
Prisons, 320 First Street, NW, Washington, DC 20534.
Record access procedures: Same as the above.
Contesting record procedures: Same as the above.
Record source categories: (1) Inmates; (2) Department of Justice
Employees; (3) State and Federal Law Enforcement Agencies; (4)
Courts; (5) Attorneys.
Systems exempted from certain provisions of the act: None.
JUSTICE/BOP-003
System name: Industrial Inmate Employment Record System.
System location: Records may be retained at any of the Bureau's
facilities, the Regional Offices and the Central Office. All
requests for records may be made to the Central Office: U.S. Bureau
of Prisons, 320 First Street NW, Washington, DC 20534.
Categories of individuals covered by the system: Current and former
inmates under the custody of the Attorney General.
Categories of records in the system: (1) Inmate assignment records; (2)
Time and Attendance Reports; (3) Work Performance Reports; (4)
Payroll Records.
Authority for maintenance of the system: This system is established and
maintained under authority of 31 U.S.C. 841; 18 U.S.C. 4002, 4121 et
seq.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: The routine uses of this
system are: (a) To determine compensation of inmates pursuant to 18
U.S.C. 4002, 4126, 4125, 4121 et seq.; (b) to record employment
history of an inmate within the Federal Prison Industries, Inc.; (c)
to record disbursement of Federal Prison Industries, Inc., funds for
payroll purposes; (d) to evaluate effectiveness of industrial
training of inmates; (e) to evaluate authenticity of Federal Prison
Industries, inc., accounting records; (f) to provide information
source to officers and employees of the Department of Justice who
have need for information in the performance of their duties; (g) to
provide information sources to state and federal law enforcement
officials for investigations, possible criminal prosecution, civil
court actions, or regulatory proceedings; (h) to provide information
relating to federal offenders to federal and state courts, court
personnel, and probation officials.
Release of information to the news media: Information permitted to be
released to news media and the public pursuant to 28 CFR 50.2 may be
made available from systems of records maintained by the Department of
Justice 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.
Release of information to Members of Congress: Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration: A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) in records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Information maintained in the system is stored on documents,
magnetic tape, magnetic disk, tab cards, and microfilm.
Retrievability: (1) Documents, Tab Cards and Microfilm--Information is
indexed by name and/or register number. (2) Magnetic Tape and Disk--
information is indexed by Name, Register Number, Social Security
Number, and FBI Number.
Safeguards: Information is safeguarded in accordance with Bureau of
Prisons rule governing access and release.
Retention and disposal: Records in this system are retained for a period
of thirty (30) years after expiration of sentence, then destroyed by
shredding.
System manager(s) and address: Chief, Management and Information Systems
Group, U.S. Bureau of Prisons, 320 First Street, NW, Washington, DC
20534.
Notification procedure: Address inquiries to: Director, Bureau of
Prisons, 320 First Street, NW, Washington, DC 20534. The major part
of this system is exempt from this requirement under 5 U.S.C. 552a
(j). Inquiries concerning this system should be directed to the
System Manager listed above.
Record access procedures: The major part of this system is exempt from
this requirement under 5 U.S.C. 552a (j). To the extent that this
system of records is not subject to exemption, it is subject to
access and contest. A determination as to exemption shall be made at
the time a request for access is received.
Contesting record procedures: Same as the above.
Record source categories: (1) The inmate; (2) Bureau of Prisons/Federal
Prison Industries staff members; (3) U.S. Treasury Department.
Systems exempted from certain provisions of the act: The Attorney
General has exempted this system from subsections (c)(3) and (4),
(d), (e)(2) and (3), (e)(4)(H), (e)(8), (f) and (g) of the Privacy
Act pursuant to 5 U.S.C. 552a (j). 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.
JUSTICE/BOP-004
System name: Inmate Administrative Remedy Record System.
System location: Records may be retained at any of the Bureau's
facilities, the Regional Offices and the Central Office. All
requests for records may be made to the Central Office: U.S. Bureau
of Prisons, 320 First Street NW, Washington, DC 20534.
Categories of individuals covered by the system: Current and former
inmates under the custody of the Attorney General.
Categories of records in the system: (1) ARS records include information
on the current offense and sentence; (2) Prior criminal record; (3)
Social background; (4) Institution adjustment; (5) Institution
program data; (6) Medical information; (7) Personal property data.
Authority for maintenance of the system: The system is established and
maintained under authority of 18 U.S.C. 4042.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: The routine uses of this
system are: (a) To maintain records of receipt, processing and
responses to grievances filed by inmates; (b) to provide source of
information for reconsideration or amendment of Federal Prison
System policy with regard to its operation; (c) to maintain source
of information as to the exhaustion of administrative remedies for
purposes of civil suits filed against the Federal Prison System by
inmates; (d) to provide source of information for purposes of
defending civil actions filed against the Federal Prison System by
inmates; (e) to provide source of infomration for statistical
reports furnished to Federal Courts for purpose of determining
effectiveness of the Administrative Remedy Program in reducing the
baclog of cases in Federal Court; (f) furnished to employees of the
Department of Justice who have a need for the information in the
performance of their duties; (g) furnished to appropriate law
enforcement authorities, state and federal, for investigation and
possible criminal prosecution, civil court action, or regulatory
proceedings.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress: Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration: A record from a system of reords may be disclosed as a
routine use to the National Archives and Records Adminostration (NARA)
in records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Information maintained in the system is stored on documents.
Retrievability: Documents are indexed by name and/or register number.
Safeguards: Information is safeguarded in accordance with Bureau of
Prisons rules governing access and release.
Retention and disposal: Records in this system are retained for a period
of thirty (30) years after expiration of sentence, then destroyed by
shredding.
System manager(s) and address: Chief, Management and Information Systems
Group, U.S. Bureau of Prisons, 320 First Street NW, Washington, DC
20534.
Notification procedure: Address inquiries to: Director, Bureau of
Prisons; 320 First Street NW, Washington, DC 20534. The major part
of this system is exempt from this requirement under 5 U.S.C. 552a
(j). Inquiries concerning this system shoud be directed to the
System Manager listed above.
Record access procedures: The major part of this system is exempt from
this requirement under 5 U.S.C. 552a (j). To the extent that this
system of records is not subject to exemption, it is subject to
access and contest. A determination as to exemption shall be made at
the time a request for access is received.
Contesting record procedures: Same as the above.
Record source categories: (1) ARS records sources include inmates,
employees; (2) U.S. Department of Justice and its Bureaus; (3) U.S.
Courts.
Systems exempted from certain provisions of the act: The Attorney
General has exempted this system from subsections (c) (3) and (4),
(d), (e) (2) and (3), (e)(4)(H), (e)(8), (f) and (g) of the Privacy
Act pursuant to 5 U.S.C. 552a (j). 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.
JUSTICE/BOP-005
System name: Inmate Central Records System.
System location:
Records may be retained at any of the Bureau's facilities, the
Regional Offices and the Central Office. All requests for records may
be made to the Central Office: U.S. Bureau of Prisons (BOP), 320 First
Street, NW, Washington, DC 20534.
Categories of individuals covered by the system:
Current and former inmates under the custody of the Attorney General.
Categories of records in the system:
(1) Computation of sentence and supporting documentation; (2)
Correspondence concerning pending charges, and wanted status,
including warrants; (3) Requests from other federal and non-federal
law enforcement agencies for notification prior to release; (4)
Records of the allowance, forfeiture, withholding and restoration of
good time; (5) Information concerning present offense, prior criminal
background, sentence and parole from the U.S. Attorneys, the Federal
courts, and federal prosecuting agencies; (6) Identification data,
physical description, photograph and fingerprints; (7) Order of
designation of institution of original commitment; (8) Records and
reports of work and housing assignments; (9) Program selection,
assignment and performance adjustment/progress reports; (10) Conduct
Records; (11) Social background; (12) Educational data; (13) Physical
and mental health data; (14) Parole Board orders actions and related
forms; (15) Correspondence regarding release planning, adjustment and
violations; (16) Transfer orders; (17) Mail and visit records; (18)
Personal property records; (19) Safety reports and rules; (20) Release
processing forms and certificates; (21) Interview request forms from
inmates; (22) General correspondence; (23) Copies of inmate court
petitions.
Authority for maintenance of the system:
This system is established and maintained under authority of 18 U.S.C.
4003, 4042, 4082.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
This system contains records of the classification, care, subsistence,
protection, discipline, and programs, and other information relating
to persons committed to the custody of the Attorney General. The
routine uses of this system are (a) to provide an information source
to officers and employees of the Department of Justice who have a need
for the information in the performance of their duties; (b) to provide
an information source to law enforcement officials for investigations,
criminal prosecutions, civil court actions, or regulatory proceedings;
(c) to provide an information source for disclosure of information on
matters solely of general public record, such as name, offense,
sentence data, and release date; (d) to disclose information to
contracting or consulting or correctional agencies that provide
correctional services for federal inmates; (e) to provide an
information source for responding to inquiries from federal inmates
invlved or congressional inquiries; (f) to provide information
relating to federal offenders to the courts, including court officials
and probation officers; (g) to provide victims and/or witnesses,
pursuant to victim/witness federal legislation and policy, information
relating to an inmate's furlough, parole (including appearance before
the Parole Commission), transfer to a community treatment facility,
mandatory release, expiration of sentence, escape (including
apprehension), death, and other such release-related information; (h)
to provide state agencies or authorities, pursuant to Pub. L. 98-135,
identifying data of BOP inmates for the purpose of matching the data
against state records to review the eligibility of these inmates for
unemployment compensation; the requesting state is to erase the BOP
data after this determination has been made; (i) to provide the Social
Security Administration (SSA), pursuant to Pub. L. 96-473, identifying
data of BOP inmates for the purpose of matching the data against SSA
records to enable the SSA to determine the eligibility of BOP inmates
to receive benefits under the Social Security Act; SSA is to erase the
BOP data after the match has been made; (j) to provide the Veterans
Administration (VA), pursuant to Pub. L. 96-385, identifying data of
BOP inmates for the purpose of matching the data against VA records to
determine the eligibility of BOP inmates to receive veterans'
benefits; the VA is to erase the BOP data after the match has been
made; (k) to provide information from an inmate record to an employee,
former employee, or his or her designated representative when such
information is included in the employee's or former employee's adverse
or disciplinary personnel action file with respect to proposed adverse
or disciplinary personnel action against that employee or former
employee; the employee's or former employee's adverse or disciplinary
personnel action file is covered by a government-wide system of
records published by the Office of Personnel Management (OPM) entitled
``Adverse Action Records, OPM/GOVT-3;'' to protect the privacy of the
inmate, information transferred to the employee's or former employee's
adverse or disciplinary personnel action file will be sanitized as
warranted and/or appropriate protective orders may be requested to
prevent further dissemination; and (l) to provide an employee, former
employee, or his or her designated representative information from an
inmate record pursuant to regulations or order of any body properly
trying the merits of an adverse or disciplinary personnel action,
including an administrative agency, arbitrator, or court of competent
jurisdiction; to protect the privacy of the inmate, information
provided the employee, former employee, or his or her designated
representative will be sanitized as warranted and/or appropriate
protective orders may be requested to prevent further dissemination.
Release of information to the news media:
Information which may be released to the news media and the public
pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the Department of Justice 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.
Release of information to members of congress:
Information contained in systems of records maintained by the
Department of Justice, not otherwise required to be released pursuant
to 5 U.S.C. 552 may be made available to a Member of Congress or staff
acting upon 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.
Release of information to the National Archives and Records
Administration:
A record from a system of records may be disclosed as a routine use to
the National Archives and Records Administration (NARA) in records
management inspections conducted under the authority of 44 U.S.C. 2904
and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information maintained in the system is stored on documents, magnetic
tape, magnetic disk, tab cards, and microfilm.
Retrievability:
(1) Documents, Tab Cards and Microfilm--Information is indexed by name
and/or register number. (2) Magnetic Tape and Disk--Information is
indexed by Name, Register Number, Social Security Number, and FBI
Number.
Safeguards:
Information is safeguarded in accordance with Bureau of Prisons rule
governing access and release.
Retention and disposal:
Records of a sentenced inmate are retained for a period of thirty (30)
years after expiration of sentence, then destroyed by shredding.
Records of an unsentenced inmate are retained for a period of ten (10)
years after the inmate's release from confinement, then destroyed by
shredding.
System manager(s) and address:
Chief, Management and Information Systems Group, U.S. Bureau of
Prisons, 320 First Street, NW, Washington, DC 20534.
Notification procedure:
Address inquiries to: Director, Bureau of Prisons, 320 First Street,
NW, Washington, DC 20534. The major part of this system is exempt from
this requirement under 5 U.S.C. 552a(j). Inquiries concerning this
system should be directed to the System Manager listed above.
Record access procedures:
The major part of this system is exempt from the requirements of 5
U.S.C. 552a(j). To the extent that this system of records is not
subject to exemption, it is subject to access and contest. A
determination as to exemption shall be made at the time a request for
access is received.
Contesting record procedures:
Same as the above.
Record source categories:
(1) Individual inmate: (2) Federal law enforcement agencies and
personnel; (3) State and federal probation services; (4) Non-federal
law enforcement agencies; (5) Educational institutions; (6) Hospital
or medical sources; (7) Relatives, friends and other interested
individuals or groups in the community; (8) Former or future
employers; (9) Evaluations, observations, reports, and findings of
institution supervisors, counselors, boards and committees.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c) (3)
and (4), (d), (e) (2) and (3), (e)(4)(H), (e)(8), (f) and (g) of the
Privacy Act pursuant to 5 U.S.C. 552a(j). 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.
JUSTICE/BOP-006
System name: Inmate Commissary Accounts Record System.
System location: Records may be retained at any of the Bureau's
facilities, the Regional Offices and the Central Office. All
requests for records may be made to the Central Office: U.S. Bureau
of Prisons, 320 First Street, NW, Washington, DC 20534.
Categories of individuals covered by the system: Current and former
inmates under the custody of the Attorney General.
Categories of records in the system: (1) Financial data; (2)
Identification data. Both categories of records will be automated.
The Bureau facilities will have responsibility for their
maintenance. The records will be accessible by the
telecommunications means of BOP facilities, Regional Offices and the
Central Office.
Authority for maintenance of the system: This system is established and
maintained under authority of 18 U.S.C. 4042.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: The routine uses of this
system are: (a) To maintain financial accounting of payments into
and out of inmate trust fund accounts; (b) to provide accounts of
inmate trust fund accounts for purposes of verifying pauper status
under 28 U.S.C. 1915; (c) to provide information source to officers
and employees of the Department of Justice who have need for
information in the performance of their duties; (d) to provide
information source to state and federal law enforcement officials
for investigations, possible criminal prosecutions, civil court
actions, or regulatory proceedings.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: Release of information to
the National Archives and Records Administration: A record from a
system of records may be disclosed as a routine use to the National
Archives and Records Administration (NARA) in records management
inspections conducted under the authorities of 44 U.S.C. 2904 and
2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Information maintained in the system will be stored on
documents electronically on the Department of Justice Computer
System separate from the BOP Central Office.
Retrievability: Information on the automated system will be indexed by
name and/or register number.
Safeguards: The Inmate Commissary Accounts Record System will be
protected by both physical security methods and dissemination and
access controls. Access to this information will be limited to those
persons with a demonstrated and lawful need to know, in order to
perform assigned functions.
Protection of the automated system will be provided by physical,
procedural and electronic means. The files will reside on the
Department of Justice Computer System which is physically attended
or guarded on a full-time basis. For retrieval purpose, access to
active telecommunications terminals will be limited to those persons
with a demonstrated need to know. For update purposes, access to the
files will be limited to BOP facilities employees, as required in
the performance of their assigned duties. Surreptitious access to an
unattended terminal will be precluded by a complex authentication
procedure. The procedure will be provided only to authorized BOP
employees.
An automated log of queries will be maintained for each terminal.
Improper procedure will result in no access, and under certain
conditions complete lockout of the terminal, pending restoration by
the master controller at the BOP Central Office after appropriate
verification has been received. Unattended terminals, after normal
office hours, will be electronically disconnected by the master
controller at the BOP Central Office. All terminals will have key
locks and will be located in lockable facilities.
Retention and disposal: Records in this system will be retained for a
period of ten (10) years after expiration of sentence, then
destroyed by electronic means.
System manager(s) and address: Chief, Management and Information Systems
Group, U.S. Bureau of Prisons, 320 First Street, NW, Washington, DC
20534.
Notification procedure: Address inquiries to: Director; Bureau of
Prisons; 320 First Street, NW, Washington, DC 20534. The major part
of this system is exempt from this requirement under 5 U.S.C.
552a(j). Inquiries concerning this system should be directed to the
System Manager listed above.
Record access procedures: The major part of this system is exempt from
this requirement under 5 U.S.C. 552a (j). To the extent that this
system of records is not subject to exemption, it is subject to
access and contest. A determination as to exemption shall be made at
the time a request for access is received.
Contesting record procedures: Same as the above.
Record source categories: (1) Inmates; (2) Department of Justice
employees.
Systems exempted from certain provisions of the act: The Attorney
General has exempted this system from subsections (c)(3) and (4),
(d), (e)(2) and (3), (e)(4)(H), (e)(8), (f) and (g) of the Privacy
Act pursuant to 5 U.S.C. 552a (j). Rules have been promulgated in
accordance with the requirements of 5 U.S.C. 553(b), (c) and (e) and
been published in the Federal Register.
JUSTICE/BOP-007
System name: Inmate Physical and Mental Health Record System.
System location: Records may be retained at any of the Bureau's
facilities, the Regional Offices and the Central Office. All
requests for records may be made to the Central Office: U.S. Bureau
of Prisons, 320 First Street NW, Washington, DC 20534.
Categories of individuals covered by the system: Current and former
inmates under the custody of the Attorney General.
Categories of records in the system: (1) Medical history and examination
(past and present); (2) Dental history and examination (past and
present); (3) Medical information concerning deaths of inmates; (4)
Offense; (5) Mental Health and Drug Abuse interview and testing
data, generated in Bureau of Prisons; (6) Mental Health information
generated outside Bureau of Prisons by other corrections agencies,
mental hospitals, private therapists, etc.; (7) information as per
(5) and (6) above on unsentenced individuals committed under Title
18, sections 4244 and 4246; (8) Mental Health Treatment progress
notes and observations made by other staff members; (9) Urine
surveillance reports of drug program participants.
Authority for maintenance of the system: The system is established and
maintained under authority of 18 U.S.C. 4003, 4042, 4082.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: The routine uses of this
system are: (a) To provide documented records of the diagnosis,
treatment, and cure of illnesses of persons committed to the custody
of the Attorney General pursuant to 18 U.S.C. 4082; (b) to provide
documented records and background medical, mental, or dental history
to contracting, or consulting physicians, psychologists and
psychiatrists, and dentists, or other specialists, for diagnosis,
treatment and cure of federal inmates; (c) to provide information
source to officers and employees of the Department of Justice who
have a need for the information in the performance of their duties;
(d) to provide information source for disclosure to state and
federal law enforcement officials for investigations, possible
criminal prosecutions, civil court actions, or regulatory
proceedings; (e) to provide information source for responding to
inquiries from federal inmates or Congressional inquiries; (f) to
provide information relating to federal offenders to federal and
state courts, court personnel, and probation officials; (g) to
provide medical information relevant to the treatment being provided
by physicans, psychiatrists, psychologists, state and federal
medical facility personnel, other medical agencies and etc.,
providing treatment for a pre-existing condition for ex-federal
offenders.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress: Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration: A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) in records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Information maintained in the system is stored on documents,
magnetic tape, magnetic disk, tab cards, and microfilm.
Retrievability: (1) Documents, Tab Cards, and Microfilm--Information is
indexed by name and/or register number--(2) Magnetic Tape and Disk--
Information is indexed by name, register number, social security
number, and FBI number.
Safeguards: Information is safeguarded in accordance with Bureau of
Prisons rules governing access and release.
Retention and disposal: Records in this system are retained for a period
of thirty (30) years after expiration of sentence, then destroyed by
shredding.
System manager(s) and address: Chief, Management and Information Systems
Group, U.S. Bureau of Prisons, 320 First Street NW, Washington, DC
20534.
Notification procedure: Address inquiries to: Director, Bureau of
Prisons, 320 First Street NW, Washington, DC 20534. The major part
of this system is exempt from this requirement under 5 U.S.C. 552a
(j). Inquiries concerning this system shoud be directed to the
System Manager listed above.
Record access procedures: The major part of this system is exempt from
this requirement under 5 U.S.C. 552a (j). To the extent that this
system of records is not subject to exemption, it is subject to
access and contest. A determination as to exemptions shall be made
at the time a request for access is received.
Contesting record procedures: Same as the above.
Record source categories: (1) Individual; (2) Hospital and/or medical
sources; (3) Pre-sentence reports; (4) Other mental health care
giving agencies; (5) Observation reports from other Bureau of
Prisons staff.
Systems exempted from certain provisions of the act: The Attorney
General has exempted this system from subsections (c)(3) and (4),
(d), (e)(2) and (3), (e)(4)(H), (e)(8), (f) and (g) of the Privacy
Act pursuant to 5 U.S.C. 552a (j). 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.
JUSTICE/BOP-008
System name: Inmate Safety and Accident Compensation Record
System.
System location: Records may be retained at any of the Bureau's
facilities, the Regional Offices and the Central Office. All
requests for records may be made to the Central Office: U.S. Bureau
of Prisons, 320 First Street, NW, Washington, DC 20534.
Categories of individuals covered by the system: Current and former
inmates under the custody of the Attorney General.
Categories of records in the system: Inmate accident/injuries data
sustained by: (a) Work related accidents; (b) Recreational injuries;
(c) Vehicle accidents; (d) Assaults; (e) Other non-work accident/
injuries.
Authority for maintenance of the system: This system is established and
maintained under authority of 18 U.S.C. 4003, 4042, 4082.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: The routine uses of this
system are: (a) To provide a documented record of inmate accidents,
injuries, for the purpose of measuring safety programs
effectiveness; (b) to provide information source for compliance with
the Occupational Safety and Health Act; (c) to provide documented
records of inmate accidents, injuries, and disabilities for
adjudication of claims by inmates filed pursuant to the Inmate
Accident Compensation System, 18 U.S.C. 4126; Chapter III, Federal
Prisons Industries, 28 CFR part 301; (d) furnished to employees of
the Department of Justice who require information from these records
for performance of their duty; (e) to provide background information
and litigation reports to United States Attorneys for purpose of
defending civil actions filed against the Bureau of Prisons; (f)
furnished to consultant physicians treating inmates following
release from custody for the purpose of providing prior medical
history in conjunction with further treatment of the individual
inmate; (g) to provide documented records for disclosure to
appropriate law enforcement authorities, state or federal, for
investigation and possible criminal prosecution, civil court action,
or regulatory proceeding; (h) to provide information source for
responding to inquiries from the inmate involved or Congrressional
inquiries; (i) to provide information relating to federal offenders
to federal and state courts, court personnel, and probation
officials.
Release of information to the news media: Information permitted to be
released to news media and the public pursuant to 28 CFR 50.2 may be
made available from systems of records maintained by the Department of
Justice 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.
Release of information to Members of Congress: Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration: A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) in records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Information maintained in the system is stored on documents,
magnetic tape, magnetic disk, tab cards, and microfilm.
Retrievability: Documents are indexed by name and/or register number.
Safeguards:
Information is safeguarded in accordance with Bureau of Prisons rule
governing access and release.
Retention and disposal: Records in this system are retained for a period
of thirty (30) years after expiration of sentence, then destroyed by
shredding.
System manager(s) and address: Chief, Management and Information Systems
Group, U.S. Bureau of Prisons, 320 First Street, NW, Washington, DC
20534.
Notification procedure: Address inquiries to: Director, Bureau of
Prisons, 320 First Street, NW, Washington, DC 20534. The major part
of this system is exempt from this requirement under 5 U.S.C. 552a
(j). Inquiries concerning this system should be directed to the
System Manager listed above.
Record access procedures: The major part of this system is exempt from
this requirement under 5 U.S.C. 552a(j). To the extent that this
system of records is not subject to exemption, it is subject to
access and contest. A determination as to exemption shall be made at
the time a request for access is received.
Contesting record procedures: Same as the above.
Record source categories: (1) The inmate; (2) Bureau of Prisons staff
members; (3) Medical staff members and medical consultants; (4) U.S.
Probation Officers; (5) Attorneys; (6) Relatives of inmates; (7)
Inquiries and replies to Congressmen; (8) U.S. Attorneys.
Systems exempted from certain provisions of the act: The Attorney
General has exempted this system from subsections (c)(3) and (4),
(d), (e)(2) and (3), (e)(4)(H), (e)(8), (f) and (g) of the Privacy
Act pursuant to 5 U.S.C. 552a (j). 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.
JUSTICE/BOP-009
System name: Federal Tort Claims Act Record System.
System location: Records may be retained at any of the Bureau's
facilities, the Regional Offices and the Central Office. All
requests for records may be made to the Central Office: U.S. Bureau
of Prisons, 320 First Street NW, Washington, DC 20534.
Categories of individuals covered by the system: Current and former
inmates under the custody of the Attorney General.
Categories of records in the system: (1) Administrative Tort claims and
supporting documents; (2) Personal data; (3) Investigative reports;
(4) Medical reports; (5) Property records; (6) Litigation reports;
(7) Reports made in preparation of litigation; (8) Social and
Criminal Background; (9) Employment History; (10) Correspondence;
(11) Litigation Pleadings and Court Decisions.
Authority for maintenance of the system: The system is established and
maintained under authority of 28 U.S.C. 2671 et seq. FTCA.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: The routine uses of this
system are: (a) To provide information source for purposes of
adjudicating claims for personal injury and property damages
pursuant to the Federal Tort Claims Act, 28 U.S.C. 2675; (b) to
provide information source for purposes of preparing reports
concerning litigation in United States Courts under the Federal Tort
Claims Act, 28 U.S.C. 2671 et seq; (c) to provide information source
that is furnished to counsel for claimants under the Federal Tort
Claims Act; (d) to provide information source that is furnished to
medical officials when requested by claimants under the Federal Tort
Claims Act; (e) to provide information source that is disclosed to
employees of the Department of Justice who have a need for the
information in the performance of their duties; (f) to provide
information source to state and federal law enforcement officials
for the purpose of investigations, possible criminal prosecutions,
civil court actions, or regulatroy proceedings; (g) to provide
information relating to federal offenders to federal and state
courts, court personnel, and probation officials.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress: Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration: A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) in records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Information maintained in the system is stored on documents.
Retrievability: Documents are indexed by name and/or register number.
Safeguards: Information is safeguarded in accordance with Bureau of
Prisons rules governing access and release.
Retention and disposal: Records in this system are retained for a period
of thirty (30) years after expiration of sentence, then destroyed by
shredding.
System manager(s) and address: Chief, Management and Information Systems
Group, U.S. Bureau of Prisons, 320 First Street NW, Washington, DC
20534.
Notification procedure: Address inquiries to: Director, Bureau of
Prisons, 320 First Street NW, Washington, DC 20534. The major part
of this system is exempt from this requirement under 5 U.S.C.
552a(j). Inquiries concerning this system shoud be directed to the
System Manager listed above.
Record access procedures: The major part of this system is exempt from
this requirement under 5 U.S.C. 552a (j). To the extent that this
system of records is not subject to exemption, it is subject to
access and contest. A determination as to exemptions shall be made
at the time a request for access is received.
Contesting record procedures: Same as the above.
Record source categories: (1) Inmates; (2) Department of Justice
Employees; (3) U.S. Probation Service; (4) Contract and Consulting
Physicians Including Hospitals; (5) Attorneys; (6) Relatives and
friends of Inmates; (7) Congress; (8) State and Federal Law
Enforcement Agencies.
Systems exempted from certain provisions of the act: The Attorney
General has exempted this system from subsections (c)(3) and (4),
(d), (e)(2) and (3), (e)(4)(H), (e)(8), (f) and (g) of the Privacy
Act pursuant to 5 U.S.C. 552a(j). Rules have been promulgated in
accordance with the requirements of 5 U.S.C. 553(b), (c) and (e)
JUSTICE/BOP-11
System name:
Telephone Activity Record System, Justice/BOP-011.
System location:
Bureau of Prisons (BOP) Central Office, 320 First Street, NW.,
Washington, DC 20534;
BOP Northeast Regional Office, U.S. Customs House, 7th Floor, 2nd and
Chestnut Street, Philadelphia, Pennsylvania, 19106;
BOP Mid-Atlantic Regional Office, Junction Business Park, 10010
Junction Drive, Suite 100N, Annapolis Junction, Maryland 20701;
BOP Southeast Regional Office, 523 McDonough Boulevard, Atlanta,
Georgia 30315;
BOP North Central Regional Office, Gateway Complex, Inc., Tower II,
8th Floor, 4th and State Avenue, Kansas City, Kansas 66101-2492;
BOP South Central Regional Office, 4211 Cedar Springs Road, Suite 300,
Dallas, Texas 75219;
BOP Western Regional Office, 7950 Dublin Boulevard, 3rd Floor, Dublin,
California 94568.
In addition, records may be retained at any of the BOP institutions
located within the regions. A complete list may be found in 28 CFR
part 503.
Categories of individuals covered by the system:
Current and former inmates, including pre-trial detainees, under the
custody of the Attorney General. Recipients of telephone calls from
current and former inmates. Individuals on the approved telephone
lists of current or former inmates. Individuals who request, in
writing, that the BOP delete their name and telephone number from
inmate telephone lists.
Categories of records in the system:
(1) Personal identification data; (2) accounting data, including
amounts deposited by the inmate, call charges, and account balances;
(3) telephone call data, including date, time, and duration of each
call; the name and register number of the inmate who placed the call;
and the telephone number and name of the call recipient and his/her
relationship to the inmate, and audiotapes of telephone calls; and (4)
investigatory data developed internally as well as any related data
collected from Federal, State, local and foreign law enforcement
agencies, and from Federal and State probation and judicial offices.
Authority for maintenance of the system:
18 U.S.C. 2510 et. seq., 3621, 4003, 4042 and 4082.
Purpose(s)
This system of records is maintained to manage financial records
relating to inmate calls and to ensure that inmates exercise their
telephone privileges in a manner consistent with correctional goals.
The related uses for which BOP will maintain the system include (1)
accounting of inmate funds for telephone use; (2) maintaining inmate
telephone lists; (3) monitoring of inmate telephone activity; and (4)
conducting investigations, e.g., investigations of inmate funds as
related to telephone usage, and/or illegal activities or suspected
illegal activities being conducted, coordinated, or directed from
within a Federal correctional institution.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Relevant information will be disclosed from this system as follows:
a. To Federal, State, local and foreign law enforcement officials for
law enforcement needs such as civil court actions, regulatory
proceedings, responding to an emergency, inmate disciplinary
proceedings in the course of apprehensions or other disposition; or
for such law enforcement needs as prison administration,
investigations, and possible criminal prosecutions, including possible
criminal violations discovered as part of telephone monitoring done
for the safety, security and good order of penal institutions. Such
telephone monitoring information will be disclosed only in accordance
with the provisions of the Federal wiretap statutes contained in 18
U.S.C. 2510 et. seq. and BOP implementing policy.
b. To a court or adjudicative body before which the Department and/or
BOP 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 BOP to be arguably relevant to the litigation: (i) BOP,
or any subdivision thereof, or (ii) any employee of BOP in his or her
official capacity, or (iii) any employee of BOP in his or her
individual capacity where the Department of Justice has agreed to
provide representation for the employee, or (iv) the United States,
where BOP determines that the litigation is likely to affect it or any
of its subdivisions.
c. To contractors and subcontractors responsible for maintaining
telephone service to Federal inmates to the extent necessary to
perform contractual duties.
d. To Members of Congress or staff acting upon the Member's behalf
when the Member or staff requests the information on behalf of and at
the request of a record subject.
e. 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.
f. To the National Archives and Records Administration and to the
General Services Administration during a records management inspection
conducted under 44 U.S.C. 2904 and 2906.
g. To affected non-inmate record subjects to the extent necessary to
provide such persons with information concerning placement and/or
removal from an inmate's telephone list.
h. To any person or entity to the extent necessary to prevent an
imminent and potential crime which directly threatens loss of life or
serious bodily injury.
i. To an administrative forum, which may or may not include an
Administrative Law Judge, or which may or may not convene public
hearings/proceedings, or to other established adjudicatory or
regulatory agencies, e.g., the Merit Systems Protection Board, the
National Labor Relations Board, or other agencies with similar or
related statutory responsibilities, where necessary to adjudicate
decisions affecting individuals who are the subject of BOP
investigations, including (but not limited to) decisions to effect any
necessary remedial actions, e.g., disciplinary and/or other
appropriate personnel actions, and/or other law enforcement related
actions, where appropriate; to protect the privacy of the individuals,
information provided will be sanitized as warranted and/or protective
order may be requested to prevent further dissemination.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information maintained in the system is stored in electronic media via
a configuration of personal computer, client/server, and mainframe
systems architecture and may be accessible by those with a need-to-
know at all BOP facilities. Some information may be stored on other
computerized media, e.g., hard disk, floppy diskettes, magnetic tape
and/or optical disks. Documentary records are maintained in manual
file folders and/or on index card files.
Retrievability:
Records may be retrieved by identifying data including name and/or
register number of inmate; and/or by name and/or telephone number of
call recipient or individual on approved inmate telephone list.
Safeguards:
Manual records are stored in locked filing cabinets or in safes and
can be accessed only by authorized personnel by key or combination
formula. Automated equipment is kept in secured rooms and can be
accessed only by authorized personnel through passwords and
identification codes. All records are maintained in guarded buildings.
Retention and disposal:
Automated records in this system are maintained on magnetic medium
ordinarily for six years from the date created, at which time they
will be overwritten with new data. Paper documents are maintained for
a period of 30 years from expiration of sentence of the inmate, at
which time they are destroyed by shredding. Audiotapes are maintained
ordinarily for six months from the date created, at which time they
are overwritten with new data.
System manager(s) and address:
Assistant Director, Administration Division, Federal Bureau of
Prisons, 320 First Street, NW, Washington, DC 20534.
Notification procedure:
The major part of this system is exempt pursuant to 5 U.S.C.
552a(j)(2). Inquiries should be directed pursuant to the ``Record
Access Procedures'' listed below.
Record access procedures:
All requests for records may be made by writing to the System Manager
identified above, Federal Bureau of Prisons, 320 First Street, NW.,
Washington, DC 20534. The envelope should be clearly marked ``Freedom
of Information/Privacy Act Request.'' This system of records is
exempted from access pursuant to 5 U.S.C. 552a(j)(2). A determination
as to the applicability of the exemption to a particular record(s)
shall be made at the time a request for access is received.
Contesting record procedures:
Same as above.
Record source categories:
Individuals covered by the system; BOP staff; Federal, State, local
and foreign law enforcement agencies; and Federal/State probation and
judicial offices.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c) (3)
and (4), (d), (e) (2) and (3), (e) (5) and (8), (f) and (g) of the
Privacy Act pursuant to 5 U.S.C. 552a (j)(2) and (k)(2). 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.
JUSTICE/BOP-12
System name:
Bureau of Prisons (BOP), Office of Internal Affairs Investigative
Records, JUSTICE/BOP-012.
System location:
Bureau of Prisons (BOP) Central Office, 320 First Street NW.,
Washington, DC 20534;
BOP Northeast Regional Office, U.S. Customs House, 7th Floor, 2nd
and Chestnut Street, Philadelphia, Pennsylvania, 19106;
BOP Mid-Atlantic Regional Office, Junction Business Park, 10010
Junction Drive, Suite 100N, Annapolis Junction, Maryland 20701;
BOP Southeast Regional Office, 523 McDonough Boulevard, Atlanta,
Georgia 30315
BOP North Central Regional Office, Gateway Complex, Inc., Tower II,
8th Floor, 4th and State Avenue, Kansas City, Kansas 66101-2492
BOP South Central Regional Office, 4211 Cedar Springs Road, Suite
300, Dallas, Texas 75219
BOP Western Regional Office, 7950 Dublin Boulevard, 3rd Floor,
Dublin, California 94568.
In addition, records may be retained at any of the BOP institutions
located within the regions. A complete list may be found in 28 CFR
part 503.
Categories of individuals covered by the system:
In connection with its investigative duties, the Office of Internal
Affairs (OIA) will maintain records on the following categories of
individuals:
a. Individuals or entities who are or have been the subject of
inquiries of investigations conducted by the BOP including current or
former employees of the BOP; current and former consultants,
contractors, and subcontractors with whom the agency has contracted
and their employees; grantees to whom the BOP has awarded grants and
their employees; and such other individuals or entities whose
association with the BOP relates to alleged violation(s) of the BOP's
rules of conduct, the Civil Service merit system, and/or criminal or
civil law, which may affect the integrity or physical facilities of
the BOP.
b. Individuals who are witnesses; complainants; confidential or
nonconfidential informants; and parties who have been identified by
the BOP or by other agencies, by constituent units of the BOP, or by
members of the general public as potential subjects of or parties to
an investigation under the jurisdiction of the BOP, OIA.
Categories of records in the system:
Information relating to investigations, including:
a. Letters, memoranda, and other documents citing complaints of
alleged criminal, civil or administrative misconduct.
b. Investigative files which include: Reports of investigations to
resolve allegations of misconduct or violations of law with related
exhibits, statements, affidavits or records obtained during
investigations; prior criminal or noncriminal records of individuals
as they relate to the investigations; reports from or to other law
enforcement bodies; information obtained from informants and
identifying data with respect to such informants; nature of
allegations made against suspects and identifying data concerning such
subjects; and public source materials.
Authority for maintenance of the system:
Inspector General Act of 1978, 5 U.S.C. App., as amended by the
Inspector General Act Amendments of 1988.
Purpose(s):
The BOP, OIA will maintain this system of records in order to conduct
its responsibilities pursuant to the Inspector General Act of 1978, 5
U.S.C. App., as amended by the Inspector General Act Amendments of
1988. The OIA is statutorily directed to conduct and supervise
investigations relating to programs and operations of the BOP; to
promote economy, efficiency, and effectiveness in the administration
of such programs and operations; and to prevent and detect fraud,
waste and abuse in such programs and operations. Accordingly, the
records in this system are used in the course of investigating
individuals and entities suspected of having committed illegal or
unethical acts and in conducting relating criminal prosecutions, civil
proceedings, or administrative actions.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records in this system may be disclosed as follows:
a. In the event that records indicate a violation or potential
violation of law, whether civil, criminal or regulatory in nature, and
whether arising by general statute or particular program statute, or
by rule, regulation, or order pursuant thereto, or if records indicate
a violation or potential violation of the terms of a contract or
grant, the relevant records may be disclosed to the appropriate
agency, whether Federal, State, local, foreign or international,
charged with the responsibility of investigating or prosecuting such
violation, enforcing or implementing such statute, rule, regulation or
order, or with enforcing the term of such contract or grant.
b. A record may be disclosed to a Federal, State, local, foreign or
international agency, or to an individual or organization when
necessary to elicit information which will assist an investigation,
inspection or audit.
c. A record may be disclosed to a Federal, State, local, foreign or
international agency maintaining civil, criminal or other relevant
information if necessary to obtain information relevant to a BOP
decision concerning the assignment, hiring or retention of an
individual, the issuance or revocation of a security clearance, the
reporting of an investigation of an individual, the letting of a
contract, or the issuance or revocation of a license, grant or other
benefit.
d. A record may be disclosed to a Federal, State, local, foreign or
international agency in response to its request in connection with the
assignment, hiring or retention of an individual, the issuance or
revocation of a security clearance, the reporting of an investigation
of an individual, letting of a contract or the issuance or revocation
of a license, grant, or other benefit by the requesting agency to the
extent that the information is relevant and necessary to the
requesting agency's decision on the matter.
e. A record may be disclosed to a Member of Congress or staff acting
upon the Member's behalf when the Member or staff requests the
information on behalf of, and the request of, the individual who is
the subject of the record.
f. Relevant records may be disclosed to an administrative forum,
including Ad Hoc forums, which may or may not include an
Administrative Law Judge, and which may or may not convene public
hearings/proceedings, or to other established adjudicatory or
regulatory agencies, e.g., the Merit Systems Protection Board, the
National Labor Relations Board, or other agencies with similar or
related statutory responsibilities, where necessary to adjudicate
decisions affecting individuals who are the subject of OIA
investigations and/or who are covered by this system, including (but
not limited to) decisions to effect any necessary remedial actions,
e.g., the initiation of debt collection activity, disciplinary and/or
other appropriate personnel actions, and/or other law enforcement
related actions, where appropriate.
g. A record may be disclosed to complainants and/or victims to the
extent necessary to provide such persons with information concerning
the results of the investigation or case arising from the matters of
which they complained and/or of which they were a victim.
h. A record may be disclosed to the National Archives and Records
Administration and to the General Services Administration during a
records management inspection conducted under 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining and
disposing of records in the system:
Storage:
Information in this system is stored manually in file jackets and
electronically in office automation equipment.
Retrievability:
Entries are arranged alphabetically and are retrieved with reference
to the surnames of the individuals covered by this system of records.
Safeguards:
Information and/or manual records are stored in safes, locked filing
cabinets, and office automation equipment in secured rooms or in
guarded buildings, and accessed only by authorized, screened
personnel.
Retention and disposal:
Records in this system are retained and disposed of in accordance with
General Records Schedule 22.
System manager(s) and address:
Assistant Director/General Counsel, Office of General Counsel, Federal
Bureau of Prisons, 320 First Street NW, Washington, DC 20534.
Notification procedure:
Inquiries concerning this system should be directed to the System
Manager listed above.
Record access procedures:
The major part of this system is exempted from this requirement
pursuant to 5 U.S.C. 552a (j)(2), (k)(1), and (k)(2). To the extent
that this system of records is not subject to exemption, it is subject
to access. A determination as to exemption shall be made at the time a
request for access is received. A request for access to records
contained in this system shall be made in writing, with the envelope
and the letter clearly marked ``Privacy Act Request.'' Include in this
request the full name of the individual involved, his or her current
address, date and place of birth, notarized signature, and any other
identifying number or information which may be of assistance in
locating the record. The requester shall also provide a return address
for transmitting the information. Access requests shall be directed to
the System Manager listed above.
Contesting record procedures:
The major part of this system is exempted from this requirement
pursuant to 5 U.S.C. 552a (j)(2), (k)(1) and (k)(2). To the extent
that this system of records is not subject to exemption, it is subject
to access and contest. A determination as to exemption shall be made
at the time a request for contest is received. Requesters shall direct
their request to the System Manager listed above, stating clearly and
concisely what information is being contested, the reason for
contesting it, and the proposed amendment to the information.
Record source categories:
The subjects of investigations; individuals with whom the subjects of
investigations are associated; current and former BOP officers and
employees; officials of Federal, State, local and foreign law
enforcement and non-law enforcement agencies; private citizens,
witnesses; confidential and nonconfidential informants; and public
source materials.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c) (3)
and (4), (d), (e) (1), (2), (3), (5), and (8) and (g) of the Privacy
Act pursuant to 5 U.S.C. 552a(j)(2). In addition, the system has been
exempted from subsections (c)(3), (d) and (e)(1) pursuant to
subsections (k)(1) and (k)(2). 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.
JUSTICE/BOP-101
System name: National Institute of Corrections Technical
Assistance Resource Persons Directory.
System location:
Records will be retained at either the National Institute of
Corrections (NIC), 320 First Street, NW, Washington, DC 20534 or at
1790 30th Street, Suite 140, Boulder, Colorado 80301.
Categories of individuals covered by the system:
Persons who have been identified and have agreed to provide technical
assistance to state and local correctional agencies in order to
strengthen and improve the practice of corrections.
Categories of records in the system:
(1) Resume of individual including educational and work experience
information; (2) Expertise checklist completed by named individual;
and (3) Salary statement provided by named individual.
Authority for maintenance of the system:
This system is established and maintained under the authority of 18
U.S.C. 4352(a).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The routine uses of this system are: (a) To provide an information
source to officers and employees of the Department of Justice who have
a need for the information in the performance of their duties; (b) to
provide an information source to Federal, state, and local
correctional and law enforcement officials who have a need for
technical assistance in corrections; and (c) to provide an information
source for individuals or groups who request information or technical
assistance in corrections, including, but not limited to, members of
Congress, architects of prisons, newspaper reporters, public and
private social service organizations, and students.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information maintained in the system may be stored on documents,
magnetic tape, and magnetic disk.
Retrievability:
Information is indexed by name and areas of expertise.
Safeguards:
Information is safeguarded in accordance with Bureau of Prisons rules
governing access and release.
Retention and disposal:
All records will be maintained until either the individual notifies
NIC that he or she no longer desires to provide technical assistance
or until NIC determines to delete a name from the list. If deleted for
any reason, records will be destroyed by shredding.
System manager(s) and address:
Technical Assistance Manager, National Institute of Corrections, 320
First Street, NW, Washington, DC 20534.
Notification procedure:
Address inquiries to: Director, National Institute of Corrections, 320
First Street, NW, Washington, DC 20534.
Record access procedures:
Same as notification procedure.
Contesting record procedures:
Same as notification procedure.
Record source categories:
All information is obtained from the individual named in the list.
Systems exempted from certain provisions of the act:
None.
JUSTICE/BOP-102
System name: National Institute of Corrections Field Readers
List.
System location:
Records will be retained at the National Institute of Corrections
(NIC), 320 First Street, NW, Washington, DC 20534.
Categories of individuals covered by the system:
Persons with expertise in a field of corrections who have been
approved by the Advisory Board of NIC and who have agreed to review
applications for grants where the amount of the award exceeds 100,000
dollars or where a substantial personal conflict of interest is
indicated.
Categories of records in the system:
(1) Resume of individual including educational and work experience
information; and (2) expertise checklist completed by the individual.
Authority for maintenance of the system:
This system is established and maintained under the authority of 18
U.S.C. 4352(a).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The routine uses of this system are: (a) To provide an information
source to officers and employees of the Department of Justice who have
a need for the information in the performance of their duties; and (b)
to provide the Advisory Board of NIC with a list of individuals who
have the expertise to review applications for grants where the amount
of the award exceeds 100,000 dollars or where a substantial personal
conflict of interest is indicated.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information maintained in the system may be stored on documents,
magnetic tape, and magnetic disk.
Retrievability:
Information is indexed by name and areas of expertise.
Safeguards:
Information is safeguarded in accordance with Bureau of Prisons rules
governing access and release.
Retention and disposal:
All records will be maintained until either the individual notifies
NIC that he or she no longer desires to provide assistance or until
the Advisory Board of NIC determines that a name should be deleted
from the list. If deleted for any reason, the records will be
destroyed by shredding.
System manager(s) and address:
Administrative Officer, National Institute of Corrections, 320 First
Street, NW, Room 200, Washington, DC 20534.
Notification procedure:
Address inquiries to: Director, National Institute of Corrections, 320
First Street, NW, Room 200, Washington, DC 20534.
Record access procedures:
Same as notification procedure.
Contesting record procedures:
Same as notification procedure.
Record source categories:
All information is obtained from the individual named in the list.
Systems exempted from certain provisions of the act:
None.
JUSTICE/BOP-999
System name: Appendix of Field Locations for the Bureau of
Prisons Regional Offices.
Northeast Region
Scott Plaza II. Industrial Highway, Philadelphia, Pennsylvania 19113
Southeast Region
523 McDonough Boulevard, SE, Atlanta, Georgia 30315
North Central Region
Airworld Center, 10920 Ambassador Drive, Kansas City, Missouri 84153
South Central Region
1607 Main St., Ste. 700 Proetarian Bldg., Dallas, Texas 75219
Western Region
330 Primrose Road, Fith Floor, Burlingame, California 94010
United States Penitentiaries
Atlanta, Georgia 30315
Leavenworth, Kansas 66048
Lewisburg, Pennsylvania 17837
Marion, Illinois 62959
Terre Haute, Indiana 47808
Federal Correctional Institutions
Alderson, West Virginia 24910,
Ashland, Kentucky 41101
Bastrop, Texas 78602
Butner, North Carolina 27509
Danbury, Connecticut 06801
El Reno, Oklahoma 73036
Englewood, Colorado 80110
Ft. Worth, Texas 76119
La Tuna, Texas 88021
Lexington, Kentucky 40507
Lompoc, California 93436
Memphis, Tennessee 38134
Milan, Michigan 48160
Morgantown, West Virginia 26505
Otisville, New York 10963
Oxford, Wisconsin 53952
Petersburg, Virginia 23803
Pleasanton, California 94568
Ray Brook, New York 12977
Sandstone, Minnesota 55072
Seagoville, Texas 75159
Talladega, Alabama 35362
Tallahassee, Florida 32304
Terminal Island, California 90731
Texarkana, Texas 75501
Federal Prison Camps
Allenwood-Montgomery, Pennsylvania 17752
Big Spring, Texas 79720
Boron, California 93516
Eglin Air Force Base, Florida 32542
Maxwell Air Force Base, Montgomery, Alabama 36112
Safford, Arizona 85546
Medical Center for Federal Prisoners
Springfield, Missouri 65802
Federal Detention Center
Florence, Arizona 85232
Metropolitan Correctional Centers
71 W. Van Buren Street, Chicago, Illinois 60605
15801 SW 137th Avenue, Miami, Florida 33177
150 Park Row, New York, New York 10007
808 Union Street, San Diego, California 92101
PO Box 22080, Tucson, Arizona 85734
DEPARTMENT OF JUSTICE
CIVIL DIVISION
JUSTICE/CIV-001
System name: Civil Division Case File System.
System location:
Civil Division, U.S. Department of Justice 10th Street NW, Washington,
DC 20530; Record Management Unit, 5320 Marinelli Road, Rockville, MD
20852; and Federal Records Center, Suitland, MD 20409.
Categories of individuals covered by the system:
Individuals referenced in potential or actual cases and matters under
the jurisdiction of the Civil Division; and attorneys, paralegals, and
other emplyees of the Civil Division directly involved in these cases
or matters.
Categories of records in the system:
(1) Records in this system pertain to a broad variety of litigation
under the jurisdiction of the Civil Division relating to torts, civil
fraud and other commercial matters, federal programs and national
security, immigration, and consumer issues. The case files contain
court records, inter-agency and intra-agency correspondence, and legal
research. 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 (i.e., names of principal parties or subjects,
case file numbers, assignments, status, and classification) of these
cases or matters is maintained prior to FY 78 on index cards and from
FY 78 in an automated case tracking system. (3) A timekeeping function
for attorneys, paralegals, and other employees of the Civil Division
directly involved in litigation supplements the automated case
tracking system from May of 1981.
Authority for maintenance of the system:
General authority to maintain the system is contained in 5 U.S.C. 301
and 44 U.S.C. 3101. The particular system was established in
accordance with 28 CFR 0.77(f) and 28 U.S.C. 552 and was delegated to
the Civil Division pursuant to the memorandum from the Deputy Attorney
General, dated July 17, 1974.
Purpose(s):
Case records are maintained for the purpose of litigating or resolving
any case or matter under consideration by the Civil Division. The
automated case tracking and timekeeping system exists for the purpose
of managing and evaluating the Division's litigative activities.
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 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.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Manual records are stored in file cabinets and on index cards.
Automated records are stored on magnetic disks. Classified information
is stored in locked safes.
Retrievability:
Manual records are retrieved by file number. This number can be
obtained from index cards arranged alphabetically by subject name for
records received prior to FY 78 and from logical queries to the
computer-based data for FY 78 and subsequent years.
Safeguards:
Classified information is maintained in locked safes. Access to all
information is limited to Department of Justice personnel who have
need for the records to perform their duties. Automated records are
safeguarded and protected in accordance with Department rules and
procedures governing the handling of computerized information.
Retention and disposal:
When a case file is closed by the responsible attorney, it is sent to
the Federal Records Center for retention in accordance with the
authorized Record Disposal Schedule for the classification of the
case. Such schedules are approved by the National Archives.
After the designated period has passed, the file is destroyed.
However, the index and docket cards are not purged. Automated records
constitute a cumulative resource file for which there are no plans to
delete records.
System manager(s) and address:
Assistant Attorney General, Civil Division, U.S. Department of
Justice, 10th and Constitution Avenue NW, Washington, DC 20530.
Notification procedure:
Address inquiries to: Assistant Attorney General, Civil Division, U.S.
Department of Justice, 10th and Constitution Avenue NW, Washington, DC
20530.
Record access procedures:
Portions of this system are exempt from disclosure and contest by 5
U.S.C. 552a(j)(2), (k)(1) and (k)(2). Submit in writing all requests
for access to those portions not so exempted to the system manager
identified above. Clearly mark the envelope and letter ``FOI/PA
Request'' and provide a return address. The subject of the record
should also provide his/her full name and notarized signature, date
and place of birth, case caption, or other information which may
assist in locating the records sought.
Contesting record procedures:
Individuals desiring to contest or amend information maintained in the
system should direct their request to the Assistant Attorney General,
Department of Justice, 10th and Constitution Avenue NW, Washington, DC
20530. The request should clearly state what information is being
contested, the reasons for contesting it, and the proposed amendment
to the information sought.
Record source categories:
Information may be obtained from all individuals referred to in all
cases or matters under consideration of the Civil Division.
Timekeeping information is obtained from all Civil Division attorneys,
paralegals, and other employees directly involved in such litigation
or matters.
Systems exempted from certain provisions of the act:
The Attorney General has exempted certain categories of records in
this system from subsections (c) (3) and (4), (d), (e)(1), (e)(2),
(e)(3), (e)(4) (G) and (H), (e)(5), (e)(8), and (g) of the Privacy Act
pursuant to 5 U.S.C. 552a (j)(2), (k)(1) and (k)(2). That is, these
exemptions apply only to the extent that the file contains information
which has been properly classified pursuant to an Executive Order, or
to the extent that it contains investigatory and other law enforcement
materials. 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.
JUSTICE/CIV-002
System name: Civil Division Case File System: Customs
Litigation.
System location: 26 Federal Plaza, New York, New York 10007, and U.S.
Department of Justice Data Services Center, 10th and Constitution
Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system: Any and all parties
and counsel involved in the cases handled by the Field Office,
Customs Litigation, Commercial Litigation Branch of the Civil
Division will have identifying data contained in this system.
Categories of records in the system: 1. The main record of the system
is the case file which is retained on each case under the
jurisdiction of the Field Office, Customs Litigation, Commercial
Litigation Branch of the Civil Division and constitutes the official
record of the Department of Justice thereon. All record material
relating to a case is retained in the file. Each file is assigned
the Customs Court number given to the summons filed in that court
or, in cases filed prior to October 1, 1970, to reappraisement
appeals or to protests filed with the Customs Court.
The number assigned to the file will change to the number assigned by
the Court of Customs and Patent Appeals, if that case becomes the
subject of an appeal before that court. In addition, the Custom
Section retains a log of communications received and communications
sent. The correspondence is identified thereon by court (case) number,
identification of the kind of communication, and the person receiving
it.
2. The case file and communication logs are physically retained at the
offices of the Field Office, Customs Litigation, Commercial Litigation
Branch 26 Federal Plaza, New York, New York 10007. From these records,
the Field Office, Customs Litigation, Commercial Litigation Branch
inputs certain information for conversion into a data processing
system which is maintained at the Department of Justice Data Services
Center, 10th and Constitution Avenue, NW, Washington, DC 20530.
Included in the information contained in the data processing system is
the identity of the parties and their counsel, as well as the
merchandise involved, the port of entry and the competing statutory
provisions.
3. Alphabetical and numerical indices are maintained as a means of
access to the proper file number by the cross-referencing of the names
of non-government parties to suit with the appropriate file (court)
numbers. These indices are made of index cards and maintained in the
Chief Clerk's office in the Field Office, Customs Litigation,
Commercial Litigation Branch.
Authority for maintenance of the system: The Field Office, Customs
Litigation, Commercial Litigation Branch case files are maintained
under the authority of 28 U.S.C. 2601(b) and 2632(e) and established
in accordance with 28 CFR 0.45(c) which gives the Civil Division
responsibility for `all litigation incident to the reappraisement
and classification of imported goods, including the defense of all
suits in the Court of Customs and Patent Appeals', and with 28 CFR
0.48 which designates the Attorney-in-Charge, Field Office, Customs
Litigation `to accept service of notices of appeals to the Court of
Customs and Patent Appeals and all pleadings and other papers filed
in the Customs Court, when the United States is an adverse Party in
any customs litigation'.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: Any record pertaining to
any case or matter in the Civil Division may be disseminated to any
other component of the Department of Justice, including the Federal
Bureau of Investigation and the United States Attorney offices, for
use in connection with the consideration of that case or matter or
any other case or matter under consideration by the Civil Division
or any other component of the Department of Justice.
Certain information contained in the record may also be disseminated
to the U.S. Customs Service, the Department of the Treasury, the
International Trade Commission, the Department of State, or any other
agency of the Government whose decision is being challenged in a case
assigned to the Field Office, Customs Litigation, Commercial
Litigation Branch for disposition. 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 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 may be disseminated in an
appropriate Federal, state, local or foreign court or grand jury
proceeding in accordance with established constitutional, substantive,
or procedural law or practice; (4) a record relating-to a case or
matter may be disseminated to a Federal, state, or local
administrative or regulatory proceeding or hearing in accordance with
the procedures governing such proceeding or hearing; (5) a record
relating to a case or matter may be disseminated to an actual or
potential party or his attorney for the purpose of negotiation or
discussion of such matters as settlement of the case or matter, plea
bargaining, or formal or informal discovery proceedings; (6) 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 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; (7) a record relating to a person
held in custody pending or during arraignment, trial, sentence or
extradition proceedings, or after conviction or after extradition
proceedings, may be disseminated to a Federal, state, local or foreign
prison, probation, parole, or pardon authority, or to any other agency
or individual concerned with the maintenance, transportation, or
release of such a person; (8) 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; (9) 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; (10) a record may be disseminated to a Federal agency, in
response to its request, in connection with the hiring or retention of
an employee, the issuance of a 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, (11) a record may be disseminated to
the public, news media, trade associations, or organized groups, when
the purpose of the dissemination is educational or informational,
provided that the record does not contain any information identifiable
to a specific individual other than is necessary to identify the
matter or where the information has previously been filed in a
judicial or administrative office, including the clerk of the court;
(12) 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; (13) a record that contains
classified national security information and material may be
disseminated to persons who are engaged in historical research
projects, or who have previously occupied policy making positions to
which they were appointed by the President, in accordance with the
provisions 28 CFR 17.60; (14) copies of the summons (protest and
reappraisement appeals, where appropriate) and the communication logs
are made available to employees of the private contractor who services
the data processing system in New York for the purpose of enabling
such employees to extract all pertinent information from said
documents so that such information may be encoded and converted to
punch card form.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress: Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration: A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) in records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: (1) The case files utilize standard file jackets or envelopes
and are maintained in standard file cabinets; (2) The alphabetical
index cards are maintained in standard file cabinets; (3) The
communication logs are maintained in looseleaf binders and, when not
being currently referred to, are also maintained in standard file
cabinets; (4) The information in the data processing system is
maintained on tapes stored in the Data Services Center.
Retrievability: (1) The case files must be retrieved by number. The
file number may be ascertained from the alphabetical index when the
name of any non-government litigant is known. (2) The informatin
contained in the data processing system may be retrieved through the
retrieval tool activated by an attorney making a request for a
report to the computer technician who codes the request on a form in
the format of the retrieval language. The action words of the
retrieval reports are: List-lists the case numbers of the cases
which satisfy certain criteria such as plaintiff's name, counsel's
name, court, number, merchandise, competing statutory provisions,
Government counsel. Write--output and the full history for any case
specified by case number. Write*--a limited case history for any
case specified by case number. Count-tallying the number of cases in
the data base contained in the request.
Safeguards: (1) Information contained in the system is unclassified.
However, only attorneys in the Civil Division who have
responsibility for the case may properly obtain a case file.
Correspondence and telephone calls about particular cases are
referred to the attorney having responsibility for the case. In the
attorney's absence, another attorney covering for the absent
attorney or the Attorney-in-Charge, Field Office, Customs Litigation
may respond to the telephone call or correspondence. The index files
and the communication logs are utilized only by the personnel of the
Field Office, Customs Litigation, Commercial Litigation Branch in
locating or verifying information contained in the system. (2)
Information from the data processing system may be obtained only by
attorneys on the basis of requests made in writing on a proper form
supplied by the Field Office, Customs Litigation, Commercial
Litigation Branch. The request is made of the computer technician.
Normally these requests are mailed to the technician in charge at
the Data Services Center, but occasionally the request may be
related telephonically by the computer technician.
Retention and disposal: (1) Closed case files are sent to the Federal
Records Center for retention in accordance with the authorized
Records Disposal Schedule for the classification of the case. Such
schedules are approved by the National Archives. After the
designated period is passed, the file is destroyed. The
communication logs are sent to the Federal Records Center for
retention in accordance with the authorized records disposal
schedule after five years. After the designated period those records
are also destroyed. The index cards, however, are not purged. (2)
Periodically, the inactive cases will be purged from the main tape
in the data processing system and transferred to the historical tape
where the information will be retained indefinitely. There is a
provision in the data processing system to delete and remove an
entire case history from the main or historical tape. This may be
done on request from the Attorney-in-Charge, Field Office, Customs
Litigation and such removed cases will not be saved or written on
any other tape.
System manager(s) and address: Assistant Attorney General, Civil
Division, U.S. Department of Justice, 10th and Constitution Avenue,
NW, Washington, DC 20530.
Notification procedure: Address inquiries to Assistant Attorney General,
Civil Division, U.S. Department of Justice, 10th and Constitution
Avenue, NW, Washington, DC 20530.
Record access procedures: A request for information concerning the cases
of the Field Office, Customs Litigation, Commercial Litigation
Branch of the Civil Division should be submitted in writing, with
the envelope and letter clearly marked ``Privacy Access Request''.
The request should include the file number and/or the names of any
non-government litigant known to the requestor. The requestor should
also provide a return address for transmitting the information. Such
access request should be submitted to the System Manager listed
above.
Contesting record procedures: Individuals desiring to contest or amend
information maintained in the system should direct their request to
the Assistant Attorney General, Department of Justice, 10th and
Constitution Avenue, NW, Washington, DC 20530. The request should
clearly state what information is being contested, the reasons for
contesting it, and the proposed amendment to the information sought.
Record source categories: All litigants involved in the cases of this
Division are sources of information. Such information is either
contained in the record material in the case files or has been
extracted from that record material and put on communication logs
and/or index cards.
JUSTICE/CIV - 003
System name: Office of Alien Property File System.
System location: 550 11th Street, NW, Washington, DC 20530.
Categories of individuals covered by the system: Any and all parties
involved in the cases, claims and matters handled by the Office of
Alien Property may have identifying data contained in this system.
Categories of records in the system:
1. This system consists of indices and files relative to enemy-owned
property, reporting sources, ownership, vesting, and claims for the
return thereof. Each vesting order is assigned a general file
number, and each claim has a separate file number. Separate account
files are maintained on vested property for each alien account.
2. Alphabetical and numerical indices are utilized as a means of
access to the proper general file by the cross-referencing of the
names of all individual former property owners and claimants with
the general files.
3. Records of litigation involving the Office of Alien Property are
contained in this system. There are also alphabetical and numerical
indices to facilitate access to these cases.
Authority for maintenance of the system: The Office of Alien Property
files are maintained under the authority of 44 U.S.C. 3101 and 50
U.S.C. App. 40, Title II of the International Claims Settlement Act,
and was established in accordance with 28 CFR 0.47 which states in
part `The Office of Alien Property shall be a part of the Civil
Division ...` and thereafter describes the authority, rights,
privileges, powers, duties and functions of that office.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: Any record pertaining to any
case or matter in the Civil Division may be disseminated to any
other component of the Department of Justice, including the Federal
Bureau of Investigation and the United States Attorney offices, for
use in connection with the consideration of that case or matter or
any other case or matter under consideration by the Civil Division
or any other component of the Department of Justice.
Certain information contained in the record may also be disseminated
to the U.S. Customs Service, the Department of the Treasury, the
International Trade Commission, the Department of State, or any other
agency of the Government whose decision is being challenged in a case
assigned to the Customs Section for disposition. 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 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 may be disseminated in an
appropriate Federal, state, local or foreign court or grand jury
proceeding in accordance with established constitutional, substantive,
or procedural law or practice; (4) a record relating to a case or
matter may be disseminated to a federal, state, or local
administrative or regulatory proceeding or hearing in accordance with
the procedures governing such proceeding or hearing; (5) a record
relating to a case or matter may be disseminated to an actual or
potential party or his attorney for the purpose of negotiation or
discussion of such matters as settlement of the case or matter, plea
bargaining, or formal or informal discovery proceedings; (6) 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 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; (7) a record relating to a person
held in custody pending or during arraignment, trial, sentence or
extradition proceedings, or after conviction or after extradition
proceedings, may be disseminated to a Federal, state, local or foreign
prison, probation, parole, or pardon authority, or to any other agency
or individual concerned with the maintenance, transportation, or
release of such a person; (8) 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; (9) 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; (10) a record may be disseminated to a Federal agency, in
response to its request, in connection with the hiring or retention of
an employee, the issuance of a 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; (11) a record may be disseminated to
the public, news media, trade associations, or organized groups, when
the purpose of the dissemination is educational or informational,
provided that the record does not contain any information identifiable
to a specific individual other than is necessary to identify the
matter or where the information has previously been filed in a
judicial or administrative office, including the clerk of the court;
(12) 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; (13) a record that contains
classified national security information and material may be
disseminated to persons who are engaged in historical research
projects, or who have previously occupied policy making positions to
which they were appointed by the President, in accordance with the
provisions of 28 CFR 17.60; (14) records are also available to the
public for inspection and distribution as set forth at 8 CFR 503.1,
including (a) Annual Reports of the Office of Alien Property, and (b)
final determinations, opinions and orders in cases heard or reviewed
within the Office of Alien Property; (15) records and documents are
available for inspection by persons properly and directly concerned in
connection with claims filed with the Office, records in cases heard
or reviewed in the Office, and authorizations for sale and records of
bids in public sales and orders for their acceptance or rejection and
notifications thereof; (16) any record or portion thereof may also be
disseminated to the Department of the Treasury and to the Foreign
Claims Settlement Commission as a matter of routine use when such
record relates to matters within the jurisdiction of the Office of
Foreign Assets Control, Department of the Treasury, or claims being
processed before the Foreign Claims Settlement Commission; (17) any
record or portion thereof relating to an estate or trust matter under
the jurisdiction of the probate courts of the several states may be
disseminated to the parties and their representatives or to the
courts, in proceedings involving the property owned or claimed to have
been owned by a designated national of an enemy country under the
provisions of the Trading with the Enemy Act; (18) any record may be
disseminated to the Department of State for any negotiation or other
action relating to the Office of Alien Property or to any subject
matter which is, or was at one time, under the jurisdiction of the
Office of Alien Property.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress: Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: Release of information to
the National Archives and Records Administration: A record from a
system of records may be disclosed as a routine use to the National
Archives and Records Administration (NARA) in records management
inspections conducted under the authority of 44 U.S.C. 2904 and
2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Information in the system is stored in standard file jackets,
and on index cards, within standard filing cabinets.
Retrievability: The files and index cards must be retrieved by file
numbers, which can be ascertained from alphabetical indices if the
name of the non-government party is known, or from numerical indices
relating to the various vesting orders, accounts, claims, or cases.
Safeguards: Information in the system is regarded as confidential,
pursuant to 8 CFR 503.17. Departmental rules and procedures are in
force that insure that only Departmental attorneys and their
authorized agents have access to this information.
Retention and disposal: A file is closed when one of the following
occurs:
1. The vesting order has been complied with and the property
disposed of pursuant to the Trading with the Enemy Act, and all
claims have been processed.
2. A case involving the Office of Alien Property has ended by the
final termination of the litigation through a compromise settlement,
court decision or any other method of termination for court cases.
The file is then retained in the Federal Records Center for a number
of years and thereafter may be destroyed. Index cards are retained for
as long as may be practicable.
System manager(s) and address: Assistant Attorney General, Civil
Division, U.S. Department of Justice, 10th and Constitution Avenue,
NW, Washington, DC 20530.
Notification procedure: Address inquiries to Assistant Attorney General,
Civil Division, U.S. Department of Justice, 10th and Constitution
Avenue, NW, Washington, DC 20530.
Record access procedures: A request for access to a record within the
Office of Alien Property system involving matters of privacy and
which is not otherwise available to the party requesting the same
should be submitted in writing, with the envelope and letter clearly
marked `Privacy Access Request`. The request should include file or
account numbers and/or the names of any known non-government
parties. The requestor should also provide a return address for
transmitting the information. Such access requests should be
submitted to the System Manager listed above.
Contesting record procedures: Individuals desiring to contest or amend
information maintained in the system should direct their request to
the System Manager listed above. The request should clearly state
what information is being contested, the reasons for contesting it
and the proposed amendment to the information sought.
Record source categories: All claimants to property, as well as former
depositories, are sources of information, also other offices and
agencies operating under provisions of the Trading with the Enemy
Act.
Systems exempted from certain provisions of the act: None.
JUSTICE/CIV-004
System name: Swine Flu Administrative Claim File System.
System location: Civil Division, U.S. Department of Justice 521 12th
Street NW, No. 804, Washington, DC 20530.
Categories of individuals covered by the system: Any and all parties
making administrative claims for damages resulting from the
administration of the swine flu vaccine, whose claims have been
referred by the Department of Health, Education, and Welfare for
handling by the Civil Division, will have identifying data contained
in this system.
Categories of records in the system: (1) The main record of the system
is the administrative claim file which is retained on each claim
under the jurisdiction of the Civil Division and constitutes the
official record of the Department of Justice. All record material
relating to a claim is retained in the file. Each claim is assigned
a number in sequential order from the date of the filing. (2)
Alphabetical and numerical indices are utilized as a means of access
to the proper file by the cross-referencing of the names of all
claimants with the file number. Index cards are used in these
indices. (3) A Docket Card Index is maintained on each claim in
order to follow the progress of all swine flu claims and to obtain
statistical data for periodic and fiscal reports. However, all
information contained on the cards has been taken from the record
material contained in the official file.
Authority for maintenance of the system: General authority to maintain
the system is contained in 5 U.S.C. 301 and 44 U.S.C. 3101. The
particular system was established by authority of 28 CFR 0.77(f)
which authority was delegated to the Civil Division pursuant to a
memorandum from the Deputy Attorney General, dated July 17, 1974.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: Any record pertaining to
any swine flu administrative claim in the Civil Division may be
disseminated to any other component of the Department of Justice,
including the FBI and the United States Attorneys' Offices, for use
in connection with the consideration of that claim or matter or any
other claim, case or matter under consideration by the Civil
Division or any other component of the Department of Justice. A
record maintained in this system of records may be disseminated as a
routine use of such record as follows: (1) A record relating to a
claim or matter that has been referred by the Department of Health,
Education, and Welfare for investigation, or that involves a claim
or matter within the jurisdiction of an agency, or where the agency
or officials thereof are a party to litigation or where the agency
or officials may be affected by a claim or matter may be
disseminated to such agency to notify the agency of the status of
the claim or matter or any decision or determination that has been
made, or to make such other inquiries and reports as are necessary
during the processing of the claim or matter; (2) a record may be
disseminated to the public, news media, trade associations, or
organized groups, when the purpose of the dissemination is
educational or informational, provided that the record does not
contain any information identifiable to a specific individual other
than that necessary to identify the matter and is not an unwarranted
invasion of privacy or where the information has previously been
filed in a judicial or administrative office, including the clerk of
the court; (3) in any claim 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; (4) 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 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; (5) a record relating to a claim or
matter may be disseminated in an appropriate federal, state, local,
or foreign court or grand jury proceeding in accordance with
established constitutional, substantive, or procedural law or
practice; (6) a record relating to a claim or matter may be
disseminated to a federal, state, or local administrative or
regulatory proceeding or hearing in accordance with the procedures
governing such proceeding or hearing; (7) a record relating to a
claim or matter may be disseminated to an actual or potential party
or his attorney for the purpose of negotiation or discussion of such
matters as settlement of the claim or matter, or for formal or
informal discovery proceedings.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information of Members of Congress: Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration: A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) in records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: (1) The claim files utilize standard file jackets and are
retained in standard file cabinets; (2) the alphabetical and
numerical index cards, as well as the docket cards, are retained in
standard file cabinets.
Retrievability: The files and docket cards must be retrieved by file
number. The file number can be ascertained from the alphabetical
index if the name of the administrative claimant is known.
Safeguards: Information contained in the system is unclassified. No
personalized information about a claim or claimant will be given to
anyone other than the claimant, his attorney, or authorized
representative. Requests for such information will not be given by
telephone unless the caller can provide sufficient information to
identify himself as one authorized to receive personalized
information. Nonpersonal or generalized information will be given to
any requester. Information in the system is regarded as sensitive
pursuant to Department rules and procedures. Department rules and
procedures are in force to insure that only Departmental attorneys
and their authorized agents have access to the information.
Retention and disposal: When a claim file is closed by the legal
section, it is sent to the Federal Records Center for retention in
accordance with the authorized Record Disposal Schedule for the
classification of the case. Such schedules are approved by the
National Archives. After the designated period has passed, the file
is destroyed. However, the index and docket cards are not purged and
are retained for as long as practicable.
System manager(s) and address: Assistant Attorney General, Civil
Division, U.S. Department of Justice, 10th and Constitution Avenue
NW, Washington, DC 20530.
Notification procedure: Address inquiries to Chief, Torts Section, Civil
Division, U.S. Department of Justice, 10th and Constitution Avenue
NW, Washington, DC 20530.
Record access procedures: A request for information concerning the swine
flu administrative claims of the Civil Division should be submitted
in writing, with the envelope and letter clearly marked ``Privacy
Act Request''. The request should include the file number and/or
names of any claimants known to the requester. The requester should
also provide a return address for transmitting the information. Such
access requests should be submitted to the System Manager listed
above. Requests may also be made by telephone. In such cases the
caller will be referred to the attorney of record. The attorney, in
turn, may require an official written request.
Contesting record procedures: Individuals desiring to contest or amend
information maintained in the system should direct their request to
the System Manager listed above. The request should clearly state
what information is being contested, the reasons for contesting it,
and the proposed amendment to the information sought.
Record source categories: All swine flu claimants are sources of
information. Such information is either contained in the record
material in the case files or has been extracted from that record
material and put onto docket and index cards.
Systems exempted from certain provisions of the act: None.
JUSTICE/CIV-005
System name: Freedom of Information/Privacy Acts File.
System location:
Civil Division, U.S. Department of Justice, 550 11th Street, NW,
Washington, DC 20530.
Categories of individuals covered by the system:
Persons who request disclosure of Civil Division records pursuant to
the Freedom of Information Act (FOIA); persons who request access to
or correction of records pertaining to themselves contained in Civil
Division systems of records pursuant to the Privacy Act (PA); persons
whose FOIA or PA requests for records have been referred to the Civil
Division by another component of Department of Justice or another
agency, and, where applicable, persons about whom records have been
requested.
Categories of records in the system:
(1) The manual records consist of FOIA and PA requests for Civil
Division records; related correspondence and memoranda; and copies of
records from other PA systems of records responsive to the requests,
which may include information concerning national security, civil
investigations, and criminal law enforcement matters. (2) An automated
record of selected data which has been extracted from each case file
is maintained on magnetic diskettes as an index to the files, to
follow the progress of the requests, and to obtain statistical data
for monthly and annual reports.
Authority for maintenance of the system:
This system is established and maintained pursuant to 5 U.S.C. 301 and
44 U.S.C. 3101.
Purpose(s):
These records are maintained for the purpose of processing
administrative requests and appeals under the Freedom of Information
and Privacy Acts and complying with reporting requirements of the
Acts.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(1) 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.
(2) A record may be disclosed to the National Archives and Records
Administration and to the General Services Administration to conduct
records management inspections authorized by 44 U.S.C. 2904 and 2906.
(3) Information may be released to the news media and the public
pursuant to 28 CFR 50.2 unless it is determined that release would
constitute an unwarranted invasion of personal privacy.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
The request records (manual) are stored in cabinets. Classified
information is stored in a locked file cabinet. Automated records are
maintained on magnetic diskettes.
Retrievability:
Files are retrievable by the requester's name or if filed
chronologically by the requester's name and the date of final
response.
Safeguards:
Classified information is maintained in locked safes. Access to all
information is limited to Department of Justice personnel who have
need for the records to perform their duties. Automated records are
safeguarded and protected in accordance with Department rules and
procedures governing the handling of computerized information. All
records are stored in offices which are occupied during the day and
locked at night.
Retention and disposal:
The file is destroyed after the designated period has passed in
accordance with the General Records Schedule 14, items 16, et seq. and
25, et seq.
System manager(s) and address:
Assistant Attorney General, Civil Division, U.S. Department of
Justice, 10th and Constitution Avenue NW, Washington, DC 20530.
Notification procedure:
Address inquiries to the System Manager listed above, c/o FOI/PA
Office. The envelope and letter should be clearly marked ``FREEDOM OF
INFORMATION/PRIVACY ACTS REQUEST.''
Record access procedures:
A request for access to a record from this system shall be made in
writing with the envelope and letter clearly marked ``FREEDOM OF
INFORMATION/PRIVACY ACTS REQUEST.'' The requester shall also provide a
return address for transmitting the information. Access requests shall
be directed to the system manager listed above, c/o the FOI/PA Office.
Contesting record procedures:
Individuals desiring to contest or amend information maintained in the
system should direct a 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. The envelope and letter should be clearly marked
``FREEDOM OF INFORMATION/PRIVACY ACTS REQUESTS.''
Record source categories:
The source of information contained in this system are the individuals
making requests, the systems of records searched in the process of
responding to requests, and other agencies referring requests for
access to or correction of records originating in the Civil Division.
Systems exempted from certain provisions of the act:
The Attorney General has exempted certain categories of records in
this system from subsections (c) (3) and (4), (d), (e)(1), (e)(2),
(e)(3), (e)(4), (G) and (H), (e)(5), (e)(8), and (g) of the Privacy
Act pursuant to 5 U.S.C. 552a (j)(2), (k)(1), and (k)(2). That is,
these exemptions apply only to the extent that the file contains
information which has been properly classified pursuant to an
Executive Order or to the extent that it contains investigatory and
other law enforcement materials. Rules have been promulgated in
accorance with the requirements of 5 U.S.C. 553 (b), (c), and (e) and
have been published in the Federal Register.
JUSTICE/CIV-006
System name: Consumer Inquiry/Investigatory System.
System location:
Civil Division, U.S. Department of Justice, 666 11th Street NW,
Washington, DC 20530.
Categories of individuals covered by the system:
Individuals with complaints or inquiries on consumer matters.
Categories of records in the system:
The records consist of complaints and inquiries from private
individuals, any replies thereto and other correspondence and internal
memoranda related to the investigation of such inquiries for
violations of criminal or civil Federal law.
Authority for maintenance of the system:
U.S.C. 3101; 5 U.S.C. 301.
Purpose(s):
These records are maintained for the purpose of responding to consumer
complaints or inquiries and to further or initiate investigations for
law enforcement purposes.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(1) A complaint/inquiry, or any information developed in response
thereto may be disclosed to other Federal, State or local agencies for
law enforcement purposes, to ensure complete action on the matter, or
to better assess consumer-related problems and programs.
(2) A complaint/inquiry or any information derived therefrom may be
disclosed to a private firm that is the subject of a complaint/inquiry
to resolve the issues raised in the complaint/inquiry or to fulfill
the Department's law enforcement responsibilities.
(3) To facilitate processing Freedom of Information and Privacy Act
requests for these records, a record 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.
(4) A record or information derived therefrom may be released to the
news media and the public pursuant to 28 CFR 50.2 unless it is
determined that release would constitute an unwarranted invasion of
personal privacy.
(5) A record may be disclosed to the National Archives and Records
Administration and to the General Services Administration to conduct
records management inspections authorized by 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
These records are stored in file folders in cabinets.
Retrievability:
Information is retrieved by name subject matter and date.
Safeguards:
Information contained in the system is unclassified. During duty hours
access to this system is monitored and controlled by Civil Division
personnel in the area where the system is maintained. The area is
locked during non-duty hours.
Retention and disposal:
In accordance with the General Record Schedule 14, item 6, records are
retained for one year after close of the file or completion of the
project, after which the files are destroyed.
System manager(s) and address:
Assistant Attorney General, Civil Division, U.S. Department of
Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
Notification procedure:
Address inquiries to the Assistant Attorney General, Civil Division,
Department of Justice, 10th and Constitution Avenue, NW, Washington,
DC 20530.
Record access procedures:
A request for access to a record from this system shall be written and
clearly identified as a ``Privacy Access Request.'' The request should
include the name of the party making the inquiry and the date of the
inquiry. The requester should indicate a return address. The request
should be directed to the system manager listed above.
Contesting record procedures:
Individuals desiring to contest or amend information maintained in the
system should state clearly and concisely what information is being
contested, the reasons for contesting it and the proposed amendment to
the information sought. The request should be directed to the system
manager listed above.
Record source categories:
Sources of records maintained in the system are the public inquiries,
and information provided by private firms regarding the subject matter
of such inquiries.
Systems exempted from certain provisions of the act:
The Attorney General has exempted certain categories of records in
this system from subsections (c) (3) and (4), (d), (e)(1) and (e)(5)
of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2) and (k) (2). That
is, these exemptions apply only to the extent that the file contains
records combined for civil or criminal law enforcement purposes. 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.
JUSTICE/CIV-007
System name: Congressional and Citizen Correspondence File.
System location:
Civil Division, U.S. Department of Justice, 550 11th Street NW,
Washington, DC 20530.
Categories of individuals covered by the system:
(1) Current and past members of Congress who correspond with the
Department on civil and other related matters; and (2) Private
individuals who correspond with the Department of civil and other
related matters.
Categories of records in the system:
(1) The records consist of written inquiries from private individuals
(or Members of Congress) on various matters, including requests for
action on Private Relief Bills, and copies of responses thereto.
Included also may be internal memoranda and other materials compiled
in connection with the underlying criminal or civil investigation of
such matters. (2) An automated record of selected data which has been
extracted from each request file is maintained on magnetic diskettes
as an index to the files, to follow the progress of the
correspondence, and to obtain statistical data for monthly and fiscal
reports.
Authority for maintenance of the system:
The system is established and maintained in accordance with 5 U.S.C.
301 and 44 U.S.C. 3101.
Purpose(s):
These records are maintained for the purpose of permitting Civil
Division and other Department of Justice personnel to respond to
congressional and public inquiries, requests, or complaints.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(1) A record, or any facts derived therefrom, may be referred or
conveyed to other Federal, State, or local agencies for consultation
or for direct response by that agency to the inquiry.
(2) To facilitate processing of 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 or the accuracy of information
submitted by an individual who has requested access to, or amendment
or correction of records.
(3) A record may be released to the National Archives and Records
Administration and to the General Services Administration to conduct
records management inspections authorized by 44 U.S.C. 2904 and 2906.
(4) Information may be released to the news media and the public
pursuant to 28 CFR 50.2 unless it is determined that release would
constitute an unwarranted invasion of personal privacy.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Inquiry records (manual) are stored in file folders in cabinets.
Automated records are maintained on magnetic diskettes.
Retrievability:
The files are retrievable by date of final response, name of
correspondent, or by subject matter.
Safeguards:
Access to records is limited to Department of Justice personnel who
have need for the records to perform their duties. Automated records
are safeguarded and protected in accordance with Department rules and
procedures governing the handling of computerized information.
Information contained in the system is unclassified. The files are
maintained in a room that is occupied by office personnel during the
day and locked at night.
Retention and disposal:
In accordance with the useful life of these records, the files
retained for two years after final response after which the files are
destroyed.
System manager(s) and address:
Assistant Attorney General, Civil Division, U.S. Department of
Justice, 10th and Constitution Avenue NW, Washington, DC 20530.
Notification procedure:
Address inquiries to the System Manager listed above. c/o FOI/PA
Office. The envelope and letter should be clearly marked, ``FREEDOM OF
INFORMATION/PRIVACY ACTS REQUEST.''
Record access procedures:
A request for access to a record from this system shall be made in
writing, with the envelope and letter clearly marked, ``FREEDOM OF
INFORMATION/PRIVACY ACTS REQUEST.'' The requester shall also provide a
return address for transmitting the information. Access requests shall
be directed to the system manager listed above, c/o the FOI/PA Office.
Contesting record procedures:
Individuals desiring to contest or amend information maintained in the
system should direct a 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. The envelope and letter should be clearly marked,
``FREEDOM OF INFORMATION/PRIVACY ACTS REQUEST.''
Record source categories:
Sources of information maintained in the system are congressional and
citizen correspondents.
Systems exempted from certain provisions of the act:
The Attorney General has exempted certain categories of records in
this system from subsection (d) of the Privacy Act pursuant to 5
U.S.C. 552a(j)(2) and (k)(2). That is, this exemption applies only to
the extent that the file contains investigatory and other law
enforcement materials. 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.
CIVIL RIGHTS DIVISION
JUSTICE/CRT-001
System name: Central Civil Rights Division Index File and
Associated Records.
System location:
United States Department of Justice Civil Rights Division (CRT), 10th
and Constitution Avenue NW, Washington, DC 20530; 1425 New York
Avenue, NW, Washington, DC 20530; and Federal Records Center,
Suitland, Maryland 20409.
Categories of individuals covered by the system:
These persons may include: Subjects of investigations, victims,
potential witnesses, individuals of Japanese ancestry who are
eligible, or potentially eligible, for restitution benefits as a
result of their evacuation, relocation, or internment during World War
II, correspondents on subjects directed or referred to CRT or other
persons or organizations referred to in potential or actual cases and
matters of concern to CRT, and CRT employees who handle complaints,
cases or matters of concern to CRT.
Categories of records in the system:
The system consists of alphabetical indices bearing the names of those
individuals identified above and the associated record to which the
indices relate containing the general and particular records of all
CRT correspondences cases, matters, and memoranda, including, but not
limited to, investigative reports, correspondence to and from the
Division memoranda, legal papers, evidence, and exhibits. The names of
some individuals, e.g., witnesses, may not yet be on the central
indices. Records relating to such individuals may be obtained by
direct access to the file jackets. Such file jackets are located
within the respective sections of CRT according to the legal subject
matter assigned to each CRT section. The delegated legal duties and
responsibilities of each section are described as follows:
The records related to the duties of the Appellate Section of CRT
include records generated by all CRT cases that have entered the U.S.
Supreme Court and the Courts of Appeal. Other records include those
generated in the course of Appellate Section duties such as advising
Members of Congress on legislative matters, providing legal counsel on
civil rights issues to Federal agencies and providing counsel to the
various components of the Department of Justice.
The records related to the duties of the Coordination and Review
Section of CRT include letters, studies, and reports concerning the
implementation of Executive Orders 12250 and 12236. Under E.O. 12250,
the Attorney General coordinates and monitors the enforcement of Title
VI of the Civil Rights Act of 1964. Title IX of the Education
Amendments of 1972, as amended, and the civil rights provisions of any
Federal assistance grant which forbids discrimination in federally
assisted programs on the basis of race, color, national origin, sex,
handicap or religion. The Coordination and Review Section also works
with Federal agencies under E.O. 12236 to monitor review of their
enabling legislation on the basis of sex.
In addition, the records related to the duties of the Coordination and
Review Section of CRT include complaint investigation files and other
matters arising under Titles II and III of the Americans with
Disabilities Act (ADA), 42 U.S.C. 12131-12134, 12181-12189. Further,
the Coordination and Review Section may maintain case-related records
on investigations arising under section 504 of the Rehabilitation Act
of 1973, as amended, 29 U.S.C. 794, Title VI of the Civil Rights Act
of 1964, 42 U.S.C. 2000d, and Title IX of the Education Amendments of
1972, 20 U.S.C. 1681, and other nondiscrimination statutes.
The records related to the duties of the Criminal Section of CRT
include cases or matters arising under 18 U.S.C. 241 and 242 which
prohibit persons acting under color of law or in conspiracy with
others to interfere with or deny the exercise of Federal
constitutional rights, cases involving criminal violations of the
Voting Rights Act of 1965 (42 U.S.C. 1971 through 1974), cases or
matters involving criminal interference with housing rights as is
prohibited by 42 U.S.C. 3631 and criminal interference with other
federally protected rights as is prohibited by 18 U.S.C. 245. Other
Criminal Section records include cases or matters involving 18 U.S.C.
1581 through 1588 which prohibit involuntary servitude, some cases
involving maritime law.
The records related to the duties of the Educational Opportunities
Section of CRT include cases or matters arising under Federal laws
requiring nondiscrimination in public education such as Titles IV and
IX of the Civil Rights Act of 1964 (42 U.S.C. 2000c, 42 U.S.C. 2000h-
2) which prohibit discrimination on the basis of race, color,
religion, sex, or national origin: Title IX of the 1972 Education
Amendments (20 U.S.C. 1681) which prohibits discrimination on the
basis of sex in educational programs or activities receiving federal
financial assistance and section 504 of the Rehabilitation Act of 1973
which grants rights to handicapped persons participating in
educational programs receiving federal financial assistance. In
addition, the records related to the duties of the Educational
Opportunities Section include cases or matters arising under the Equal
Educational Opportunities Act of 1974 (20 U.S.C. 1701).
The records related to the duties of the Employment Litigation Section
of CRT include cases or matters arising under Federal laws prohibiting
discriminatory employment practices by State and local governments
such as the equal employment opportunity provisions contained within
the Revenue Sharing Act of 1972, as amended. Other records include
cases or matters arising under Title VII of the Civil Rights Act of
1964 and its amendment which is the Pregnancy Discriminatory Act of
1978 (42 U.S.C. 2000e(k)). In addition, the records related to the
duties of the Employment Litigation Section include cases or matters
arising under Executive Order No. 11246 involving equal opportunity
laws applicable to public employers. Federal contractors and
subcontractors involved in federally financed projects.
The records related to the duties of the Housing and Civil Enforcement
Section of CRT include cases or matters involving the Fair Housing Act
of 1968 (42 U.S.C. 3501 through 3619), and cases or matters involving
fair credit laws such as the Equal Credit Opportunity Act (15 U.S.C.
1691 through 1691g) as well as its implementing regulations.
Regulation B (12 CFR part 202). Other records include cases or matters
arising under Title II and Title III of the Civil Rights Act of 1964
which prohibit discrimination in public facilities (except those Title
III matters that involve prison facilities) and cases or matters
arising under the nondiscrimination provisions of the Revenue Sharing
Act and the Housing and Community Development Act of 1974.
The records related to the duties of the Special Litigation Section of
CRT includes cases or matters arising under Title III of the Civil
Rights Act of 1964 as it applies to prison facilities, cases or
matters arising under the Civil Rights of Institutionalized Persons
Act of 1980 (42 U.S.C. 1997), cases or matters involving the
constitutional rights of institutional juveniles, and the
constitutional rights of mentally and physically handicapped persons
of all ages, cases arising under section 504 of the Rehabilitation Act
of 1973, as amended.
The records relate to the duties of the Office of Redress
Administration (ORA) and include records pertaining to the
identification, location and authorization for restitution payments to
eligible individuals of Japanese ancestry who were evacuated,
relocated or interned during World War II. Such restitution payments
are authorized by section 1C5 of the Civil Liberties Act of 1988 (50
U.S.C. App. 1989b). Records will also relate to any criminal or civil
cases arising under this Act which occur as a result of fraud,
challenges to ORA administrative regulations.
The records related to the duties of the Public Access Section of the
Civil Rights Division include cases or matters arising under Titles II
and III of the Americans with Disabilities Act (ADA), 42 U.S.C. 12131-
12134, 12181-12189, which prohibit discrimination by State and local
governments, public accommodations, commercial facilities, and
providers of certain examinations and courses on the basis of
disability. Other records include cases or matters involving the
certification of State and local building codes under section 308(b)
of the ADA, 42 U.S.C. 12188(b)(1)(A)(ii), and the provision of
technical assistance under section 506 of the ADA, 42 U.S.C. 12206.
Further, the Public Access Section may maintain case-related records
on investigations arising under section 504 of the Rehabilitation Act
of 1973, as amended, 29 U.S.C. 794, Title VI of the Civil Rights Act
of 1964, 42 U.S.C. 2000d, and Title IX of the Education Amendments of
1972, 20 U.S.C. 1681 and other nondiscrimination statutes. Other
records relate to litigation involving the civil rights statutes
coordinated by the Department of Justice, and such other matters as
may be required to fulfill the duties mandated by the President and
Congress.
Authority for maintenance of the system:
The records in the system of records are kept under the authority of
44 U.S.C. 3101 and in the ordinary course of fulfilling the
responsibility assigned to CRT under the provisions of 28 CFR 0.50,
0.51.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
A. Information in the system may be used by employees and officials of
the Department to make decisions in the course of investigations and
legal proceedings: to assist in preparing responses to correspondence
from persons outside the Department to prepare budget requests, and
various reports on the work product of CRT or to carry out other
authorized Department functions.
B. A record maintained in this system of records may be disseminated
as a routine use of such records as follows: (1) A record relating to
a possible or potential violation of law, whether civil, criminal, or
regulatory in nature may be disseminated to the appropriate federal,
state or local agency charged with the responsibility of enforcing or
implementing such law; (2) in the course of the Administration by CRT
of a federally mandated program, or the investigation or litigation of
a case or matter, a record may be disseminated to a federal, state or
local agency, or to an individual or organization, if there is reason
to believe that such agency, individual or organization possesses
information or has the expertise in an official or technical capacity
to assist in the administration of such program or to analyze
information relating to the investigation, trial or hearing and the
dissemination is reasonably necessary to elicit such assistance,
information or expert analysis, or to obtain the cooperation of a
prospective witness; (3) A record relating to a case or matter, or any
facts derived therefrom, may be disseminated in a proceeding before a
court, grand jury, administrative or regulatory proceeding or any
other adjudicative body before which CRT is authorized to appear, when
the United States, or any agency or subdivision thereof, is a party to
litigation or has an interest in litigation and such records are
determined by CRT to be arguably relevant to the litigation; (4) a
record relating to a case or matter may be disseminated to an actual
or potential party to litigation or the party's attorney (a) for the
purpose of negotiation or discussion on such matters as settlement of
the case or matter, plea bargaining or (b) in formal or informal
discovery proceedings; (5) a record relating to a case or matter that
has been referred for investigation may be disseminated to the
referring agency to notify such agency of the status of the case or
matter or of any determination that has been made; (6) a record
relating to a person held in custody or probation during a criminal
proceeding or after conviction, may be disseminated to any agency or
individual having responsibility for the maintenance, supervision or
release of such person; (7) a record may be disseminated to the United
States Commission on Civil Rights in response to its request and
pursuant to 42 U.S.C. 1975d; (8) a record may be disseminated to
volunteer student workers and students working under a work-study
program as is necessary to enable them to perform their assigned
duties.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information in the
system may be disclosed as is necessary to respond to inquiries by
Members of Congress on behalf of individual constituents that are
subject to CRT records.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA):
A record from a system of records may be disclosed as a routine use to
NARA and GSA in records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retraining,
and disposing of records in the system:
Storage:
Information in this system is stored on index cards, in file jackets,
and on computer disks or tapes.
Retrievability:
Information is retrieved through either use of an index card system or
logical queries to the computer-based system. Entries are arranged
alphabetically by the names of individuals covered by the system.
(Complaints received from individuals which have not been investigated
by the Department have not been systematically indexed and information
pertaining to such individuals may or may not be retrievable.)
Information on such individuals may be retrievable from the file
jackets by a number assigned and appearing on the index cards.
Safeguards:
Information in manual and computer form is safeguarded and protected
in accordance with applicable Department security regulations for
systems of records. Only a limited number of staff members who are
assigned a specific identification code will be able to use the
computer to access the stored information.
Retention and disposal:
Records are maintained on the system while current and required for
official Government use. When no longer needed on an active basis, the
paper files are transferred to the Federal Records Center, Suitland,
Maryland and some records are transferred to computer tape and stored
in accordance with Department security regulations for system of
records. Final disposition is in accordance with records retirement or
destruction as scheduled by NARA.
System manager(s) and address:
Executive Officer. Administrative Management Section, Civil Rights
Division United States Department of Justice, Washington, DC 20530.
Notification procedure:
Part of this system is exempted from this requirement under 5 U.S.C.
552a (j)(2) and (k)(2). Address inquiries to the System Manager listed
above.
Record access procedures:
Part of this system is exempted from this requirement under 5 U.S.C.
552a (j)(2) and (k)(2). To the extent that this system of records is
not subject to exemption, it is subject to access and contest. A
determination as to exemption shall be made at the time a request for
access is received. A request for access to a record retrievable in
this system shall be made in writing, with the envelope and letter
clearly marked ``Privacy Access Request.'' Include in the request the
full name of the individual, his or her current address, date and
place of birth, notarized signature (28 CFR 16.41(b)), the subject of
the case or matter as described under ``Categories of records in the
system,'' and any other information which is known and may be of
assistance in locating the record, such as the name of the civil
rights related case or matter involved, where and when it occurred and
the name of the judicial district involved. The requester will also
provide a return address for transmitting the information. Access
requests should be directed to the System Manager listed above.
Contesting record procedures:
Individuals desiring to contest or amend non-exempt information
retrievable 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.
Record source categories:
Sources of information contained in this system may be an agency or
person who has or offers information related to the law enforcement
responsibilities and/or other statutorily-mandated duties of CRT.
Systems exempted from certain provisions of the act:
The Attorney General has exempted parts of this system from
subsections (c)(3), (d), and (g) of the Privacy Act pursuant to 5
U.S.C. 552a (j)(2) and (k)(2). 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 relates to an official Federal
investigation and/or law enforcement matter. Those files indexed under
an individual's name which concern only the administrative management
of restitution payments under section 105 of the Civil Liberties Act
of 1988 are not being exempted pursuant to 5 U.S.C. 552a (j)(2) and
(k)(2).
JUSTICE/CRT-002
System name: Files of Applications for the Position of Attorney
with the Civil Rights Division.
System location:
U.S. Department of Justice, Civil Rights Division (CRT), 10th and
Constitution Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system:
Persons who have applied for a position as an attorney with CRT.
Categories of records in the system:
The system may contain SF 171 forms, resumes, referral letters,
letters of recommendation, writing samples, interview notes, internal
notes or memoranda, and other correspondence and documents.
Authority for maintenance of the system:
The records in this system of records are kept under the authority of
44 U.S.C. 3101 and in the ordinary course of fulfilling the
responsibilities assigned to CRT under 28 CFR 0.50, 0.51.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The records in this system are used by employees and officials of the
Department in making employment decisions. If an individual is hired,
the records may become part of his or her Official Personnel Folder.
A record relating to this system, or any facts derived therefrom, may
be disseminated in a proceeding before a court, grand jury,
administrative or regulatory proceeding or any other adjudicative body
before which the Civil Rights Division is authorized to appear, when
the United States, or any agency or subdivision thereof, is a party to
litigation or has an interest in litigation and such records are
determined by the Civil Rights Division to be arguably relevant to the
litigation. A record relating to this system may be disseminated to an
actual or potential party to litigation or the party's attorney for
the purpose of negotiation or discussion on such matters as settlement
of the case or matter, plea bargaining or in formal or informal
discovery proceedings.
Release of information to the news media: Information permitted to be
released in the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems or records maintained by the Department
of Justice 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.
Release of information of Members of Congress. Information in the
system may be disclosed as is necessary to respond to inquiries by
Members of Congress on behalf of individual constituents that are
subjects of CRT records.
Release of information to the National Archives and Records
Administration: A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) in records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records in the system are primarily original papers or reproductions
or copies thereof. The system consists of files pertaining to
individual applicants.
Retrievability:
Information is retrieved by using an applicant's name.
Safeguards:
Information in the system is unclassified. It is safeguarded and
protected in accordance with Departmental rules and procedures
governing access, production and disclosure of any materials contained
in its official files.
Retention and disposal:
Information is retained in the system until a final employment
decision is made or until such time as CRT is notified by the
applicant that he or she is no longer interested in or available for
the position. If an individual is hired, some or all of the records
may become part of his or her Official Personnel Folder.
System manager(s) and address:
Deputy Assistant Attorney General, Civil Rights Division, U.S.
Department of Justice, Washington, DC 20530.
Notification procedure:
Address inquiries to the Assistant Attorney General, Civil Rights
Division, U.S. Department of Justice, Washington, DC 20530.
Record access procedures:
A request for access to a record from this system shall be made in
writing with the envelope and the letter clearly marked `Privacy
Access Request.' The request should include the name of the applicant
and the position applied for. The requester will also provide a return
address for transmitting the information. Access requests will be
directed to the System Manager listed above.
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 concisely what information is being contested, the
reasons for contesting it, and the proposed amendment to the
information sought.
Record source categories:
Sources of information contained in the system generally are the
applicants, persons referring or recommending the applicant, and
employees and officials of the Department.
Systems exempted from certain provisions of the act:
None.
JUSTICE/CRT-003
System name:
Civil Rights Case Load Evaluation System--Time Reporting System.
System location:
United States Department of Justice, Civil Rights Division (CRT), 10th
and Constitution Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system:
Attorneys and paralegals of CRT of the United States Department of
Justice.
Categories of records in the system:
The system contains the names of Division attorneys and paralegals and
their assignments and allocation of work time.
Authority for maintenance of the system:
The records in this system are kept under the authority of 44 U.S.C.
3101 and in the ordinary course of fulfilling the responsibilities
assigned to CRT under 28 CFR 0.50, 0.51.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
CRT personnel use this system or records to keep track of resources,
i.e., to determine CRT allocations of resources and professional time
to individual assignments of cases and broad categories of cases
(e.g., voting, criminal, enforcement), and to assist in preparing
budget requests and other reports which may be submitted to the
Attorney General or the Congress.
A record relating to this system, or an facts derived therefrom, may
be disseminated in a proceeding before a court, grand jury,
administrative or regulatory proceeding or any other adjudicative body
before which CRT is authorized to appear, when the United States, or
any agency or subdivision thereof, is a party to litigation or has an
interest in litigation and such records are determined by CRT to be
arguably relevant to the litigation. A record relating to this system
may be disseminated to an actual or potential party to litigation or
the party's attorney for the purpose of negotiation or discussion on
such matters as settlement or the case of matter, plea bargaining or
in formal or informal discovery proceedings.
A record may be accessed by volunteer student workers and students
working under a work-study program as is necessary to enable them to
perform their assigned duties.
Release of information to Members of Congress: Information in the
system may be disclosed as is necessary to respond to inquiries by
Members of Congress on behalf of individual constituents that are
subject of CRT records.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA): A record from the system or records may be disclosed to NARA
and GSA for records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are stored on computer disks.
Retrievability:
Information is retrieved by the names of attorneys or paralegals.
Safeguards:
Information contained in the system is unclassified. It is safeguarded
and protected in accordance with Departmental security regulations for
systems or records. Access to the records is limited to those
employees whose official duties require such access.
Retention and disposal:
Records are maintained in the system while current and required for
official Government use. When no longer needed on an active basis, the
records are stored in accoradance with Departmental security
regulations for systems of records. Final disposition is in accordance
with General Records Schedule 5, item 4.
System manager(s) and address:
Executive Officer, Administrative Management Section, Civil Rights
Division, United States Department of Justice, 10th and Constitution
Avenue, NW, Washington DC 20530.
Notification procedure:
Address inquiries to the system manager listed above.
Record access procedures:
A request for access to a record retrievable in this system shall be
made in writing, with the envelope and letter clearly marked ``Privacy
Access Request.'' Include in the request the full name of the
individual involved, his or her current address, date and place of
birth, and notarized signature (28 CFR 16.42(b)), and any other
information which is known and may be of assistance in locating the
record. The requester should provide a return address for transmitting
the information. Access to request should be directed to the system
manager listed above.
Contesting record procedures:
Individuals desiring the contest or amend their records 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.
Record source categories:
Information on time-allocation is provided by CRT attorneys and
paralegals.
Systems exempted from certain provisions of the act:
None.
JUSTICE/CRT-004
System name: Registry of Names of Interested Persons Desiring
Notification of Submissions under Section 5 of the Voting Rights
Act.
System location:
U.S. Department of Justice, Civil Rights Division (CRT), 320 First
Street, NW, Washington, DC 20530 and U.S. Department of Justice, 10th
and Constitution, NW, Washington, DC 20530.
Categories of individuals covered by the system:
Persons who have requested that the Attorney General send them notice
of submissions under Section 5 of the Voting Rights Act of 1965, 42
U.S.C. 1973c.
Categories of records in the system:
The Registry contains the name, address and telephone numbers of
interested parties, and, where appropriate, the area or areas with
respect to which notification was requested by such persons.
Authority for maintenance of the system:
46 FR 877 (1981) codified in 28 CFR 51.30, 42 U.S.C. 1973c, 5 U.S.C.
301 and 28 U.S.C. 509.510.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The Registry is used to identify persons interested in receiving
notice of Section 5 submissions and to comply with their requests. The
Registry may be used to notify the persons listed therein of any
proposed changes in the ``Procedures for the Administration of Section
5 of the Voting Rights Act of 1965,'' 46 FR 870 (1981) codified in 28
CFR part 1, and to solicit their comments which respect to any such
proposed changes.
A record relating to this system, or any facts derived therefrom, may
be disseminated in a proceeding before a court, grand jury,
administrative or regulatory proceeding or any other adjudicative body
before which CRT is authorized to appear, when the United States, or
any agency or subdivision thereof, is a party to litigation or has an
interest in litigation and such records are determined by CRT to be
arguably relevant to the litigation. A record relating to this system
may be disseminated to an actual or potential party to litigation or
the party's attorney for the purpose of negotiation or discussion on
such matters as settlement of the case or matter, plea bargaining or
in formal or informal discovery proceedings.
A record may be accessed by volunteer student workers and students
working under work-study program as is necessary to enable them to
perform their assigned duties.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress: Information in the
system may be disclosed as is necessary to respond to inquiries by
Members of Congress on behalf of individual constituents that are
subjects of CRT records.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA):
A record from a system of records may be disclosed as a routine use to
NARA and GSA in records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Names are stored in a card file system, and an automated addresser.
Retrievability:
Records in this system are retrievable by the names of interested
persons and organizations.
Safeguards:
Information in the system is safeguarded in accordance with
Departmental rules and procedures governing access, production and
disclosure of any materials contained in its official files.
Retention and disposal:
An individual or organizational name is retained in the Registry until
such time as that person or organization request that the name be
deleted.
System manager(s) and address:
Chief, Voting Section, Civil Rights Division, U.S. Department of
Justice Washington, DC 20530.
Notification procedure:
Address inquiries to: Assistant Attorney General, Civil Rights
Division, U.S. Department of Justice, Washington, DC 20530.
Record access procedures:
This system contains no information about any individual other than as
described in Category of Record above. Persons whose names appear on
the Registry may have access thereto or have their names and other
information pertaining to them deleted or modified upon a request of
the same nature as indicated in 46 FR 877 (1981) Codified in 28 CFR
51.30.
Contesting record procedures:
Same as the above.
Record source categories:
Sources of information in the Registry are those persons or
organizations whose names appear therein by virtue of their having
requested inclusion in the Registry pursuant to 46 FR 877 (1981)
codified in 28 CFR 51.30.
Systems exempted from certain provisions of the act:
None.
JUSTICE/CRT-007
System name: Files on Employment Civil Rights Matters Referred
by the Equal Employment Opportunity Commission.
System location:
U.S. Department of Justice, Civil Rights Division (CRT), 10th and
Constitution Avenue NW, Washington, DC 20530.
Categories of individuals covered by the system:
Persons seeking employment or employed by a state or a political
subdivision of a state who have filed charges alleging discrimination
in employment with the Equal Employment Opportunity Commission
(hereinafter EEOC) which have resulted in a determination by EEOC that
there is probable cause to believe that such discrimination has
occurred, and attempts by EEOC at conciliation have failed.
Categories of records in the system:
The system may contain copies of charges filed with EEOC, copies of
EEOC's ``determination'' letters, letters of transmittal from and to
EEOC, analyses or evaluations summarizing the charge and other
materials in the EEOC file, internal memoranda, attorney notes, and
copies of ``right to sue'' letters issued by CRT. Charges related to
allegations of employment discrimination by public employers filed by
individual complainants which have been referred to the Department of
Justice by EEOC pursuant to 42 U.S.C. 2000e-5(f)(1) or 5(f)(2), or to
allegations of a pattern or practice of violations of the Equal
Employment Opportunity Act by a public employer which have been
referred to the Department of Justice by EEOC pursuant to 42 U.S.C.
2000e-6.
Authority for maintenance of the system:
The records in this system of records are kept under authority of 44
U.S.C. 3101 and in the ordinary course fulfilling the responsibilities
assigned to CRT under 28 CFR 0.50, 0.51.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The system is used by employees and officials of the Department to
make decisions regarding prosecution of alleged instances of
employment discrimination; to issue right to sue letters on behalf of
individuals; to make policy and planning determinations; to prepare
annual budget requests and justifications; to prepare statistical
reports on the work product of the Employment Litigation Section and
to carry out other authorized internal functions of the Department. If
the Department has determined to initiate an investigation or litigate
a matter referred by EEOC the records pertaining to that matter are
not contained in the system. Such records and their routine uses are
described under the notice for the system named: Central CRT Index
File and Associated Records.
A record relating to this system, or any facts derived therefrom may
be disseminated in a proceeding before a court, grand jury,
administrative or regulatory proceeding or any other adjudicative body
before which CRT is authorized to appear, when the United States, or
any agency or subdivision therof, is a party to litigation or has an
interest in litigation and such records are determined by CRT to be
arguably relevant to the litigation. A record relating to this system
may be disseminated to an actual or potential party to litigation or
the party's attorney for the purpose of negotiation or discussion on
such matters as settlement of the case or matter, plea bargaining or
in formal or informal discovery proceedings.
A record may be accessed by volunteer student workers and students
working under a work-study program as is necessary to enable them to
perform their assigned duties.
Releases of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress: Information in the
system may be disclosed as is necessary to respond to inquiries by
Members of Congress on behalf of individual constituents that are
subjects of CRT records.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA):
A record from a system of records may be disclosed as a routine use to
NARA and GSA in records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information in the systems is stored on index cards, in file jackets,
and in computer disks which are maintained by the Employment
Litigation Section, Civil Rights Division. If the charge related to a
public educational agency or institution and was filed before
September 1977, such information may be maintained by the Educational
Opportunities Section, Civil Rights Division.
Retrievability:
Information is retrieved primarily by using the appropriate Department
of Justice file number, or the name of the charging party, or the
state in which the alleged discrimination occurred or through, other
logical queries to the computer based system.
Safeguards:
Information in manual and computer form is safeguarded and protected
in accordance with applicable Departmental security regulations for
systems of records. Only limited number of staff members who are
assigned a specific identification code will be able to use the
computer or to access the stored information.
Retention and disposal:
If the Department determines not to prosecute a matter referred by the
EEOC, the records transmitted with the referral are returned to the
EEOC. Other records in the system are kept for routine use by the
Department and when no longer needed are sent to the Federal Records
Center or are destroyed in accordance with records retention and
disposal schedules as established by NARA.
System manager(s) and address:
Assistant Attorney General, Civil Rights Division, U.S. Department of
Justice, Washington, DC 20530.
Notification procedure:
Same as the above.
Record access procedures:
A request for access to a record from this system shall be made in
writing with the envelope and letter clearly marked ``Privacy Access
Request.'' The request should indicate the state where the alleged
employment discrimination took place and the employer to which the
charge was related. The requester should also provide the full name of
the individual involved, his or her current address, date and place of
birth, notarized signature (28 CFR 16.41(b)), any other known
information which may be of assistance in locating the record, and a
return address for transmitting the information. Access requests will
be directed to the System Manager listed above.
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. Disclosure of part of the material in this system
may be prohibited by 42 U.S.C. 2000e-5(b), 42 U.S.C. 2000e-8(e) and 44
U.S.C. 3510(b). Part of this system is exempted from access and
contest under 5 U.S.C. 552a(k)(2).
Record source categories:
Source of information in this system are charging parties, information
complied and maintained by EEOC, and employees and officials of the
Department of Justice responsible for the disposition of the referral
request.
Systems exempted from certain provisions of the act:
The Attorney General has exempted the system from subsection 9d of the
Privacy Act pursuant to 5 U.S.C. 552(k)(2). Rules have been
promulgated in accordance with the requirements of 5 U.S.C. 553(b),
(c) and have been published in the Federal Register.
JUSTICE/CRT-008
System name: Files on Correspondence Relating to Civil Rights
Matters from Persons Outside the Department of Justice.
System location:
U.S. Department of Justice, Civil Rights Division (CRT), 10th and
Constitution Avenue NW, Washington, DC 20530.
Categories of individuals covered by the system:
Persons communicating in written form in person or by telephone,
including complaints, requests for information or action, or
expressions of opinion regarding civil rights matters.
Categories of records in the system:
The system contains original correspondence regarding civil rights
matters from persons, cover letters or notes from persons referring
original correspondence to the Department attorney or other employees
notes regarding the correspondence, and copies of CRT responses to the
original correspondence.
Authority for maintenance of the system:
This system of records is maintained pursuant to 44 U.S.C. 3101 and in
the ordinary course of fulfilling the responsibility assigned to CRT
under the provisions of 28 CFR 0.50.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The system is used by employees and officials of the Department to
respond to incoming correspondence, to compile statistics for use in
preparation budget requests, to insure proper disposition of incoming
mail, to determine the status and content of responses to
correspondence, to respond to inquiries from Division personnel,
Office of Legislative Affairs and Congressional offices regarding the
status of correspondence, and to carry out other authorized functions
of the Department.
A record relating to this system, or any facts derived therefrom, may
be disseminated in a proceeding before a court, grand jury,
administrative or regulatory proceeding or any other adjudicative body
before which CRT is authorized to appear, when the United States, or
any agency or subdivision thereof, is a party to litigation or has an
interest in litigation and such records are determined by CRT to be
arguably relevant to the litigation. A record relating to this system
may be disseminated to an actual or potential party to litigation or
the party's attorney for the purpose of negotiation or discussion on
such matters as settlement of the case or matter, plea bargaining or
in formal or informal discovery proceedings.
Information in the system regarding individual pieces of
correspondence may be provided to Members of Congress upon request in
instances where the Members making the request referred the
correspondence in question to the Department.
A record may be accessed by volunteer student workers and students
working under a work-study program as is necessary to enable them to
perform their assigned duties.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress: Information in the
system may be disclosed as is necessary to respond to inquiries by
Members of Congress on behalf of individual constituents that are
subjects of CRT records.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA):
A record from a system of records may be disclosed as a routine use to
NARA and GSA in records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records in the system are primarily index cards and original letters
of copies thereof.
The index cards and incoming letters are stored in filing cabinets in
locked offices, and on disks for automated office equipment;
correspondents' names, file numbers, the type of complaints, CRT
response to complainants or other corresponding persons, and records
of referrals are stored on magnetic cartridges for access by computer.
Retrievability:
Information may be retrieved through use of card index file system,
automated office equipment, or by logical queries to the computer
based system. The information on the index cards, on disks for
automated office equipment, and on the computer is organized into
indexes (1) arranged according to the name of citizens that
corresponded with the Department and (2) arranged to the name of
members of Congress or White House staff Members who have referred
correspondence to the Department.
Safeguards:
Information in the system is unclassified. Information in manual and
computer form is safeguarded and protected in accordance with
applicable Departmental security/regulations for systems of records.
Only a limited number of staff members who are assigned a specific
identification code will be able to use the computer or to access the
stored information. All records in the system are protected by locks
on the storage facility, computer, and by locks on the room that
contains the records.
Retention and disposal:
Records are disposed of in accordance with General Records Schedule
23, item 4.
System manager(s) and address:
Assistant Attorney General, Civil Rights Division, U.S. Department of
Justice, Washington, DC 20530.
Notification procedure:
Same as above.
Record access procedures:
A request for access to a record from this system shall be made in
writing, with the envelope and the letter clearly marked ``Privacy
Access request.'' The request should include the name of the
correspondent, his address or the name of the Member of Congress or
White House staff member who referred the correspondence to the
Department, if known, the Department of Justice file number, if known,
and the date of the correspondence. The requester will also provide a
return address for transmitting the information. Access requests will
be directly to the System Manager listed above.
Contesting record procedures:
Individuals desiring to contest or amendment 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.
Record source categories:
Sources of information contained in this system are the original
correspondents, person referring original correspondence to the
Department, and employees and officials of the Department responsible
for the disposition of the correspondence.
Systems exempted from certain provisions of the act:
None.
JUSTICE/CRT-009
System name: Civil Rights Division Travel Reports.
System location:
United States Department of Justice, Civil Rights Division (CRT), 10th
and Constitution Avenue NW, Washington, DC 20530.
Categories of individuals covered by the system:
All persons who have filed travel authorization forms or travel
voucher forms for official travel on behalf of CRT.
Categories of records in the system:
The system contains information concerning travel expenditures which
were recorded on travel authorization forms (Forms OBD-1 and DOJ-501)
and travel voucher forms (Forms OBD-157 and SF-1012) by CRT employees
or other persons authorized to travel for CRT and submitted to the
Budget and Finance Branch of CRT from fiscal Year 1972 to the present.
The computerized data covers fiscal years 1972 through 1981.
Authority for maintenance of the system:
The records in this system of records are kept under the authority of
44 U.S.C. 3101 and in the ordinary course of fulfilling the
responsibilities assigned to CRT under 28 CFR 0.50, 0.51.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The records in this system are used to make periodic and special
reports to the Administrative Management Section, CRT, and to the
Budget and Finance Branch, CRT, for use in controlling and reviewing
CRT expenditures. Copies of individual's reports may be disclosed to
the individual when appropriate forms are not submitted following a
return from travel status.
A record relating to this system, or any facts derived therefrom, may
be disseminated in a proceeding before a court, grand jury,
administrative or regulatory proceeding or any other adjudicative body
before which CRT is authorized to appear, when the United States, or
any agency or subdivision thereof, is a party to litigation or has an
interest in litigation and such records are determined by CRT to be
arguably relevant to the litigation. A record relating to this system
may be disseminated to an actual or potential party to litigation or
the party's attorney for the purpose of negotiation or discussion on
such matters as settlement of the case or matter, plea bargaining or
in formal or informal discovery proceedings.
A record may be accessed by volunteer student workers and students
working under a work-study program as is necessary to enable them to
perform their assigned duties.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress: Information in the
system may be disclosed as is necessary to respond to inquiries by
Members of Congress on behalf of individual constituents that are
subject to CRT records.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to NARA and GSA in records management inspections conducted under
the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records in the system are stored on magnetic tape and on computer
punch cards, on monthly and periodic and special reports printed on
computer. Individual vouchers and travel authorization forms are
stored in file jackets.
Retrievability:
Records in this system are retrieved by the names of those individuals
identified under the caption ``Categories of individuals covered by
the system.''
Safeguards:
Information in the system is unclassified. However, the records are
protected in accordance with applicable Department security
regulations for systems of records. Records are stored in locked
cabinets and access to the computer is limited to those personnel who
have a need for access to perform their official duties.
Retention and disposal:
Records are maintained on the system while current and required for
official Government use. When not longer needed on an active basis,
the records are transferred to computer tape and stored in accordance
with Departmental security regulations for systems of records. Final
disposition will be in accordance with records retirement or
destruction as scheduled by NARA.
System manager(s) and address:
Executive Officer, Administrative Management Section, Civil Rights
Division, United States Department of Justice, Washington, DC 20530.
Notification procedure:
Same as the above.
Record access procedures:
Requests by former employees for access to records in this system may
be made in writing with the envelope and letter clearly marked
``Privacy Act Request''. The request should clearly state the dates on
which official travel was taken. The requestor should also provide the
full name of the individual involved, his or her current address, date
and place of birth, notarized signature (28 CFR 16.41(b)), any other
known information which may be of assistance in locating the record,
and a return address for transmitting the information. Access requests
will be directed to the System Manager. Present employees may request
access by contacting the System Manager directly.
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
reason for contesting it, and the proposed amendment to the
information sought.
Record source categories:
Source of information are CRT employees and other authorized persons
who file travel authorization and travel voucher forms.
Systems exempted from certain provisions of the act:
None.
JUSTICE/CRT-010
System name: Freedom of Information: Privacy Acts Records.
System location:
U.S. Department of Justice, Civil Rights Division (CRT), 10th and
Constitution Avenue, NW, Washington, DC 20530 and Federal Records
Center, Suitland, Maryland 20409.
Categories of individuals covered by the system:
Persons who request disclosure of records pursuant to the Freedom of
Information Act; persons who request access to or correction of
records pertaining to themselves contained in CRT systems of records
pursuant to the Privacy Act; and where applicable, persons about whom
records have been requested or about whom information is contained in
requested records.
Categories of records in the system:
The system contains copies of all Freedom of Information/Privacy Acts
(FOI/PA) requests received by CRT since January 1, 1975, copies of CRT
responses to the requesters, internal memoranda and correspondence
related to the requests, copies of the documents responsive to the
requests, and records of appeals or litigation, and disclosure
accounting records.
Authority for maintenance of the system:
This system is established and maintained pursuant to 44 U.S.C. 3101
and is maintained to implement the provisions of 5 U.S.C. 552 and 552a
and the provisions of 28 CFR 16.1 et seq. and 28 CFR 16.40 et seq.
Purpose(s):
The FOI/PA Branch of CRT is the designated unit to receive, process
and respond to CRT FOI/PA requests. The purpose of the system is to
enable the unit to perform its various receipt and response functions.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
A record maintained in this system may be disseminated as a routine
use of such record as follows: (1) A record may be disseminated to a
Federal agency which furnished the record for the purpose of
permitting a decision as to access or correction to be made by that
agency, or for the purpose of consulting with that agency as to the
propriety of access or correction; (2) a record may be disseminated to
any appropriate Federal, State, local, or foreign agency for the
purpose of verifying the accuracy of information submitted by an
individual who has requested amendment or correction of records
contained in systems of records maintained by CRT; (3) A record may be
disseminated by volunteer student workers and students working under a
work-study program as is necessary to enable them be perform their
assigned duties; (4) a record relating to this system, or any facts
derived therefrom, may be disseminated in proceeding before a court,
grand jury, administrative or regulatory proceeding or any other
adjudicative body before which CRT is authorized to appear, when the
United States, or any agency or subdivision thereof, is a party to
litigation or has an interest in litigation and such records are
determined by CRT to be arguably relevant to the litigation; and (5) a
record relating to this system may be disseminated to an actual or
potential party to litigation or the party's attorney for the purpose
of negotiation or discussion on such matters as settlement of the case
or matter, plea bargaining or in formal or informal discovery
proceedings.
Release of Information to the News Media:
Information permitted to be released to the news media and the public
pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the Department of Justice 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.
Release of Information to Members of Congress:
Information in the system may be disclosed as is necessary to respond
to inquiries by Members of Congress on behalf of individual
constituents that are subjects of CRT records.
Release of Information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA):
A record from a system of records may be disclosed as a routine use to
NARA and GSA in records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
A record contained in this system is stored manually in alphabetical
order in file folders in a storage facility; abbreviated or summarized
information is stored on manual index cards; in chronological,
cumulative, notebooks; on disks in automated office equipment; and on
magnetic disks and tapes.
Retrievability:
A record is retrieved by the name of the individual or person making a
request for access or correction of records.
Summary data on requests received through 1986, and part of 1987, is
retrieved from the manual index cards, and from chronological
cumulative notebooks; summary data as of the 1987 implementation of
the computer system is retrieved from magnetic disks and tapes.
Summary data consists of such data elements as name of requester, date
and subject of request, response date, a summary of the response
letter, case number, and date appealed, if applicable.
Safeguards:
Access to records is limited to personnel of the FOI/PA Branch of CRT
and known Department of Justice personnel who have a need for the
record in the performance of their duties.
Records in manual and computer form are a safeguarded and protected in
accordance with applicable Department security regulations for systems
of records. Only a limited number of FOI/PA Branch staff who are
assigned specific identification codes will be able to use the
computer and to access the stored information. All records in the
system are protected by locks on the storage facility, the computer,
and the room that contains the records.
Retention and disposal:
Records are disposed of in accordance with General Records Schedule
14, items 16, 17, 18 and items 25, 26, 27 and 28.
System manager(s) and address:
Assistant Attorney General, Civil Rights Division, U.S. Department of
Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
Notification procedure:
Parts of this system are exempted from this requirement under 5 U.S.C.
552a(j)(2) or (k)(2). Address inquiries to the System Manager listed
above.
Record access procedures:
Parts of ths system are exempted from this requirement under 5 U.S.C.
552a(j)(2) or (k)(2). To the extent that this system of records is not
subject to exemption, it is subject to access and contest. A
determination as to exemption shall be made at this time a request for
access is received. A request for access to a record contained in this
system shall be made in writing, with the envelope and letter clearly
marked.
``Privacy Access Request''. Include in the request the name of the
individual involved, his birth date and place, or any other
information which is known and may be of assistance in locating the
record. The requester shall also provide a return address for
transmitting the information. Access requests should be directed to
the System Manager listed above.
Contesting record procedures:
Individuals desiring to contest or amend non-exempt 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.
Record source categories:
Sources of information contained in this system are the individuals
and persons making requests, the systems of records searched in the
process of responding to requests, and other agencies referring
requests for access to or correction of records originating in CRT.
Systems exempted from certain provisions of the act:
The Attorney General has exempted certain categories of records in the
system pursuant to the provisions of 5 U.S.C. 552a(j)(2) from
subsections (c)(3), (d), and (g) of 5 U.S.C. 552a; in addition,
certain categories of records are exempted pursuant to the provisions
of 5 U.S.C. 552a(k)(2) from subsection (c)(3), and (d) of 5 U.S.C.
552a. These exemptions apply only to the extent the records contained
in the system reflect ivestigatory law enforcement information. 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.
DEPARTMENT OF JUSTICE
DRUG ENFORCEMENT ADMINISTRATION
JUSTICE/DEA-001
System name: Air Intelligence Program.
System location:
Drug Enforcement Administration, 1405 Eye Street, NW, Washington, DC
20537. Also, field offices. See Appendix 1 for list of addresses.
Categories of individuals covered by the system:
(A) Aircraft Owners; (B) Licensed Pilots.
Categories of records in the system:
(A) FAA Civil Aircraft Registry; (B) FAA Aircraft Owners Registry; (C)
FAA Airman Directory; (D) Entries into NADDIS.
Authority for maintenance of the system:
The System is maintained to provide intelligence and law enforcement
activities pursuant to the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (Pub. L. 91-513) and Reorganization Plan No. 2 of
1973.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The system provides a research data base for identification of
aircraft, aircraft owners and pilots that are known or suspected of
involvement in illicit air transportation of narcotics. Information
developed from this system is provided to the following categories of
users for law enforcement purposes on a routine basis: (A) Other
Federal law enforcement agencies; (B) State and local law enforcement
agencies; (C) Foreign law enforcement agencies with whom DEA maintains
liaison.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice unless it is determined that release of the specific
information in the content of a particular case would constitute an
unwarranted invasion of personal privacy.
Release of information to Members of Congress: Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to the NARA and GSA in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Reference materials are maintained on microfiche. Information
developed from the reference materials is entered onto the NADDIS
magnetic tape.
Retrievability:
This system is indexed by name and identifying numbers.
Safeguards:
This system of records is maintained at DEA Headquarters which is
protected by twenty-four hour guard service and electronic
surveillance. Access to the building is restricted to DEA employees
and those persons transacting business within the building who are
escorted by DEA employees. Access to the system is restricted to
authorized DEA employees with appropriate clearance on a need-to-know
basis.
Retention and disposal:
Reference materials are retained until updated and then destroyed.
Entries into NADDIS are retained for twenty-five years.
System manager(s) and address:
Deputy Assistant Administrator, Office of Intelligence, Drug
Enforcement Administration, 1405 Eye Street, NW, Washington, DC 20537.
Notification procedure:
The reference materials in this system are matters of public record.
Information developed from this system and entered into the Narcotics
and Dangerous Drug Information System (NADDIS) has been exempted from
compliance with subsection (d) of the Act by the Attorney General.
Record access procedures:
Same as above.
Contesting record procedures:
Same as the above.
Record source categories:
Federal Aviation Administration.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c)(3)
and (4), (d), (e) (1), (2) and (3), (e)(4) (G), and (H), (e)(5) and
(8), (f), (g), (h) 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.
JUSTICE/DEA-003
System name: Automated Records and Consolidated Orders System/
Diversion Analysis and Detection System (ARCOS/DADS).
System location:
Drug Enforcement Administration, 1105 Eye Street, NW, Washington, DC
20537. Also field offices. See Appendix 1 for list of addresses.
Categories of individuals covered by the system:
Persons registered with DEA under the Comprehensive Drug Abuse
Prevention and Control Act of 1970 (Pub. L. 91-513).
Categories of records in the system:
The information contained in this system consists of individual
business transactions between levels of handlers of controlled
substances to provide an audit trail of all manufactured and/or
imported controlled substances to the dispensing level.
Authority for maintenance of the system:
This system of records is maintained pursuant to the reporting
requirements of the Comprehensive Drug Abuse Prevention and Control
Act of 1970 (21 U.S.C. 826(d)) and to enable the United States to
fulfill its treaty obligations under the Single Convention on Narcotic
Drugs and the Convention on Phychotropic Substances.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Information contained in this system is provided to the following
categories of users for the purposes stated: (A) Other Federal law
enforcement and regulatory agencies for law enforcement or regulatory
purposes; (B) State and local law enforcement and regulatory agencies
for law enforcement and regulatory purposes; (C) The International
Narcotics Control Board as required by treaty obligations.
The ARCOS/DADS system of records generates the following reports: (1)
Reports to the United Nations on Narcotics and Psychotropic
Substances; (2) Aggregate Individual Quota Allocation Supportive Data;
(3) Usage of Controlled Substances; (4) Controlled Substance Summary
by reporting Registrant; (5) Controlled Substance Summary by Location;
(6) Controlled Substance Usage & Inventory Summary--by Schedule; (7)
Discrepancy Notice Reports; (8) Discrepancy Error Analysis Report; (9)
Potential Diversion reports; (10) Incomplete Transfers; (11)
Unauthorized Purchases; (12) Excess Inventory & Purchases; (13) Order
Form Monitoring; (14) Improper Reporting of Partial Shipments; (15)
Discrepancies in Quantities; (16) Waste & Sampling of Controlled
Substances Beyond Limits; (17) Controlled Substances Used in
Manufacturing of Non-controlled Substances; (18) Controlled Substances
Used in Research; (19) Controlled Substances Sold to Government
Agencies; (20) Controlled Substances Destroyed; (21) Controlled
Substances Imported/Exported; (22) Quota Excess.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA). A record from a system of records may be disclosed as a routine
use to the NARA and GSA in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
All automated data files associated with ARCOS-DADS are maintained in
the Department of Justice Data Center and the Drug Enforcement
Administration Data Center.
Retrievability:
The system is indexed by name and identifying number. In addition a
number of telecommunication terminals have been added to the existing
network.
Safeguards:
The portion of the records maintained in DEA headquarters is protected
by twenty-four hour guard service and electronic surveillance. Access
to the building is restricted to DEA employees and those persons
transacting business within the building who are escorted by DEA
employees. Access to the system is restricted to ARCOS Unit employees
who have appropriate security clearances on a need to know basis.
Information that is retrievable by terminals requires user
identification numbers which are issued to authorized employees of the
Department of Justice.
Retention and disposal:
Input data received from registrants is maintained for 60 days for
backup purposes and then destroyed by shredding or electronic erasure.
ARCOS master inventory records are retained for eight consecutive
calendar quarters As the end of a new quarter is reached the oldest
quarter of data is purged from the record. ARCOS transaction history
will be retained for a maximum of five years and then destroyed.
System manager(s) and address:
Deputy Assistant Administrator, Office of Diversion Control, Drug
Enforcement Administration, 1405 Eye Street, NW, Washington, DC 20537.
Record access procedures:
Business forms and individuals registered with DEA under the
Comprehensive Drug Abuse Prevention and Control Act of 1970 (Pub. L.
91-513)
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c)(3),
(d) (e)(4)(G) and (H), (f) of the Privacy Act pursuant to 5 U.S.C.
552a(k). Rules have been promulgated in accordance with the
requirements of 5 U.S.C. 552a(k). Rules have been promulgated in
accordance with the requirements of 5 U.S.C. (b), (c) and (e) and have
been published in the Federal Register.
JUSTICE/DEA-004
System name: Congressional Correspondence File.
System location:
Drug Enforcement Administration, 1405 Eye Street NW, Washington, DC
20537. Also, field offices. See Appendix 1 for list of addresses.
Categories of individuals covered by the system:
Members of the United States Congress.
Categories of records in the system:
(A) Inquiries from Members of Congress; (B) Reply to Congressional
inquiries.
Authority for maintenance of the system:
5 U.S.C. 301.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
This system is maintained to provide a history of Congressional
inquiries. The information is not disseminated outside the Department
of Justice.
Release of information to the news media: Information permitted to be
released to the media and the public pursuant to 28 CFR 50.2 may be
made available from systems of records maintained by the Department of
Justice 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.
Release of information to Members of Congress Information contained in
systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to the NARA and GSA in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
The documents in this system are maintained in standard file folders.
Retrievability:
The system is indexed by the name of the Member of Congress.
Safeguards:
This system of records is maintained at DEA Headquarters which is
protected by twenty-four hour guard service and electronic
surveillance. Access to the building is restricted to DEA employees
and those persons transacting business within the building who are
escorted by DEA employees. In addition, the records are stored in bar
lock filing cabinets and access to the system is restricted to members
of the DEA Congressional Affairs Staff.
Retention and disposal:
These records are retained indefinitely.
System manager(s) and address:
Director, Congressional Affairs, Drug Enforcement Administration, 1405
Eye Street NW, Washington, DC 20537.
Notification procedure:
Inquiries should be addressed to Freedom of Information Section, Drug
Enforcement Administration, 1405 Eye Street NW, Washington, DC 20537.
Record access procedures:
Same as the above.
Contesting record procedures:
Same as the above.
Record source categories:
Members of Congress.
Systems exempted from certain provisions of the act:
None.
JUSTICE/DEA-005
System name: Controlled Substances Act Registration Records
(CSA).
System location:
Drug Enforcement Administration, 1405 Eye Street NW, Washington, DC
20537. Also, field offices. See Appendix 1 for list of addresses.
Categories of individuals covered by the system:
Records are maintained on the following categories of individuals
registered under the Controlled Substances Act including registrants
doing business under their individual name rather than a business
name: (A) Physicians and related practitioners; (B) Dentists; (C)
Veterinarians; (D) Persons conducting research with controlled
substances; (E) Importers of controlled substances; (F) Exporters of
controlled substances; (G) Manufacturers of controlled substances; (H)
Distributors of controlled substances; (I) Pharmacies.
Categories of records in the system:
The Controlled Substances Act Registration Records are maintained in a
manual system which contains the original of the application for
registration under 224, 224a, 225, 225a, 226, 227, 268, and 363a,
order forms (DEA-222's) and any correspondence concerning a particular
registrant. In addition, the same basic data is maintained in an
automated system for quick retrieval.
Authority for maintenance of the system:
The Drug Enforcement Administration is required under the
Comprehensive Drug Abuse Prevention and Control Act of 1970 (Pub. L.
91-513) to register all handlers of controlled substances.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The Controlled Substances Act Registration Records produce special
reports as required for statistical analytical purposes. Disclosures
of information from this system are made to the following categories
of users for the purposes stated: (A) Other Federal law enforcement
and regulatory agencies for law enforcement and regulatory purposes;
(B) State and local law enforcement and regulatory agencies for law
enforcement and regulatory purposes; (C) Persons registered under the
Controlled Substances Act (Pub. L. 91-513) for the purpose of
verifying the registration of customers and practitioners.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress: Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to the NARA and GSA in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
The automated portion of this system is maintained on magnetic tape
and the manual portion is by batch.
Retrievability:
The automated system is retrieved by name and registration number. The
manual portion is filed in batches by date the application was
processed. A microfiche system of the names by State is maintained for
quick reference purposes. In addition, a number of telecommunication
terminals have been added to the existing network.
Safeguards:
This system of records is maintained in DEA Headquarters which is
protected by twenty-four hour guard service and electronic
surveillance. Access to the building is restricted to DEA employees
and those persons transacting business within the building who are
escorted by DEA employees. Access to the system is restricted to DEA
personnel on a need-to-know basis. A specific computer program is
necessary to extract information. Information that is retrievable by
terminals requires user identification numbers which are issued to
authorized employees of the Department of Justice.
Retention and disposal:
Records in the manual portion of the system are retired to the Federal
Records Center after one year and destroyed after eight years. The
automated data is stored in the Department of Justice Computer Center
and destroyed after five years.
System manager(s) and address:
Deputy Assistant Administrator, Office of Diversion Control, Drug
Enforcement Administration, 1405 Eye Street NW, Washington, DC 20537.
Notification procedure:
Inquiries should be addressed to Freedom of Information Section, Drug
Enforcement Administration, 1405 Eye Street NW, Washington, DC 20537.
Inquiries should include inquirer's name, date of birth, and social
security number.
Record access procedures:
Same as the above.
Contesting record procedures:
Same as the above.
Record source categories:
Information contained in this system of records is obtained from: (A)
Registrants and applicants under the Controlled Substances Act (Pub.
L. 91-513); (B) DEA Investigators.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c)(3),
(d), (e)(4) (G) and (H), (f) of the Privacy Act pursuant to 5 U.S.C.
552a(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.
JUSTICE/DEA-006
System name: Freedom of Information/Privacy Act Records.
System location:
Freedom of Information Section, Drug Enforcement Administration, 1405
I Street, NW, Room 200, Washington, DC 20537.
Categories of individuals covered by the system:
Persons who request disclosure of records pursuant to the Freedom of
Information Act; persons who request access to or correction of
records pertaining to themselves contained in DEA's system of records
pursuant to the Privacy Act; and, where applicable, persons about whom
records have been requested or about whom information is contained in
requested records.
Categories of records in the system:
The system contains: (1) Copies of all correspondence and internal
memorandums related to the Freedom of Information Act and Privacy Act
request, and related records necessary to the processing of such
requests receive after January 1, 1975, (2) documents responsive to
Freedom of Information Act/Privacy Act requests that are contained in
other DEA systems of records, and (3) copies of all documents relevant
to appeals and lawsuits under the Freedom of Information Act and
Privacy Act.
Authority for maintenance of the system:
This system is established and is maintained pursuant to the authority
of the Comprehensive Drug Abuse Prevention and Control Act of 1970 and
Reorganization Plan No. 2 of 1973; and is maintained to implement the
provisions of 5 U.S.C. 552 and 552a and the provisions of 28 CFR 16.1
et seq. and 28 CFR 16.40 et seq.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
A record maintained in this system may be disseminated as a routine
use of such records as follows: (1) A record may be disseminated to a
Federal agency which furnished the record for the purpose of
permitting a decision as to access or correction to be made by that
agency, or for the purpose of consulting with that agency as to the
propriety of access or correction; (2) a record may be disseminated to
any appropriate Federal, State, local, or foreign agency for the
purpose of verifying the accuracy of information submitted by an
individual who has requested amendment or correction of records
contained in a system of records maintained by the Freedom of
Information Section.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to the NARA and GSA in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
The records in this system are maintained in standard case file
folders.
Retrievability:
A record is retrieved by the name of the individual or person making a
request for access or correction of records.
Safeguards:
This system of records is maintained at DEA Headquarters which is
protected by twenty-four hour guard service and electonic
surveillance. Access to the building is restricted to DEA employees
and those persons transacting business within the building who are
escorted by DEA employees. In addition, the system is stored in
Diebold combination vault and access is restricted to the staff of the
Freedom of Information Section, on a need-to-know basis.
Retention and disposal:
Currently there are no provisions for disposal of records contained in
this system. Destruction schedules will be developed as the system
requirements become known.
System manager(s) and address:
Chief, Freedom of Information Section, Drug Enforcement
Administration, 1405 I Street, NW, Room 200, Washington, DC 20537.
Notification procedure:
A part of this system is exempted from this requirement under 5 U.S.C.
552a (j) or (k). To the extent that this system of records is not
subject to exemption, it is subject to access and contest. A
determination as to exemption shall be made at the time a request is
received by the Drug Enforcement Administration, 1405 I Street,
Washington, DC 20537. A request shall be made in writing with the
envelope and the letter clearly marked ``Privacy Request''. Each
Privacy request shall contain the name of the individual involved, his
date and place of birth, and other verification of identity as
required by 28 CFR 16.41. Each requestor shall also provide a return
address for transmitting the information. Requests shall be directed
to the Chief, Freedom of Information Section, Drug Enforcement
Administration, 1405 Eye Street, NW, Washington, DC 20537.
Record access procedures:
Same as Notification Procedures above.
Contesting record procedures:
Same as Notification Procedures above except individuals desiring to
contest or amend information maintained in the system should direct
their written request to the System Manager listed above, and state
clearly and concisely what information is being contested, the reasons
for contesting it, and the proposed amendment to the information
sought.
Record source categories:
Sources of information contained in this system are the individuals
and persons making requests, the systems of records searched in the
processing responding to requests, and other agencies referring
requests for access to or correction of records originating in the
Drug Enforcement Administration.
Systems exempted from certain provisions of the act:
This system of records is exempted pursuant to the provisions of 5
U.S.C. 552a(j)(2) from subsections (c)(3) and (4), (d), (e)(1), (2)
and (3), (e)(4)(G) and (H), (e)(5) and (8), (f), (g) and (h) of 5
U.S.C. 552a; in addition, this system of records is exempted pursuant
to the provisions of 5 U.S.C. 552a(k)(1) and (k)(2) from subsections
(c)(3), (d), (e)(1), (e)(4)(G) and (H), and (f) of 5 U.S.C. 552a. This
system is exempted because the records contained in this system
reflect Drug Enforcement Administration law enforcement and
investigative information. Individual access to these records might
compromise ongoing investigations, reveal confidential informants or
constitute unwarranted invasions of the personal privacy of third
parties who are involved in a certain investigation. 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
JUSTICE/DEA-007
System name: International Intelligence Data Base.
System location: Drug Enforcement Administration, 1405 I Street NW,
Washington, DC 20537. Also, field offices. See Appendix 1 for list
of addresses.
Categories of individuals covered by the system: Known and suspected
drug traffickers.
Categories of records in the system: (A) Intelligence reports; (B)
Investigative reports; (C) Subject files.
Authority for maintenance of the system: This system is maintained for
law enforcement and intelligence purposes pursuant to the
Comprehensive Drug Abuse Prevention and Control Act of 1970,
Reorganization Plan No. 2 of 1973 and the Single Convention on
Narcotic Drugs.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: This system is maintained to
further criminal investigations through the collation, analysis and
dissemination of intelligence information. This system produces the
following reports: (a) Tactical, operational and strategic
intelligence reports; (b) Major organizational reports; (c) Network
analysis; (d) Trafficker profiles; (e) Intelligence briefs on prior
experience with individuals, firms, countries, etc.; (f) Country
profiles; (g) Country Intelligence Action Plans; (h) Current
Situational reports; (i) Special reports as requests; (j) Drug
patterns and trends and drug trafficking from source to U.S.
distributors.
In addition, information is provided to the following categories of
users for law enforcement purposes on a routine basis: (A) Other
Federal law enforcement agencies; (B) State and local law enforcement
agencies; (C) Foreign law enforcement agencies with whom DEA maintains
liaison; (D) U.S. Intelligence and Military Intelligence Agencies
involved in drug enforcement; (E) U.S. Department of State; (F)
Committees and working groups under the Strategy Council on Drug
Abuse.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress: Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of Information to the National Archives and Records
Administration: A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) in records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: These records are maintained in standard case files and on
index cards.
Retrievability: The system is indexed by name and subject category and
retrieved by use of a card file index.
Safeguards: This system of records is maintained at DEA Headquarters
which is protected by twenty-four hour guard service and electronic
surveillance. Access to the building is restricted to DEA employees
and those persons transacting business within the building who are
escorted by DEA employees. In addition, all records contained in
this system are stored in GSA approved security containers. Access
to the System is restricted to authorized DEA personnel with Secret
Clearance or above.
Retention and disposal: The records contained in this system are
currently retained for an indefinite period.
System manager(s) and address: Assistant Administrator for Intelligence,
Drug Enforcement Administration, 1405 I Street NW, Washington, DC
20537.
Notification procedure: Inquiries should be addressed to Freedom of
Information Unit, Drug Enforcement Administration, 1405 I Street NW,
Washington, DC 20537. Inquiries should include inquirer's name, date
of birth, and social security number.
Record access procedures: Same as Notification Procedure.
Contesting record procedures: Same as Notification Procedure.
Record source categories: (A) Other Federal Agencies; (B) State and
local law enforcement agencies; (C) Foreign law enforcement
agencies; (D) Confidential informants.
Systems exempted from certain provisions of the act: The Attorney
General has exempted this system from subsections (c)(3) and (4),
(d), (e)(1), (2) and (3), (e)(4)(G), (H), (e)(5) and (8), (f), (g),
and (h) 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.
JUSTICE/DEA-008
System name:
Investigative Reporting and Filing System, Justice/DEA-008.
System location:
Drug Enforcement Administration; 700 Army Navy Drive, Arlington, VA
22202; and field offices. For field office addresses, see appendix
identified as ``DEA Appendix--List of Record Location Addresses,
Justice/DEA-999.''
Categories of individuals covered by the system:
A. Drug offenders
B. Alleged drug offenders; and
C. Persons suspected of drug offenses.
D. Defendants.
Such individuals may include individuals registered with DEA and
responsible for the handling, dispensing, or manufacturing of
controlled substances under the Comprehensive Drug Abuse Prevention
and Control Act of 1970.
Categories of records in the system:
Subpart A:
Subpart A is (1) a manual index (which serves as a backup to the
automated index described in subpart B) and (2) paper case file
records consisting of: Criminal Investigative Files; Regulatory Audit
and Investigatory Files; and General Investigative Files. These files
may include investigative and confidential informant reports and all
documented findings and investigative ``lead'' information relative to
preregistrant inspections, investigations, targeted conspiracies, and
trafficking situations, etc. The reports pertain to the full range of
DEA criminal drug enforcement and regulatory investigative functions
that emanate from the Comprehensive Drug Prevention and Control Act of
1970.
For example, records in the Criminal Investigative Case Files may
include a systematic gathering of information targeted on an
individual or group of individuals operating in illegal drugs either
in the United States or internationally; reports on individuals
suspected or convicted of narcotics violations; reports of arrests;
information on drug possession, sales, and purchases by such
individuals; and information on the transport of such drugs, either
inside the United States or internationally, by such individuals.
Records in the Regulatory Audit and Investigatory Files may include
similar investigative reports regarding those individuals specifically
identified under item C. of the ``Categories of Individuals Covered by
the System.'' Records in the General Investigative Files may generally
include fragmentary or low priority information on an individual which
is not significant enough to open a case file.
Subpart B:
Subpart B is an automated index containing limited, summary-type data
which are extracted from and which point to the case files described
in subpart A above. Examples of such data include: Record number;
subject name (person, business, vessel), aliases and soundex; personal
data; (occupation(s), race, sex, date and place of birth, height,
weight, hair color, eye color, citizenship, nationality/ethnicity,
alien status); special considerations (fugitive, armed/dangerous);
resident and criminal address (business and personal); miscellaneous
numbers (telephone, passport, drivers license, vehicles registration,
social security number, etc.); relevant case file numbers, with
indicators for active investigations; date/stamp (event) data.
(Subpart B will contain no classified information.)
Authority for maintenance of the system:
This system is established and maintained to enable DEA to carry out
its assigned law enforcement and criminal regulatory functions under
the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Pub.
L. 91-513), Reorganization Plan No. 2 of 1973, and Title 21 United
States Code; and to fulfill United States obligations under the Single
Convention on Narcotic Drugs.
Purpose(s):
The records in this system have been compiled for the purpose of
identifying, apprehending, and prosecuting individuals connected in
any way with the illegal manufacture, distribution, or use of drugs.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Relevant records or any relevant facts derived therefrom may be
disclosed to:
(1) Other Federal, State, local, and foreign law enforcement and
regulatory agencies, and components thereof, to support their role in
the detection and monitoring of the distribution of illegal drugs in
the United States or such other roles in support of counterdrug law
enforcement as may be permitted by law; direct, electronic, ``read
only'' access by Federal law enforcement agencies only to subpart B of
this system of records may be permitted to enable these agencies to:
(i) Identify DEA law enforcement information or activities which may
be relevant to their law enforcement responsibilities and, where such
information or activities is identified, request access to the
underlying case files records described in subpart A, and (ii) ensure
appropriate coordination of such activities with DEA; (2) Other
Federal, State, local, and foreign law enforcement and regulatory
agencies, and components thereof, to the extent necessary to elicit
information pertinent to counter-drug law enforcement; (3) Foreign law
enforcement agencies through the Department of State (with whom DEA
maintains liaison), and agencies of the U.S. foreign intelligence
community to further the efforts of those agencies with respect to the
national security and foreign affairs aspects of international drug
trafficking; (4) individuals and organizations in the course of
investigations to the extent necessary to elicit information about
suspected or known illegal drug violators; (5) Federal and state
regulatory agencies responsible for the licensing or certification of
individuals in the fields of pharmacy and medicine to assist them in
carrying out such licensing or certification functions; (6) any person
or entity to the extent necessary to prevent an imminent or potential
crime which directly threatens loss of life or serious bodily injury;
(7) 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; (8) a Member of Congress or staff acting upon 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;
(9) 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; and (10) to a court or
adjudicative body before which DEA 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 DEA to be arguably
relevant to the litigation: (i) DEA, or any subdivision thereof, or
(ii) any employee of DEA in his or her official capacity, or (iii) any
employee of DEA in his or her individual capacity where the Department
of Justice has agreed to represent the employee, or (iv) the United
States, where DEA determines that the litigation is likely to affect
it or any of its subdivisions.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records described in subpart A of the ``Categories of Records in the
System'' are maintained on standard index cards and in standard file
folders at DEA Headquarters and field offices. Records described in
subpart B are stored on a computer database at the DEA and on a
mainframe at the Department of Justice Computer Center.
Retrievability:
Information will be retrieved by accessing either the manual or
automated index by name and by cross-referencing the name with a
number assigned to the case file. In addition to other Federal law
enforcement agencies (reference routine use a. above), the law
enforcement components of the Department of Justice may have direct,
electronic, ``read only'' access (under subsection (b)(1) of the
Privacy Act) to subpart B of the ``Categories of Records in the
System/'' These data will assist DOJ law enforcement components in
identifying whether there may be detailed records which reside in
subpart A of this system of records that may be relevant to their law
enforcement responsibilities. Where such records are identified, DOJ
law enforcement components may request access.
Safeguards:
Access is limited to designated employees with a need-to-know. All
records are stored in a secure area of a secure building. In addition
to controlled access to the building, the areas where records are kept
are either attended by responsible DEA employees, guarded by security
guard, and/or protected by electronic surveillance and/or alarm
systems, as appropriated. In addition, paper records, including the
manual index, are in locked files during off-duty hours and
unauthorized access to the automated index is also prevented through
state-of-the-art technology such as encryption and multiple user ID's
and passwords.
Retention and disposal:
Paper records will be transferred to the Washington National Records
Center 10 years after date of last entry; and destroyed 25 years after
date of last entry. The related index will be deleted 25 years after
date of last entry. Approval pending DEA records management and the
NARA.
System manager(s) and address:
Assistant Administrator, Operations Division, Drug Enforcement
Administration, Freedom of Information Section, Washington, DC 20537.
Notification procedure:
Inquiries should be addressed to: Drug Enforcement Administration,
Freedom of Information Section, Washington, DC 20537.
Record access procedure:
Same as above.
Contesting records procedure:
Same as above.
Record source categories:
(a) DEA personnel, (b) Confidential informants, witnesses and other
cooperating individuals, (c) Suspects and defendants, (d) Federal,
State and local law enforcement and regulatory agencies, (e) foreign
law enforcement agencies, (f) business records by subpoena, and (g)
drug and chemical companies.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c)(3)
and (4), (d), (e)(1), (2) and (3), (e)(5) and (8), and (g) of the
Privacy Act pursuant to 5 U.S.C. 552a (j)(2). In addition, the system
has been exempted from subsections (c)(3), (d), and (e)(1), pursuant
to subsection (k)(1). 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.
JUSTICE/DEA-009
System name: Medical Records.
System location:
Drug Enforcement Administration; 1405 Eye Street NW, Washington, DC
20537. Also, field offices. See Appendix 1 for list of addresses.
Categories of individuals covered by the system:
(A) DEA employees; (B) Cooperating individuals;
Categories of records in the system:
(A) Annual physical examinations; (B) Reports of disease or injury
pertaining to DEA Special Agents and Chemists; (C) Reports of job
related injury or illness for employees and cooperating individuals;
(D) Pre-employment physical examination of DEA Special Agents and
Investigators; (E) Physical examination reports of non-federal police
personnel applying to attend the National Training Institute.
Authority for maintenance of the system:
These records are maintained to establish and maintain an effective
and comprehensive health program for employees pursuant to 5 U.S.C.
7901, 29 U.S.C. 655 and Executive Order 11807 of September 28, 1974.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These records are maintained for internal DEA use. The only disclosure
outside the agency would be to a physician when authorized by the
subject.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from system of records maintained by the Department
of Justice unless it is determined that release of the specific
information in the context of a particular case would constitute an
unwarranted invasion of personnel privacy.
Release of information to Members of Congress: Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to the NARA and GSA in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
The records are maintained in standard file folders.
Retrievability:
Records are retrieved by name.
Safeguards:
This system of records is maintained at DEA Headquarters which is
protected by twenty-four hour guard service and electronic
surveillance. Access to the building is restricted to DEA employees
and those persons transacting business within the building who are
escorted by DEA employees. In addition, the records are stored in file
safes in an alarmed, controlled access area. Access to the system is
limited to employees of the medical office on a need-to-know basis.
Retention and disposal:
These records are retained indefinitely.
System manager(s) and address:
Medical Administration, Drug Enforcement Administration, 1405 Eye
Street NW, Washington, DC 20537.
Notification procedure:
Inquiries should be addressed to Freedom of Information Section, Drug
Enforcement Administration, 1405 Eye Street NW, Washington, DC 20537.
Inquiries should contain the following information: Name; Date and
Place of Birth; Dates of Employment with DEA; Employee number.
Record access procedures:
Same as the above.
Contesting record procedures:
Same as above.
Record source categories:
Individuals on whom records are maintained; Employees of Medical
Office.
Systems exempted from certain provisions of the act:
None.
JUSTICE/DEA-010
System name: Planning and Inspection Division Records.
System location:
Drug Enforcement Administration, 1405 I Street, NW, Washington, DC
20537. Also, field offices. See Appendix I for list of addresses.
Categories of individuals covered by the system:
(A) DEA employees, past and present; (B) Applicants for employment
with DEA; (C) Drug offenders, alleged drug offenders, and persons
suspected of drug offenses; (D) Offenders, alleged offenders, and
persons suspected of committing Federal and state crimes broadly
characterized as corruption or integrity offenses; (E) Confidential
informants; (F) Witnesses; (G) Nonimplicated persons with pertinent
knowledge of circumstances or aspects with pertinent knowledge of
circumstances or aspects of a case or suspect. These are pertinent
references of fact developed by personal interview or third party
interview and are recorded as a matter for which a probable need will
exist.
Categories of records in the system:
(A) Investigative reports with supporting memoranda and work papers
relating to investigations of individuals and situations. (B) General
files which include, among other things, supporting memoranda and work
papers and miscellaneous memoranda relating to investigations of and
the purported existence of situations and allegations about
individuals. (C) Audit and inspection reports of inspections of DEA
offices, personnel, and situations.
Authority for maintenance of the system:
Reorganization Plan No. 1 of 1968 and 5 U.S.C. 301.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Information contained in this system is provided to the following
categories of users as a matter or routine uses for law enforcement
and regulatory purposes: A. Other Federal law enforcement and
regulatory agencies; B. State and local law enforcement and regulatory
agencies; C. Foreign law enforcement agencies with whom DEA maintains
liaison; D. The Department of State; E. The Department of Defense and
Military Departments; F. U.S. Intelligence agencies concerned with
drug enforcement; G. The United Nations; H. Interpol; I. To
individuals and organizations in the course of investigations to
elicit information.
In addition, disclosures are routinely made to the following
categories for the purposes stated: A. To Federal agencies for
national security clearance purposes and to Federal and state
regulatory agencies responsible for the licensing or certification of
individuals in the fields of pharmacy and medicine; B. To the Office
of Management and Budget upon request in order to justify the
allocations of resources; C. To state and local prosecutors for
assistance in preparing cases concerning criminal and regulatory
matters; D. To the news media for public information purposes; E. To
Federal, State and local governmental agencies who are conducting
suitability for employment investigations on current or prospective
employees.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA): A record from a system of records may be disclosed as routine
use to the NARA and GSA in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Manual records are maintained in standard investigation folders.
Automated records are maintained on magnetic disks.
Retrievability:
Access to manual records can be accomplished by the use of a card
index maintained alphabetically by employee name. Access to the
automated system is achieved by reference to personal identifiers,
other data elements or any combination thereof.
Safeguards:
These records are maintained at DEA Headquarters which is protected by
twenty-four hour guard service and electronic surveillance. Access to
the building is restricted to DEA employees and those persons
transacting business within the building who are escorted by DEA
employees. Access to the system is restricted to employees of the
Office of Internal Security and upper level management officials. The
records are stored in a vault protected by alarm and cipher locks.
Access to the system will be on a strict need-to-know basis.
Retention and disposal:
Case files are destroyed after five years unless the Office of
Internal Security of the Chief Counsel determines that these files are
required for potential or ongoing litigation. This determination will
be subject to annual review. General files and audit files shall be
retained as long as the subject is employed at DEA and for two years
after termination.
System manager(s) and address:
Security Programs Manager, Drug Enforcement Administration, 1405 I
Street NW, Washington, DC 20537.
Notification procedure:
Inquiries should be addressed to Freedom of Information Section, Drug
Enforcement Administration, 1405 I Street NW, Washington, DC 20537.
Record access procedures:
Same as above.
Contesting record procedures:
Same as above.
Record source categories:
(A) DEA Investigations; (B) Federal, State and local law enforcement
agencies; (C) Cooperating individuals.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c),
(3) and (4), (d), (e) (1), (2) and (3), (e)(4) (G), (H) (e) (5) and
(8), (f), (g), (h) 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.
JUSTICE/DEA-011
System name: Operations Files.
System Location: Drug Enforcement Administration, 1405 Eye Street, NW,
Washington, DC 20537. Also, field offices. See Appendix 1 for list
of addresses.
Categories of individuals covered by the system:
(A) Cooperating Individuals; (B) Confidential Informants.
Categories of records in the system:
(A) Biographic and background information; (B) Official Contact
Reports; (C) Intelligence Reports (DEA-6).
Authority for maintenance of the system:
This system of records is maintained to assist in intelligence
operations pursuant to the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (Pub. L. 91-513) and Reorganization Plan No. 2 of
1973.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
This system is used to keep a history of intelligence operations
against narcotics traffickers and their support networks. Information
contained in this system is provided to the following categories of
users for law enforcement purposes on a routine basis: (A) Other
Federal law enforcement agencies; (B) State and local law enforcement
agencies; (C) Foreign law enforcement agencies with whom DEA maintains
liaison; (D) United States Intelligence and Military Intelligence
agencies involved in durg enforcement; (E) The United States
Department of State.
Release of information to the news media. Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to the NARA and GSA in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
These records are maintained in standard case files.
Retrievability:
These files are retrieved manually by subject matter category and
coded identification number.
Safeguards:
This system of records is maintained at DEA Headquarters which is
protected by twenty-four hour guard service and electronic
surveillance. Access to the building is restricted to DEA employees
and those persons transacting business within the building who are
escorted by DEA employees. In addition, all files are stored in GSA
approved security containers approved for Secret material and treated
as if they carried a Secret classification whether classified or not.
Access to the files is restricted to authorized DEA employees with Top
Secret clearances on a limited need-to-know basis.
Retention and disposal:
These records are retained indefinitely.
System manager(s) and address:
Deputy Assistant Administrator, Office of Intelligence, Drug
Enforcement Administration, 1405 Eye Street NW, Washington, DC 20537.
Notification procedure:
Inquiries should be addressed to Freedom of Information Section, Drug
Enforcement Administration, 1405 I Street NW, Washington, DC 20537.
Record access procedures:
Same as above.
Contesting record procedures:
Same as above.
Record source categories:
(A) DEA Reports; (B) Reports of federal, state and local agencies; (C)
Reports of foreign agencies with whom DEA maintains liaison.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c)(3)
and (4), (d), (e)(1), (2) and (3), (e)(4)(G), (H), (e)(5) and (8),
(f), (g), (h) 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.
JUSTICE/DEA-012
System name: Registration Status/Investigation Records.
System location:
Drug Enforcement Administration, 1405 Eye Street NW, Washington, DC
20537. Also, field offices. See Appendix 1 for list of addresses.
Categories of individuals covered by the system:
Individuals who have a Controlled Substances Act registration number
under their personal name who have had some action taken against their
license or registration.
Categories of records in the system:
(A) DEA reports of investigation; (B) Information received from state
regulatory agencies.
Authority for maintenance of the system:
This system of records is maintained to enable the Drug Enforcement
Administration to perform its regulatory functions under the
Comprehensive Drug Abuse Prevention and Control Act of 1970.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Information contained in this system of records is provided for law
enforcement and regulatory purposes to the following categories of
users on a routine basis: (A) Other federal law enforcement and
regulatory agencies; (B) State and local law enforcement and
regulatory agencies; (C) To respondents and their attorneys for
purposes of discovery, formal and informal, in the course of an
adjudicatory, rulemaking, or other hearing held pursuant to the
Controlled Substances Act of 1970.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of Information to Members of Congress. Information contained
in systems or records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to the NARA and GSA in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
These records are maintained in standard case file folders.
Retrievability:
This system is indexed by name of registrant.
Safeguards:
This system of records is maintained in DEA Headquarters which is
protected by 24-hour guard service and electronic surveillance. Access
to the building is restricted to DEA employees and those persons
transacting business within the building who are escorted by DEA
employees. Access to the system is restricted to authorized employees
of the Diversion Operation Section on a need-to-know basis.
Retention and disposal:
These records are retained as long as there is a need for the file.
These are working files and may be destroyed when no longer required
or merged into the Investigative Case File and Reporting System.
System manager(s) and address:
Deputy Assistant Administrator, Office of Diversion Control, Drug
Enforcement Administration; 1405 Eye Street, NW, Washington, DC 20537.
Notification procedure:
Inquiries should be addressed to: Freedom of Information Section, Drug
Enforcement Administration, 1405 I Street, NW, Washington, DC 20537.
Record access procedures:
Same as above.
Contesting record procedures:
Same as above.
Record source categories:
(A) DEA Investigators: (B) State and local regulatory agencies.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c)(3),
(d), (e)(4)(G) and (H), (f) of the Privacy Act pursuant to 5 U.S.C.
552a(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.
JUSTICE/DEA-013
System name: Security Files.
System location:
Drug Enforcement Administration, 1405 Eye Street, NW, Washington, DC
20537. Also, field offices. See Appendix 1 for list of addresses.
Categories of individuals covered by the system:
(A) DEA personnel; (B) Cooperating individuals and informants; (C)
Drug traffickers and suspected drug traffickers; (D) Individuals who
might discover DEA investigations or undercover operations by chance.
Categories of records in the system:
This system of records contains reports concerning the categories of
individuals stated above.
Authority for maintenance of the system:
This system of records is maintained to identify and correct security
problems in the area of intelligence operations and installations
pursuant to the Comprehensive Drug Abuse Prevention and Control Act of
1970 (Pub. L. 91-513) and Reorganization Plan No. 2 of 1973.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
This system is utilized to generate reports on security problems in
the area of intelligence operations and installations. In addition,
information is provided to the following categories of users for law
enforcement purposes on a routine basis: (A) Other federal law
enforcement agencies; (B) State and local law enforcement agencies;
(C) Foreign law enforcement agencies with whom DEA maintains liaison.
Release of information on the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to the NARA and GSA in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
These records are maintained in standard case folders.
Retrievability:
The information in this system is retrieved by subject matter category
or by coded identification number.
Safeguards:
This system of records is maintained at DEA Headquarters which is
protected by twenty-four hour guard service and electronic
surveillance. Access to the building is restricted to DEA employees
and those persons transacting business within the building who are
escorted by DEA employees. In addition, these records are stored in
GSA approved security containers authorized for Secret material.
Access to the system is restricted to authorized DEA personnel who
have Top Secret Clearances on a limited need-to-know basis.
Retention and disposal:
Records in this system are retained as long as the individual remains
active and then destroyed or retired to the Federal Records Center.
System manager(s) and address:
Deputy Assistant Administrator, Office of Intelligence, Drug
Enforcement Administration, 1405 Eye Street, NW, Washington, DC 20537.
Notification procedure:
Inquiries should be addressed to: Freedom of Information Section Drug
Enforcement Administration, 1405 I Street, NW, Washington, DC 20537.
Record access procedures:
Same as above.
Contesting record procedures:
Same as above.
Record source categories:
(A) DEA Reports; (B) Reports of federal, state and local agencies.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c)(3)
and (4), (d), (e)(1), (2) and (3), (e)(4)(G), (H), (e)(5) and (8),
(f), (g), (h) 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.
JUSTICE/DEA-014
System name: System to Retrieve Information from Drug Evidence
(STRIDE/Ballistics).
System location:
Drug Enforcement Administration, 1405 Eye Street, NW, Washington, DC
20537. Also, field office. See Appendix 1 for list of addresses.
Categories of individuals covered by the system:
Defendants and suspected violators.
Categories of records in the system:
Ballistics report.
Authority for maintenance of the system:
This system is maintained to provide drug intelligence for law
enforcement purposes pursuant to the Comprehensive Drug Abuse
Prevention and Control Act of 1970 and Reorganization Plan No. 2 of
1973.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Information from this system is provided to the following categories
of users for law enforcement purposes on a routine basis: (A) Other
federal law enforcement agencies; (B) State and local law enforcement
agencies; (C) Foreign law enforcement agencies with whom DEA maintains
liaison.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress information contained in
systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to the NARA and GSA in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
The information is stored on magnetic tape.
Retrievability:
The system is indexed by case number and exhibit number. The
information can be retrieved by name of DEA case number and exhibit
number. In addition, a number of telecommunication terminals have been
added to the existing network.
Safeguards:
This system of records is maintained at DEA, headquarters which is
protected by twenty-four hour guard service and electronic
surveillance. Access to the building is restricted to DEA employees
and those persons transacting business within the building who are
escorted by DEA employees. Access to the system is restricted to
authorized DEA employees with appropriate clearance on a need-to-know
basis. Information that is retrievable by terminals requires user
identification numbers which are issued to authorized employees of the
Department of Justice.
Retention and disposal:
The information contained in this system is retained indefinitely.
System manager(s) and address:
Chief, Forensic Sciences Section, Drug Enforcement Administration;
1405 Eye Street, NW, Washington, DC 20537.
Notification procedure:
Inquiries should be addressed to: Freedom of Information Section, Drug
Enforcement Administration, 1405 I Street, NW, Washington, DC 20537.
Record access procedures:
Same as above.
Contesting record procedures:
Same as above.
Record source categories:
DEA Reports: Scientific Analysis.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c)(3)
and (4), (d), (e)(1), (2) and (3), (e)(4)(G), (H), (e)(5) and (8),
(f), (g), (h) of the Privacy Act pursuant to 5 U.S.C. 552a (j). Rules
have been promulgated in accordance with the requirements of 5 U.S.C.
553 (b), (c) and (e) and been published in the Federal Register.
JUSTICE/DEA-015
System name: Training Files.
System location:
Drug Enforcement Administration, 1405 I Street, NW, Washington, DC
20537 and DEA Office of Training, Federal Law Enforcement Training
Center, Glynco, Georgia 31524.
Categories of individuals covered by the system:
Individuals who have attended training programs sponsored by the Drug
Enforcement Administrative Office of Training.
Categories of records in the system:
(A) Students names; (B) Dates and locations of schools; (C) Class
average and individual student grades; (D) Locations of student's
employers; (E) Number of years experience in general law enforcement
and drug law enforcement; (F) Classification of student's employers by
state, local, county, or Federal; (G) Type of school attended; (H)
Class rosters; (I) Biographic data; (J) Evaluation reports; (K)
Application and attendance records.
Authority for maintenance of the system:
This system is maintained to provide educational and training programs
on drug abuse and controlled substances law enforcement pursuant to
the Comprehensive Drug Abuse Prevention and Control Act of 1970.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
This system is maintained to assist in performing the administrative
functions of the Office of Training and is used to prepare class
directories, class rosters, program evaluation reports and statistical
reports. In addition, information from this system is provided to
Federal, state and local law enforcement and regulatory agencies
employing former students and biographical data may be provided to
students and former students in the form of class rosters and alumni
publications.
Release of information to the news media: Information permitted to be
released to the news media and the public may be made available from
systems of records maintained by the Department of Justice 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.
Release of information of Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to the NARA and GSA in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
The manual records in this system are maintained on index cards and in
file folders and the automated portion is maintained on magnetic
tapes.
Retrievability:
Data may be retrieved by the student's last name, school location
code, or by beginning course dates.
Safeguards:
Those records maintained at DEA Headquarters are protected by twenty-
four hour guard service and electronic surveillance. Access to the
building is restricted to DEA employees and those persons transacting
business within the building who are escorted by DEA employees. In
addition, access to file is limited to Office of Training personnel on
a need-to-know basis. Those records maintained at the Drug Enforcement
Administration, Office of Training, FBI Academy Quantico, Virginia.
Access to file is restricted to DEA personnel on a need-to-know basis.
Retention and disposal:
Records in this system are currently maintained indefinitely.
System manager(s) and address:
Deputy Assistant Administrator, Office of Training, Drug Enforcement
Administration FBI Academy.
Notification procedure:
Inquiries should be addressed to: Freedom of Information Section, Drug
Enforcement Administration, 1405 Eye Street NW, Washington, DC 20537.
Inquiries should contain name; date and place of birth; and dates of
attendance at courses sponsored by the Office of Training.
Record access procedures:
Same as above.
Contesting record procedures:
Same as above.
Record source categories:
(A) Students: (B) Instructors.
Systems exempted from certain provisions of the act:
None.
JUSTICE/DEA-016
System name: Drug Enforcement Administration Accounting System
(DEAAS II).
System location:
Drug Enforcement Administration, 1405 Eye Street NW, Washington, DC
20537. Also field offices. See Appendix 1 for list of addresses.
Categories of individuals covered by the system:
All individuals who submit vouchers requesting payment for goods or
services rendered, except payroll vouchers for DEA employees. These
include vendors, contractors, experts, witnesses, court reporters,
travelers, relocated employees, etc.
Categories of records in the system:
All vouchers paid except payroll vouchers for DEA employees. In
addition all advance of funds issued to DEA travelers.
Authority for maintenance of the system:
The system is established and maintained in accordance with the Budget
and Accounting Procedures Act of 1950 as amended, 31 U.S.C. 66 and
U.S.C. 200(a).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
After payment of the vouchers, the accounting data is used for the
purpose of internal management reporting and external reporting to
agencies such as OMB, U.S. Treasury, and the GAO.
Release of information to the News Media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of Information to Members of Congess: Information contained in
systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of Information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to the NARA and GSA in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Manual voucher files are maintained alphabetically by payee's name.
Travel advance information and other budget and accounting data are
maintained by an online computerized file. Information on travel
advances is stored by employee identification number, other budget and
accounting data is maintained by obligation number or other program
identifier.
Retrievability:
Information from manual voucher files is retrieved by using the name
of the payee. Travel advance information is retrieved by employee
identification number; other budget and accounting data is retrieved
by obligation number or other program identifier.
Safeguards:
Information contained in the system is unclassified. It is safeguarded
in accordance with organizational rules and procedures. Access to
manual voucher files is restricted to employees on a need to know
basis. Information that is retrievable by terminals can be retrieved
only by authorized employees of the Department of Justice who have
been issued user identification numbers.
Retention and disposal:
The payment documents are retained at this location for three fiscal
years (current and two prior years). The records are then shipped to a
Federal Records Center for storage in accordance with the General
Record Schedule published by the General Services Administration. In
the computerized file for travel advances, only the last two
transactions in any particular account are retained in the file. Old
transactions are automatically purged as new transactions are entered.
System manager(s) and address:
Deputy Assistant Administrator, Office of Administration, Drug
Enforcement Administration, 1405 Eye Street NW, Washington, DC 20537.
Notification procedure:
Inquiries should be addressed to Freedom of Information Section, Drug
Enforcement Administration, 1405 Eye Street NW, Washington, DC 20537.
Record access procedures:
Same as ``Notification Procedure'' above.
Contesting record procedures:
Same as ``Notification Procedure'' above.
Record source categories:
Submitted by the payee involved.
Systems exempted from certain provisions of the act:
None.
JUSTICE/DEA-017
System name: Grants of Confidentiality Files (GCF).
System location:
Drug Enforcement Administration, 1405 Eye Street, NW, Washington, DC
20537.
Categories of individuals covered by the system:
Applicants for grants of confidentiality.
Categories of records in the system:
(A) Requests for and actual Grants of Confidentiality; (B)
Correspondence relating to above; (C) Documents relating to
investigations of said applicants.
Authority for maintenance of the system:
Pursuant to 21 U.S.C. 872 of the Comprehensive Drug Abuse Prevention
and Control Act of 1970.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Information in these records are utilized for the purpose of
investigating applicants prior to the granting of confidentiality. In
the course of such investigations, information may be disseminated to
state and local law enforcement and regulatory agencies to other
federal law enforcement and regulatory agencies.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to the NARA and GSA in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
These records are maintained on standard case folders.
Retrievability:
The information in this system is retrieved by name of grantee.
Safeguards:
This systems of records is maintained at DEA Headquarters which is
protected by twenty-four hour guard service and electronic
surveillance. Access to the building is restricted to DEA employees
and those persons transacting business within the building who are
escorted by DEA employees. In addition, the records are stored in bar
lock filing cabinets and access to the system is restricted to members
of the DEA employees on a ``need to know basis.''
Retention and disposal:
Records in this system are retained indefinitely.
System manager(s) and address:
Chief Counsel, Drug Enforcement Administration, 1405 Eye Street, NW,
Washington, DC 20537.
Notification procedure:
Inquiries should be addressed to: Freedom of Information Section, Drug
Enforcement Administration, 1405 Eye Street, NW, Washington, DC 20537.
Inquiries should include the inquirer's name, date, and place of
birth.
Record access procedures:
Same as above.
Contesting record procedures:
Same as above.
Record source categories:
(A) DEA investigative reports; (B) Applicants; (C) Reports from other
federal, state and local agencies.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (d)(1)
and (e)(1) of the Privacy Act pursuant to 5 U.S.C. 552a(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.
JUSTICE/DEA-018
System name: DEA Applicant Investigations (DAI).
System location:
Drug Enforcement Administration; 1405 Eye Street, NW, Washington DC
20537.
Categories of individuals covered by the system:
Applicants for employment with DEA.
Categories of records in the system:
Information in records may include date and place of birth,
citizenship, marital status, military and social security status.
These records contain investigative information regarding an
individual's character, conduct, and behavior in the community where
he or she lives or lived, arrests and convictions for any violations
against the law, information from inquiries directed to present and
former supervisors, co-workers, associates, educators, etc, credit and
National Agency checks, and other information developed from the
above.
Authority for maintenance of the system:
5 U.S.C. 301 and Executive Order No. 10450.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These records are used by DEA to implement an effective screening
process for applicants. To foreign, federal, state and local law
enforcement and regulatory agencies, where appropriate, for referral
to avoid duplication of the investigative process and where the
appropriate agency is charged with the responsibility of investigating
or prosecuting potential violations of law.
Release of information to the news media. Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to the NARA and GSA in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
These records are maintained in standard investigative folders.
Retrievability:
These records are retrieved by use of a card index maintained
alphabetically by employee name.
Safeguards:
These records are maintained at DEA Headquarters which is protected by
twenty-four hour guard service and electronic surveillance. Access to
the building is restricted to DEA employees and those persons
transacting business within the building who are escorted by DEA
employees. Access to the system is restricted to employees of the
office of Internal Security and upper level management officials. The
records are stored in safe-type combination lock file cabinets.
Retention and disposal:
These records are maintained during period of employment and for 5
years after termination of employment and then destroyed.
System manager(s) and address:
Security Programs Manager, Drug Enforcement Administration, 1405 Eye
Street, NW, Washington, DC 20537.
Notification procedure:
Inquiries should be addressed to: Freedom of Information Section, Drug
Enforcement Administration, 1405 Eye Street, NW, Washington, DC 20537.
Inquiries should include the inquirer's name, date, and place of
birth.
Record access procedures:
Same as above.
Contesting record procedures:
Same as above.
Record source categories:
DEA investigations, federal, state and local law enforcement agencies.
Cooperating individuals, employees, educational institutions,
references, neighbors, associates, credit bureaus, medical officials,
probation officials.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsection (d)(1)
and (e)(1) of the Privacy Act pursuant to 5 U.S.C. 552a(k)(5). Rules
have been promulgated in accordance with the requirements at 5 U.S.C.
553 (b), (c) and (e) and have been published in the Federal Register.
JUSTICE/DEA-020
System name: Essential Chemical Reporting System.
System location:
Drug Enforcement Administration (DEA), 1405 I Street, NW, Washington,
DC 20537. Also, DEA Field Offices. See Appendix 1 for list of
addresses.
Categories of individuals covered by the system:
A. Individual who submit reports concerning the sale, loss, or theft
of precursor or other chemical essential to the manufacture of
controlled substances.
B. Individuals who are reported as the purchaser, importer, or
individual suffering the loss or theft of precursor or other chemical
essential to the manufacture of controlled substances.
C. Individuals who are reported as the person placing an order for
precursor or other chemical essential to the manufacture or controlled
substances.
D. Individual who are reported as being involved in or having
knowledge of the details relative to the loss or theft of precursor or
other chemical essential to the manufacture of controlled substances.
Categories of records in the system:
The system contains: (1) Precursor dine reports submitted to DEA
pursuant to Pub. L. No. 95-633. (2) Information extracted from
precursor reports and maintained on magnetic tape. (3) Reports
submitted voluntarily to DEA concerning chemicals essential to the
manufacture of controlled substance.
Authority for maintenance of the system:
This system of records is maintained pursuant to the reporting
requirements contained in Pub. L. 95-633.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Information contained in this system is provided to the following
categories of users for the purposes stated:
(A) Other Federal law enforcement and regulatory agencies for law
enforcement or regulatory purposes.
(B) State and local law enforcement and regulatory agencies for law
enforcement and regulatory purposes.
(C) Release of information to the news media: Information permitted to
be released to the news media and the public pursuant to 28 CFR 50.2
may be made available from systems of records maintained by the
Department of Justice 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.
(D) Release of information to Members of Congress: Information
contained in systems of records maintained by the Department of
Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available to a Member of Congress or staff acting
upon the Member's behalf when the Member or staff requests the
information on behalf of or at the request of the individual who is
the subject of the record.
(E) Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to the NARA and GSA in management inspections under the authority
of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Essential chemical report documents will be maintained in manual file
folders. Information extracted will be maintained on magnetic tape.
Retrievability:
The information maintained on magnetic tape will be retrievable by the
name of any individual mentioned in the report.
Safeguards:
The proposed system of records will be maintained in DEA Headquarters
which is protected by twenty-four hour guard serivce and electronic
surveillance. Access to the building is restricted to DEA employees
and those persons transacting business within the building who are
escorted by DEA employees. Manual files will be maintained in the DEA
central files and access to these documents will be restricted to DEA
employees on a need-to-know basis. Access to information maintained on
magnetic tape will require a specific computer program to extract
information. Access to information through ADP terminals will require
a user identification code which will be issued to authorized DEA
employees on a strict need-to-know basis.
Retention and disposal:
Until DEA gains experience to establish the useful life of the records
in this system, the records will be maintained indefinitely.
System manager(s) and address:
Assistant Administrator for Operations, Drug Enforcement
Administration, 1405 I Street NW, Washington, DC 20537.
Notification procedure:
Inquiries should be addressed to Freedom of Information Section, Drug
Enforcement Administration, 1405 I Street, NW, Washington DC 20537.
Record access procedures:
Same as above.
Contesting record procedures:
Same as above.
Record source categories:
Individuals required to submit prescursor reports pursuant to Pub. L.
95-633, and individuals who voluntarily submit reports concerning the
sale, distribution or importation of chemicals essential to the
manufacture of controlled substances.
Systems exempted from certain provisions of the act:
None.
JUSTICE/DEA-021
System name: DEA Aviation Unit Reporting System.
System location:
Drug Enforcement Administration (DEA), Investigative Support Section,
Aviation Unit, DEA/Justice, PO Box 534, Addison, Texas 75001.
Categories of individuals covered by the system:
DEA pilots.
Categories of records in the system:
The system contains: (1) Records relating to the operation and
maintenance of DEA aircraft. (2) Records relating to pilot
qualifications (CSC Form 671).
Purpose(s):
This system is maintained to monitor the utilization and maintenance
of DEA aircraft and the qualifications of DEA pilots in furtherance of
DEA enforcement operations conducted pursuant to the Comprehensive
Drug Abuse Prevention and Control Act of 1970 (Pub. L. 91-513).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(1) Federal Aviation Administration for purposes of aircraft
documentation and pilot certification.
(2) Department of Defense for communication purposes.
(3) United States Coast Guard for communication purposes.
(4) Communications relay services under contract with DEA for
communications purposes.
(5) Release of information to the news media: Information permitted to
be released to the news media and the public pursuant to 28 CFR 50.2
may be made available from systems of records maintained by the
Department of Justice 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.
(6) Release of information to Members of Congress. Information
contained in the systems of records maintained by the Department of
Justice, not otherwise requested to be released pursuant to 5 U.S.C.
552, may be made available to a Member of Congress or staff acting
upon 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.
(7) Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to the NARA and GSA in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
The automated portions of the records is maintained on an ADP disk
storage device. Documentary records are maintained in manual file
folders.
Retrievability:
Information relating to individuals in the system is retrieved by
pilot name or identifying number assigned by DEA.
Safeguards:
Access to the system is restricted to DEA personnel on a need-to-know
basis. The records are maintained in a secure room at the Addison
Aviation Facility in accordance with DEA security procedures and are
protected by an electronic alarm system.
Retention and disposal:
The automated records are maintained for five years and then purged
from the data base. Manual records are maintained indefinitely.
System manager(s) and address:
Chief, Investigative Support Section, Drug Enforcement Administration,
1405 I Street, NW, Washington, DC 20537.
Notification procedure:
Inquiries should be addressed to the Freedom of Information Section,
Drug Enforcement Administration, 1405 I Street, NW, Washington, DC
20537.
Record access procedures:
Same as above.
Contesting record procedures:
Same as above.
Record source categories:
Information pertaining to individuals in the system is obtained from
reports submitted by DEA pilots.
Systems exempted from certain provisions of the act:
None.
JUSTICE/DEA-023
System name: Clerical, Technical and Professional (CTAP) Program
Files.
System location:
Drug Enforcement Administration, 1405 I Street, NW, Washington, DC
20537 and field offices (see Appendix 1 for addresses).
Categories of individuals covered by the system:
Clerical technical and professional employees (GS/1-12) of DEA who
volunteer to participate in the CTAP program.
Categories of records in the system:
Biographic, educational and career development records of CTAP
employees, interview and evaluation forms concerning CTAP employees
and individual career development plans.
Authority for maintenance of the system:
OMB Circular No. A-48 (September 23, 1971). Federal Personnel Manual,
Chapter 410.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Information is disclosed to DEA counselors and supervisors to develop
and plan individualized career development programs for DEA employees.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2, may
be made available from systems of records maintained by the Department
of Justice unless it is determined that release of the specific
information in the context of a particular case would constitute an
unwarranted invasion of personnel privacy.
Release of information to Members of Congress: Information contained
in systems of records maintained by the Department of Justice, not
otherwise requested to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon the
Member's behalf when the Member or staff requests that information on
behalf of and at the request of the individual who is the subject of
the record.
Release of information to the National Archives and Record
Administration (NARA) and to the General Service Administration (GSA):
A record from a system of records may be disclosed as a routine use to
the NARA and GSA in records management inspections conducted under the
authority of 44 U.S.C 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
The records in the system are maintained in manual file folders and on
ADP equipment.
Retrievability:
Records will be retrieved by employee name.
Safeguards:
The records in the system will be maintained in facilities which meet
DEA security requirements. Access to the system will be restricted to
DEA employees on a need-to-know basis.
Retention and disposal:
Indefinite.
System manager(s) and address:
Assistant Administrator, Office of Administration, Drug Enforcement
Administration, 1405 I Street, NW, Washington, DC 20537.
Notification procedure:
Inquiries should be addressed to Freedom of Information Section, Drug
Enforcement Administration, 1405 I Street, NW, Washington, DC 20537.
Record access procedures:
Same as above.
Contesting record procedures:
Same as above.
Record source categories:
DEA employees, CTAP Counselors, DEA personnel files.
Systems exempted from certain provisions of the act:
None.
JUSTICE/DEA-027
System name: DEA Employee Profile System (DEPS).
System location:
Drug Enforcement Administration, 1405 I Street, NW, Washington, DC
20537.
Categories of individuals covered by the system:
DEA employees.
Categories of records in the system:
The following eight categories of information will be maintained in
the system:
1. Personal identification
2. Work experience
3. Language & geographical areas
4. Formal education
5. Special skills
6. Record of training
7. Consideration for vacancies
8. Awards
Authority for maintenance of the system:
This system is maintained to effectively place and assign employees to
positions to further the mandates of the Comprehensive Drug Abuse
Prevention and Control Act of 1970.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The records will be used principally by the Personnel Management
Division. Selected data will be forwarded by this personnel section to
the Career Development Board and operational units throughout DEA for
the purpose of:
1. Identifying employees with particular skills or qualifications for
assignment to special projects.
2. Identification of candidates for overseas assignments who have
specific language skills.
3. Insuring that the Career Development Board will be reviewing the
entirety of an applicant's background.
4. Calculating DEA's human resources on hand and to project more
accurately future resource needs and capabilities.
Information from this system will not be disseminated outside of DEA.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to the NARA and GSA in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
These records will be maintained on magnetic tape and a disk storage
device.
Retrievability:
The information in this system can be retrieved by the individual's
name, special skills information, special knowledge information or by
some combination of the above information.
Safeguards:
The records of the system will be maintained at DEA Headquarters which
is protected by twenty-four hour guard service and electronic
surveillance. Access to the building is restricted to DEA employees
and those transacting business within the building who are escorted by
DEA employees. In addition, the area where the tapes and disks are
stored is a secured area and access is restricted to those employees
who have business in the area and those non-DEA people who are
transacting business within the area and escorted by a DEA employee.
Inquiries to the system are only made by the written request of the
Chief, Personnel Management Division.
Retention and disposal:
Records in this system are retained as long as the individual is
employed by DEA.
System manager(s) and address:
Deputy Assistant Administrator, Office of Administration, Drug
Enforcement Administration, 1405 I Street NW, Washington, DC 20537.
Notification procedure:
Inquiries should be addressed to Freedom of Information Section, Drug
Enforcement Administration, 1405 I Street NW, Washington, DC 20537.
Inquiries should include inquirer's name, date of birth, and social
security number.
Record access procedures:
Same as notification procedure.
Contesting record procedures:
Same as Notification Procedures
Record source categories:
1. DEA employee
2. Servicing personnel Office
3. The Justice Uniform Personnel System (Juniper).
Systems exempted from certain provisions of the act: None.
JUSTICE/DEA-028
System name: Regional Automated Intelligence Data System
(RAIDS).
System location: Drug Enforcement Administration, 8400 NW 53rd Street,
Miami, Florida 33166.
Categories of individuals covered by the system: Individuals suspected
of illicit narcotic trafficking.
Categories of records in the system: Information extracted from DEA
investigative reports.
Authority for maintenance of the system: The Comprehensive Drug Abuse
Prevention and Control Act of 1970 (Pub. L. 91-513).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: Information contained in
this system is provided to the following categories of users as a
matter of routine use for law enforcement and regulatory purposes:
(a) Other federal law enforcement and regulatory agencies; (b) State
and local law enforcement and regulatory agencies; (c) Foreign law
enforcement agencies with whom DEA maintains liaison; (d) The
Department of Defense and military departments; (e) The Department
of State; (f) United States intelligence agencies concerned with
drug enforcement; (g) The United Nations; (h) The International
Police Organization (Interpol); and (i) To individuals and
organizations in the course of investigations to elicit information.
In addition, disclosures are routinely made to the following
categories for the purposes stated: (a) To federal agencies for
national security clearance purposes and to federal and state
regulatory agencies responsible for the licensing or certification of
individuals in the fields of pharmacy and medicine; (b) To the Office
of Management and Budget, upon request, in order to justify the
allocation of resources; (c) To state and local prosecutors for
assistance in preparing cases concerning criminal and regulatory
matters; and (d) To respondents and their attorneys for purposes of
discovery, formal and informal, in the course of an adjudicatory,
rulemaking, or other hearing held pursuant to the Controlled
Substances Act of 1970.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress: Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration: A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) in records management inspection conducted under the authority
of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Records in the system are maintained on magnetic discs.
Retrievability: Information is retrieved by name of the subject and by
various topical queries.
Safeguards: The system is protected by both physical security and
dissemination and access controls. The system is maintained in a
secure DEA facility and protected by electronic means. Access to the
computer is restricted by the assignment of unique input and query
access codes to authorized DEA employees on a strict need-to-know
basis.
Retention and disposal: Records in the system are currently maintained
indefinitely.
System manager(s) and address: Regional Director, DEA South Eastern
Regional Office, 8400 NW, 53rd Street, Miami, Florida 33166.
Notification procedure: Inquiries should be addressed to: Freedom of
Information Unit, Drug Enforcement Administration, 1405 I Street,
NW, Washington, DC 20537.
Record access procedures: Same as above.
Contesting record procedures: Same as above.
Record source categories: Records in the system consist entirely of
information extracted from DEA investigative reports.
Systems exempted from certain provisions of the act: The Attorney
General has exempted this system from subsections (c)(3) and (4),
(d), (e), (1), (2), and (3), (e)(4) (G) and (H), (e) (5) and (8),
(f), (g) and (h) 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).
JUSTICE/DEA-030
System name: Agent Recruit Assessment Program.
System location:
Drug Enforcement Administration (DEA), 1405 I Street, NW, Washington,
DC 20537.
Categories of individuals covered by the system:
A. Prospective recruits for basic agent classes
B. Basic agent trainees
C. Special Agents
Categories of records in the system:
The system contains information concerning: (1) Scores on measurement
instruments; (2) personality score derivatives; and (3) job-related
factors.
Authority for maintenance of the system:
This system is maintained under DEA's authority to recruit and train
Special Agents to enforce the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (Pub. L. 91-513).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The records maintained in this system are utilized only for internal
purposes and no disseminaton outside the Department of Justice is
contemplated.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
The automated portion of the records is maintained on an ADP storage
device. Documentary records are maintained in manual file folders.
Retrievability:
Information relating to an individual is retrieved by name or a unique
identifying number assigned by DEA.
Safeguards:
Access to the system is restricted to DEA personnel on a strict need-
to-know basis. The records are maintained in a secure area at DEA
headquarters, which is protected by guards and electronic means.
Retention and disposal:
The automated portion of the system is maintained for 15 years and
then purged from the data base. Manual records are maintained
indefinitely.
System manager(s) and address:
Assistant Administrator for Enforcement, Drug Enforcement
Administration, 1405 I Street, NW, Washington, DC 20537.
Notification procedure:
Inquiries should be addressed to: Freedom of Information Division,
Drug Enforcement Administration, 1405 I Street, NW, Washington, DC
20537.
Record access procedures:
Same as above.
Contesting record procedures:
Same as above.
Record source categories:
Information pertaining to individuals in the system is obtained from
test protocols and allied records or provided by the individuals.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (d),
(e)(4)(G) and (H), and (f) of the Privacy Act pursuant to 5 U.S.C.
552a(k)(6). See 28 CFR 16.98 for exemption regulations.
JUSTICE/DEA-INS-111
System name: Automated Intelligence Records System (Pathfinder).
System location:
U.S. Department of Justice, Drug Enforcement Administration, 1405 Eye
Street, NW, Washington, DC 20537 and El Paso Intelligence Center
(EPIC), El Paso, Texas 79902.
Categories of individuals covered by the system:
(1) Those individuals who are known, suspected, or alleged to be
involved in (a) narcotic trafficking, (b) narcotic-arms trafficking,
(c) alien smuggling or transporting, (d) illegally procuring, using,
selling, counterfeiting, reproducing, or altering identification
documents relating to status under the immigration and nationality
laws, (e) terrorist activities (narcotic, arms or alien trafficking/
smuggling related), (f) crewman desertions and stowaways, (g)
arranging or contracting a marriage to defraud the immigration laws;
and (h) facilitating the transportation of narcotics proceeds: (2) In
addition to the categories of individuals listed above, those
individuals who (a) have had citizenship or alien identification
documents put to fraudulent use or have reported them as lost or
stolen, (b)arrive in the United States from a foreign territory by
private aircraft, and (c) are informants or witnesses (including non-
implicated persons) who have pertinent knowledge of some circumstances
or aspect of a case or suspect may be the subject of a file within
this system: and (3) In the course of criminal investigation and
intelligence gathering, DEA and INS may detect violation of non-drug
or non-alien related laws. In the interests of effective law
enforcement, this information is retained in order to establish
patterns of criminal activity and to assist other law enforcement
agencies that are charged with enforcing other segments of criminal
law. Therefore, under certain limited circumstances, individuals
known, suspected, or alleged to be involved in non-narcotic or non-
alien criminal activity may be the subject of a file maintained within
this system.
Categories of records in the system:
In general, this system contains computerized and manual intelligence
information gathered from DEA and INS investigative records and
reports. Specifically, intelligence information is gathered and
collated from the following DEA and INS records and reports; (1) DEA
Reports of Investigation (DEA-6), (2) DEA and INS Intelligence
Reports, (3) INS Air Detail Office Index (I-92A). (4) INS Operational
Activities Special Information System (OASIS). (5) INS Marine
Intelligence Index, (6) INS Fraudulent Document Center Index, (7) INS
Terrorist Index, (8) INS Reports of Investigation and Apprehension (I-
44, I-213, G-166) and (9) U.S. Coast Guard Vessel 408 file. In
addition, data is obtained from commercially available flight plan
information concerning individuals known, suspected or alleged to be
involved in criminal smuggling activities using private aircraft.
Authority for maintenance of the system:
This sytem has been established in order for DEA and INS to carry out
their law enforcement, regulatory, and intelligence functions mandated
by the Comprehensive Drug Abuse Prevention and Control Act of 1970 (84
Stat. 1236), Reorganization Plan No. 2 of 1973, the Single Convention
on Narcotic Drugs, (18 UST 1407), and sections 103.265, and 290 and
Title III of the Immigration and Nationality Act, as amended (8 U.S.C.
1103, 1305, 1360, 1401 et seq.). Additional authority is derived from
Treaties, Statutes, Executive Orders and Presidential Proclamations
which DEA and INS have been charged with administering.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
This system will be used to produce association and link analysis
reports and such special reports as required by intelligence analysts
of DEA and INS. The system will also be used to provide ``real-time''
responses to queries from Federal, state, and local agencies charged
with border law enforcement responsibilities.
Information from this system will be provided to the following
categories of users for law enforcement and intelligence purposes
provided a legitimate and lawful ``need to know'' is demonstrated: (a)
Other Federal law enforcement agencies, (b) state and local law
enforcement agencies, (c) foreign law enforcement agencies with whom
DEA and INS maintain liaison, (d) U.S. intelligence and military
intelligence agencies involved in border criminal law enforcement, (e)
clerks and judges of courts exercising appropriate jurisdiction over
subject matter maintained within this system, and (f) Department of
State; (g) various Federal, State, and local enforcement committees
and working groups including Congress and senior Administration
officials; (h) The Department of Defense and military departments; (i)
The United Nations; (j) The International Police Organization
(Interpol); (k) to individuals and organizations in the course of
investigations to elicit information; (l) to the Office of Management
and Budget, upon request, in order to justify the allocation of
resources; (m) to respondents and their attorneys for purposes of
discovery, formal and informal, in the course of an adjudicatory,
rulemaking, or other hearing held pursuant to the Controlled
Substances Act of 1970; and (n) in the event there is an indication of
a violation or potential violation of law whether civil, criminal,
regulatory, or administrative in nature, the relevant information may
be referred to the appropriate agency, whether Federal, state, local
or foreign, charged with the responsibility of investigating or
prosecuting such violation or charged with enforcing or implementing
the statute or rule, regulations, or order issued pursuant thereto.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to the NARA and GSA records management inspections conducted under
the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Manual subsets of the Pathfinder Information System are maintained on
standard index cards and manual folders. Standard security formats are
employed. The records are stored on computer at the DOJ computer
center, Washington, DC.
Retrievability:
Access to individual records can be accomplished by reference to
either the manual indices or the automated information system. Access
is achieved by reference to personal identifiers, other data elements
or any combination thereof.
Safeguards:
The Pathfinder System of Records is protected by both physical
security methods and dissemination and access controls. Fundamental in
all cases is that access to intelligence information is limited to
those persons or agencies with a demonstrated and lawful need to know
for the information in order to perform assigned functions.
Physical security when intelligence files are attended is provided by
responsible DEA and INS employees. Physical security when files are
unattended is provided by the secure locking of material in approved
containers or facilities. The selection of containers or facilities is
made in consideration of the sensitivity or National Security
Classification as appropriate, of the files, and the extent of
security guard and/or surveillance afforded by electronic means.
Protection of the automated information system is provided by
physical, procedural, and electronic means. The master file resides in
the DEA Office of Intelligence Secured Computer System and is
physically attended or safe-guarded on a full time basis. Access or
observation to active telecommunications terminals is limited to those
with a demonstrated need to know for retrieval information.
Surrepititious access to an unattended terminal is precluded by a
complex authentication procedure. The procedure is provided only to
authorized DEA and INS employees. Transmission from DEA Headquarters
to El Paso, Texas is accomplished via a dedicated secured line.
An automated log of queries is maintained for each terminal. Improper
procedure results in no access and under certain conditions completely
locks out the terminal pending restoration by the master controller at
DEA Headquarters after appropriate verification. Unattended terminals
are otherwise located in locked facilities after normal working hours.
The dissemination of intelligence information to an individual outside
the Department of Justice is made in accordance with the routine uses
as described herein and otherwise in accordance with conditions of
disclosure prescribed in the Privacy Act. The need to know is
determined in both cases by DEA and INS as a prerequisite to the
release of information.
Retention and disposal:
Records maintained within this system are retained for fifty-five (55)
years.
System manager(s) and address:
Deputy Assistant Administrator, Office of Intelligence, Drug
Enforcement Administration, 1405 Eye Street, NW, Washington, DC 20537
and Associate Commissioner, Enforcement, Immigration and
Naturalization Service, 425 Eye Street, NW, Washington, DC 20536.
Notification procedure:
Inquiries should be addressed to Freedom of Information Section, Drug
Enforcement Administration, 1405 Eye Street, NW, Washington, DC 20537.
Record access procedures:
Same as notification procedure.
Contesting record procedures:
Same as notification procedure.
Record source categories:
Commercially available flight plan information source; Confidential
informants; DEA intelligence and investigative records/reports; INS
investigative, intelligence and statutory mandated records/reports;
records and reports of other Federal, state and local agencies; and
reports and records of foreign agencies with whom DEA maintains
liaison.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c) (3)
and (4), (d), (e), (1), (2), and (3), (e)(4)(g), (H) and (I), (e) (5)
and (8), (f), (g), and (h) 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.
JUSTICE/DEA-999
DEA Appendix 1--List of record location addresses. Copies of all or
part of any system of records published by the Drug Enforcement
Administration pursuant to 5 U.S.C. 552a may be maintained at the DEA
field offices listed below. However, procedures for processing
inquiries concerning DEA systems of records have been centralized in
DEA Headquarters. Inquiries concerning all DEA systems of records
should be addressed to:
Freedom of Information Section:
Drug Enforcement Administration, 1405 Eye Street, NW, Washington, DC
20537.
Drug Enforcement Administration Field Offices:
Atlanta Division
Atlanta Division Office, 75 Spring Street, SW, Room 740, Atlanta,
Georgia 30303
Charleston Resident Office, 334 Meeting Street, Room 325,
Charleston, South Carolina 29403
Columbia Resident Office, 1101 Laurel, PO Box 702, Room 204,
Columbia, South Carolina 29202
Columbus Resident Office, PO Box 1565, Columbus, Georgia 31902
Greensboro Resident Office, 2300 W. Meadowview Road, Suite 224,
Greensboro, North Carolina 27407
Knoxville Resident Office, 1111 Northshore Drive, Room 610,
Knoxville, Tennessee 37919
Memphis Resident Office, 167 N. Main Street, 401 Federal Building,
Memphis, Tennessee 38103
Nashville Resident Office, 801 Broadway, A929, Estes Kefauver
Building, FB-USCH, Nashville, Tennessee 37203
Savannah Resident Office, 124 Barnard Street, Room B-220, Savannah,
Georgia 31401
Wilmington Resident Office, 272 Front Street, Suite 423, Wilmington,
North Carolina 28401
Boston Division
Boston Division Office, G-64 JFK Federal Building, Boston,
Massachusetts 02203
Bridgeport Resident Office, 915 Lafayette Boulevard, FB-USCH, Room
200, Bridgeport, Connecticut 06604
Burlington Resident Office, PO Box 327, Essex Junction, Vermont
05452
Concord Resident Office, 55 Pleasant Street, Federal Building, PO
Box 1314, Concord, New Hampshire 03301
Hartford Resident Office, 450 Main Street, Room 628, Hartford,
Connecticut 06103
Portland Resident Office, 1355 Congress Street, Suite D, Portland,
Maine 04102
Providence Resident Office, 232 John O. Pastore Federal Building,
Exchange Terrace, Providence, Rhode Island 02903
Springfield Resident Office, 1550 Main Street, Room 408,
Springfield, Massachusetts 01103
Chicago Division
Chicago Division Office, 219 Dearborn Street, Chicago, Illinois
60604
Fargo Resident Office, PO Box 1127, Fargo, North Dakota 58107
Hammond Resident Office, 507 State Street, Room 632, Hammond,
Indiana 46320
Indianapolis Resident Office, 575 N. Pennsylvania, Room 290,
Indianapolis, Indiana 46204
Milwaukee Resident Office, 517 E. Wisconsin, 228A FB-USCH,
Milwaukee, Wisconsin 53202
Minneapolis Resident Office, 110 S. 4th Street, 402 Federal
Building, Minneapolis, Minnesota 55401
Springfield Resident Office, 524 S. Second Street, Suite 650,
Springfield, Illinois 62701
Dallas Division
Dallas Division Office, 1880 Regal Row, Dallas, Texas 75235
Fort Worth Resident Office, 501 W. 10th Street, U.S. Courthouse,
Room 506, Fort Worth, Texas 76102
Oklahoma City Resident Office, 200 NW Fifth Street, Federal
Building, Suite 960, Oklahoma City, Oklahoma 73102-3202
Tulas Resident Office, 333 W. Fourth Street, Room 3335, Tulsa,
Oklahoma 74103
El Paso Resident Office, 4110 Rio Bravo, Suite 100, El Paso, Texas
79902
Alpine Resident Office, PO Box 1282, Alpine, Texas 79830
Lubbock Resident Office, 2345 50th Street, Suite 120, Lubbock, Texas
79412
Midland, Texas, Post of Duty, 200 E. Wall, Federal Building, Room
105, Midland, Texas 79701
Tyler, Texas, Post of Duty, 3301 Golden Road No. 5, Tyler, Texas
75713
Denver Division
Denver Division Office, 316 US Customs House, PO Box 1860, Denver,
Colorado 80201
Cheyenne Resident Office, 2120 Capitol Avenue, 8020 Federal Center,
Cheyenne, Wyoming 82001
Salt Lake City Resident Office, 125 State Street, 8416 Federal
Building, Salt Lake City, Utah 84138
Albuquerque District Office, 5301 Central Avenue NE., 1st National
Bank Building East, Suite 900, Albuquerque, New Mexico 87108
Glenwood Springs Resident Office, 401 23rd Street, Suite 104,
Glenwood Springs, Colorado 81601
Las Cruces Resident Office, PO Box 399, Las Cruces, New Mexico 88004
Detroit Division
Detroit Division Office, 231 W. Lafayette, 357 Federal Building,
Detroit, Michigan 48226
Cincinnati Resident Office, 505 Main Street, 7405 Federal Office
Building, Cincinnati, Ohio 45202
Cleveland Resident Office, 601 Rockwell Avenue, Room 300, Cleveland,
Ohio 44114
Grand Rapids Resident Office, 110 Michigan Avenue, NW, 310 FB-USCH,
Grand Rapids, Michigan 49503
Louisville Resident Office, 600 Federal Place, 1006 Federal
Building, Louisville, Kentucky 40202
Saginaw Resident Office, 100 S. Warren Street, Room 1061, Federal
Building, Saginaw, Michigan 48606
Houston Division
Houston Division Office, 333 West Loop North, Houston, Texas 77024
Corpus Christi Resident Office, 400 Mann Street, PO Box 2443, Suite
403, Corpus Christi, Texas 78403
Galveston Resident Office, 6000 Broadway, Suite 104, Galveston,
Texas 77550
Beaumont, Texas, Post of Duty, 700 North Street, Suite 102,
Beaumont, Texas 77701-1899
McAllen District Office, 3017 S. 10th Street, McAllen, Texas 78503
Brownsville, Resident Office, 1100 FM 802, Suite, 200, Brownsville,
Texas 78521
Laredo Resident Office, PO Box Drawer 2307, Laredo, Texas 78044
San Antonio Resident Office, 1802 NE Loop 410, 1800 Central
Building, 4th Floor, San Antonio, Texas 78217
Austin Resident Office, 55 N. Interregional Highway, PO Box 8,
Austin, Texas 78767
Eagle Pass Resident Office, 342 Rio Grande, Room 102, Eagle Pass,
Texas 78852
Los Angeles Division
Los Angeles Division Office, 305 S. Figueroa Street, Los Angeles,
California 90071
Guam Resident Office, 238 O'Hara Street, Suite 502C, Agana, Guam
96910
Honolulu Resident Office, 300 Ala Moana Boulevard, Room 3129, PO Box
50163, Honolulu, Hawaii 96850
Las Vegas Resident Office, 300 Las Vegas Boulevard South, FB-USCH,
Room 204, PO Box 16023, Las Vegas, Nevada 89101-0023
Reno Resident Office, 4600 Kietzke Lane, 209 Building I, Reno,
Nevada 89502
Riverside Resident Office, 3610 Central Avenue, Room 511, PO Box
2946, Riverside, California 92516
Santa Ana Resident Office, 34 Civic Center Plaza, PO Box 12609,
Santa Ana, California 92712
Santa Barbara Resident Office, 6445 Calle Real, Suite C, Goleta,
California 93117
Miami Division
Miami Division Office, 8400 NW 53rd Street, Miami, Florida 33166
Ft. Lauderdale Resident Office, 299 E. Broward Boulevard, FB-USCH,
Suite 404, Ft. Lauderdale, Florida 33301
Ft. Myers Resident Office, 2345 Union Street, Suite D, Ft. Myers,
Florida 33902
Gainsville Resident Office, 1717 NE 9th Street, Suite 134, PO Box
2918, Gainsville, Florida 32601
Jacksonville Resident Office, 4077 Woodcock Drive, Suite 210,
Jacksonville, Florida 32207
Marathon Resident Office, 11400 Overseas Highway, PO Box 1269, Room
215, Marathon, Florida 33050
Orlando Resident Office, 498 Palm Springs Plaza Drive, Suite 801,
Altamonte Springs, Florida 32701
Panama City Resident Office, 410 Jenks Avenue, PO Box 1486, Panama
City, Florida 32402
Tampa Resident Office, 700 Twiggs Street, Suite 400, Tampa, Florida
33602
Tampa Task Force Airport Detail, 700 Twiggs Street, Suite 400,
Tampa, Florida 33602
West Palm Beach Resident Office, 701 Clematis Street, Room 223, West
Palm Beach, Florida 33401
San Juan District Office, 416 Ponce de Leon Avenue, Chase Building,
Suite 514, Hato Rey, Puerto Rico 00918
Newark Division
Newark Division Office, 970 Broad Street, Federal Office Building,
Room 806, Newark, New Jersey 07102
Atlantic City Resident Office, PO Box AB, Northfield, New Jersey
08225
Camden, New Jersey Resident Office, c/o DEA, PO Box 428, Bellmawr,
New Jersey 08031
New Orleans Division
1661 Canal Street, Suite 2200, New Orleans, Louisiana 70112
Baton Rouge Resident Office, 4560 North Boulevard, Suite 118, Baton
Rouge, Louisiana 70806
Birmingham Resident Office, 236 Goodwin Crest, Suite 520,
Birmingham, Alabama 35209
Gulfport Mississippi, Post of Duty, PO Box 1387, Gulfport,
Mississippi 39502
Jackson Resident Office, 100 W. Capitol Street, 1501 Federal
Building, Jackson, Mississippi 39269
Little Rock Resident Office, One Union National Plaza, Suite 850,
Little Rock, Arkansas 72201
Mobile Resident Office, 2 Office Park, Suite 216, Mobile, Alabama
36609
Shreveport Resident Office, 8A20A Federal Building, Shreveport,
Louisiana 71101
New York Division
New York Division Office, 555 W. 57th Street, Suite 1900, New York,
New York 10019
Albany Resident Office, Clinton Avenue & North Pearl Street, 746 Leo
W. O'Brien Federal Building, Albany, New York 12207
Buffalo Resident Office, 28 Church Street, Suite 300, Buffalo, New
York 14202
Rochester Resident Office, PO Box 14210, Rochester, New York 14614
Long Island Resident Office, One Huntington Quadrangle, Suite 1C-02,
Melville, New York 11747
New York DEA Drug Task Force, 555 W. 57th Street, Suite 1700, New
York, New York 10019-2978
JFK Airport Station, PO Box 361, Jamaica, New York 11430
Philadelphia Division
Philadelphia Division Office, 600 Arch Street, Room 10224, William
J. Green Federal Building, Philadelphia, Pennsylvania 19106
Harrisburg Resident Office, PO Box 557, Harrisburg, Pennsylvania
17108-0557
Pittsburgh Resident Office, 1000 Liberty Avenue, Federal Building,
Room 2306, Pittsburgh Pennsylvania 15222
Wilmington Resident Office, 844 King Street, J. Caleb Boggs Federal
Building, Rms. 5305-5307, Wilmington, Delaware 19801
Phoenix Division
Phoenix Division Office, One N. First Street, Suite 201, Phoenix,
Arizona 85004
Yuma Resident Office, 3150 Winsor Avenue, Suite 202, Yuma, Arizona
85364
Tucson Resident Office, 2110 E. Airport Drive, Tucson, Arizona 85706
Nogales Resident Office, 3970 Fairway Drive, Nogales, Arizona 85621
San Diego Division
San Diego Division Office, 402 W. 35th Street, National City,
California 92050
Calexico Resident Office, 38 W. 4th Street, PO Box J, Calexico,
California 92231
Tecate Resident Office, Highway 188, PO Box 280, Tecate, California
92080
San Francisco Division
San Francisco Division Office, 450 Golden Gate Avenue, PO Box 36035,
Room 12215, San Francisco, California 94102
Fresno Resident Office, 2202 Monterrey Street Room, 104F, Fresno,
California 93721
Sacramento Resident Office, 2941 Fulton Avenue, PO Box 214556,
Sacramento, California 95821
San Jose Resident Office, 280 S. First Street, Room 2133, San Jose,
California 95113
Seattle Division
Seattle Division Office, 220 W. Mercer, Suite 301, Seattle,
Washington 98119
Anchorage Resident Office, 701 C Street, Anchorage, Alaska 99513
Blaine Resident Office, 170 C Street, PO Box 1680, Blaine,
Washington 98230
Boise Resident Office, 2404 Bank Drive, American Reserve Building,
Suite 212, Boise, Idaho 83705
Eugene Resident Office, 211 E. 7th Avenue, 230 Federal Building,
Eugene, Oregon, 97401
Great Falls Resident Office, 1111 4th Street South, PO Box 2887,
Great Falls, Montana 59403
Portland Resident Office, 1220 SW 3rd Avenue, Room 1566, Portland,
Oregon 97204
Spokane Resident Office, 920 W. Riverside, PO Box 1504, USCH,
Spokane, Washington 99201
St. Louis Division
St. Louis Division Office, 120 S. Central Avenue, Suite 200, St.
Louis, Missouri 63105
Cape Girardeau, Missouri, Post of Duty, 339 Broadway, Room 159, Cape
Girardeau, Missouri 63701
Des Moines Resident Office, 210 Walnut Street, PO Box 1784, USCH,
Federal Building, Room 667, Des Moines, Iowa 50309
Kansas City Resident Office, 812 N. 7th Street, Room 206, Kansas
City, Kansas 66101
Omaha Resident Office, 215 N. 17th Street, Federal Building, PO Box
661, Downtown Station, Omaha, Nebraska 68101
Sioux Falls Resident Office, PO Box 1109, Sioux Falls, South Dakota
57101
Wichita Resident Office, 1919 Amidon, Suite 218, Wichita, Kansas
67230
Washington, DC Division
Washington, DC Division Office, 400 Sixth Street SW., Room 2558,
Washington, DC 20024
Charleston Resident Office, 22 Capital Street, PO Box 1146,
Charleston, West Virginia 25324
Clarksburg, West Virginia, Post of Duty, 168 W. Main Street, PO Box
262, Room 502, Clarksburg, West Virginia 26301
Charleston Resident Office, 22 Capital Street, PO Box 1146,
Charleston, West Virginia 25324
Norfolk Resident Office, 200 Granby Mall, Federal Building, Suite
320, Norfolk, Virginia 23510
Richmond Resident Office, 400 N. 8th Street, PO Box 10150, Richmond,
Virginia 23240
Baltimore District Office, 31 Hopkins Plaza, 955 Federal Building,
Baltimore, Maryland 21201
El Paso Intelligence Division
El Paso Intelligence Division, 2211 E. Missouri, Suite 200, El Paso,
Texas 79903
Laboratories
Special Testing & Research Laboratory, 7704 Old Springhouse Road,
McLean, Virginia 22102-3494
Mid-Atlantic Laboratory, 460 New York Avenue NW, Washington, DC
20537
Northeast Laboratory, 555 W. 57th Street, New York, New York 10019
Southeast Laboratory, 5205 NW 84th Avenue, Miami, Florida 33166
North Central Laboratory, 610 S. Canal Street, Room 500, Chicago,
Illinois 60607
South Central Laboratory, 1880 Regal Row, Dallas, Texas 75235
Southwest Laboratory, PO Box 1536, National City, California 92050
Western Laboratory, 450 Golden Gate Avenue, Box 36075, San
Francisco, California 94102
Other DEA Offices
Aviation Unit
Addison Aviation Facility, DEA/Justice, PO Box 534, Addison, Texas
75001
Foreign Offices
Ankara, Turkey Country Office, DEA/Justice, American Embassy, APO
New York, New York 09254
Istanbul Resident Office, DEA/Justice, American Consulate General,
APO New York, New York 09380
Athens Greece Country Office, DEA/Justice, American Embassy, APO New
York, New York 09253
Bangkok, Thailand Country Office, DEA/Justice, American Embassy, APO
San Francisco, California 96346
Chiang Mai Resident Office, DEA/Justice, American Embassy, Box C,
APO San Francisco, California 96346
Songkhla Resident Office, DEA/Justice, American Embassy, Box S, APO
San Francisco, California 96346
Bern, Switzerland County Office, DEA/Justice, American Embassy,
Department of State Pouch Mail 20520
Bogota, Colombia Country Office, DEA/Justice, American Embassy, APO
Miami, Florida 34038
Barranquilla Resident Office, DEA/Justice, American Embassy, APO
Miami, Florida 34038
Cali Resident Office, DEA/Justice, American Embassy, APO Miami,
Florida 34038
Medellin Resident Office, DEA/Justice, American Embassy, APO Miami,
Florida 34038
Bonn, W. Germany Country Office, DEA/Justice, American Embassy, Box
290, APO New York, New York 09080
Frankfurt Resident Office, DEA/Justice, American Consulate General,
APO New York, New York 09213
Brasilia, Brazil Country Office, DEA/Justice, American Embassy, APO
Miami, Florida 34030
Sao Paulo Resident Office, c/o Brasilia Country Office, APO Miami,
Florida 34030
Brussels, Belgium Country Office, DEA/Justice, American Embassy, APO
New York, New York 09667
Buenos Aires, Argentina Country Office, DEA/Justice, American
Embassy, APO Miami, Florida 34034
Cairo, Egypt Country Office, DEA/Justice, American Embassy, Box 10,
FPO New York, New York 09527
Caracas, Venezuela Country Office, DEA/Justice, American Embassy,
APO Miami, Florida 34037
Copenhagen, Denmark Country Office, DEA/Justice, American Embassy,
APO New York, New York 09170
Caracao, Netherlands Antilles Country Office, DEA/Justice, c/o U.S.
Consulate General, Department of State Pouch Mail 20520
Guatemala City, Guatemala Country Office, DEA/Justice, American
Embassy, APO Miami, Florida 34024
Hong Kong Country Office, DEA/Justice, American Consulate General,
Box 30, FPO San Francisco, California 96659
Islamabad, Pakistan Country Office, DEA/Justice, Department of
State, Pouch Mail 20520
Karachi Resident Office, DEA/Justice, Department of State, Pouch
Mail 20520
Lahore Resident Office, DEA/Justice, Department of State, Pouch Mail
20520
Peshawar Resident Office, DEA/Justice, Department of State, Pouch
Mail 20520
Jakarta, Indonesia Country Office, DEA/Justice, Department of State,
Pouch Mail 20520
Kingston, Jamaica Country Office, DEA/Justice, Department of State,
Pouch Mail 20520
Kuala Lumpur, Malaysia Country Office, DEA/Justice, Department of
State, Pouch Mail 20520
La Paz, Bolivia Country Office, DEA/Justice, American Embassy, APO
Miami, Florida 34032
Santa Cruz Resident Office, c/o La Paz, Bolivia Country Office, APO
Miami, Florida 34032
Lagos, Nigeria Country Office, DEA/Justice, Department of State,
Pouch Mail 20520
Cochabamba Resident Office, c/o La Paz, Bolivia Country Office, APO
Miami, Florida 34032
Lima, Peru Country Office, DEA/Justice, American Embassy, APO Miami,
Florida 34031
London, England Country Office, DEA/Justice, American Embassy, Box
40, FPO New York, New York 09510
Madrid, Spain Country Office, DEA/Justice, American Embassy, APO New
York, New York 09285
Manila, Philippines Country Office, DEA/Justice, American Embassy,
APO San Francisco, California 96528
Mexico City, Mexico Country Office, DEA/Justice, PO Box 3087,
Laredo, Texas 78041
Guadalajara Resident Office, DEA/Justice, PO Box 3088, Laredo, Texas
78041
Hermosillo Resident Office, PO Box 1090, Nogales, Arizona 85621
Mazatlan Resident Office, DEA/Justice, Department of State, Pouch
Mail 20520
Merida Resident Office, DEA/Justice, American Consulate, PO Box
3087, Laredo, Texas 78044
Monterrey Resident Office, DEA/Justice, American Consulate, PO Box
3098, Laredo, Texas 78040
Nassau, Bahamas Country Office, DEA/Justice, PO Box N8197,
Department of State, Pouch Mail 20520
New Delhi, India Country Office, DEA/Justice, American Consulate,
Department of State, Pouch Mail 20520
Nicosia, Cypress Country Office, DEA/Justice, American Embassy, FPO
New York, New York 09530
Ottawa Country Office, 100 Wellington Street, DEA/Justice, American
Embassy, Ottawa, Ontario, Canada KIP-5T1
Montreal Resident Office, DEA/Justice, PO Box 65, Postal Station,
Desjardins, Montreal, American Consulate General, Montreal, Quebec,
Canada HSB 161
Panama City, Panama Country Office, DEA/Justice, American Embassy,
Box E, APO Miami, Florida 34002
Paris, France Country Office, DEA/Justice, American Embassy, APO New
York, New York 09777
Marseilles Resident Office, DEA/Justice, American Embassy, APO New
York, New York 09777
Quito, Ecuador Country Office, DEA/Justice, American Embassy, APO
Miami, Florida 34039
Guayaquil Resident Office, DEA/Justice, U.S. Consulate, APO Miami,
Florida 34039
Rome, Italy Country Office, DEA/Justice, American Embassy, APO New
York, New York 09794-0007
Milan Resident Office, DEA/Justice, American Embassy, Box M, APO New
York, New York 09794
San Jose, Costa Rica Country Office, DEA/Justice, American Embassy,
APO Miami, Florida 34020
Santiago, Chile Country Office, DEA/Justice, American Embassy, APO
Miami, Florida 34033
Santo Domingo, Dominican Republic Country Office, DEA/Justice,
American Embassy, APO Miami, Florida 34041
Seoul, Korea Country Office, DEA/Justice, American Embassy, APO San
Francisco, California 96301
Singapore Country Office, DEA/Justice, American Embassy, FPO San
Francisco, California 96699-0001
The Hague, Netherlands Country Office, DEA/Justice, American
Embassy, APO New York, New York 09159
Tokyo, Japan Country Office, DEA/Justice, American Embassy, APO San
Francisco, California 96503
Vienna, Austria Country Office, DEA/Justice, American Embassy, APO
New York, New York 09108
DEPARTMENT OF JUSTICE
FEDERAL BUREAU OF INVESTIGATION
JUSTICE/FBI 001
System name:
National Crime Information Center (NCIC).
System location:
Federal Bureau of Investigation, J. Edgar Hoover Bldg., 10th and
Pennsylvania Avenue NW, Washington, DC 20535.
Categories of individuals covered by the system:
A. Wanted Persons: 1. Individuals for whom Federal warrants are
outstanding.
2. Individuals who have committed or have been identified with an
offense which is classified as a felony or serious misdemeanor under
the existing penal statutes of the jurisdiction originating the entry
and for whom a felony or misdemeanor warrant has been issued with
respect to the offense which was the basis of the entry. Probation and
parole violators meeting the foregoing criteria.
3. A ``Temporary Felony Want'' may be entered when a law enforcement
agency has need to take prompt action to establish a ``want'' entry
for the apprehension of a person who has committed or the officer has
reasonable grounds to believe has committed, a felony and who may seek
refuge by fleeing across jurisdictional boundaries and circumstances
preclude the immediate procurement of a felony warrant. A ``Temporary
Felony Want'' shall be specifically identified as such and subject to
verification and support by a proper warrant within 48 hours following
the entry of a temporary want. The agency originating the ``Temporary
Felony Want'' shall be responsible for subsequent verification or re-
entry of a permanent want.
4. Juveniles who have been adjudicated delinquent and who have escaped
or absconded from custody, even though no arrest warrants were issued.
Juveniles who have been charged with the commission of a delinquent
act that would be a crime if committed by an adult, and who have fled
from the state where the act was committed.
5. Individuals who have committed or have been identified with an
offense committed in a foreign country, which would be a felony if
committed in the United States, and for whom a warrant of arrest is
outstanding and for which act an extradition treaty exists between the
United States and that country.
6. Individuals who have committed or have been identified with an
offense committed in Canada and for whom a Canada-Wide Warrant has
been issued which meets the requirements of the Canada-U.S.
Extradition Treaty, 18 U.S.C. 3184.
B. Individuals who have been charged with serious and/or significant
offenses:
1. Individuals who have been fingerprinted and whose criminal history
record information has been obtained.
2. Violent Felons: Persons with three or more convictions for a
violent felony or serious drug offense as defined by 18 U.S.C.
Sec. 924(e).
C. Missing Persons: 1. A person of any age who is missing and who is
under proven physical/mental disability or is senile, thereby
subjecting that person or others to personal and immediate danger.
2. A person of any age who is missing under circumstances indicating
that the disappearance was not voluntary.
3. A person of any age who is missing under circumstances indicating
that that person's physical safety may be in danger.
4. A person of any age who is missing after a catastrophe.
5. A person who is missing and declared unemancipated as defined by
the laws of the person's state of residence and does not meet any of
the entry criteria set forth in 1-4 above.
D. Individuals designated by the U.S. Secret Service as posing a
potential danger to the President and/or other authorized protectees.
E. Members of Violent Criminal Gangs: Individuals about whom
investigation has developed sufficient information to establish
membership in a particular violent criminal gang by either:
1. Self admission at the time of arrest or incarceration, or
2. Any two of the following criteria:
a. Identified as a gang member by a reliable informant;
b. Identified as a gang member by an informant whose information has
been corroborated;
c. Frequents a gang's area, associates with known members, and/or
affects gang dress, tattoos, or hand signals;
d. Has been arrested multiple times with known gang members for
offenses consistent with gang activity; or
e. Self admission (other than at the time of arrest or incarceration).
F. Members of Terrorist Organizations: Individuals about whom
investigations has developed sufficient information to establish
membership in a particular terrorist organization using the same
criteria listed above in paragraph E, items 1 and 2 a-e, as they apply
to members of terrorist organizations rather than members of violent
criminal gangs.
G. Unidentified Persons: 1. Any unidentified deceased person. 2. Any
person who is living and unable to ascertain the person's identity
(e.g., infant, amnesia victim). 3. Any unidentified catastrophe
victim. 4. Body parts when a body has been dismembered.
Categories of records in the system:
A. Stolen Vehicle File: 1. Stolen vehicles. 2. Vehicles wanted in
conjunction with felonies or serious misdemeanors. 3. Stolen vehicle
parts including certificates of origin or title.
B. Stolen License Plate File.
C. Stolen Boat File.
D. Stolen Gun File: 1. Stolen guns. 2. Recovered guns, when ownership
of which has not been established.
E. Stolen Article File.
F. Securities File: 1. Serially numbered stolen, embezzled or
counterfeited, securities.
2. ``Securities'' for present purposes of this file are currently
(e.g., bills, bank notes) and those documents or certificates which
generally are considered to be evidence of debt (e.g., bonds,
debentures, notes) or ownership of property (e.g., common stock,
preferred stock), and documents which represent subscription rights,
warrants and which are of the types traded in the securities exchanges
in the United States, except for commodities futures. Also, included
are warehouse receipts, travelers checks and money orders.
G. Wanted Person File: Described in ``CATEGORIES OF INDIVIDUALS
COVERED BY THE SYSTEM. A. Wanted Persons, 1-4.''
H. Foreign Fugitive File: Identification data regarding persons who
are fugitives from foreign countries, who are described in
``CATEGORIES OF INDIVIDUALS covered by the system: A. Wanted Persons,
5 and 6.''
I. Interstate Identification Index File: A cooperative Federal-state
program for the interstate exchange of criminal history record
information for the purpose of facilitating the interstate exchange of
such information among criminal justice agencies. Described in
``CATEGORIES OF INDIVIDUALS covered by the system: B. 1.''
J. Identification records regarding persons enrolled in the United
States Marshals Service Witness Security Program who have been charged
with serious and/or significant offenses: Described in ``CATEGORIES OF
INDIVIDUALS covered by the system: B.''
K. Bureau of Alcohol, Tobacco, and Firearms (BATF) Violent Felon File:
Described in ``CATEGORIES OF INDIVIDUALS covered by the system: B.
2.''
L. Missing Person File: Described in ``CATEGORIES OF INDIVIDUALS
covered by the system: C. Missing Persons.''
M. U.S. Secret Service Protective File: Described in ``CATEGORIES OF
INDIVIDUALS covered by the system: D.''
N. Violent Criminal Gang File: A cooperative Federal-state program for
the interstate exchange of criminal gang information. For the purpose
of this file, a ``gang'' is defined as a group of three or more
persons with a common interest, bond, or activity characterized by
criminal or delinquent conduct. Described in ``CATEGORIES OF
INDIVIDUALS covered by the system: E. Members of Violent Criminal
Gangs.''
O. Terrorist File: A cooperative Federal-state program for the
exchange of information about terrorist organizations and individuals.
For the purposes of this file, ``terrorism'' is defined as activities
that involve violent acts or acts dangerous to human life that are a
violation of the criminal laws of the United States or any state or
would be a criminal violation if committed within the jurisdiction of
the United States or any state, which appear to be intended to:
1. Intimidate or coerce a civilian population,
2. Influence the policy of a government by intimidation or coercion,
or
3. Affect the conduct of a government by crimes or kidnapping.
Described in ``CATEGORIES OF INDIVIDUALS covered by the system: F.
Members of Terrorist Organizations.''
P. Unidentified Person File: Described in ``CATEGORIES OF INDIVIDUALS
covered by the system: G. Unidentified Persons.''
Authority for maintenance of the system:
The system is established and maintained in accordance with 28 U.S.C.
534; Department of Justice Appropriation Act, 1973, Pub. L. 92-544, 86
Stat. 1115, Securities Acts Amendment of 1975, Pub. L. 94-29, 89 Stat.
97; and 18 U.S.C. Sec. 924 (e). Exec. Order No. 10450, 3 CFR (1974).
Purpose(s):
The purpose for maintaining the NCIC system of record is to provide a
computerized data base for ready access by a criminal justice agency
making an inquiry and for prompt disclosure of information in the
system from other criminal justice agencies about crimes and
criminals. This information assists authorized agencies in criminal
justice objectives, such as apprehending fugitives, locating missing
persons, locating and returning stolen property, as well as in the
protection of the law enforcement officers encountering the
individuals described in the system.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Data in NCIC files is exchanged with and for the official use of
authorized officials of the Federal Government, the States, cities,
penal and other institutions, and certain foreign governments. The
data is exchanged through NCIC lines to Federal criminal justice
agencies, criminal justice agencies in the 50 States, the District of
Columbia, Puerto Rico, U.S. Possessions and U.S. Territories.
Additionally, data contained in the various ``want files,'' i.e., the
stolen vehicle file, stolen license plate file, stolen gun file,
stolen article file, wanted person file, securities file, boat file,
and missing person data may be accessed by the Royal Canadian Mounted
Police. Criminal history data is disseminated to non-criminal justice
agencies for use in connection with licensing for local/state
employment or other uses, but only where such dissemination is
authorized by Federal or state statutes and approved by the Attorney
General of the United States.
Data in NCIC files, other than the information described in
``CATEGORIES of records in the system: I, J, K, M, N, and O,'' is
disseminated to (1) a nongovernmental agency subunit thereof which
allocates a substantial part of its annual budget to the
administration of criminal justice, whose regularly employed peace
officers have full police powers pursuant to state law and have
complied with the minimum employment standards of governmentally
employed police officers as specified by state statute; (2) a
noncriminal justice governmental department of motor vehicle or
driver's license registry established by a statute, which provides
vehicles registration and driver record information to criminal
justice agencies; (3) a governmental regional dispatch center,
established by a state statute, resolution, ordinance or Executive
order, which provides communications services to criminal justice
agencies; and (4) the national Automobile Theft Bureau, a
nongovernmental nonprofit agency which acts as a national
clearinghouse for information on stolen vehicles and offers free
assistance to law enforcement agencies concerning automobile thefts,
identification and recovery of stolen vehicles.
Disclosures of information from this system, as described above, are
for the purpose of providing information to authorized agencies to
facilitate the apprehension of fugitives, the location of missing
persons, the location and/or return of stolen property, or similar
criminal justice objectives.
Information on missing children, missing adults who were reported
missing while children, and unidentified living and deceased persons
may be disclosed to the National Center for Missing and Exploited
Children (NCMEC). The NCMEC is a nongovernmental, nonprofit, federally
funded corporation, serving as a national resource and technical
assistance clearinghouse focusing on missing and exploited children.
Information is disclosed to NCMEC to assist it in its efforts to
provide technical assistance and education to parents and local
governments regarding the problems of missing and exploited children,
and to operate a nationwide missing children hotline to permit members
of the public to telephone the Center from anywhere in the United
States with information about a missing child.
In addition, information may be released 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;
To a Member of Congress or staff acting upon the member's behalf whom
the member or staff requests the information on behalf of and at the
request of the individual who is the subject of the record; and,
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. Sec. Sec. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information maintained in the NCIC system is stored electronically for
use in a computer environment.
Retrievability:
On line access to data in NCIC is achieved by using the following
search descriptors:
A. Stolen Vehicle File:
1. Vehicle identification number;
2. Owner applied number;
3. License plate number;
4. NCIC number (unique number assigned by NCIC computer to each NCIC
record.)
B. Stolen License Plate File:
1. License plate number;
2. NCIC number.
C. Stolen Boat File:
1. Registration document number;
2. Hull serial number;
3. Owner applied number;
4. NCIC number.
D. Stolen Gun File:
1. Serial number of gun;
2. NCIC number.
E. Stolen Article File:
1. Serial number of article;
2. Owner applied number;
3. NCIC number.
F. Securities File:
1. Type, serial number, denomination of security, and issuer for other
than U.S. Treasury issues and currency;
2. Type of security and name of owner of security;
3. Social Security number of owner of security (it is noted the
requirements of the Privacy Act with regard to the solicitation of
Social Security numbers have been brought to the attention of the
members of the NCIC system);
4. NCIC number.
G. Wanted Person File:
1. Name and one of the following numerical identifiers:
a. Date of birth;
b. FBI number (number assigned by the Federal Bureau of Investigation
to an arrest fingerprint record);
c. Social Security number (it is noted the requirements of the Privacy
Act with regard to the solicitation of Social Security numbers have
been brought to the attention of the members of the NCIC system);
d. Operator's license number (driver's number);
e. Miscellaneous identifying number (military number or number
assigned by Federal, state, or local authorities to an individual's
record);
f. Originating agency case number;
2. Vehicle or license plate known to be in the possession of the
wanted person;
3. NCIC number.
H. Foreign Fugitive File: See G, above.
I. Interstate Identification Index File:
1. Name, sex, race, and date of birth;
2. FBI number;
3. State identification number;
4. Social Security number;
5. Miscellaneous identifying number.
J. Witness Security Program File: See G, above.
K. BATF Violent Felon File: See G, above.
L. Missing Person File: See G, above, plus the age, sex, race, height
and weight, eye and hair color of the missing person.
M. U.S. Secret Service Protective File: See G, above.
N. Violent Criminal Gang File: See G, above.
O. Terrorist File: See G, above.
P. Unidentified Person File: the age, sex, race, height and weight,
eye and hair color of the unidentified person.
Safeguards:
Data stored in the NCIC is documented criminal justice agency
information and access to that data is restricted to duly authorized
criminal justice agencies. The following security measures are the
minimum to be adopted by all criminal justice agencies having access
to the NCIC.
Interstate Identification Index (III) File. These measures are
designed to prevent unauthorized access to the system data and/or
unauthorized use of data obtained from the computerized file.
1. Computer Center. a. The criminal justice agency computer site must
have adequate physical security to protect against any unauthorized
personnel gaining access to the computer equipment or to any of the
stored data. b. Since personnel at these computer centers can have
access to data stored in the system, they must be screened thoroughly
under the authority and supervision of an NCIC control terminal
agency. (This authority and supervision may be delegated to
responsible criminal justice agency personnel in the case of a
satellite computer center being serviced through a state control
terminal agency.) This screening will also apply to non-criminal
justice maintenance or technical personnel. c. All visitors to these
computer centers must be accompanied by staff personnel at all times.
d. Computers having access to the NCIC must have the proper computer
instructions written and other built-in controls to prevent criminal
history data from being accessible to any terminals other than
authorized terminals. e. Computers having access to the NCIC must
maintain a record of all transactions against the criminal history
file in the same manner the NCIC computer logs all transactions. The
NCIC identifies each specific agency entering or receiving information
and maintains a record of those transactions. This transaction record
must be monitored and reviewed on a regular basis to detect any
possible misuse of criminal history data. f. Each State Control
terminal shall build its data system around a central computer,
through which each inquiry must pass for screening and verification.
The configuration and operation of the center shall provide for the
integrity of the data base.
2. Communications: a. Lines/channels being used to transmit criminal
history information must be dedicated solely to criminal justice,
i.e., there must be no terminals belonging to agencies outside the
criminal justice system sharing these lines/channels. b. Physical
security of the lines/channels must be protected to guard against
clandestine devices being utilized to intercept or inject system
traffic.
3. Terminal Devices Having Access to NCIC: a. All agencies having
terminals on this system must be required to physically place these
terminals in secure locations within the authorized agency. b. The
agencies having terminals with access to criminal history must screen
terminal operators and restrict access to the terminal to a minimum
number of authorized employees. c. Copies of criminal history data
obtained from terminal devices must be afforded security to prevent
any unauthorized access to or use of the data. d. All remote terminals
on NCIC III will maintain a manual or automated log of computerized
criminal history inquiries with notations of individuals making
requests for records for a minimum of one year.
Retention and disposal:
Unless otherwise removed, records will be retained in files as
follows:
A. Vehicle File: a. Unrecovered stolen vehicle records (including
snowmobile records) which do not contain vehicle identification
numbers (VIN) or Owner-applied number (OAN) therein, will be purged
from file 90 days after date of entry. Unrecovered stolen vehicle
records (including snowmobile records) which contain VIN's or OANs
will remain in file for the year of entry plus 4.
b. Unrecovered vehicles wanted in conjunction with a felony will
remain in file for 90 days after entry. In the event a longer
retention period is desired, the vehicle must be reentered. c.
Unrecovered stolen VIN plates, certificates of origin or title, and
serially numbered stolen vehicle engines or transmissions will remain
in file for the year of entry plus 4.
(Job No. NC1-65-82-4, Part E. 13 h.(1))
B. License Plate File: Unrecovered stolen license plates will remain
in file for one year after the end of the plate's expiration year as
shown in the record.
(Job No. NC1-65-82-4, Part E. 13 h.(2))
C. Boat File: Unrecovered stolen boat records, which contain a hull
serial number of an OAN, will be retained in file for the balance of
the year entered plus 4. Unrecovered stolen boat records which do not
contain a hull serial number or an OAN will be purged from file 90
days after date of entry.
(Job No. NC1-65-82-4, Part E. 13 h.(6))
D. Gun file: a. Unrecovered weapons will be retained in file for an
indefinite period until action is taken by the originating agency to
clear the record. b. Weapons entered in file as ``recovered'' weapons
will remain in file for the balance of the year entered plus 2.
(Job No. NC1-65-82-4, Part E. 13 h.(3))
E. Article File: Unrecovered stolen articles will be retained for the
balance of the year entered plus one year.
(Job No. NC1-65-82-4, Part E. 13 h.(4))
F. Securities File: Unrecovered stolen, embezzled or counterfeited
securities will be retained for the balance of the year entered plus
4, except for travelers checks and money orders, which will be
retained for the balance of the year entered plus 2.
(Job No. NC1-65-82-4, Part E. 13 h.(5))
G. Wanted Person File: Person not located will remain in file
indefinitely until action is taken by the originating agency to clear
the record (except ``Temporary Felony Wants'', which will be
automatically removed from the file after 48 hours).
(Job No. NC1-65-87-114, Part E. 13 h.(7))
H. Foreign Fugitive File: Person not located will remain in file
indefinitely until action is taken by the originating agency to clear
the record.
I. Interstate Identification Index File: When an individual reaches
age of 80.
(Job No. NC1-65-76-1)
J. Witness Security Program File: Will remain in file until action is
taken by the U.S. Marshals Service to clear or cancel the records.
K. BATF Violent Felon File: Will remain in file until action is taken
by the BATF to clear or cancel the records.
L. Missing Persons File: Will remain in the file until the individual
is located or action is taken by the originating agency to clear the
record.
(Job No. NC1-65-87-11, Part E 13h (8))
M. U.S. Secret Service Protective File: Will be retained until names
are removed by the U.S. Secret Service.
N. Violent Criminal Gang File: Records will be subject to mandatory
purge if inactive for five years.
O. Terrorist File: Records will be subject to mandatory purge if
inactive for five years.
P. Unidentified Person File: Will be retained for the remainder of the
year of entry plus 9.
System manager(s) and address:
Director, Federal Bureau of Investigation, J. Edgar Hoover Building,
10th and Pennsylvania Avenue NW, Washington, DC 20535.
Notification procedure:
Same as the above.
Record access procedures:
It is noted the Attorney General has exempted this system from the
access and contest procedures of the Privacy Act. However, the
following alternative procedures are available to requester. The
procedures by which computerized criminal history record information
about an individual may be obtained by that individual are as follows:
If an individual has a criminal record supported by fingerprints and
that record has been entered in the NCIC III file, criminal history
record information, it is available to that individual for review,
upon presentation of appropriate identification and in accordance with
applicable State and Federal administrative and statutory regulations.
Appropriate identification includes being fingerprinted for the
purpose of insuring that the individual is who the individual purports
to be. The record on file will then be verfied through comparison of
fingerprints.
Procedure: 1. All requests for review must be made by the subject of
the record through a law enforcement agency which has access to the
NCIC III File. That agency within statutory or regulatory limits can
require additional identification to assist in securing a positive
identification.
2. If the cooperative law enforcement agency can make an
identification with fingerprints previously taken which are on file
locally and if the FBI identification number of the individual's
record is available to that agency, it can make an on-line inquiry of
NCIC to obtain the record on-line or, if it does not have suitable
equipment to obtain an on-line response, obtain the record from
Washington, DC by mail. The individual will then be afforded the
opportunity to see that record.
3. Should the cooperating law enforcement agency not have the
individual's fingerprints on file locally, it is necessary for that
agency to relate the prints to an existing record by having the
identification prints compared with those already on file in the FBI
or possibly in the State's central identification agency.
Contesting record procedures:
The Attorney General has exempted this system from the contest
procedures of the Privacy Act. Under this alternative procedure
described above under ``Record Access Procedures,'' the subject of the
requested record shall request the appropriate arresting agency,
court, or correctional agency to initiate action necessary to correct
any stated inaccuracy in subject's record or provide the information
needed to make the record complete.
Record source categories:
Information contained in the NCIC system is obtained from local,
state, Federal and international criminal justice agencies.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsection (c) (3)
and (4), (d), (e)(1) (2), and (3), (e)(4) (G), (H), (e)(8) and (g) of
the Privacy Act pursuant to 5 U.S.C. 552a(j)(2) and (k)(3). 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.
JUSTICE/FBI-002
System name: The FBI Central Records System.
System location:
a. Federal Bureau of Investigation, J. Edgar Hoover Building, 10th and
Pennsylvania Avenue, NW, Washington DC 20535; b. 56 field divisions
(see Appendix); c. 16 Legal Attache (see Appendix).
Categories of individuals covered by the system:
a. Individuals who relate in any manner to official FBI investigations
including, but not limited to subjects, suspects, victims, witnesses,
and close relatives and associates who are relevant to an
investigation.
b. Applicants for and current and former personnel of the FBI and
persons related thereto who are considered relevant to an applicant
investigation, personnel inquiry, or other personnel matters.
c. Applicants for and appointees to sensitive positions in the United
States Government and persons related thereto who are considered
relevant to the investigation.
d. Individuals who are the subject of unsolicited information, who
offer unsolicited information, request assistance, and make inquiries
concerning record material, including general correspondence, and
contacts with other agencies, businesses, institutions, clubs; the
public and the news media.
e. Individuals associated with administrative operations or services
including pertinent functions, contractors and pertinent persons
related thereto.
(All manner of information concerning individuals may be acquired in
connection with and relating to the varied investigative
responsibilities of the FBI which are further described in
``CATEGORIES OF RECORDS IN THE SYSTEM.'' Depending on the nature and
scope of the investigation this information may include, among other
things, personal habits and conduct, financial information, travel and
organizational affiliation of individuals. The information collected
is made a matter of record and placed in FBI files.)
Categories of records in the system:
The FBI Central Records Systems--The FBI utilizes a central records
system of maintaining its investigative, personnel, applicant,
administrative, and general files. This system consists of one
numerical sequence of subject matter files, an alphabetical index to
the files, and a supporting abstract system to facilitate processing
and accountability of all important mail placed in files. This
abstract system is both a textual and an automated capability for
locating mail. Files kept in FBI field offices are also structured in
the same manner, except they do not utilize an abstract system.
The 281 classifications used by the FBI in its basic filing system
pertain primarily to Federal violations over which the FBI has
investigative jurisdiction. However, included in the 281
classifications are personnel, applicant, and administrative matters
to facilitate the overall filing scheme. These classifications are as
follows (the word ``obsolete'' following the name of the
classification indicates the FBI is no longer initiating investigative
cases in these matters, although the material is retained for
reference purposes):
1. Training Schools; National Academy Matters: FBI National Academy
Applicants. Covers general information concerning the FBI National
Academy, including background investigations of individual candidates.
2. Neutrality Matters. Title 18, United States Code, Sections 956 and
958 962; Title 22, United States Code, Sections 1934 and 401.
3. Overthrow or Destruction of the Government. Title 18, United States
Code, Section 2385.
4. National Firearms Act, Federal Firearms Act; State Firearms Control
Assistance Act; Unlawful Possession or Receipt of Firearms. Title 26,
United States Code, Sections 5801-5812; Title 18, United States Code,
Sections 921-928; Title 18, United States Code, Sections 1201-1203.
5. Income Tax. Covers violations of Federal income tax laws reported
to the FBI. Complaints are forwarded to the Commissioner of the
Internal Revenue Service.
6. Interstate Transportation of Strikebreakers. Title 18, United
States Code, Section 1231.
7. Kidnapping. Title 28, United States Code, Sections 1201 and 1202.
8. Migratory Bird Act. Title 18, United States Code, Section 43; Title
16, United States Code, Section 703 through 718.
9. Extortion. Title 18, United States Code, Sections 876, 877, 875,
and 873.
10. Red Cross Act. Title 18, United States Code, Sections 706 and 917.
11. Tax (Other than Income). This classification covers complaints
concerning violations of Internal Revenue law as they apply to other
than alcohol, social security and income and profits taxes, which are
forwarded to the Internal Revenue Service.
12. Narcotics. This classification covers complaints received by the
FBI concerning alleged violations of Federal drug laws. Complaints are
forwarded to the headquarters of the Drug Enforcement Administration
(DEA), or the nearest district office of DEA.
13. Miscellaneous. Section 125, National Defense Act, Prostitution;
Selling Whiskey Within Five Miles of An Army Camp, 1920 only. Subjects
were alleged violators of abuse of U.S. flag, fraudulent enlistment,
selling liquor and operating houses of prostitution within restricted
bounds of military reservations. Violations of Section 13 of the
Selective Service Act (Conscription Act) were enforced by the
Department of Justice as a war emergency measure with the Bureau
exercising jurisdiction in the detection and prosecution of cases
within the purview of that Section.
14. Sedition. Title 18, United States Code, Sections 2387, 2388, and
2391.
15. Theft from Interest Shipment. Title 18, United States Code,
Section 859; Title 18, United States Code, Section 660; Title 18
United States Code, Section 2117.
16. Violations of Federal Injunction (obsolete). Consolidated into
Classification 69, ``Contempt of Court''.
17. Fraud Against the Government, Department of Veterans Affairs,
Department of Veterans Affairs Matters. Title 18, United States Code,
Section 287, 289, 290, 371, or 1001, and Title 38, United States Code,
Sections 787(a), 787(b), 3405, 3501, and 3502.
18. May Act. Title 18, United States Code, Section 1384.
19. Censorship Matter (obsolete). Pub. L. 77th Congress.
20. Federal Grain Standards Act (obsolete) 1920 only. Subjects were
alleged violators of contracts for sale. Shipment of Interstate
Commerce, Section 5, U.S. Grain Standards Act.
21. Food and Drugs. This classification covers complaints received
concerning alleged violations of the Food, Drug and Cosmetic Act; Tea
Act; Import Milk Act; Caustic Poison Act; and Filled Milk Act. These
complaints are referred to the Commissioner of the Food and Drug
Administration of the field component of that Agency.
22. National Motor Vehicle Traffic Act, 1922-27 (obsolete). Subjects
were possible violators of the National Motor Vehicle Theft Act,
Automobiles seized by Prohibitions Agents.
23. Prohibition. This classification covers complaints received
concerning bootlegging activities and other violations of the alcohol
tax laws. Such complaints are referred to the Bureau of Alcohol,
Tobacco and Firearms, Department of the Treasury, or field
representatives of the Agency.
24. Profiteering 1920-42 (obsolete). Subjects are possible violators
of the Lever Act--Profiteering in food and clothing or accused company
was subject of file. Bureau conducted investigations to ascertain
profits.
25. Selective Service Act; Selective Training and Service Act. Title
50, United States Code, Section 462; Title 50, United States Code,
Section 459.
26. Interstate Transportation of Stolen Motor Vehicle; Interstate
Transportation of Stolen Aircraft. Title 18, United States Code,
Sections 2311 (in part), 2312, and 2313.
27. Patent Matter. Title 35, United States Code, Sections 104 and 105.
28. Copyright Matter. Title 17, United States Code, Sections 104 and
105.
29. Bank Fraud and Embezzlement. Title 18, United States Code,
Sections 212, 213, 215, 334, 655-657, 1004-1006, 1008, 1009, 1014, and
1306; Title 12, United States Code, Section 1725(g).
30. Interstate Quarantine Law, 1922-25 (obsolete). Subjects alleged
violators of Act of February 15, 1893, as amended, regarding
interstate travel of persons afflicted with infectious diseases. Cases
also involved unlawful transportation of animals, Act of February 2,
1903. Referrals were made to Public Health Service and the Department
of Agriculture.
31. White Slave Traffic Act. Title 18, United States Code, Section
2421-2424.
32. Identification (Fingerprint) Matters. This classification covers
general information concerning Identification (fingerprint) matters.
33. Uniform Crime Reporting. This classification covers general
information concerning the Uniform Crime Reports, a periodic
compilation of statistics of criminal violations throughout the United
States.
34. Violation of Lacy Act. 1922-43. (obsolete) Unlawful Transportation
and shipment of black bass and fur seal skins.
35. Civil Service. This classification covers complaints received by
the FBI concerning Civil Service matters which are referred to the
Office of Personnel Management in Washington or regional offices of
that Agency.
36. Mail Fraud. Title 18, United States Code, Section 13341.
37. False Claims Against the Government. 1921-22. (obsolete) Subjects
submitted claims for allotment, vocational training, compensation as
veterans under the Sweet Bill. Letters were generally referred
elsewhere (Veterans Bureau). Violators apprehended for violation of
Article No. 1, War Risk Insurance Act.
38. Application for Pardon to Restore Civil Rights. 1921-35.
(obsolete) Subjects allegedly obtained their naturalization papers by
fraudulent means. Cases later referred to Immigration and
Naturalization Service.
39. Falsely Claiming Citizenship. (obsolete) Title 18, United States
Code, Sections 911 and 1015(a)(b).
40. Passport and Visa Matter. Title 18, United States Code, Sections
1451-1546.
41. Explosives (obsolete). Title 50, United States Code, Sections 121
through 144.
42. Deserter; Deserter, Harboring. Title 10, United States Code,
Sections 808 and 885.
43. Illegal Wearing of Uniforms; False Advertising or Misuse of Names,
Words, Emblems or Insignia; Illegal Manufacturer, Use, Possession, or
Sale of Emblems and Insignia; Illegal Manufacture, Possession, or
Wearing of Civil Defense Insignia; Miscellaneous, Forging or Using
Forged Certificate of Discharge from Military or Naval Service;
Miscellaneous, Falsely Making or Forging Naval, Military, or Official
Pass; Miscellaneous, Forging or Counterfeiting Seal of Department or
Agency of the United States, Misuse of the Great Seal of the United
States or of the Seals of the President or the Vice President of the
United States; Unauthorized Use of ``Johnny Horizon'' Symbol;
Unauthorized Use of Smokey Bear Symbol. Title 18, United States Code,
Sections 702, 703, and 704; Title 18, United States Code, Sections
701, 705, 707, and 710; Title 36, United States Code, Section 182;
Title 50, Appendix, United States Code, Section 2284; Title 46, United
States Code, Section 249; Title 18, United States Code, Sections 498,
499, 506, 709, 711, 711a, 712, 713, and 714; Title 12, United States
Code, Sections 1457 and 1723a; Title 22, United States Code, Section
2518.
44. Civil Rights; Civil Rights, Election Laws, Voting Rights Act,
1965, Title 18, United States Code, Sections 241, 242, and 245; Title
42, United States Code, Section 1973; Title 18, United States Code.
Section 243; Title 18, United States Code, Section 244, Civil Rights
Act--Federally Protected Activities; Civil Rights Act--Overseas
Citizens Voting Rights Act of 1975.
45. Crime on the High Seas (Includes stowaways on boats and aircraft).
Title 18, United States Code, Sections 7, 13, 1243, and 2199.
46. Fraud Against the Government: (Includes Department of Health,
Education and Welfare; Department of Labor (CETA), and Miscellaneous
Government Agencies) Anti-Kickback Statute; Department Assistance Act
of 1950; False Claims, Civil; Federal-Aid Road Act; Lead and Zinc Act;
Public Works and Economic Development Act of 1965; Renegotiation Act,
Criminal; Renegotiation Act, Civil; Trade Expansion Act of 1962;
Unemployment Compensation Statutes; Economic Opportunity Act. Title
50, United States Code, Section 1211 et seq.; Title 31, United States
Code, Section 231; Title 41, United States Code, Section 119; Title
40, United States Code, Section 489.
47. Impersonation. Title 18, United States Code, Section 912, 913,
915, and 916.
48. Postal. Violation (Except Mail Fraud). This classification covers
inquiries concerning the Postal Service and complaints pertaining to
the theft of mail. Such complaints are either forwarded to the
Postmaster General or the nearest Postal Inspector.
49. Bankruptcy Fraud. Title 18, United States Code, Sections 151-155.
50. Involuntary Servitude and Slavery. U.S. Constitution, 13th
Amendment; Title 18, United States Code, sections 1581-1588, 241, and
242.
51. Jury Panel Investigations. This classification covers jury panel
investigations which are requested by the appropriate Assistant
Attorney General as authorized by 28 U.S.C. 533 and AG memorandum 781,
dated 11/9/72. These investigations can be conducted only up-on such a
request and consist of an indices and arrest check, and only in
limited important trials where defendant could have influence over a
juror.
52. Theft, Robbery, Embezzlement, Illegal Possession or Destruction of
Government Property. Title 18, United States Code, Sections 641, 1024,
1660, 2112, and 2114. Interference With Government Communications,
Title 18, U.S.C., Section 1632.
53. Excess Profits On Wool. 1918 (obsolete). Subjects possible
violator of Government Control of Wool Clip of 1918.
54. Customs Laws and Smuggling. This classification covers complaints
received concerning smuggling and other matters involving importation
and entry of merchandise into and the exportation of merchandise from
the United States. Complaints are referred to the nearest district
office of the U.S. Customs Service or the Commissioner of Customs,
Washington, DC.
55. Counterfeiting. This classification covers complaints received
concerning alleged violations of counterfeiting of U.S. coins, notes,
and other obligations and securities of the Government. These
complaints are referred to either the Director, U.S. Secret Service,
or the nearest office of that Agency.
56. Election Laws. Title 18, United States Code, Sections 241, 242,
245, and 591-607; Title 42, United States Code, Section 1973; Title
26, United States Code, Sections 9012 and 9042; Title 2, United States
Code, Sections 431-437, 439, and 441.
57. War Labor Dispute Act (obsolete). Pub. L. 89-77th Congress.
58. Corruption of Federal Public Officials. Title 18, United States
Code, Sections 201-203, 205-211; Pub. L. 89-4 and 89-136.
59. World War Adjusted Compensation Act of 1924-44. (obsolete) Bureau
of Investigation was charged with the duty of investigating alleged
violations of all sections of the World War Adjusted Compensation Act
(Pub. L. 472, 69th Congress (H.R. 10277)) with the exception of
Section 704.
60. Anti-Trust, Title 15, United States Code, Sections 1-7, 12-27, and
13.
61. Treason or Misprision of Treason. Title 18, United Stats Code,
Sections 2381, 2382, 2389, 2390, 756, and 757.
62. Administrative Inquiries. Misconduct Investigations of Officers
and Employees of the Department of Justice and Federal Judiciary;
Census Matters (Title 13, United States Code, Sections 211-214, 221-
224, 304, and 305) Domestic Police Cooperation; Eight-Hour-Day Law
(Title 40, United States, Code, Sections 321, 332, 325a, 326); Fair
Credit Reporting Act (Title 15, United States Code, Sections 1681q and
1681r); Federal Cigarette Labeling and Advertising Act (Title 15,
United States Code, Section 1333); Federal Judiciary Investigations;
Kickback Racket Act (Title 18, United States Code, Section 874); Lands
Division Matter, other Violations and/or Matters; Civil Suits--
Miscellaneous; Soldiers' and Sailors' Civil Relief Act of 1940 (Title
50, Appendix, United States Code, Sections 510-590); Tariff Act of
1930 (Title 19, United States Code, Section 1304); Unreported
Interstate Shipment of Cigarettes (Title 15, United States Code,
Sections 375 and 376); Fair Labor Standards Act of 1938 (Wages and
Hours Law) (Title 29, United States Code, Sections 201-219);
Conspiracy (Title 18, United States Code, Section 371 (formerly
Section 88, Title 18, United States Code); effective September 1,
1948).
63. Miscellaneous--Nonsubversive. This classification concerns
correspondence from the public which does not relate to matters within
FBI jurisdiction.
64. Foreign Miscellaneous. This classification is a control file
utilized as a repository for intelligence information of value
identified by country. More specific categories are placed in
classification 108-113.
65. Espionage. Attorney General Guidelines on Foreign
Counterintelligence; Internal Security Act of 1950; Executive Order
11905.
66. Administrative Matters. This classification covers such items as
supplies, automobiles, salary matters and vouchers.
67. Personnel Matters. This classification concerns background
investigations of applicants for employment with the FBI and folders
for current and former employees.
68. Alaskan matters (obsolete). This classification concerns FBI
investigations in the Territory of Alaska prior to its becoming a
State.
69. Contempt of Court. Title 18, United States Code, Sections 401,
402, 3285, 3691, 3692; Title 10, United States Code. Section 847; and
Rule 42, Federal Rules of Criminal Procedure.
70. Crime on Government Reservation. Title 18, United States Code,
Sections 7 and 13.
71. Bills of Lading Act, Title 49, United States Code, Section 121.
72. Obstruction of Criminal Investigations: Obstruction of Justice,
Obstruction of Court Orders. Title 18, United States Code. Sections
1503 through 1510.
73. Application for Pardon After Completion of Sentence and
Application for Executive Clemency. This classification concerns the
FBI's background investigation in connection with pardon applications
and request for executive clemency.
74. Perjury. Title 18, United States Code, Sections 1621, 1622, and
1623.
75. Bondsmen and Sureties. Title 18, United States Code, Section 1506.
76. Escaped Federal Prisoner. Escape and Rescue; Probation Violator,
Parole Violator, Mandatory, Release Violator. Title 18, United States
Code, Sections 751-757, 1072; Title 18, United States Code. Sections
3651-3656; and Title 18, United States Code. Sections 4202-4207, 5037,
and 4161-4166.
77. Applicants (Special Inquiry, Departmental and Other Government
Agencies, except those having special classifications). This
classification covers the background investigations conducted by the
FBI in connection with the aforementioned positions.
78. Illegal Use of Government Transportation Requests. Title 18,
United States Code, Section 287, 495, 508, 641, 1001 and 1002.
79. Missing Persons. This classification covers the FBI's
Identification Division's assistance in the locating of missing
persons.
80. Laboratory Research Matters. At FBI Headquarters this
classification is used for Laboratory research matters. In field
office files this classification covers the FBI's public affairs
matters and involves contact by the FBI with the general public,
Federal and State agencies, the Armed Forces, Corporations, the news
media and other outside organizations.
81. Gold Hoarding. 1933-45. (obsolete) Gold Hoarding investigations
conducted in accordance with an Act of March 9, 1933 and Executive
Order issued August 28, 1933. Bureau instructed by Department to
conduct no further investigations in 1935 under the Gold Reserve Act
of 1934. Thereafter, all correspondence referred to Secret Service.
82. War Risk Insurance (National Life Insurance (obsolete)). This
classification covers investigations conducted by the FBI in
connection with civil suits filed under this statue.
83. Court of Claims. This classification covers requests for
investigations of cases pending in the Court of Claims from the
Assistant Attorney General in charge of the Civil Division of the
Department of Justice.
84. Reconstruction Finance Corporation Act (obsolete). Title 15,
United States Code, Chapter 14.
85. Home Owner Loan Corporation (obsolete). This classification
concerned complaints received by the FBI about alleged violations of
the Home Owners Loan Act, which were referred to the Home Owners Loan
Corporation. Title 12, United States Code, Section 1464.
86. Fraud Against the Government--Small Business Administration. Title
15, United States Code, Section 645; Title 18, United States Code,
Sections 212, 213, 215, 216, 217, 657, 658, 1006, 1011, 1013, 1014,
1906, 1907, and 1909.
87. Interstate Transportation of Stolen Property (Heavy Equipment--
Commercialized Theft). Title 18, United States Code, Sections 2311,
2314, 2315 and 2318.
88. Unlawful Flight to Avoid Prosecution, Custody, or Confinement;
Unlawful Flight to Avoid Giving Testimony. Title 18, United States
Code, Sections 1073 and 1074.
89. Assaulting or Killing a Federal Officer, Crimes Against Family
Members, Congressional Assassination Statute, Title 18, United States
Code, Sections 1111, 1114, 2232.
90. Irregularities in Federal Penal Institutions. Title 18, United
States Code, Sections 1791 and 1792.
91. Bank Burglary, Bank Larcency; Bank Robbery. Title 18, United
States Code, Section 2113.
92. Racketeer Enterprise Investigations. Title 18, United States Code.
Section 3237.
93. Ascertaining Financial Ability. This classification concerns
requests by the Department of Justice for the FBI to ascertain a
person's ability to pay a claim, fine or judgment obtained against him
by the United States Government.
94. Research matters. This classification concerns all general
correspondence of the FBI with private individuals which does not
involve any substantive violation of Federal law.
95. Laboratory Cases (Examination of Evidence in Other Than Bureau's
Cases). The classification concerns non-FBI cases where a duly
constituted State, county or a municipal law enforcement agency in a
criminal matter has requested an examination of evidence by the FBI
Laboratory.
96. Alien Applicant (obsolete). Title 10, United States Code, Section
310.
97. Foreign Agents Registration Act. Title 18, United States Code,
Section 951; Title 22, United States Code, Sections 611-621; Title 50,
United States Code, Sections 851-857.
98. Sabotage. Title 18, United States Code, Sections 2151-2156; Title
50, United States Code, Section 797.
99. Plant Survey (obsolete). This classification covers a program
wherein the FBI inspected industrial plants for the purpose of making
suggestions to the operations of those plants to prevent espionage and
sabotage.
100. Domestic Security. This classification covers investigations by
the FBI in the domestic security field, e.g., Smith Act violations
101. Hatch Act (obsolete). Pub. L. 252, 76th Congress.
102. Voorhis Act, Title 18, United States Code, Section 1386
103. Interstate Transportation of Stolen Livestock, Title 18, United
States Code, Sections 667, 2311, 2316 and 2317.
104. Servicemen's Dependents Allowance Act of 1942 (obsolete). Pub. L.
625, 77th Congress, Sections 115-119.
105. Foreign Counterintelligence Matters. Attorney General Guidelines
on Foreign Counterintelligence. Executive Order 11905.
106. Alien Enemy Control; Escaped Prisoners of War and Internees,
1944-55 (obsolete). Suspects were generally suspected escaped
prisoners of war, members of foreign organizations, failed to register
under the Alien Registration Act. Cases ordered closed by Attorney
General after alien enemies returned to their respective countries
upon termination of hostilities.
107. Denaturalization Proceedings (obsolete). This classification
covers investigation concerning allegations that an individual
fraudulently swore allegiance to the United States or in some other
manner illegally obtained citizenship to the U.S. Title 8, United
States Code, Section 738.
108. Foreign Travel Control (obsolete). This classification concerns
security-type investigations wherein the subject is involved in
foreign travel.
109. Foreign Political Matters. This classification is a control file
utilized as a repository for intelligence information concerning
foreign political matters broken down by country.
110. Foreign Economic Matters. This classification is a control file
utilized as a repository for intelligence information concerning
foreign economic matters broken down by country.
111. Foreign Social Conditions. This classification is a control file
utilized as a repository for intelligence information concerning
foreign social conditions broken down by county.
112. Foreign Funds. This classification is a control file utilized as
a repository for intelligence information concerning foreign funds
broken down by country.
113. Foreign Military and Naval Matters. This classification is a
control file utilized as a repository for intelligence information
concerning foreign military and naval matters broken down by country.
114. Alien Property Custodian Matter (obsolete). Title 50, United
States Code, Sections 1 through 38. This classification covers
investigations concerning ownership and control of property subject to
claims and litigation under this statute.
115. Bond Default; Bail Jumper. Title 18, United States Code, Sections
3146-3152.
116. Department of Energy Applicant; Department of Energy, Employee.
This classification concerns background investigations conducted in
connection with employment with the Department of Energy.
117. Department of Energy, Criminal. Title 42, United States Code,
Sections 2011-2281; Pub. L. 93-438.
118. Applicant, Intelligence Agency (obsolete). This classification
covers applicant background investigations conducted of persons under
consideration for employment by the Central Intelligence Group.
119. Federal Regulation of Lobbying Act. Title 2, United States Code,
Sections 261-270.
120. Federal Tort Claims Act, Title 28, United States Code, Sections
2671 to 2680. Investigations are conducted pursuant to specific
request from the Department of Justice in connection with cases in
which the Department of Justice represents agencies sued under the
Act.
121. Loyalty of Government Employees (obsolete). Executive Order 9835.
122. Labor Management Relations Act, 1947. Title 29, United States
Code, Sections 161, 162, 176-178 and 186.
123. Section inquiry, State Department, Voice of America (U.S.
Information Center) (Pub. L. 402, 80th Congress) (obsolete). This
classification covers loyalty and security investigations on personnel
employed by or under consideration for employment for Voice of
America.
124. European Recovery Program Administration), formerly Foreign
Operations Administration, Economic Cooperation Administration or
E.R.P., European Recovery Programs; A.I.D. Agency for International
Development (obsolete). This classification covers security and
loyalty investigation of personnel employed by or under consideration
for employment with the European Recovery Program, Pub. L. 472, 80th
Congress.
125. Railway Labor Act; Railway Labor Act--Employer's Liability Act
Title 45, United States Code, Sections 151-163 and 181-188.
126. National Security Resources Board, Special Inquiry (obsolete).
This classification covers loyalty investigations on employees and
applicants of the National Security Resources Board.
127. Sensitive Positions in the United States Government, Pub. L. 266
(obsolete). Pub. L. 81st Congress.
128. International Development Program (Foreign Operations
Administration) (obsolete). This classification covers background
investigations conducted on individuals who are to be assigned to
duties under the International Development Program.
129. Evacuation Claims (obsolete). Pub. L. 886, 80th Congress.
130. Special Inquiry. Armed Forces Security Act (obsolete). This
classification covers applicant-type investigations conducted for the
Armed Forces security agencies.
131. Admiralty Matter. Title 46, United States Code, Sections 741-752
and 781-799.
132. Special Inquiry, Office of Defense Mobilization (obsolete). This
classification covers applicant-type investigations of individuals
associated with the Office of Defense Mobilization.
133. National Science Foundation Act, Applicant (obsolete). Pub. L.
507, 81st Congress.
134. Foreign Counterintelligence Assets. This classification concerns
individuals who provide information to the FBI concerning Foreign
Counterintelligence matters.
135. PROSAB (Protection of Strategic Air Command Bases of the U.S. Air
Force (obsolete). This classification covered contacts with
individuals with the aim to develop information useful to protect
bases of the Strategic Air Command.
136. American Legion Contact (obsolete). This classification covered
liaison contracts with American Legion offices.
137. Informants. Other than Foreign Counterintelligence Assets. This
classification concerns individuals who furnish information to the FBI
concerning criminal violations on a continuing and confidential basis.
138. Loyalty of Employees of the United Nations and Other Public
International Organizations. This classification concerns FBI
investigations based on referrals from the Office of Personnel
Management wherein a question or allegation has been received
regarding the applicant's loyalty to the U.S. Government as described
in Executive Order 10422.
139. Interception of Communications (Formerly, Unauthorized
Publication or Use of Communications). Title 47, United States Code,
Section 605; Title 47, United States Code, Section 501; Title 18,
United States Code, Sections 2510-2513.
140. Security of Government Employees; Fraud Against the Government,
Executive Order 10450.
141. False Entries in Records of Interstate Carriers. Title 47, United
States Code, Section 220; Title 49, United States Code, Section 20.
142. Illegal Use of Railroad Pass. Title 49, United States Code,
Section 1.
143. Interstate Transport of Gambling Devices. Title 15, United States
Code, Sections 1171 through 1180.
144. Interstate Transportation of Lottery Tickets. Title 18, United
States Code, Section 1301.
145. Interstate Transportation of Obscene Materials. Title 18, United
States Code, Sections 1462, 1464, and 1465.
146. Interstate Transportation of Prison-Made Goods. Title 18, United
States Code, Sections 1761 and 1762.
147. Fraud Against the Government--Department of Housing and Urban
Development, Matters. Title 18, United States Code, Sections 657, 709,
1006, and 1010; Title 12, United States Code, Sections 1709 and 1715.
148. Interstate Transportation of Fireworks. Title 18, United States
Code, Section 836.
149. Destruction of Aircraft or Motor Vehicles. Title 18, United
States Code, Section 31-35.
150. Harboring of Federal Fugitives, Statistics (obsolete).
151. (Referral cases received from the Office of Personnel Management
under Pub. L. 298). Agency for International Development; Department
of Energy; National Aeronautics and Space Administration; National
Science Foundation; Peace Corps; Action; U.S. Arms Control and
Disarmament Agency; World Health Organization; International Labor
Organization; International Communications Agency. This classification
covers referrals from the Office of Personnel Management where an
allegation has been received regarding an applicant's loyalty to the
U.S. Government. These referrals refer to applicants from Peace Corps;
Department of Energy, National Aeronautics and Space Administration,
Nuclear Regulatory Commission, United States Arms Control and
Disarmament Agency and the International Communications Agency.
152. Switchblade Knife Act. Title 15, United States Code, Sections
1241-1244.
153. Automobile Information Disclosure Act. Title 15, United States
Code. Sections 1231-1233.
154. Interstate Transportation of Unsafe Refrigerators. Title 15,
United States Code, Sections 1211-1214.
155. National Aeronautics and Space Act of 1958. Title 18, United
States Code, Section 799.
156. Employee Retirement Income Security Act. Title 29, United States
Code, Sections 1021-1029, 1111, 1131, and 1141; Title 18, United
States Code, Sections 644, 1027, and 1954.
157. Civil Unrest. This classification concerns FBI responsibility for
reporting information on civil disturbances or demonstrations. The
FBI's investigative responsibility is based on the Attorney General's
Guidelines for Reporting on Civil Disorders and Demonstrations
Involving a Federal Interest which became effective April 5, 1976.
158. Labor-Management Reporting and Disclosure Act of 1959 (Security
Matter) (obsolete). Pub. L. 86-257, Section 504.
159. Labor-Management Reporting and Disclosure Act of 1959
(Investigative Matter). Title 29, United States Code, Sections 501,
504, 522, and 530.
160. Federal Train Wreck Statute. Title 18, United States Code,
Section 1992.
161. Special Inquiries for White House, Congressional Committee and
Other Government Agencies. This classification covers investigations
requested by the White House. Congressional committees or other
Government agencies.
162. Interstate Gambling Activities. This classification covers
information acquired concerning the nature and scope of illegal
gambling activities in each field office.
163. Foreign Police Cooperation. This classification covers requests
by foreign police for the FBI to render investigative assistance to
such agencies.
164. Crime Aboard Aircraft. Title 49, United States Code, Sections
1472 and 1473.
165. Interstate Transmission of Wagering Information. Title 18, United
States Code, Section 1065.
166. Interstate Transportation in Aid of Racketeering. Title 18,
United States Code, Section 1952.
167. Destruction of Interstate Property. Title 15, United States Code,
Sections 1281 and 1282.
168. Interstate Transportation of Wagering Paraphernalia. Title 18,
United States Code, Section 1953.
169. Hydraulic Brake Fluid Act (obsolete); 76 Stat. 437, Pub. L. 87-
637.
170. Extremist Informants (obsolete). This classification concerns
individuals who provided information on a continuing basis on various
extremist elements.
171. Motor Vehicle Seat Belt Act (obsolete). Pub. L. 88-201, 80th
Congress.
172. Sports Bribery. Title 18, United States Code, Section 244.
173. Public Accommodations. Civil Rights Act of 1964 Public
Facilities; Civil Rights Act of 1964 Public Education; Civil Rights
Act of 1964 Employment; Civil Rights Act of 1964. Title 42, United
States Code, Section 2000; Title 18, United States Code, Section 245.
174. Explosives and Incendiary Devices; Bomb Threats (Formerly Bombing
Matters; Bombing Matters, Threats). Title 18, United States Code,
Section 844.
175. Assaulting, Kidnapping or Killing the President (or Vice
President) of the United States. Title 18, United States Code, Section
1751.
176. Anti-riot Laws. Title 18, United States Code, Section 245.
177. Discrimination in Housing. Title 42, United States Code, Sections
3601-3619 and 3631.
178. Interstate Obscene or Harassing Telephone Calls. Title 47, United
States Code, Section 223.
179. Extortionate Credit Transactions. Title 18, United States Code,
Sections 891-896.
180. Desecration of the Flag. Title 18, United States Code, Section
700.
181. Consumer Credit Protection Act. Title 15, United States Code,
Section 1611.
182. Illegal Gambling Business: Illegal Gambling Business,
Obstruction; Illegal Gambling Business Forfeiture. Title 18, United
States Code, Section 1955; Title 18, United States Code, Section 1511.
183. Racketeer, Influence and Corrupt Organizations. Title 18, United
States Code, Sections 1961-1968.
184. Police Killings. This classification concerns investigations
conducted by the FBI upon written request from local Chief of Police
or duty constituted head of the local agency to actively participate
in the investigation of the killing of a police officer. These
investigations are based on a Presidential Directive dated June 3,
1971.
185. Protection of Foreign Officials and Officials Guests of the
United States. Title 18, United States Code, Sections 112, 970, 1116,
1117, and 1201.
186. Real Estate Settlement Procedures Act of 1974. Title 12, United
States Code, Section 2602; Title 12, United States Code, Section 2606,
and Title 12, United States Code, Section 2607.
187. Privacy Act of 1974, Criminal. Title 5, United States Code,
Section 552a.
188. Crime Resistance. This classification covers FBI efforts to
develop new or improved approaches, techniques, systems, equipment and
devices to improve and strengthen law enforcement as mandated by the
Omnibus Crime Control and Safe Streets Action of 1968.
189. Equal Credit Opportunity Act. Title 15, United States Code,
Section 1691.
190. Freedom of Information/Privacy Acts. This classification covers
the creation of a correspondence file to preserve and maintain
accurate records concerning the handling of requests for records
submitted pursuant to the Freedom of Information--Privacy Acts.
191. False Identity Matters. (obsolete) This classification covers the
FBI's study and examination of criminal elements' efforts to create
false identities.
192. Hobbs Act--Financial Institutions; Commercial Institutions
Armored Carrier. Title 18, United States Code, Section 1951.
193. Hobbs Act--Commercial Institutions (obsolete). Title 18, United
States Code, Section 1951; Title 47, United States Code, Section 506.
194. Hobbs Act--Corruption of Public Officials. Title 18, United
States Code, Section 1951.
195. Hobbs Act--Labor Related. Title 18, United States Code, Section
1951.
196. Fraud by Wire. Title 18, United States Code, Section 1343.
197. Civil Actions or Claims Against the Government. This
classification covers all civil suits involving FBI matters and most
administrative claims filed under the Federal Tort Claims Act arising
from FBI activities.
198. Crime on Indian Reservations. Title 18, United States Code,
Sections 1151, 1152, and 1153.
199. Foreign Counterintelligence--Terrorism. Attorney General
Guidelines on Foreign Counterintelligence. Executive Order 11905.
200. Foreign Counterintelligence Matters. Attorney General Guidelines
on Foreign Counterintelligence. Executive Order 11905.
201. Foreign Counterintelligence Matters. Attorney General Guidelines
on Foreign Counterintelligence. Executive Order 11905.
202. Foreign Counterintelligence Matters. Attorney General Guidelines
on Foreign Counterintelligence. Executive Order 11905.
203. Foreign Counterintelligence Matters. Attorney General Guidelines
on Foreign Counterintelligence. Executive Order 11905.
204. Federal Revenue Sharing. This classification covers FBI
investigations conducted where the Attorney General has been
authorized to bring civil action whenever he has reason to believe
that a pattern or practice of discrimination in disbursement of funds
under the Federal Revenue Sharing status exists.
205. Foreign Corrupt Practices Act of 1977. Title 15, United States
Code, Section 78.
206. Fraud Against the Government--Department of Defense, Department
of Agriculture, Department of Commerce, Community Services
Organization, Department of Transportation. (See classification 46
(supra) for a statutory authority for this and the four following
classifications.)
207. Fraud Against the Government--Environmental Protection Agency,
National Aeronautics and Space Administration, Department of Energy,
Department of Transportation.
208. Fraud Against the Government--General Services Administration.
209. Fraud Against the Government--Department of Health and Human
Services (Formerly Department of Health, Education, and Welfare).
210. Fraud Against the Government--Department of Labor.
211. Ethics in Government Act of 1978, Title VI (Title 28, Sections
591-596).
212. Foreign Counterintelligence--Intelligence Community Support. This
is an administrative classification for the FBI's operational and
technical support to other Intelligence Community agencies.
213. Fraud Against the Government--Department of Education.
214. Civil Rights of Institutionalized Persons Act (Title 42, United
States Code, Section 1997).
215. Foreign Counterintelligence Matters. Attorney General Guidelines
on Foreign Counterintelligence. Executive Order 11905.
216. thru 229. Foreign Counterintelligence Matters. (Same authority as
215)
230. thru 240. FBI Training Matters.
241. DEA Applicant Investigations.
242. Automation Matters.
243. Intelligence Identities Protection Act of 1982.
244. Hostage Rescue Team.
245. Drug Investigative Task Force.
246 thru 248. Foreign Counterintelligence Matters. (Same authority as
215.)
249. Environmental Crimes--Investigations involving toxic or hazardous
waste violations.
250. Tampering With Consumer Products (Title 18, U.S. Code, Section
1395)
251. Controlled Substance-- Robbery;--Burglary (Title 18, U.S. Code,
Section 2118).
252. Violent Crime Apprehension Program (VICAP). Case folders
containing records relevant to the VICAP Program, in conjunction with
the National Center for the Analysis of Violent Crime Record System at
the FBI Academy; Quantico, Virginia.
253. False Identification Crime Control Act of 1982 (Title 18, U.S.
Code, Section 1028--Fraud and Related Activity in Connection With
Identification Documents, and Section 1738--Mailing Private
Identification Documents Without a Disclaimer).
254. Destruction of Energy Facilities (Title 18, U.S. Code, Section
1365) relates to the destruction of property of nonnuclear energy
facilities.
255. Counterfeiting of State and Corporate Securities (Title 18, U.S.
Code, Section 511) covers counterfeiting and forgery of all forms of
what is loosely interpreted as securities.
256. Hostage Taking--Terrorism (Title 18, U.S. Code, Section 1203)
prohibits taking of hostage(s) to compel third party to do or refrain
from doing any act.
257. Trademark Counterfeiting Act (Title 18, United States Code,
Section 2320) covers the international trafficking in goods which bear
a counterfeited trademark.
258. Credit Card Fraud Act of 1984 (Title 18, United States Code,
Section 1029) covers fraud and related activities in connection with
access devices (credit and debit cards).
259. Security Clearance Investigations Program. (Same authority as
215).
260. Industrial Security Program. (Same authority as 215.)
261. Security Officer Matters. (Same authority as 215.)
262. Overseas Homicide (Attempted Homicide--International Terrorism).
Title 18, United States Code, Section 2331.
263. Office of Professional Responsibility Matters.
264. Computer Fraud and Abuse Act of 1986. Electronic Communications
Privacy Act of 1986. Title 18, United States Code, Section 1030; Title
18, United States Code, Section 2701.
265. Acts of Terrorism in the United States--International Terrorist.
(Followed by predicate offense from other classification.)
266. Acts of Terrorism in the United States--Domestic Terrorist.
(Followed by predicate offense from other classification.)
267. Drug-Related Homicide. Title 21, U.S. Code, Section 848(e).
268. Engineering Technical Matters--FCI.
269. Engineering Technical Matters--Non-FCI.
270. Cooperative Witnesses.
271. Foreign Counterintelligence Matters. Attorney General Guidelines
on Foreign Counterintelligence. Executive Order 11905.
272. Money Laundering. Title 18, U.S. Code, Sections 1956 and 1957.
273. Adoptive Forfeiture Matter--Drug. Forfeiture based on seizure of
property by state, local or other Federal authority.
274. Adoptive Forfeiture Matter--Organized Crime. (Same explanation as
273.)
275. Adoptive Forfeiture Matter--White Collar Crime. (Same explanation
as 273.)
276. Adoptive Forfeiture Matter--Violent Crime/Major Offenders
Program. (Same explanation as 273.)
277. Adoptive Forfeiture Matter--Counterterrorism Program. (Same
explanation as 273.)
278. Presidents Intelligence Oversight Board. Executive Order 12334.
279. Biological Weapons Anti-Terrorism Act of 1989. (Title 18, U.S.
Code, Sections 175-179).
280. Equal Employment Opportunity Investigations.
281. Organized Crime Drug Investigations.
Records Maintained in FBI Field Divisions--FBI field divisions
maintain for limited periods of time investigative, administrative and
correspondence records, including files, index cards and related
material, some of which are duplicated copies of reports and similar
documents forwarded to FBI Headquarters. Most investigative activities
conducted by FBI field divisions are reported to FBI Headquarters at
one or more stages of the investigation. There are, however,
investigative activities wherein no reporting was made to FBI
Headquarters, e.g., pending cases not as yet reported and cases which
were closed in the field division for any of a number of reasons
without reporting to FBI Headquarters.
Duplicate records and records which extract information reported in
the main files are also kept in the various divisions of the FBI to
assist them in their day-to-day operation. These records are lists of
individuals which contain certain biographic data, including physical
description and photograph. They may also contain information
concerning activities of the individual as reported to FBIHQ by the
various field offices. The establishment of these lists is
necessitated by the needs of the Division to have immediate access to
pertinent information duplicative of data found in the central records
without the delay caused by a time-consuming manual search of central
indices. The manner of segregating these individuals varies depending
on the particular needs of the FBI Division. The information
pertaining to individuals who are a part of the list is derivative of
information contained in the Central Records System. These duplicative
records fall into the following categories:
(1) Listings of individuals used to assist in the location and
apprehension of individuals for whom legal process is outstanding
(fugitives):
(2) Listings of individuals used in the identification of particular
offenders in cases where the FBI has jurisdiction. These listings
include various photograph albums and background data concerning
persons who have been formerly charged with a particular crime and who
may be suspect in similar criminal activities; and photographs of
individuals who are unknown but suspected of involvement in a
particular criminal activity, for example, bank surveillance
photographs:
(3) Listings of individuals as part of an overall criminal
intelligence effort by the FBI. This would include photograph albums,
lists of individuals known to be involved in criminal activity,
including theft from interstate shipment, interstate transportation of
stolen property, and individuals in the upper echelon of organized
crime:
(4) Listings of individuals in connection with the FBI's mandate to
carry out Presidential directives on January 8, 1943, July 24, 1950,
December 15, 1953, and February 18, 1976, which designated the FBI to
carry out investigative work in matters relating to espionage,
sabotage, and foreign counterintelligence. These listings may include
photograph albums and other listings containing biographic data
regarding individuals. This would include lists of identified and
suspected foreign intelligence agents and informants:
(5) Special indices duplicative of the central indices used to access
the Central Records System have been created from time to time in
conjunction with the administration and investigation of major cases.
This duplication and segregation facilitates access to documents
prepared in connection with major cases.
In recent years, as the emphasis on the investigation of white collar
crime, organized crime, and hostile foreign intelligence operations
has increased, the FBI has been confronted with increasingly
complicated cases, which require more intricate information processing
capabilities. Since these complicated investigations frequently
involve massive volumes of evidence and other investigative
information, the FBI uses its computers, when necessary to collate,
analyze, and retrieve investigative information in the most accurate
and expeditious manner possible. It should be noted that this
computerized investigative information, which is extracted from the
main files or other commercial or governmental sources, is only
maintained as necessary to support the FBI's investigative activities.
Information from these internal computerized subsystems of the
``Central Records System'' is not accessed by any other agency. All
disclosures of computerized information are made in printed form or
other appropriate format, in accordance with the routine uses which
are set forth below and in compliance with applicable security
requirements.
Records also are maintained on a temporary basis relevant to the FBI's
domestic police cooperating program, where assistance in obtaining
information is provided to state and local police agencies.
Also, personnel type information, dealing with such matters as
attendance and production and accuracy requirements is maintained by
some divisions.
(The following chart identifies various listings or indexes maintained
by the FBI which have been or are being used by various divisions of
the FBI in their day-to-day operations. The chart identifies the list
by name, description and use, and where maintained, i.e. FBI
Headquarters and/or Field Office. The number in parentheses in the
field office column indicates the number of field offices which
maintain these indices. The chart indicates, under ``status of
index,'' those indexes which are in current use (designated by the
word ``active'') and those which are no longer being used, although
maintained (designated by the word ``inactive''). There are 27
separate indices which are classified in accordance with existing
regulations and are not included in this chart. The following indices
are no longer being used by the FBI and are being maintained at FBIHQ
pending receipt of authority to destroy: Black Panther Party Photo
Index; Black United Front Index; Security Index; and Wounded Knee
Album.)
----------------------------------------------------------------------------------------------------------------
Maintained at--
Title of index Description and use Status of index ---------------------------------
Headquarters Field office
----------------------------------------------------------------------------------------------------------------
Administrative Index (ADEX)......... Consists of cards with Inactive....... Yes............ Yes (29).
descriptive data on
individuals who were
subject to
investigation in a
national emergency
because they were
believed to constitute
a potential or active
threat to the internal
security of the United
States. When ADEX was
started in 1971, it
was made up of people
who were formerly on
the Security Index,
Reserve Index, and
Agitator Index. This
index is maintained in
two separate locations
in FBI Headquarters.
ADEX was discontinued
in January 1978.
Anonymous Letter File............... Consists of photographs Active......... Yes............ No.
of anonymous
communications and
extortionate credit
transactions,
kidnapping, extortion
and threatening
letters.
Associates of DEA Class I Narcotics Consists of a computer Active......... Yes............ Yes (56).
Violators Listing. listing of individuals
whom DEA has
identified as
associates of Class I
Narcotics Violators.
Background Investigation Index-- Consists of cards on Active......... Yes............ No.
Department of Justice. persons who have been
the subject of a full
field investigation in
connection with their
consideration of
employment in
sensitive positions
with Department of
Justice, such as U.S.
Attorney, Federal
judges, or a high
level Department
position.
Background Investigation Index-- Consists of cards on Active......... Yes............ No.
White House, Other Executive persons who have been
Agencies, and Congress. the subject of a full
field investigation in
connection with their
consideration for
employment in
sensitive positions
with the White House,
Executive agencies
(other than the
Department of Justice)
and the Congress.
Bank Fraud and Embezzlement Index... Consists of individuals Active......... No............. Yes (1).
who have been the
subject of ``Bank
Fraud and
Embezzlement''
investigation. This
file is used as an
investigative aid.
Bank Robbery Album.................. Consists of photos of Active......... No............. Yes (47).
bank robbers,
burglars, and larceny
subjects. In some
field offices at will
also contain pictures
obtained from local
police departments of
known armed robbers
and thus potential
bank robbers. The
index is used to
develop investigative
leads in bank robbery
cases and may also be
used to show to
witnesses of bank
robberies. It is
usually filed by race,
height, and age. This
index is also
maintained in one
resident agency (a
suboffice of a field
office).
Bank Robbery Nickname index......... Consists of nicknames Active......... No............. Yes (1).
used by known bank
robbers. The index
card on each would
contain the real name
and method of
operation and are
filed in alphabetical
order.
Bank Robbery Note File.............. Consists of photographs Active......... Yes............ No.
of notes used in bank
robberies in which the
suspect has been
identified. This index
is used to help solve
robberies in which the
subject has not been
identified but a note
was left. The role is
compared with the
index to try to match
the sentence structure
and handwriting for
the purpose of
identifying possible
suspects.
Bank Robbery Suspect Index.......... Consists of a control Active......... No............. Yes (33).
file or index cards
with photos, if
available, of bank
robbers or burglars.
In some field offices
these people may be
part of a bank robbery
album. This index is
generally maintained
and used in the same
manner as the bank
robbery album.
Car Ring Case Photo Album........... Consists of photos of Active......... No............. Yes (3).
subjects and suspects
involved in a large
car theft ring
investigation. It is
used as an
investigative aid.
Car Ring Case Photo Album and Index. Consists of photos of Active......... No............. Yes (1).
subjects and suspects
involved in a large
car theft ring
investigation. The
card index maintained
in addition to the
photo album contains
the names and
addresses appearing on
fraudulent title
histories for stolen
vehicles. Most of
these names appearing
on these titles are
fictitious. But the
photo album and card
indexes are used as an
investigative aid.
Car Ring Case Toll Call Index....... Consists of cards with Active......... No............. Yes (2).
information on persons
who subscribe to
telephone numbers to
which toll calls have
been placed by the
major subjects of a
large car theft ring
investigation. It is
maintained numerically
by telephone number.
It is used to
facilitate the
development of
probably cause for a
court-approved wiretap.
Car Ring Theft Working Index........ Contains cards on Active......... Yes............ No.
individuals involved
in car ring theft
cases on which the FBI
Laboratory is doing
examination work.
Cartage Album....................... Consists of photos with Active......... No............. Yes (3).
descriptive data of
individuals who have
been convicted of
theft from interstate
shipment or interstate
transportation of
stolen property where
there is a reason to
believe they may
request the offense.
It is used in
investigating the
above violations.
Channelizing Index.................. Consists of cards with Active......... No............. Yes (9).
the names and case
file numbers of people
who are frequently
mentioned in
information reports.
The index is used to
facilitate the
distributing or
channeling of
information reports to
appropriate files.
Check Circular File................. Consists of fliers Active......... Yes............ Yes (43).
numerically in a
control file on
fugitives who are
notorious fraudulent
check passers and who
are engaged in a
continuing operation
of passing checks. The
fliers which include
the subject's name,
photo, a summary of
the subject's method
of operation and other
identifying data is
used to alert other
FBI field offices and
business
establishments which
may be the victims of
bad checks.
Computerized Telephone Number File Consists of a computer Active......... Yes............ No.
(CTNF) Intelligence. listing of telephone
numbers (and
subscribers' names and
addresses) utilized by
subjects and/or
certain individuals
which come to the
FBI's attention during
major investigations.
During subsequent
investigations,
telephone numbers,
obtained through
subpoena, are matched
with the telephone
numbers on file to
determine connections
or associations.
Con Man Index....................... Consists of Active......... Yes............ No.
computerized names of
individuals, along
with company
affiliation, who
travel nationally and
internationally while
participating in large-
dollar-value financial
swindles.
Confidence Game (Flim Flam) Album... Consists of photos with Active......... No............. Yes (4).
descriptive
information on
individuals who have
been arrested for
confidence games and
related activities. It
is used as an
investigative aid.
Copyright Matters Index............. Consists of cards of Active......... No............. Yes (1).
individuals who are
film collectors and
film titles. It is
used as a reference in
the investigation of
copyright matters.
Criminal Intelligence Index......... Consists of cards with Active......... No............. Yes (2).
name and file number
of individuals who
have become the
subject of an
antiracketeering
investigation. The
index is used as a
quick way to ascertain
file numbers and the
correct spelling of
names. This index is
also maintained in one
resident agency.
Criminal Informant Index............ Consists of cards Active......... Yes............ No.
containing identity
and brief background
information on all
active and inactive
informants furnishing
information in the
criminal area.
DEA Class 1 Narcotics Violators Consists of a computer Active......... Yes............ Yes (56).
Listing. listing of narcotic
violators--persons
known to manufacture,
supply, or distribute
large quantities of
illicit drugs--with
background data. It is
used by the FBI in
their role of
assisting DEA in
disseminating
intelligence data
concerning illicit
drug trafficking. This
index is also
maintained in two
resident agencies.
Deserter Index...................... Contains cards with the Active......... No............. Yes (4).
names of individuals
who are known military
deserters. It is used
as an investigative
aid.
False Identities Index.............. Contains cards with the Inactive....... Yes............ No.
names of deceased
individuals whose
birth certificates
have been obtained by
other persons for
possible false
identification uses
and in connection with
which the FBI
laboratory has been
requested to perform
examinations.
False Identities List............... Consists of a listing Inactive....... No............. Yes (31).
of names of deceased
individuals whose
birth certificates
have been obtained
after the person's
death, and thus whose
names are possibly
being used for false
identification
purposes. The listing
is maintained as part
of the FBI's program
to find persons using
false identities for
illegal purposes.
False Identity Photo Album.......... Consists of names and Inactive....... No............. Yes (2).
photos of people who
have been positively
identified as using a
false identification.
This is used as an
investigative aid in
the FBI's
investigation of false
identities.
FBI/Inspector General (IG) Case Consists of Active......... Yes............ No.
Pointer System (FICPS). computerized listing
of individual names of
organizations which
are the subject of
active and inactive
fraud investigations,
along with the name of
the agency conducting
the investigation.
Data is available to
IG offices throughout
the federal government
to prevent duplication
of investigative
activity.
FBI Wanted Persons Index............ Consists of cards on Active......... Yes............ No.
persons being sought
on the basis of
Federal warrants
covering violations
which fall under the
jurisdiction of the
FBI. It is used as a
ready reference to
identify those
fugitives.
Foreign Counterintelligence (FCI)... Consists of cards with Active......... Yes............ No.
identity background
data on all active and
inactive operational
and informational
assets in the foreign
counterintelligence
field. It is used as a
reference aid on the
FCI Asset program.
Fraud Against the Government Index.. Consists of individuals Active......... No............. Yes (1).
who have been the
subject of a ``fraud
against the
Government''
investigation. It is
used as investigative
aid.
Fugitive Bank Robbers File.......... Consists of fliers on Active......... Yes............ Yes (43).
bank robbery fugitives
filed sequentially in
a control file. FBI
Headquarters
distributes to the
field offices fliers
on bank robbers in a
fugitive status for 15
or more days to
facilitate their
location.
General Security Index.............. Contains cards on all Active......... No............. Yes (1).
persons that have been
the subject of a
security
classification
investigation by the
FBI field office.
These cards are used
for general reference
purposes.
Hoodlum License Plate Index......... Consists of cards with Active......... No............. Yes (3).
the license plates
numbers and
descriptive data on
known hoodlums and
cars observed in the
vicinity of hoodlum
homes. It is used for
quick identification
of such person in the
course of
investigation. The one
index which is not
fully retrievable in
maintained by a
resident agency.
Identification Order Fugitive Flier Consists of fliers Active......... Yes............ Yes (49).
File. numerically in a
control file. When
immediate leads have
been exhausted in
fugitive
investigations and a
crime of considerable
public interest has
been committed, the
fliers are given wide
circulation among law
enforcement agencies
throughout the United
States and are posted
in post offices. The
fliers contain the
fugitive's photograph,
fingerprints, and
description.
Informant Index..................... Consists of cards with Active......... No............. Yes (56).
the name, symbol
numbers, and brief
background information
on the following
categories of active
and inactive
informants, top
echelon criminal
informants, security
informants, criminal
information,
operational and
informational assets,
extremist informants
(discontinued), plant
informant--informants
on and about certain
military basis
(discontinued), and
potential criminal
informants.
Informants in Other Field Offices, Consist of cards with Active......... No............. Yes (15).
Index of. names and/or symbol
numbers of informants
in other FBI field
offices that are in a
position to furnish
information that would
also be included on
the index card.
Interstate Transportation of Stolen Consists of photos and Active......... No............. Yes (1).
Aircraft Photo Album. descriptive data on
individuals who are
suspects known to have
been involve in
interstate
transportation of
stolen aircraft. It is
used as an
investigative aid.
IRS Wanted List..................... Consists of one-page Active......... No............. Yes (11).
fliers from IRS on
individuals with
background information
who are wanted by IRS
for tax purposes. It
is used in the
identification of
persons wanted by IRS.
Kidnapping Book..................... Consists of data, filed Active......... Yes............ No (4).
chronologically, on
kidnappings that have
occurred since the
early fifties. The
victims' names and the
suspects, if known,
would be listed with a
brief description of
the circumstances
surrounding the
kidnapping. The file
is used as a reference
aid in matching up
prior methods of
operation in unsolved
kidnapping cases.
Known Check Passers Album........... Consists of photos with Active......... No............. Yes (4).
descriptive data of
persons known to pass
stolen, forged, or
counterfeit checks. It
is used as an
investigative aid.
Known Gambler Index................. Consists of cards with Active......... No............. Yes (5).
names, descriptive
data, and sometimes
photos of individuals
who are known
bookmakers and
gamblers. The index is
used in organized
crime and gambling
investigations.
Subsequent to GAO's
review, and at the
recommendation of the
inspection team at one
of the two field
offices where the
index was destroyed
and thus is not
included in the total.
La Cosa Nostra (LCN) Membership Contains cards on Active......... Yes............ Yes (55).
Index. individuals having
been identified as
members of the LCN
index. The cards
contain personal data
and pictures. The
index is used solely
by FBI agents for
assistance in
investigating
organized crime
matters.
Leased Line Letter Request Index.... Contains cards on Active......... Yes............ No.
individuals and
organizations who are
or have been the
subject of a national
security electronic
surveillance where a
leased line letter was
necessary. It is used
as an administrative
and statistical aid.
Mail Cover Index.................... Consists of cards Active......... Yes............ No.
containing a record of
all mail covers
conducted on
individuals and groups
since about January
1973. It is used for
reference in preparing
mail cover requests.
Military Deserter Index............. Consists of cards Active......... Yes............ No.
containing the names
of all military
deserters where the
various military
branches have
requested FBI
assistance in
locating. It is used
as an administrative
aid.
National Bank Robbery Album......... Consists of fliers on Active......... Yes............ Yes (42).
bank robbery suspects
held sequentially in a
control file. When an
identifiable bank
camera photograph is
available and the case
has been under
investigation for 30
days without
identifying the
subject, FBIHQ sends a
flier to the field
offices to help
identify the subject.
National Fraudulent Check File...... Contains photographs of Active......... Yes............ No.
the signature on
stolen and counterfeit
checks. It is filed
alphabetically but
there is no way of
knowing the names are
real or fictitious.
The index is used to
help solve stolen
check cases by
matching checks
obtained in such cases
against the index to
identify a possible
suspect.
National Security Electronic Contains cards Inactive....... Yes............ No.
Surveillance Card File. recording electronic
surveillances
previously authorized
by the Attorney
General and previously
and currently
authorized by the
FISC; current and
previous assets in the
foreign
counterintelligence
field; and a
historical, inactive
section which contains
cards believed to
record nonconserted
physical entries in
national security
cases, previously toll
billings, mail covers
and leased lines. The
inactive section also
contains cards
reflecting previous
Attorney General
approvals and denials
for warrantless
electronic
surveillance in the
national security
cases.
Night Depository Trap Index......... Contains cards with the Active......... Yes............ No.
names of persons who
have been involved in
the theft of deposits
made in bank night
depository boxes.
Since these thefts
have involved various
methods, the FBI uses
the index to solve
such cases by matching
up similar methods to
identify possible
suspects.
Organized Crime Photo Album......... Consists of photos and Active......... No............. Yes (13).
background information
on individuals
involved in organized
crime activities. The
index is used as a
ready reference in
identifying organized
crime figures within
the field offices'
jurisdiction..
Photospread Identification Consists of photos of Active......... No............. Yes (14).
Elimination File. individuals who have
been subjects and
suspects in FBI
investigations. It
also includes photos
received from other
law enforcement
agencies. These
pictures can be used
to show witnesses of
certain crimes.
Prostitute Photo Album.............. Consists of photos with Active......... No............. Yes (4).
background data on
prostitutes who have
prior local or Federal
arrests for
prostitution. It is
used to identify
prostitutes in
connection with
investigations under
the White Slave
Traffic Act.
Royal Canadian Mounted Policy (RCMP) Consists of a control Active......... No............. Yes (17).
Wanted Circular File. file of individuals
with background
information of persons
wanted by the RCMP. It
is used to notify the
RCMP if an individual
is located.
Security Informant Index............ Consists of cards Active......... Yes............ No.
containing identity
and brief background
information on all
active and inactive
informants furnishing
information in the
criminal area.
Security Subjects Control Index..... Consists of cards Active......... No............. Yes (1).
containing the names
and case file numbers
of individuals who
have been subject to
security
investigations check.
It is used as a
reference source.
Security Telephone Number Index..... Contains cards with Active......... No............. Yes (1).
telephone subscriber
information subpoenaed
from the telephone
company in any
security
investigation. It is
maintained numerically
by the last three
digits in the
telephone number. It
is used for general
reference purposes in
security
investigations.
Selective Service Violators Index... Contains cards on Active......... Yes............ No.
individuals being
sought on the basis of
Federal warrants for
violation of the
Selective Service Act.
Sources of Information Index........ Consist of cards on Active......... No............. Yes (10).
individuals and
organizations such as
banks, motels, local
government that are
willing to furnish
information to the FBI
with sufficient
frequency to justify
listing for the
benefit of all agents.
It is maintained to
facilitate the use of
such sources.
Special Services Index.............. Contains cards of Active......... No............. Yes (28).
prominent individuals
who are in a position
to furnish assistance
in connection with FBI
investigative
responsibility.
Stolen Checks and Fraud by Wire Consists of cards on Active......... No............. Yes (1).
Index. individuals involved
in check and fraud by
wire violations. It is
used as an
investigative aid.
Stop Notices Index.................. Consists of cards on Active......... No............. Yes (43).
names of subjects or
property where the
field office has
placed a stop at
another law
enforcement agency or
private business such
as pawn shops in the
event information
comes to the attention
of that agency
concerning the subject
or property. This is
filed numerically by
investigative
classification. It is
used to insure that
the agency where the
stop is placed is
notified when the
subject is apprehended
or the property is
located or recovered.
Surveillance Locator Index.......... Consists of cards with Active......... No............. Yes (2).
basic data on
individuals and
businesses which have
come under physical
surveillance in the
city in which the
field office is
located. It is used
for general reference
purposes in
antiracketeering
investigations.
Telephone Number Index--Gamblers.... Contains information on Active......... No............. Yes (2).
persons identified
usually as a result of
a subpoena for the
names of subscribers
to particular
telephone numbers or
toll records for a
particular phone
number of area
gamblers and
bookmakers. The index
cards are filed by the
last three digits of
the telephone number.
The index is used in
gambling
investigations.
Telephone Subscriber and Toll Contains cards with Active......... No............. Yes (1).
Records Check Index. information on persons
identified as the
result of a formal
request or subpoena to
the phone company for
the identity of
subscribers to
particular telephone
numbers. The index
cards are filed by
telephone number and
would also include
identity of the
subscriber, billing
party's identity,
subscriber's address,
date of request from
the telephone company,
and file number.
Thieves, Couriers and Fences Photo Consists of photos and Active......... No............. Yes (4).
Index. background information
on individuals who are
or are suspected of
being thieves,
couriers, or fences
based on their past
activity in the area
of interstate
transportation of
stolen property. It is
used as an
investigative aid.
Toll Record Request Index........... Contains cards on Active......... Yes............ No.
individuals and
organizations on whom
toll records have been
obtained in national
security related cases
and with respect to
which FBIHQ had to
prepare a request
letter. It is used
primarily to
facilitate the
handling of repeat
requests on
individuals listed.
Top Burglar Album................... Consists of photos and Active......... No............. Yes (4).
background data of
known and suspect top
burglars involved in
the area of interstate
transportation of
stolen property. It is
used as an
investigative aid.
Top Echelon Criminal Informer Consists of cards Active......... Yes............ No.
Program (TECIP) Index. containing identity
and brief background
information on
individuals who are
either furnishing high
level information in
the organized crime
area or are under
development to furnish
such information. The
index is used
primarily to evaluate,
corroborate, and
coordinate informant
information and to
develop prosecutive
data against racket
figures under Federal,
State, and local
statutes.
Top Ten Program File................ Consists of fliers, Active......... Yes............ Yes (44).
filed numerically in a
control file, on
fugitives considered
by the FBI to be 1 of
the 10 most wanted.
Including a fugitive
of the top 10 usually
assures a greater
national news coverage
as well as nation-wide
circulation of the
flier.
Top Thief Program Index............. Consists of cards of Active......... No............. Yes (27).
individuals who are
professional burglars,
robbers, or fences
dealing in items
likely to be passed in
interstate commerce or
who travel interstate
to commit the crime.
Usually photographs
and background
information would also
be obtained on the
index card. The index
is used as an
investigative aid.
Truck Hijack Photo Album............ Contains photos and Active......... No............. Yes (4).
descriptive data of
individuals who are
suspected truck
hijackers. It is used
as an investigative
aid and for displaying
photos to witnesses
and/or victims to
identify unknown
subjects in hijacking
cases.
Truck Thief Suspect Photo Album..... Consists of photos and Active......... No............. Yes (1).
background data on
individuals previously
arrested or are
currently suspects
regarding vehicle
theft. The index is
used as an
investigative aid.
Traveling Criminal Photo Album...... Consists of photos with Active......... No............. Yes (1).
identifying data of
individuals convicted
of various criminal
offenses and may be
suspects in other
offenses. It is used
as an investigative
aid.
Veterans Administrative (VA)/Federal Consists of cards of Active......... No............. Yes (1).
Housing Administration Matters individuals who have
(FHA) Index. been subject of an
investigation relative
to VA and FHA matters.
It is used as an
investigative aid.
Wanted Fliers File.................. Consists of fliers, Active......... Yes............ Yes (46).
filed numerically in a
control file, on badly
wanted fugitives whose
apprehension may be
facilitated by a
flier. The flier
contains the names,
photographs, aliases,
previous convictions,
and a caution notice.
Wheeldex............................ Contains the nicknames Active......... No............. Yes (1).
and the case file
numbers of organized
crime members. It is
used in organized
crime investigations.
White House Special Index........... Contains cards on all Active......... Yes............ No.
potential White House
appointees, staff
members, guests, and
visitors that have
been referred to the
FBI by the White House
security office for a
records check to
identify any adverse
or derogatory
information. This
index is used to
expedite such check in
view of the tight
timeframe usually
required.
Witness Protection Program Index.... Contains cards on Active......... Yes............ No.
individuals who have
been furnished a new
identity by the U.S.
Justice Department
because of their
testimony in organized
crime trials. It is
used primarily to
notify the U.S.
Marshals Service when
information related to
the safety of a
protected witness
comes to the FBI's
attention.
----------------------------------------------------------------------------------------------------------------
Authority for maintenance of the system:
Federal Records Act of 1950, Title 44, United States Code, chapter 31,
section 3101; and title 36, Code of Federal Regulations, chapter XII,
require Federal agencies to insure that adequate and proper records
are made and preserved to document the organization, functions,
policies, decisions, procedures and transactions and to protect the
legal and financial rights of the Federal Government, title 28, United
States Code, section 534, delegates authority to the Attorney General
to acquire, collect, classify, and preserve identification, criminal
identification, crime and other records.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records, both investigative and administrative, are maintained in this
system in order to permit the FBI to function efficiently as an
authorized, responsive component of the Department of Justice.
Therefore, information in this system is disclosed to officials and
employees of the Department of Justice, and/or all components thereof,
who have need of the information in the performance of their official
duties.
Personal information from this system may be disclosed as a routine
use to any Federal agency where the purpose in making the disclosure
is compatible with the law enforcement purpose for which it was
collected, e.g., to assist the recipient agency in conducting a lawful
criminal or intelligence investigation, to assist the recipient agency
in making a determination concerning an individual's suitability for
employment and/or trustworthiness for employment and/or
trustworthiness for access clearance purposes, or to assist the
recipient agency in the performance of any authorized function where
access to records in this system is declared by the recipient agency
to be relevant to that function.
In addition, personal information may be disclosed from this system to
members of the Judicial Branch of the Federal Government in response
to a specific request, or at the initiation of the FBI, where
disclosure appears relevant to the authorized function of the
recipient judicial office or court system. An example would be where
an individual is being considered for employment by a Federal judge.
Information in this system may be disclosed as a routine use to any
state or local government agency directly engaged in the criminal
justice process, e.g., police, prosecution, penal, probation and
parole, and the judiciary, where access is directly related to a law
enforcement function of the recipient agency e.g. in connection with a
lawful criminal or intelligence investigation, or making a
determination concerning an individual's suitability for employment as
a state or local law enforcement employee or concerning a victim's
compensation under a state statute. Disclosure to a state or local
government agency, (a) not directly engaged in the criminal justice
process or (b) for a licensing or regulatory function, is considered
on an individual basis only under exceptional circumstances, as
determined by the FBI.
Information in this system pertaining to the use, abuse or traffic of
controlled substances may be disclosed as a routine use to federal,
state or local law enforcement agencies and to licensing or regulatory
agencies empowered to engage in the institution and prosecution of
cases before courts and licensing boards in matters relating to
controlled substances, including courts and licensing boards
responsible for the licensing or certification of individuals in the
fields of pharmacy and medicine.
Information in this system may be disclosed as a routine use in a
proceeding before a court of adjudicative body, e.g., the Equal
Employment Opportunity Commission and the Merit Systems Protection
Board, before which the FBI is authorized to appear, when (a) the FBI
or any employee thereof in his or her official capacity, or (b) any
employee in his or her individual capacity where the Department of
Justice has agreed to represent the employee, or (c) the United
States, where the FBI determines it is likely to be affected by the
litigation, is a party to litigation or has an interest in litigation
and such records are determined by the FBI to be relevant to the
litigation.
Information in this system may be disclosed as a routine use to an
organization or individual in both the public or private sector if
deemed necessary to elicit information or cooperation from the
recipient for use by the FBI in the performance of an authorized
activity. An example would be where the activities of an individual
are disclosed to a member of the public in order to elicit his/her
assistance in our apprehension or detection efforts.
Information in this system may be disclosed as a routine use to an
organization or individual in both the public or private sector where
there is reason to believe the recipient is or could become the target
of a particular criminal activity or conspiracy, to the extent the
information is relevant to the protection of life or property.
Information in this system may be disclosed to legitimate agency of a
foreign government where the FBI determines that the information is
relevant to that agency's responsibilities, and dissemination serves
the best interests of the U.S. Government, and where the purpose in
making the disclosure is compatible with the purpose for which the
information was collected.
Relevant information may be disclosed from this system to the news
media and general public where there exists a legitimate public
interest, e.g., to assist in the location of Federal fugitives, to
provide notification of arrests, and where necessary for protection
from imminent threat of life or property. This would include releases
of information in accordance with 28 CFR 50.2.
A record relating to an actual or potential civil or criminal
violation of the copyright statute, Title 17, United States Code, or
the trademark statutes. Titles 15 and 17, U.S. Code, may be
disseminated to a person injured by such violation to assist him/her
in the institution or maintenance of a suit brought under such titles.
The FBI has received inquiries from private citizens and Congressional
offices on behalf of constituents seeking assistance in locating
individuals such as missing children and heirs to estates. Where the
need is acute, and where it appears FBI files may be the only lead in
locating the individual, consideration will be given to furnishing
relevant information to the requester. Information will be provided
only in those instances where there are reasonable grounds to conclude
from available information the individual being sought would want the
information to be furnished, e.g., an heir to a large estate.
Information with regard to missing children will not be provided where
they have reached their majority.
Information contained in this system, may be made available to a
Member of Congress or staff acting upon the member's behalf when the
member of staff requests the information in behalf of and at the
request of the individual who is the subject of the record.
A record from this system of records may be disclosed as a routine use
to the National Archives and Records Administration and General
Services Administration in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906, to the extent that
legislation governing the records permits.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
The active main files are maintained in hard copy form and some
inactive records are maintained on microfilm. Investigative
information which is maintained in computerized form may be stored in
memory, on disk storage, on computer tape, or on a computer printed
listing.
Retrievability:
The FBI General Index must be searched to determine what information,
if any, the FBI may have in its files. Index records, or pointers to
specific FBI files, are created on all manner of subject matters, but
the predominant type record is the name index record. It should be
noted the FBI does not index all individuals who furnish information
or all names developed during the course of an investigation. Only
that information considered pertinent, relevant, or essential for
future retrieval, is indexed. In certain major cases, individuals
interviewed may be indexed to facilitate the administration of the
investigation. The FBI has automated that portion of its index
containing the most recent information--15 years for criminal related
matters and 30 years for intelligence and other type matters.
Automation will not change the ``Central Records System''; it will
only facilitate more economic and expeditious access to the main
files. Searches against the automated records are accomplished on a
``batch off-line'' basis for certain submitting agencies where the
name search requests conform to FBI specified formats and also in an
``on-line'' mode with the use of video display terminals for other
requests. The FBI will not permit any organization, public or private,
outside the FBI to have direct access to the FBI indices system. All
searches against the indices data base will be performed on site
within FBI space by FBI personnel with the assistance of the automated
procedures, where feasible. Automation of the various FBI field office
indices was completed in 1989. This automation initiative has been on
a ``day-one'' basis. This indices system points to specific files
within a given field office. Additionally, certain complicated
investigative matters may be supported by specialized computer systems
or by individual microcomputers. Indices created in these environments
are maintained as part of the particular computer system and
accessible only through the system or through printed listings of the
indices. Full text retrieval is used in a limited number of cases as
an investigative technique. It is not part of the normal search
process and is not used as a substitute for the General Index or
computer indices mentioned above.
The FBI will transfer historical records to the National Archives
consistent with 44 U.S.C. 2103. No record of individuals or subject
matter will be retained for transfered files; however, a record of the
file numbers will be retained to provide full accountability of FBI
files and thus preserve the integrity of the filing system.
Safeguards:
Records are maintained in a restricted area and are accessed only by
agency personnel. All FBI employees receives a complete background
investigation prior to being hired. All employees are cautioned about
divulging confidential information or any information contained in FBI
files. Failure to abide by this provision violates Department of
Justice regulations and may violate certain statutes providing maximum
severe penalties of a ten thousand dollar fine or 10 years
imprisonment or both. Employees who resign or retire are also
cautioned about divulging information acquired in the jobs. Registered
mail is used to transmit routine hard copy records between field
offices. Highly classified records are hand carried by Special Agents
or personnel of the Armed Forces Courier Service. Highly classified or
sensitive privacy information, which is electronically transmitted
between field offices, is transmitted in encrypted form to prevent
interception and interpretation. Information transmitted in teletype
form is placed in the main files of both the receiving and
transmitting field offices. Field offices involved in certain
complicated investigative matters may be provided with on-line access
to the duplicative computerized information which is maintained for
them on disk storage in the FBI Computer Center in Washington, D.C.,
and this computerized data is also transmitted in encrypted form.
Retention and disposal:
As the result of an extensive review of FBI records conducted by NARA,
records evaluated as historical and permanent will be transferred to
the National Archives after established retention periods and
administrative needs of the FBI have elapsed. As deemed necessary,
certain records may be subject to restricted examination and usage, as
provided by 44 U.S.C. section 2104.
FBI record disposition programs relevant to this System are conducted
in accordance with the FBI Records Retention Plan and Disposition
Schedule which was approved by the Archivist of the United States and
the U.S. District Court, District of Columbia. Investigative,
applicant and administrative records which meet the destruction
criteria will be destroyed after 20 or 30 years at FBI Headquarters
and after 1, 5, 10 or 20 years in FBI Field Offices. Historical
records will be transferred to the National Archives after 30 or 50
years, contingent upon investigative and administrative needs. The
administrative indices and listings described within this System were
appraised separately and disposition authority established. (Job No.
NC1-65-82-4 and amendments)
System manager(s) and address:
Director, Federal Bureau of Investigation, Washington, DC 20535.
Notification procedure:
Same as above.
Record access procedures:
A request for access to a record from the system shall be made in
writing with the envelope and the letter clearly marked ``Privacy
Access Request''. Include in the request your full name, complete
address, date of birth, place of birth, notarized signature, and other
identifying data you may wish to furnish to assist in making a proper
search of our records. Also include the general subject matter of the
document of its file number. The requester will also provide a return
address for transmitting the information. Requests for access to
information maintained at FBI Headquarters must be addressed to the
Director, Federal Bureau of Investigation, Washington, DC 20535.
Requests for information maintained at FBI field divisions or Legal
Attaches must be made separately and addressed to the specific field
division or Legal Attache listed in the appendix to this system
notice.
Contesting record procedures:
Individuals desiring to contest or amend information maintained in the
system should also direct their request to the Director, Federal
Bureau of Investigation, Washington, DC 20535, stating clearly and
concisely what information is being contested, the reasons for
contesting it, and the proposed amendment to the information sought.
Record source categories:
The FBI, by the very nature and requirement to investigate violations
of law within its investigative jurisdiction and its responsibility
for the internal security of the United States, collects information
from a wide variety of sources. Basically, it is the result of
investigative efforts and information furnished by other Government
agencies, law enforcement agencies, and the general public,
informants, witnesses, and public source material.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c)(3),
(d), (e) (1) (2) and (3), (e)(4) (G) and (H), (e)(8) (f), (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).
Appendix of Field Divisions and Legal Attaches for the Federal
Bureau of Investigation Field Divisions; Justice/FBI-999
5th Floor, 445 Broadway, Albany, NY 12201.
POB 25186, Albuquerque, NM 87125.
POB 100560, Anchorage, AK 99510.
POB 1683, Atlanta, GA 30370.
7142 Ambassador Road, Baltimore, MD 21207.
2122 Building, Birmingham, AL 35203.
One Center Plaza, Suite 600, Boston, MA 02108
111 West Huron Street, Buffalo, NY 14202.
6010 Kenley Lane, Charlotte, NC 28217.
219 S. Dearborn St., Chicago, IL 60604.
POB 1277, Cincinnati, OH 45201.
1240 E. 9th St., Cleveland, OH 44199.
POB 137, Columbia, SC 29202.
1801 W. Lamar, Dallas, TX 75202.
POB 1229, Denver, CO 80201.
POB 2118, Detroit, MI 48231.
700 E. San Antonio Ave., El Paso, TX 79901.
POB 50164, Honolula, HI 96850.
POB 61369, Houston, TX 77208.
POB 1186, Indianapolis, IN 45206.
100 W. Capitol St., Jackson, MS 39269.
POB 8928, Jacksonville, FL 32239.
POB 2449, Kansas City, MO 64142.
POB 10368, Knoxville, TN 37919.
POB 16032, Las Vegas, NV 89101.
POB 21470, Little Rock, AR 72221-1470.
11000 Wilshire Blvd., Los Angeles, CA 90024.
POB 2467, Louisville, KY 40201.
167 N. Main St., Memphis, TN 38103.
POB 592418, Miami, FL 33159.
POB 2058, Milwaukee, WI 53201.
111 Washington Ave. South S-1100, Minneapolis, MN 55401
POB 2128, Mobile, AL 36652.
POB 1158, Newark, NJ 07101.
POB 2058, New Haven, CT 06521.
POB 51930, New Orleans, LA 70151.
POB 1425, New York, NY 10008.
POB 3828, Norfolk, VA 23514.
POB 54511, Oklahoma City, OK 73154.
POB 548, Omaha, NE 68101.
600 Arch St., Philadelphia, PA 19106.
201 E. Indianola, Phoenix, AZ 85012.
POB 1315, Pittsburgh, PA 15230.
POB 709, Portland, OR 97207.
POB 12325, Richmond, VA 23241.
POB 13130, Sacramento, CA 95813.
POB 7251, St. Louis, MO 63177.
125 S. State St., Salt Lake City, UT 84138.
POB 1630, San Antonio, TX 78296.
880 Front St., San Diego, CA 92188.
POB 36015, San Francisco, CA 94102.
POB BT, San Juan, PR 00936.
915 2nd Ave., Seattle, WA 98174.
POB 3646, Springfield, IL 62708.
POB 172177, Tampa, FL 33602.
Washington Field Office, Washington, DC 20535.
Federal Bureau of Investigation Academy, Quantico, VA 22135.
Legal Attaches: (Send c/o the American Embassy for the Cities
indicated).
Athens, Greece (PSC 108, Box 45, APO AE 09842) Bangkok, Thailand
(Box 67, APO AP 96546)
Bern, Switzerland.
Bogota, Columbia (APO, Miami 34038).
Bonn, Germany (Box 310, APO, New York 09080).
Bridgetown, Barbados (Box B, FPO, Miami 34054).
Brussels, Belgium (APO, New York 09667).
Canberra, Australia (APO, San Francisco 96404-0001).
Caracas, Venezuela (Unit 4966, APO AA 34037)
Hong Kong, B.C.C. (FPO, San Francisco 96659-0002).
London, England (Box 2, FPO, New York 09509).
Madrid, Spain (PSC 61, Box 0001, APO AE 09642)
Manila, Philippines (APO, San Francisco 96528).
Mexico City, Mexico (POB 3087, Laredo, TX 78044-3087).
Montevideo, Uruguay (APO, Miami 34035).
Ottawa, Canada.
Panama City, Panama (Box E, APO, Miami 34002).
Paris, France (APO, New York 09777).
Rome, Italy (APO, New York 09794).
Tokyo, Japan (APO, San Francisco 96503).
Vienna, Austria (Unit 27937, Box 37, APO AE 09222)
JUSTICE/FBI-003
System name: Bureau Mailing Lists.
System location:
Federal Bureau of Investigation, J. Edgar Hoover Bldg., 10th and
Pennsylvania Ave., NW, Washington, DC 20535, 56 field divisions and 16
Legal Attaches (see Appendix to 002).
Categories of individuals covered by the system:
Individuals who have requested receipt of Bureau material and who meet
established criteria (basically law enforcement or closely related
areas). With regard to lists maintained in field divisions or Legal
attaches, individuals and organizations who may be in position to
furnish assistance to the FBI's law enforcement efforts.
Categories of records in the system:
Name, address and business affiliation, if appropriate.
Authority for maintenance of the system:
Title 5, U.S. Code, section 301 and title 44, U.S. Code, section 3101.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
For mailing of FBI material whenever necessary. For example, various
fugitive publications are furnished to local law enforcement agencies.
In addition, information may be released 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;
To a Member of Congress or staff acting upon 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; and,
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.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Computerized.
Retrievability:
ID number in computer.
Safeguards:
Computer records are maintained in limited access space of the
Technical Services Division.
Retention and disposal:
Field offices revise the lists as necessary. The records are destroyed
when administrative needs are satisfied (Job No. NC1-65-82-4, part E.
13 i.)
System manager(s) and address:
Director, FBI, Washington DC 20535.
Notification procedure:
Director, FBI, Washington DC 20535.
Record access procedures:
Inquiry addressed to Director, FBI, Washington, DC 20535.
Contesting record procedures:
Same as the above.
Record source categories:
The mailing list information is based either on information supplied
by the individual or public source data.
Systems exempted from certain provisions of the act:
None.
JUSTICE/FBI-004
System name: Routine Correspondence Handled By Predesigned Form.
System location:
Federal Bureau of Investigation, J. Edgar Hoover Bldg., 10th and
Pennsylvania Ave., NW, Washington, DC 20535.
Categories of individuals covered by the system:
Routine correspondence from citizens not requiring an original
response.
Categories of records in the system:
Original correspondence, or a copy thereof held for 60 days.
Authority for maintenance of the system:
Title 5, U.S. Code, section 301 and title 44, U.S. Code, section 3101.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Internal reference use of record of such correspondence.
In addition, information may be released 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;
To a Member of Congress or staff acting upon 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; and, 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.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Filing of original correspondence or copy.
Retrievability:
Correspondence alphabetically and chronologically.
Safeguards:
Maintained by FBI personnel; locked file cabinets during nonduty
hours.
Retention and disposal:
Original correspondence retained 60 days and destroyed. (GRS 14, Item
3)
System manager(s) and address:
Director, FBI, Washington, DC 20535.
Notification procedure:
Director, FBI, Washington, DC 20535.
Record access procedures:
Inquiry directed to Director, FBI, Washington, DC 20535.
Contesting record procedures:
Same as the above.
Record source categories:
Incoming citizen correspondence.
Systems exempted from certain provisions of the act:
None.
JUSTICE/FBI-005
System name: Routine Correspondence Prepared Without File Copy.
System location:
Federal Bureau of Investigation, J. Edgar Hoover Bldg., 10th and
Pennsylvania Ave., NW, Washington, DC 20535.
Categories of individuals covered by the system:
Citizens who correspond with the FBI.
Categories of records in the system:
Copy of routine response and citizen's original letter.
Authority for maintenance of the system:
Title 5, U.S. Code, section 301 and title 44, U.S. Code, section 3101.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Temporary record of routine inquiries without substantive, historical
or record value for which no record is to be made in central FBI
files.
In addition, information may be released 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;
To a Member of Congress or staff acting upon 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; and,
To the National Archives and Records Administration and the General
Services Administration in records management inspection conducted
under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper records are stored in file folders. Pertinent information from
correspondence is temporarily stored on magnetic tape and disks.
Retrievability:
Paper records are retrieved by name and date of correspondence.
Automated records are retrieved by name, locality, and date.
Safeguards:
Access to all records is limited to FBI personnel. Paper records are
maintained in locked file cabinets. Access to automated records is
restricted through the use of password.
Retention and disposal:
Paper records retained 60 days and destroyed through confidential
trash disposal (GRS 14, Item 3). A one-year retention period has been
established for the automated records. (Job No. N1-65-87-5)
System manager(s) and address:
Director, FBI, Washington, DC 20535.
Notification procedure:
Director, FBI, Washington, DC 20535.
Record access procedures:
Inquiry directed to Director, FBI, Washington, DC 20535.
Contesting record procedures:
Same as the above.
Record source categories:
Incoming citizen correspondence.
Systems exempted from certain provisions of the act:
None.
JUSTICE/FBI 006
System name: Electronic Surveillance (Elsur) Indices.
System location:
Federal Bureau of Investigation, J. Edgar Hoover Bldg., 10th and
Pennvylvania Ave., NW, Washington, DC 20535. Those field offices which
have sought conducted electronic surveillances also maintain an index.
See appendix to System 022.
Categories of individuals covered by the system:
Individuals who have been the targets of direct electronic
surveillance coverage by FBI in a court order; those whose
communications have been monitored/intercepted by an FBI electronic
surveillance installation; those who won, lease, or license premises
subjected to electronic surveillance coverage sought by the FBI in a
court order.
Categories of records in the system:
The ELSUR Index is comprised of three types of 3 x 5 cards: 1.
Principal cards identify, by true name or best known name, all
interceptees (targets) identified in an application filed by the FBI
in support of an affidavit seeking a court order to conduct an
electronic surveillance; 2. Proprietary Interest cards identify
entities and/or individuals who own, lease, license or otherwise hold
a possessory interest in locations subjected to an electronic
surveillance sought by the FBI in a court order; and, 3. Overhear
cards identify, by true name or best known name, individuals and/or
entities who have been reasonably identified by a first name or
initial and a last name a being a party to a communication monitored/
intercepted by the FBI.
Authority for maintenance of the system:
The ELSUR Index was initiated in October, 1966, at the recommendation
of the Department of Justice and relates to electronic surveillances
conducted/ sought by the FBI since 1/1/60. The authority for the
maintenance of these records is Title 5, Section 301, USC, which
grants the Attorney General the authority to issue rules and
regulations prescribing how Department of Justice information can be
employed. Title 18, U.S.C., Section 3504, also sets forth
recordkeeeping requirements.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The Elsur Indices are utilized: (1) To respond to judicial inquiries
about possible electronic surveillance coverage of witnesses,
defendants, or attorneys involved in Federal court proceedings, and
(2) To enable the Government to certify whether a person regarding
whom court-order authority is being sought for electronic coverage has
ever been so covered in the past. The actual users of the indices are
always employees of the FBI.
In addition, information may be released 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;
Member of Congress or staff acting upon 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; and, 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 2908 to the extent that
legislation governing the records permits.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
The records are maintained manually on 3 x 5 cards.
Retrievability:
Names/facilities are indexed and filed alphabetically. Telephone
numbers and other such serial or identification numbers targeted are
indexed and filed numerically. Locations targeted are indexed by
address and filed by street name.
Safeguards:
The index is maintained in a restricted access room at all times. The
entrance is equipped with a special locking device and alarm system
for off-duty hours when the index is not in use.
Retention and disposal:
Until advised to the contrary by the Department, the courts or
Congress, these indices will be maintained indefinitely. The indices
have been declared permanent by NARA. (Job No. NC1-65-82--4, Part E.
2. t.)
System manager(s) and address:
Director, Federal Bureau of Investigation, Washington, DC 20535.
Notification procedure:
Same as the above.
Record access procedures:
Inquiry addressed to Director, FBI, Washington, DC 20535.
Contesting record procedures:
Same as the above.
Record source categories:
Category of Individual.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c) (3)
and (4), (d), (e) (1), (2) and (3), (e)(4) (G) and (H), (e) (5) and
(8), (f), (g) and (m) of the Privacy Act pursuant to 5 U.S.C. 552a(j).
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.
JUSTICE/FBI-007
System name: FBI Automated Payroll System.
System location:
Federal Bureau of Investigation, J. Edgar Hoover Bldg., 10th and
Pennsylvania Avenue NW, Washington, DC 20535.
Categories of individuals covered by the system:
(A) Current employees of the Federal Bureau of Investigation (FBI),
(B) Resigned employees of the FBI are retained in the automated file
for the current year for the purpose of clearing all pay actions and
providing for any retroactive actions and accounting that might be
legislated.
Categories of records in the system:
System contains full record for each employee reflecting all elements
relative to payroll status, plus accounting records and authorization
records through which payrolls are issued and by which payrolls are
issued and by which payrolls are audited. For example, this system
contains the employees' Social Security Number, annual salary, time
and attendance data, and place assignment.
Authority for maintenance of the system:
System is established and maintained in accordance with Federal pay
requirements, and all legislative enactments, Office of Personnel
Management regulations, General Accounting Office rulings and
decisions. Treasury Department regulation, and Office of Management
and Budget regulations relative thereto, Title 5, U.S. Code, section
301 and title 44, U.S. Code, section 3101.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Biweekly issuance of payroll and related matters. Quarterly issuance
of State Tax Report and Federal Insurance Contributions Act Report.
Resign and End-of-Year Federal Tax Records (W-2's), Biweekly,
quarterly, fiscal and annual Budget and Accounting Reports.
Appropriate information is made available to the Internal Revenue
Service, Social Security Administration (to compute future entitlement
to Social Security payments and Medicare/Medicaid benefits), Thrift
Board (to report Thrift Savings Plan contributions so the Thrift Board
can compute future annuities), and state and city tax bureaus.
In addition, information may be released 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;
To a Member of Congress or staff acting upon 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; and,
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.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information maintained in the system is stored electronically on
magnetic tapes and disks for use in a computer environment.
Retrievability:
Information is retrieved by Social Security Number. (The authority to
solicit an employee's Social Security Number is based on title 26,
Code of Federal Regulations, section 31.601(b)-2(b).)
Safeguards:
Information contained in the system is relative to the individual
employee's payroll status and is considered confidential to that
employee and to official business conducted for that employee's pay
and accounting purposes. It is safeguarded and protected in accordance
with the FBI's Computer Center's regulations that permit access and
use by only authorized personnel.
Retention and disposal:
Master payroll and accounting records are stored electronically and
retained for a period of three years. Federal tax files are retained
for four years. Auxiliary files pertinent to main payroll functions
are retained for periods varying from three pay periods to three
years, depending on support files needed for any retroactive or audit
purposes. (GRS 2; GSA Reg. 3; GSA Bulletin FPMR B-47, ``Archives and
Records''; and Job No. NC1-65-82-4, part E. 13c. (1))
System manager(s) and address:
Director, Federal Bureau of Investigation, Ninth and Pennsylvania
Avenue, NW, Washington DC 20535.
Notification procedure:
Same as the above.
Record access procedures:
A request of access to information may be made by an employee through
his supervisor or by a former employee by writing to the Federal
Bureau of Investigation, 9th and Pennsylvania Avenue, NW, Washington,
DC 20535, Attention Payroll Office.
Contesting record procedures:
Contest of any information should be set out in detail and a check of
all supportive records will be made to determine the factual data in
existence, which is predetermined by source documents and accounting
procedures governing pay matters.
Record source categories:
Source of information is derived from personnel actions, employee
authorizations, and time records which are issued and recorded in
accordance with regulations governing Federal pay.
Systems exempted from certain provisions of the act:
None.
JUSTICE/FBI-008
System name: Bureau Personnel Management System (BPMS).
System location:
Federal Bureau of Investigation, J. Edgar Hoover Building, 10th and
Pennsylvania Avenue, NW, Washington DC 20535.
Categories of individuals covered by the system:
Federal Bureau of Investigation, employees and former employees.
Categories of records in the system:
The system contains personnel information which includes information
set forth on (1) Standard Form 50--Notification of Personnel Action,
(2) SF 176-T-Federal Employee Group Life Insurance Plan, (3) FBI form
12-60 in lieu of SF 1126--Notification of Pay Change, (4) SF 2801 and
CSC 1084--Application for and additional information in support of
retirement, respectively, (5) SF 2809--Federal Employment Health
Benefit Plan and (6) various intra-agency forms and memoranda.
Authority for maintenance of the system:
The system is established and maintained pursuant to regulations set
forth in the Federal Personnel Manual. title 5, U.S. Code, section 301
and title 44; U.S. Code, section 3101.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The BPMS is used (1) to prepare the Notification of Personnel Action,
copies of which are furnished to the Office of Personnel Management,
(2) to prepare Standard Form 52B--Request for Personnel Action, (3) to
generate lists of employees which are used internally by authorized
personnel for recordkeeping, planning, and decision making purposes,
and (4) as a source for the dissemination of information (A) to
federal, state and local agencies and to private organizations
pursuant to service record inquiries and (B) pursuant to credit
inquiries. In response to proper credit inquiries from credit bureaus
and financial institutions, the FBI will verify employment and furnish
salary and length of service.
In addition, information may be released 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; Member of
Congress or staff acting upon 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; and, 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.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information maintained in BPMS is stored by disc and magnetic tape.
Retrievability:
Information is retrieved (1) on-line through intelligent workstations
and terminals by keying the name or Social Security Number of the
employee and (2) off-line through data base retrievals,
(It is noted the authority to solicit an employee's Social Security
Number is based on title 26, Code of Federal Regulations, section
31.6011(b)-2(b).)
Safeguards:
Areas housing the system and access terminals are located in secure
buildings available to authorized FBI personnel and escorted
maintenance and repair personnel only. Access terminals are
operational only during normal daytime working hours at which time
they are constantly attended. Access through terminals is protected by
sign-on and passwords.
Retention and disposal:
Electronically stored records for employees and former employees are
maintained indefinitely in a vault under the control of a vault
supervisor. Pursuant to regulations set forth in the Federal Personnel
Manual a copy of the Notification of Personnel Action is made a part
of the employees' personnel file.
The automated records are disposable when administrative needs have
expired. (Job No. NC1-65-82-4, part E. 13c.(1)).
System manager(s) and address:
Director, Federal Bureau of Investigation, John Edgar Hoover Building,
10th Street and Pennsylvania Avenue, NW, Washington, DC 20535.
Notification procedure:
Same as the above.
Record access procedures:
A request for access to a record from this system shall be made in
writing, with the envelope and the letter clearly marked ``Privacy
Access Request.'' Include in the request the name and return address
of the requestor. Access requests will be directed to the Director,
Federal Bureau of Investigation.
Contesting record procedures:
Individuals desiring to contest or amend information maintained in the
system should direct their request to the Director, FBI stating
clearly and concisely what information is being contested, the reasons
for contesting it, and the proposed amendment to the information
sought.
Record source categories:
Sources of information contained in this system are present and former
FBI employees and employee personnel files.
Systems exempted from certain provisions of the act:
None.
JUSTICE/FBI-009
System name: Identification Division Records System.
System location:
Federal Bureau of Investigation, J. Edgar Hoover Bldg., 10th and
Pennsylvania Avenue NW, Washington, DC 20537-9700.
Categories of individuals covered by the system:
A. Individuals fingerprinted as a result of arrest or incarceration.
B. Persons fingerprinted as a result of Federal employment
applications, military service, alien registration and naturalization
purposes and individuals desiring to have their fingerprints placed on
record with the FBI for personal identification purposes.
Categories of records in the system:
A. Criminal fingerprint cards and related criminal justice information
submitted by authorized agencies having criminal justice
responsibilities.
B. Civil fingerprint cards submitted by Federal agencies and civil
fingerprint cards submitted by persons desiring to have their
fingerprints placed on record for personal identification purposes.
C. Identification records sometimes referred to as ``rap sheets''
which are compilations of criminal history information pertaining to
individuals who have criminal fingerprint cards maintained in the
system.
D. An alphabetical name index pertaining to all individuals whose
fingerprints are maintained in the system.
Authority for maintenance of the system:
The system is established, maintained and used under authority granted
by 28 U.S.C. 534, 15 U.S.C. 78q. 7 U.S.C. 12a, and Pub. L. 92-544 (86
Stat. 1115), and Pub. L. 99-399. The authority is also codified in 28
CFR 0.85 (b) and (j).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The FBI operates the Identification Division Records System to perform
identification and criminal history record information functions, for
Federal, State, local, and foreign criminal justice agencies, and for
noncriminal justice agencies, and other entities where authorized by
Federal statute, State statue pursuant to Pub. L. 92-544 (86 Stat.
1115). Presidential executive order, or regulation of the Attorney
General of the United States. In addition, identification assistance
is provided in disasters and for other humanitarian purposes.
Information may be released to the news media and the public pursuant
to 28 CFR 20.33(a)(4), 20.33(c), and 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; to a Member of Congress or staff acting upon 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;
and, 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.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information in the system is stored manually in file cabinets either
in its natural state or on microfilm. In addition, some of the
information is stored in computerized data storage devices.
Retrievability:
(1) Information in the system is retrievable by technical fingerprint
classification and positive identification is effected only by
comparison of unique identifying characteristics appearing in
fingerprint impressions submitted for search against the fingerprint
cards maintained within the system.
(2) An auxiliary means of retrieval is through alphabetical name
indexes which contain names of the individuals, their birth date,
other physical descriptors, and the individuals technical fingerprint
classification and FBI numbers, if such have been assigned.
Safeguards:
Information in the system is unclassified. Disclosure of information
from the system is made only to authorized recipients upon
authentication and verification of the right to access the system by
such persons and agencies. The physical security and maintenance of
information within the system is provided by FBI rules, regulations
and procedures.
Retention and disposal:
(1) The Archivist of the United States has approved the destruction of
records maintained in the criminal file when the records indicated
individuals have reached 80 years of age, and the destruction of
records maintained in the civil file when the records indicate
individuals have reached 75 years of age. (Job. No. NC1-65-76-1 and
NN-171-16)
(2) Fingerprint cards and related arrest data in the system are
destroyed seven years following notification of the death of an
individual whose records is maintained in the system. (Job No. 351-
S190)
(3) Fingerprint cards submitted by State and local criminal justice
agencies are removed from the system and destroyed upon the request of
the submitting agencies. The destruction of a fingerprint card under
this procedure results in the deletion from the system of all arrest
information related to that fingerprint card.
(4) Fingerprint cards and related arrest data are removed from the
Identification Division Records System upon receipt of Federal court
orders for expunctions when accompanied by necessary identifying
information. Recognizing lack of jurisdiction of local and State
courts over an entity of the Federal Government, the Identification
Division Records System, as a matter of comity, destroys fingerprint
cards and related arrest data submitted by local and State criminal
justice agencies upon receipt of orders of expunction directed to such
agencies by local and State courts when accompanied by necessary
identifying informations.
System manager(s) and address:
Director, Federal Bureau of Investigation, 10th and Pennsylvania
Avenue NW, Washington, DC 20535.
Notification procedure:
Address inquiries to the System Manager.
Record access procedures:
The Attorney General has exempted the Identification Division Records
System from compliance with subsection (d) of the Act. However,
pursuant to 28 CFR 16.30-34, and Rules and Regulations promulgated by
the Department of Justice on May 20, 1975 at 40 FR 22144 (Section
20.34) for Criminal Justice Information Systems, an individual is
permitted access to his identification record maintained in the
Identification Division Records System and procedures are furnished
for correcting or challenging alleged deficiencies appearing therein.
Contesting record procedures:
Same as above.
Record source categories:
See Categories of Individuals.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c)(3)
and (4); (d); (e)(1), (2), (3), (4)(G) and (H), (5) and (8); (f); and
(g) of the Privacy Act pursuant to 5 U.S.C. 552a(j). 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.
JUSTICE/FBI-010
System name: Employee Travel Vouchers and Individual Earning
Records.
System location:
Federal Bureau of Investigation, J. Edgar Hoover Bldg., 10th and
Pennsylvania Avenue, NW, Washington, DC 20535. Records pending audit
are located at Federal Records Centers.
Categories of individuals covered by the system:
Former and current employees of the FBI.
Categories of records in the system:
Payroll, travel and retirement records of current and former employees
of the FBI.
Authority for maintenance of the system:
The head of each executive agency, or his delegate, is responsible for
establishing and maintaining an adequate payroll system, covering pay,
leave and allowances, as a part of the system of accounting and
internal control of the Budget and Accounting Procedures Act of 1950,
as amended, 31 U.S.C. 66, 66a, and 200(a).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These records are used by Departmental personnel to prepare and
document payment to employees of the FBI and to carry out financial
matters related to the payroll or accounting functions.
Release of information to the National Archives and Records
Administration (NARA) and the General Services Administration (GSA): A
record from a system of records may be disclosed as a routine use to
the National Archives and Records Administration (NARA) and GSA in
records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Manual on paper files.
Retrievability:
The records can be retrieved by name; and either social security
account number or employee identification number.
Safeguards:
Accessed by Bureau employees at FBI Headquarters and by Field Office
employees at Records Centers. Transmittal document contains Bureau
statement concerning security, i.e., who may access or view records.
Records are maintained in rooms under the control of employees during
working hours and maintained in locked file cabinets in locked rooms
at other times. Security guards further restrict access to the
building to authorized personnel only.
Retention and disposal:
Employee Travel Vouchers are destroyed 6 years, 3 months, after the
period covered by the account (GRS No. 6, Item 1A2). Individual
Earnings Records are destroyed 56 years after date of last entry (GRS
No. 2, Item 1).
System manager(s) and address:
Director, Federal Bureau of Investigation, 9th and Pennsylvania
Avenue, NW, Washington, DC 20535.
Notification procedure:
Written inquiries, including name, date of birth, and social security
number, to determine whether this system contains records about an
individual may be addressed to Director, Federal Bureau of
Investigation, 9th and Pennsylvania Avenue, NW, Washington, DC 20535.
Record access procedures:
Contesting record procedures:
Written inquiries, including name, date of birth and social security
number, requesting access or contesting the accuracy of records may be
addressed to: Director, Federal Bureau of Investigation, 9th and
Pennsylvania Avenue, NW, Washington, DC 20535.
Record source categories:
Travel vouchers turned in by individual employees for official
business. Pay records--time and attendance records, pay determined by
the agency.
Systems exempted from certain provisions of the act:
None.
JUSTICE/FBI-011
System name: Employee Health Records.
System location:
Federal Bureau of Investigation, Administrative Services Division,
Health Service, J. Edgar Hoover Bldg., 10th and Pennsylvania Avenue,
NW, Washington, DC 20535 and the following field offices: New York,
Newark, Philadelphia, Chicago, Los Angeles, San Francisco, and FBI
Academy, Quantico, Virginia. Addresses for field offices can be found
in the appendix of Field Offices for the Federal Bureau of
Investigation in System notice Justice/FBI 002.
Categories of individuals covered by the system:
Current and former employees of the FBI.
Categories of records in the system:
Records of visits to health facilities relating to sickness, injuries
or accidents.
Authority for maintenance of the system:
The head of each agency is responsible, under 5 U.S.C. 7902, for
keeping a record of injuries and accidents to its employees and for
reducing accidents and health risks. These records are maintained
under the general authority of 5 U.S.C. 301 so that the FBI can be
kept aware of the health related matters of its employees and more
expeditiously identify them.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These records are maintained by the FBI to identify matters relating
to the health of its present and former employees. Information is
available to employees of the FBI whose job function relates to
identifying and resolving health matters of former and current
personnel of the FBI.
In addition, information may be released 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.
Policies and practices for storing, retrieving, accessing, retaining and
disposing of records in the system:
Storage:
Previous procedure of creation and maintenance of 3 x 5 index cards
to record individual health service visits has been phased out and a
clinical folder is created to maintain an employee health record and
SF 510, ``Nursing Notes''. The information is maintained manually in a
file folder.
Retrievability:
By name.
Safeguards:
These records are maintained by FBI personnel during working hours and
in locked file cabinets during non-working hours. Security guards
further restrict access to the building to authorized personnel.
Retention and disposal:
Remaining index cards will be destroyed 6 years after date of last
entry (GRS #1, Item 19). The folder containing the health record and
nursing notes will be transferred to the employee's medical folder, an
appendage of the Office Personnel Folder, when Health Unit is notified
of resignations or retirements.
System manager(s) and address:
Director, Federal Bureau of Investigation, 9th and Pennsylvania
Avenue, NW, Washington, DC 20535.
Notification procedure:
Written inquiries, including name, address and social security number,
to determine whether this system of records contains records about an
individual may be addressed to Director, Federal Bureau of
Investigation, 9th and Pennsylvania Avenue, NW, Washington, DC 20535,
and/or individually to the field officers which maintain similar
records.
Record access procedures:
Contesting record procedures:
Written inquiries, including name, date of birth and social security
number, requesting access or contesting the accuracy of records may be
addressed to: Director, Federal Bureau of Investigation, 9th and
Pennsylvania Avenue, NW, Washington, DC 20535, and the above-mentioned
field offices at addresses referred to in system notice Justice/FBI
002.
Record source categories:
Employees of the Federal Bureau of Investigation originate their own
records. Nursing Notes appear on SF 510.
Systems exempted from certain provisions of the act:
None.
JUSTICE/FBI-012
System name: Time Utilization Record/Keeping (TURK) System.
System location:
Administrative Services Division, Federal Bureau of Investigation, J.
Edgar Hoover Building, 10th and Pennsylvania Avenue, NW, Washington,
DC 20535.
Categories of individuals covered by the system:
Special Agents, Accounting Technicians, Investigative Assistants, and
Laboratory Technicians.
Categories of records in the system:
System contains by-weekly time utilization data of Special Agents,
Accounting Technicians, Investigative Assistants and Laboratory
Technicians.
Authority for maintenance of the system:
This system of records is maintained under the authority of 31 U.S.C.
66a which requires the head of the Department, or his delegate, to
establish a system of accounting and internal control designed to
provide full disclosure of the financial results of the FBI's
activities; adequate financial information needed for the FBI's
management purposes and effective control over and accountability for
all funds, property and other assets for which the FBI is responsible.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
For the purpose of producing cost accounting reports reflective of
personnel utilization, records may be made available to the General
Accounting Office, the Office of Management and Budget and the
Treasury Department.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information maintained in the system is stored electronically on
magnetic tapes and discs for use in a computer environment.
Retrievability:
Information is retrieved by name and/or social security number and
summarized by Cost Center.
Safeguards:
Information is safeguarded and protected in accordance with the FBI's
Computer Center regulations that permit access and use by authorized
personnel only.
Retention and disposal:
Biweekly magnetic tapes and discs are retained for a period of 3
years. Hard copy records are retained in accordance with instructions
contained in GRS No. 8, Items 7 and 8, and GSA Bulletin FPMR-47,
``Archives and Records''. Hard copy records are destroyed; magnetic
tapes are erased and reused. (Job No. NCI-65-82-4, part E. 13c. (1)).
System manager(s) and address:
Director, Federal Bureau of Investigation, 9th and Pennsylvania
Avenue, NW, Washington, DC 20535.
Notification procedure:
Same as above.
Record access procedures:
Contesting record procedures:
Written requests for access to information may be made by an employee
through his supervisor or by former employees by writing to: Federal
Bureau of Investigation, 9th and Pennsylvania Avenue, NW, Washington,
DC 20535 (Attn: Administrative Services Division). Contesting of any
information should be set out in written detail and forwarded to the
above address. A check of all supportive records will be made to
determine the factual data in existence.
Record source categories:
Source of information is derived from daily time utilization recording
made by the employees.
Systems exempted from certain provisions of the act:
None.
JUSTICE/FBI-013
System name: Security Access Control System (SACS).
System location:
Federal Bureau of Investigation, J. Edgar Hoover Building, 10th and
Pennsylvania Avenue, NW, Washington, DC 20535.
Categories of individuals covered by the system:
Individuals, both FBI employees and outside visitors, who have been
granted access to the J. Edgar Hoover Building.
Categories of records in the system:
The system contains computerized information concerning names, badge
numbers, and the dates and times of entries of those individuals,
including escorted visitors, who have been issued access badges to the
J. Edgar Hoover Building.
Authorities for maintenance of the system:
The maintenance of this system is authorized by Executive Order 12065,
the Privacy Act of 1974 (5 U.S.C. 552a(e)(10)) and Pub. L. No. 90-620,
as amended (44 U.S.C. chapters 21 and 33). Each of these two statutes,
as well as the Executive Order, is directed toward security of United
States Government records maintained by Federal agencies.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Category of users: Federal Bureau of Investigation management
officials and security personnel. The information is used to determine
the status of individuals entering the building and maintain control
of badges issued to individuals requiring access to the J. Edgar
Hoover Building.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
The automated portion of the records is maintained on hard disk and/or
floppy diskettes. Documentary records are maintained in manual file
folders.
Retrievability:
Alphabetically by last name; numerically by access badge number.
Safeguards:
Maintained in a locked room, which is manned 24 hours per day, with
access limited to FBI security personnel.
Retention and disposal:
Computerized records are maintained for one year and hard copy
computer listings are maintained for six months. Cards containing
badge information are destroyed when administrative needs have
expired. Duplicate badges are maintained on individuals granted
permanent access to the building until access is no longer required
and/or upon separation or transfer. (Job No. NC1-65-82-4, Part B. 66c.
(8); part E. 13c (1)).
System manager(s) and address:
Director, Federal Bureau of Investigation, J. Edgar Hoover Building,
10th and Pennsylvania Avenue NW, Washington, DC 20535.
Notification procedure:
Inquiry concerning this system should be in writing and made to the
system manager listed above.
Record access procedures:
Same as above.
Contesting record procedures:
Same as above.
Record source categories:
See categories of individuals.
Systems exempted from certain provisions of the act:
None.
JUSTICE/FBI-014
System name: FBI Alcoholism Program.
System location:
FBI Headquarters, Administrative Services Division, 10th and
Pennsylvania Avenue NW, Washington, DC 20535; and FBI Field Divisions.
Categories of individuals covered by the system:
This system contains information on current and former FBI employees
who have been counseled or otherwise treated regarding alcohol abuse
or referred to the Alcoholism Program Coordinator or Counselor.
Categories of records in the system:
This system contains correspondence and records regarding employees
and/or their families who have been referred to the Alcoholism Program
Coordinator or Counselor, the results of any counseling which may have
occurred, recommended treatment and results of treatment, in addition
to interview appraisals and other notes or records of discussions held
with employees relative to this program.
Authority for maintenance of the system:
The maintenance of this system is authorized by Pub. L. 91-616 and
Pub. L. 92-255, as amended by Pub. L. 93-282, Section 122, and the
implementing regulations, 42 CFR Part 2.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
All disclosures of information pertaining to an individual are made in
compliance with Publ. L. 91-616, Section 333, and the Confidentiality
of Alcoholism and Drug Abuse Patient Records Regulations, 42 CFR Part
2.2, as amended, for the sole purpose of administering the program.
These records are used to document the nature of an individual's
alcohol abuse problem and progress made, and to record an individual's
participation in and the results of community or private sector
treatment or rehabilitation programs.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are maintained in file folders.
Retrievability:
Records are retrieved by employee's name.
Safeguards:
Files are maintained in locked file cabinets, or safes under the
immediate control of the Alcoholism Program Coordinator or other
authorized individuals. Access is strictly limited to the Coordinator
and other authorized personnel.
Retention and disposal:
Files are destroyed 3 years after case is closed. (GRS No. 1, Item 27
b.; Job No. NC1-65-82-4, Part B. 67d.)
System manager(s) and address:
Director, FBI J. Edgar Hoover Building, 10th and Pennsylvania Avenue
NW., Washington, DC 20535.
Notification procedure:
Inquiry concerning this system should be in writing and made to the
system manager listed above.
Record access procedures:
Requests made by employees should be made in writing to the Director,
FBI, Washington, DC 20535. Requests must contain employee's full name,
date and place of birth, and current office of assignment and/or home
address where records are to be sent. If the individual making the
request is a former employee, he/she must submit a duly notarized
signature in order to establish identity. In addition, the requester
must specify the location of the system of records sought, i.e., those
maintained at FBI headquarters or those maintained in a particular
field division.
Contesting record procedures:
Requests for correction/amendment of records in this system should be
made in writing to the Director, FBI, Washington, DC 20535, specifying
the information to be amended, and the reasons and justifications for
requesting such amendment.
Record source categories:
See categories of individuals.
Systems exempted from certain provisions of the act:
None.
JUSTICE/FBI-015
System name: National Center for the Analysis of Violent Crime
(NCAVC).
System location:
Federal Bureau of Investigation, Training Division, FBI Academy,
Behavioral Science Unit, Quantico, Virginia 22135.
Categories of individuals covered by the system:
A. Individuals who relate in any manner to official FBI investigations
into violent crimes including, but not limited to, subjects, suspects,
victims, witnesses, close relatives, medical personnel, and associates
who are relevant to an investigation.
B. Individuals who are the subject of unsolicited information or who
offer unsolicited information, and law enforcement personnel who
request assistance and/or make inquiries concerning records.
C. Individuals who are the subject of violent crime research studies
including, but not limited to, criminal personality profiles,
scholarly journals, and news media references.
Categories of records in the system'
The National Center for the Analysis of Violent Crime will maintain in
both manual and automated formats case investigation reports on all
forms of solved and unsolved violent crimes. These violent crimes
include, but are not limited to, acts or attempted acts of murder,
kidnapping, incendiary arson or bombing, rape, physical torture,
sexual trauma, or evidence of violent forms of death. Less than ten
percent of the records which are analyzed may not be directly related
to violent activities.
A. Violent Criminal Apprehension Program (VICAP) case reports
submitted to the FBI by a duly constituted Federal, State, county,
municipal, or foreign law enforcement agency in any violent criminal
matter. VICAP reports include, but are not limited to, crime scene
descriptions, victim and offender descriptive data, laboratory
reports, criminal history records, court records, news media
references, crime scene photographs, and statements.
B. Violent crime case reports submitted by FBI headquarters or field
offices, and case reports submitted to the FBI by a duly constituted
Federal, State, county, municipal, or foreign law enforcement agency
in any violent criminal matter.
C. Violent crime research studies, scholarly journal articles,
textbooks, training materials, and news media references of interest
to NCAVC personnel.
D. An index of all detected trends, patterns, profiles and methods of
operation of known and unknown violent criminals whose records are
maintained in the system.
E. An index of the names, addresses, and contact telephone numbers of
professional individuals and organizations who are in a position to
furnish assistance to the FBI's NCAVC operation.
F. An index of public record sources for historical, statistical and
demographic data collected by the U.S. Bureau of the Census.
G. An alphabetical name index pertaining to all individuals whose
records are maintained in the system.
Authority for maintenance of the system:
44 U.S.C. 3101; 41 CFR subpart 101-11.2 and 28 U.S.C. 534.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Currently, the NCAVC is administered by the FBI through its Training
Division, located at the FBI Academy, Quantico, Virginia. Its primary
mission is to consolidate research, training, and operational support
activities for the express purposes of providing expertise to any
legitimate law enforcement agency confronted with unusual, bizarre,
and/or particularly vicious or repetitive violent crimes.
Records described above are maintained in this system to permit the
FBI to function efficiently as an authorized, responsive component of
the Department of Justice. Therefore, the information in this system
is disclosed to officials and employees of the Department of Justice,
and/or all components thereof, who need the information to perform
their official duties.
Information in this system may be disclosed as a routine use to any
Federal, State, local, or foreign government agency directly engaged
in the criminal justice process where access is directly related to a
law enforcement function of the recipient agency in connection with
the tracking identification, and apprehension of persons believed to
be engaged in repeated or exceptionally violent acts of criminal
behavior.
Information in this system may be disclosed as a routine use in a
proceeding before a court or adjudicative body, e.g., the Equal
Employment Opportunity Commission and the Merit Systems Protection
Board, before which the FBI is authorized to appear, when (a) the FBI
or any employee thereof in his or her official capacity, or (b) any
employee in his or her individual capacity where the Department of
Justice has agreed to represent the employee, or (c) the United
States, where the FBI determines it is likely to be affected by the
litigation, is a party to litigation or has an interest in litigation
and such records are determined by the FBI to be relevant to the
litigation.
Information in this system may be disclosed as a routine use to an
organization or individual in both the public or private sector
pursuant to an appropriate legal proceeding or, if deemed necessary,
to elicit information or cooperation from the recipient for use by the
FBI in the performance of an authorized activity. An example could be
where the activities of an individual are disclosed to a member of the
public to elicit his/her assistance in FBI apprehension or detection
efforts.
Information in this system may be disclosed as a routine use to an
organization or individual in the public or private sector where there
is reason to believe the recipient is or could become the target of a
particular criminal activity or conspiracy and to the extent the
information is relevant to the protection of life or property.
Relevant information may be disclosed from this system to the news
media and general public where there exists a legitimate public
interest. Examples would include: To obtain public or media assistance
in the tracking, identifying, and apprehending of persons believed to
be engaged in repeated acts of violent criminal behavior; to notify
the public and/or media of arrests; to protect the public from
imminent threat to life or property where necessary; and to
disseminate information to the public and/or media to obtain
cooperation with violent crime research, evaluation, and statistical
programs.
Information in this system may be disclosed as is necessary to
appropriately respond to congressional inquiries on behalf of
constituents.
A record from a system of records may be disclosed as a routine use to
the National Archives and Records Administration (NARA) in records
management inspections conducted under the authority of 44 U.S.C. 2904
and 2906 to the extent that legislation governing the record permits.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information in the system is stored manually in locked file cabinets,
either in its natural state or on microfilm, at the NCAVC in Quantico,
Virginia. The active main files are maintained in hard copy form and
some inactive records are maintained on microfilm.
In addition, some of the information is stored in computerized data
storage devices at the NCAVC and FBI Computer Center in Washington,
DC. Investigative information which is maintained in computerized form
may be stored in memory on disk storage on computer tape, or on
computer printed listings.
Retrievability:
On-line computer access to NCAVC files is achieved by using the
following search descriptors:
A. A data base which contains the names of individuals, their birth
dates, physical descriptions, and other identification numbers such as
FBI numbers, if such have been assigned.
B. Summary variables contained on VICAP reports submitted to the NCAVC
as previously described.
C. Key words citations to violent crime research studies. scholarly
journal articles, textbooks, training materials, and media references.
Safeguards:
Records are maintained in restricted areas and accessed only by FBI
employees. All FBI employees receive a complete pre-employment
background investigation. All employees are cautioned about divulging
confidential information or any information contained in FBI files.
Failure to abide by this provision violates Department of Justice
regulations and may violate certain statutes providing maximum severe
penalties of a ten thousand dollar fine or 10 years' imprisonment or
both. Employees who resign or retire are also cautioned about
divulging information acquired in the job.
Registered mail is used to transmit routine hard copy records between
field offices. Highly classified records are hand carried by Special
Agents or personnel of the Armed Forces Courier Service. Highly
classified or sensitive privacy information, which is electronically
transmitted between field offices and to and from FBI Headquarters, is
transmitted in encrypted form to prevent interception and
interpretation.
Information transmitted in teletype form between the NCAVC in
Quantico, Virginia and the FBI Computer Center in Washington, DC, is
encrypted prior to transmission at both places to ensure
confidentiality and security of the data.
FBI field offices involved in certain complicated, investigative
matters may be provided with on-line access to the computerized
information which is maintained for them on disc storage in the FBI
Computer Center in Washington, DC. This computerized data is also
transmitted in encrypted form.
Retention and disposal:
Records are proposed for destruction after 50 years or upon
termination of the program, whichever is earlier. The disposition
schedule is pending with NARA as Job No. N1-65-88-13.
System manager(s) and address:
Director, Federal Bureau of Investigation, 10th and Pennsylvania
Avenue NW, Washington, DC 20535.
Notification procedure:
Address inquiries to the System Manager.
Record access procedures:
Requests for access to records in this system shall be made in writing
with the envelope and the letter clearly marked ``Privacy Access
Request.'' The request must provide the full name, complete address,
date of birth, place of birth, and notarized signature of the
individual who is the subject of the record requested. The request
should also include the general subject matter of the document or its
file number--along with any other known information which may assist
in making a search of the records. The request must also provide a
return addressing for transmitting the information. Access requests
should be addressed to the Director, Federal Bureau of Investigation,
Washington, DC 20535.
Contesting record procedures:
Individuals desiring to contest or amend information maintained in the
system should also direct their request to the Director, Federal
Bureau of Investigation, Washington, DC 20535. The request should
state clearly and concisely (1) the reasons for contesting the
information, and (2) the proposed amendment to the information.
Record source categories:
The FBI, by the very nature of its responsibilities to investigate
violations of law within its investigative jurisdiction and ensure the
internal security of the United States, collects information from a
wide variety of sources. Basically, information is obtained, as a
result of investigative efforts, from other Government agencies, law
enforcement agencies, the general public, informants, witnesses, and
public source material.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c)(3),
(d), (e)(1), (e)(4) (G) and (H), (f) and (g) of the Privacy Act
pursuant to 5 U.S.C. 552a (j)(2) and (k)(2). Rules have been
promulgated in accordance with the requirements of 5 U.S.C. 553 (b),
(c), and (e).
JUSTICE/FBI-016
System name:
FBI Counterdrug Information Indices System (CIIS) (JUSTICE/FBI-016).
System location:
The Department of Justice (DOJ) Computer Center, Rockville, Maryland,
and at FBI Headquarters, Washington, DC.
Categories of individuals covered by the system:
Individuals who relate in any manner to official FBI drug law
enforcement investigations including, but not limited to, subjects,
suspects, victims, witnesses, and close relatives and associates who
are relevant to an investigation.
Categories of records in the system:
The records in the system will consist of automated indices to
information located in drug law enforcement case files of the FBI.
Examples of the case files include those concerning the distribution
of controlled substances, continuing criminal enterprises,
racketeering enterprises, Organized Crime Drug Enforcement Task Forces
cases, and organized crime-drug intelligence cases.
These automated indices contain limited summary type data extracted
from the case files. These indices will serve as a pointer system to
FBI case files containing drug law enforcement information; but the
system does not contain the case files themselves. Access to the case
file information must be gained by separate contact with the
appropriate FBI office, outside this system, after the system has been
queried. The system will facilitate better exchange of drug law
enforcement information between and among the FBI and DEA, and such
other law enforcement agencies as may participate in the counterdrug
investigative information sharing program which this system serves.
Only specified data fields from these records will be provided.
Examples of data fields included are name, case file number, race,
sex, name identifiers (alias, true-name, main, reference, individual,
non-individual), locality indicators, date of birth, place of birth,
ID numbers, addresses, violation codes, investigative classification,
and office of origin. Data fields from cases also include status, date
case was opened, date case was closed, and point-of-contact
information such as squad assigned, and auxiliary office. Additional
point-of-contact information will be provided via a table of field
offices and telephone numbers.
Authority for maintenance of the system:
Authority for this system is found at 28 U.S.C. 534, and 44 U.S.C.
3101.
Purpose(s):
The records in this system have been compiled for the purpose of
identifying, apprehending, and prosecuting individuals connected in
any way with the manufacture, distribution, and use of illegal drugs.
The system, by promoting the enhanced sharing of drug intelligence, is
intended to facilitate enhanced cooperation between and among the FBI
and DEA and such other law enforcement agencies as may participate in
the drug law enforcement information sharing program it serves,
eliminate duplication of efforts, and enhance the safety of law
enforcement personnel who conduct these inherently dangerous
investigations.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
System records or any pertinent information derived therefrom may be
disclosed (through electronic or other means in the case of
participating Federal law enforcement agencies, and through other,
non-electronic means as appropriate in other cases) to:
(1) Federal, state, local, and foreign law enforcement agencies, and
components thereof, to support their role in the detection and
monitoring of the distribution of illegal drugs in the United States
or such other roles in support of counterdrug law enforcement as may
be permitted by law; direct, electronic, ``read only'' access, by
Federal law enforcement agencies only, to the automated indices of
this system of records may enable these agencies to: (i) Identify FBI
law enforcement information or activities which may be relevant to
their law enforcement responsibilities and, where such information or
activities are identified, request access to information in FBI case
files relating to drug law enforcement, and (ii) ensure appropriate
coordination of such activities with the FBI;
(2) Federal, state, local, and foreign law enforcement agencies, and
components thereof, to the extent necessary to elicit information
pertinent to counterdrug law enforcement;
(3) Foreign law enforcement agencies with whom the FBI maintains
liaison, and agencies of the U.S. foreign intelligence community to
further the efforts of those agencies with respect to the national
security and foreign affairs aspects of international drug
trafficking;
(4) Individuals and organizations in the course of investigations to
the extent necessary to elicit information pertinent to counterdrug
law enforcement;
(5) Any person, organization, or entity within the private or public
sector, domestic or foreign, to the extent necessary to prevent an
imminent or potential crime which could or does directly threaten loss
of life, serious injury, or serious loss of property;
(6) The news media and/or 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;
(7) A Member of Congress or staff acting upon the Member's behalf,
when the Member or staff requests the information on behalf of and at
the specific request of the individual who is the subject of the
record;
(8) National Archives and Records Administration and the General
Services Administration for records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906; and
(9) To a court or adjudicative body before which the FBI 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 FBI to
be arguably necessary to the litigation: (i) The FBI, or any
subdivision thereof, or (ii) any employee of the FBI in his or her
official capacity, or (iii) any employee of the FBI in his or her
individual capacity where the DOJ has agreed to represent the
employees, or (iv) the United States, where the FBI determines that
the litigation is likely to affect it or any of its subdivisions.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing and records in the system:
Storage:
Records described in this system are stored on a mainframe computer at
the DOJ Computer Center, and on back-up storage devices at FBI
Headquarters, which are accessible by the FBI.
Retrievability:
Information in the automated indices will be retrieved by name or
other unique identifier. In addition to other Federal law enforcement
agencies (reference routine use above), the law enforcement components
of the DOJ may have direct, electronic, ``read only'' access (under
subsection (b)(1) of the Privacy Act) to this system. This data will
assist DOJ law enforcement components in identifying whether there may
be detailed records which reside in the case files of the FBI that may
be relevant to their law enforcement responsibilities. Where such
records are identified, DOJ law enforcement components may request
access to them.
Safeguards:
Access is limited to designated agency employees with a need-to-know.
All records are stored in a secure area of a secure building. In
addition to controlled access to the building, the areas where records
are kept are either attended by responsible employees, guarded by
security personnel, and/or protected by electronic surveillance and/or
alarm systems, as appropriate. In addition, unauthorized access to the
automated indices is also prevented through state-of-the-art
technology such as encryption and user ID's and multiple passwords.
Retention and disposal:
The automated indices in this system relate to case files which are
characterized as either permanent or temporary, governed by NARA
criteria in making such assessments. Depending on the nature of the
case files to which they relate, the automated indices in this system
will be retained permanently or disposed of in accordance with the FBI
Records Disposition Schedule developed jointly by NARA and the FBI and
approved by the United States District Court for the District of
Columbia, Washington, DC.
Systems manager(s) and address:
Director, Federal Bureau of Investigation, Washington, DC 20535.
Notification procedure:
Inquires should be addressed to: Federal Bureau of Investigation,
Freedom of Information/Privacy Acts Section, 9th Street and
Pennsylvania Avenue, NW, Washington, DC 20535
Record access procedures:
Same as above.
Contesting records procedure:
Same as above.
Record source categories:
The data maintained in the automated indices in this system is derived
from information in FBI drug law enforcement related case files, which
are not part of this system.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c) (3)
and (4), (d), (e) (1), (2) and (3), (e)(4) (G) and (H), (e) (5) and
(8), (f) and (g) of the Privacy Act pursuant to 5 U.S.C. 552a (j)(2).
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.
JUSTICE/FBI - 999
System name: Appendix of Field Divisions for the Federal Bureau
of Investigation.
Field Office:
502 U.S. Post Office & Court House
Albany, New York 12207
4303 Federal Office Building
Albuquerque, New Mexico 87101
Room 500, 300 North Lee Street
Alexandria, Virginia 22314
Room 238, Federal Building
Anchorage, Alaska 99510
275 Peachtree Street, NE
Atlanta, Georgia 30303
7142 Ambassador Road
Baltimore, Maryland 21207
Room 1400 - 2121 Building
Birmingham, Alabama 35203
John F. Kennedy Federal Office Building
Boston, Massachusetts 02203
Room 1400 - 111 West Huron Street
Buffalo, New York 14202
115 U.S. Court House and Federal Building
Butte, Montana 59701
1120 Jefferson Standard Life Building
Charlotte, North Carolina 28202
Room 905, Everett McKinley Dirksen Building
Chicago, Illinois 60604
415 U.S. Post Office & Court House Building
Cincinnati, Ohio 45202
3005 Federal Office Building
Cleveland, Ohio 44199
1529 Hampton Street
Columbia, South Carolina 29201
Room 200, 1810 Commerce Street
Dallas, Texas 75201
Room 18218, Federal Office Building
Denver, Colorado 80202
Patrick V. McNamara Building
477 Michigan Avenue
Detroit, Michigan 48226
202 U.S. Court House Building
El Paso, Texas 79901
Kalanianaole Federal Building
Room 4307
300 Ala Moana Boulevard
Honolulu, Hawaii 96850
6015 Federal Building and U.S. Court House
Houston, Texas 77002
575 North Pennsylvania St.
Indianapolis, Indiana 46202
800 Unifirst Federal Savings & Loan Building
Jackson, Mississippi 39205
414 U.S. Court House & Post Office Building
Jacksonville, Florida 32202
Room 300 - U.S. Courthouse
Kansas City, Missouri 64106
Room 800, 1111 Northshore Drive
Knoxville, Tennessee 37919
Room 2-011, Federal Office Building
Las Vegas, Nevada 89101
215 U.S. Post Office Building
Little Rock, Arkansas 72201
11000 Wilshire Boulevard
Los Angeles, California 90024
Room 502, Federal Building
Louisville, Kentucky 40202
841 Clifford Davis Federal Building
Memphis, Tennessee 38103
3801 Biscayne Boulevard
Miami, Florida 33137
Room 700, Federal Building and U.S. Court House
Milwaukee, Wisconsin 53202
392 Federal Building
Minneapolis, Minnesota 55401
520 Federal Building
Mobile, Alabama 36602
Gateway I, Market Street
Newark, New Jersey 07101
770 Chapel Building
New Haven, Connecticut 06510
701 Loyola Avenue
New Orleans, Louisiana 70113
201 East 69th Street
New York, New York 10021
Room 300, 870 Military Highway
Norfolk, Virginia 23502
50 Penn Place, N.W., 50th at Pennsylvania
Oklahoma City, Oklahoma 73118
1010 Federal Office Building
Omaha, Nebraska 68102
8th Floor, Federal Office Building
600 Arch Street
Philadelphia, Pennsylvania 19106
2721 North Central Avenue
Phoenix, Arizona 85004
1300 Federal Office Building
Pittsburgh, Pennsylvania 15222
Crown Plaza Building
Portland, Oregon 97201
200 West Grace Street
Richmond, Virginia 23220
Federal Building
2800 Cottage Way
Sacramento, California 95825
2704 Federal Building
St. Louis, Missouri 63103
3203 Federal Building
Salt Lake City, Utah 84138
433 Federal Building
Box 1630
San Antonio, Texas 78296
Federal Office Building
Room 6531
88 Front Street
San Diego, California 92188
450 Golden Gate Avenue
San Francisco, California 94102
U.S. Courthouse and Federal Building
Room 526
Hato Rey, Puerto Rico 00918
5401 Paulsen Street
Savannah, Georgia 31405
915 Second Avenue
Seattle, Washington 98174
535 West Jefferson Street
Springfield, Illinois 62702
Room 610, Federal Office Building
Tampa, Florida 33602
506 Old Post Office Building
Washington, DC 20535
Federal Bureau of Investigation Academy
Quantico, Virginia 22135
LEGAL ATTACHE (all c/o The American Embassy for the cities indicated):
Bern, Switzerland
Bonn, Germany (Box 310, APO, New York 09080)
Buenos Aires, Argentina
Caracas, Venezuela (APO, New York 09893)
Hong Kong, B.C.C. (FPO, San Francisco 96659)
London, England (Box 40, FPO, New York 09510)
Madrid, Spain (APO, New York 09285)
Manila, Philippines (APO, San Francisco 96528)
Mexico City, Mexico
Ottawa, Canada
Paris, France (APO, New York 09777)
Rome, Italy (APO, New York 09794)
Tokyo, Japan (APO, San Francisco 96503)
DEPARTMENT OF JUSTICE
FOREIGN CLAIMS SETTLEMENT COMMISSION
JUSTICE/FCSC--1
System name: Indexes of Claimants (Alphabetical)--FCSC.
System location:
Foreign Claims Settlement Commission, 1111 20th Street, NW,
Washington, DC 20579.
Categories of individuals covered by the system:
Maintained on all individuals who filed claims for compensation under
the statutes administered by the Foreign Claims Settlement Commission.
Categories of records in the system:
3 x 5 index cards and data processing print-out indexes containing
names of claimants, claim and decision numbers, date and disposition
of claims, addresses and dates of birth.
Authority for maintenance of the system:
5 U.S.C. 301.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Used by authorized Commission personnel for identification of
individual claims and to obtain information concerning disposition of
claims where record systems have been destroyed.
The information contained in this system of records will be disclosed
to the Office of Management and Budget, in connection with the review
of private relief legislation as set forth in OMB Circular No. A-19,
at any stage of the legislative coordination and clearance process as
set forth in that circular.
A record from this system of records may be disclosed as a routine use
to a member of Congress or to a congressional staff member in response
to an inquiry of the congressional office made at the request of the
individual about whom the record is maintained.
A record, or any facts derived therefrom, may be disclosed in a
proceeding before a court or adjudicative body before which the FCSC
is authorized to appear or to the Department of Justice for use in
such proceeding when:
i. The FCSC, or any subdivision thereof, or
ii. Any employee of the FCSC in his or her official capacity, or
iii. Any employee of the FCSC in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the FCSC determines that the litigation
is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such
records are determined by the FCSC to be arguably relevant and
necessary to the litigation and such disclosure is determined by the
FCSC to be a use compatible with the purpose for which the records
were collected.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper index cards contained in metal cardex containers. Data
processing index print-outs stored on shelves in cardboard binders.
Retrievability:
By name.
Safeguards:
Security guards in building. Records maintained in locked rooms
accessible only to authorized Commission personnel.
Retention and disposal:
Permanent records. Disposition will be made in accordance with 44
U.S.C. 3301-3314 when such records are determined no longer useful.
System manager(s) and address:
Administrative Office, Foreign Claims Settlement Commission, 1111 20th
Street NW, Washington, DC 20579. 202/653-6155 or TDD 202/653-5112.
Notification procedure:
Set forth in part 504 of title 45, Code of Federal Regulations.
Contesting record procedures:
Same as above.
Record source categories:
Individual on whom the record is maintained and information obtained
by actions taken by the Foreign Claims Settlement Commission as a
result of adjudication of individual claims.
JUSTICE/FCSC--2
System name: Bulgaria, Claims Against (1st Program)--FCSC.
System location:
Washington National Records Center, 4205 Suitland Road, Washington, DC
20409.
Categories of individuals covered by the system:
U.S. Nationals who suffered certain property losses or damages in
Bulgaria prior to August 9, 1955.
Categories of records in the system:
Claim application form containing name and address of claimant and
representative, if any; date and place of birth or naturalization;
nature and amount of claim; description, ownership, and value of
property; and evidence to support claim for the purpose of receiving
compensation.
Authority for maintenance of the system:
Title III, International Claims Settlement Act of 1949, as amended.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records were used for the purpose of adjudicating claims of
individuals; issuance of decisions concerning eligibility to receive
compensation under the Act; notifications to claimants of rights to
appeal; and preparation of certifications of awards, if any, to
Treasury Department for payment by authorized FCSC personnel. Names
and other data furnished by claimants used for verifying citizenship
status with INS. Law enforcement: In the event that a system of
records maintained by FCSC to carry out its functions indicates a
violation or potential violation of law, whether civil, criminal or
regulatory in nature, and whether arising by general statute or
particular program statute, or by regulation, rule or order issued
pursuant thereto, the relevant records in the system of records may be
referred, as a routine use, to the appropriate agency, whether
Federal, State, local or foreign, charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing
or implementing the statute, or rule, regulation or order issued
pursuant thereto.
The information contained in this system of records will be disclosed
to the Office of Management and Budget, in connection with the review
of private relief legislation as set forth in OMB Circular No. A-19,
at any stage of the legislative coordination and clearance process as
set forth in that circular.
A record from this system of records may be disclosed as a routine use
to a member of Congress or to a congressional staff member in response
to an inquiry of the congressional office made at the request of the
individual about whom the record is maintained.
A record, or any facts derived therefrom, may be disclosed in a
proceeding before a court or adjudicative body before which the FCSC
is authorized to appear or to the Department of Justice for use in
such proceeding when:
i. The FCSC, or any subdivision thereof, or
ii. Any employee of the FCSC in his or her official capacity, or
iii. Any employee of the FCSC in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the FCSC determines that the litigation
is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such
records are determined by the FCSC to be arguably relevant and
necessary to the litigation and such disclosure is determined by the
FCSC to be a use compatible with the purpose for which the records
were collected.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper records maintained in file folders.
Retrievability:
Filed numerically by claim number. File folders retrieved from Records
Center by claim number. Alphabetical index used for identification of
claim (see system ``Justice/FCSC-1'' above).
Safeguards:
Under security safeguards at Washington National Records Center.
Retention and disposal:
Records maintained under 5 U.S.C. 301. Disposal of records will be
made in accordance with 44 U.S.C. 3301-3314 when such records are
determined no longer useful. This system of records was retired to the
Washington National Record Center after the completion of the claims
program on August 9, 1959.
System manager(s) and address:
Administrative Office, Foreign Claims Settlement Commission, 1111 20th
Street NW, Washington, DC 20579. 202/653-6155 or TDD 202/653-5112.
Notification procedure:
Set forth in part 504 of title 45, Code of Federal Regulations.
Contesting record procedures:
Same as above.
Record source categories:
Individual on whom the record is maintained.
JUSTICE/FCSC--3
System name: Bulgaria, Claims Against (2nd Program)--FCSC.
System location:
Washington National Records Center, 4205 Suitland Road, Washington, DC
20409.
Categories of individuals covered by the system:
US Nationals who suffered property losses in Bulgaria between August
9, 1955, and July 2, 1963.
Categories of records in the system:
Claim application form containing name and address of claimant and
representative, if any, date and place of birth or naturalization;
nature and amount of claim; description, ownership, and value of
property; and evidence to support claim for the purpose of receiving
compensation.
Authority for maintenance of the system:
Title III, International Claims Settlement Act of 1949, as amended,
and US-Bulgarian Claims Agreement of July 2, 1963.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records were used for the purpose of adjudicating claims of
individuals; issuance of decisions concerning eligibility to receive
compensation under the Act; notifications to claimants of rights to
appeal; and preparation of certifications of awards, if any, to
Treasury Department for payment by authorized FCSC personnel. Names
and other data furnished by claimants used for verifying citizenship
status with INS. Law enforcement: In the event that a system of
records maintained by FCSC to carry out its functions indicates a
violation or potential violation of law, whether civil, criminal or
regulatory in nature, and whether arising by general statute or
particular program statute, or by regulation, rule or order issued
pursuant thereto, the relevant records in the system of records may be
referred, as a routine use, to the appropriate agency, whether
federal, state, local or foreign, charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing
or implementing the statute, or rule, regulation or order issued
pursuant thereto.
The information contained in this system of records will be disclosed
to the Office of Management and Budget, in connection with the review
of private relief legislation as set forth in OMB Circular No. A-19,
at any stage of the legislative coordination and clearance process as
set forth in that circular.
A record from this system of records may be disclosed as a routine use
to a member of Congress or to a congressional staff member in response
to an inquiry of the congressional office made at the request of the
individual about whom the record is maintained.
A record, or any facts derived therefrom, may be disclosed in a
proceeding before a court or adjudicative body before which the FCSC
is authorized to appear or to the Department of Justice for use in
such proceeding when:
i. The FCSC, or any subdivision thereof, or
ii. Any employee of the FCSC in his or her official capacity, or
iii. Any employee of the FCSC in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the FCSC determines that the litigation
is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such
records are determined by the FCSC to be arguably relevant and
necessary to the litigation and such disclosure is determined by the
FCSC to be a use compatible with the purpose for which the records
were collected.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper records maintained in file folders.
Retrievability:
Filed numerically by claim number. File folders retrieved from Records
Center by claim number. Alphabetical index used for identification of
claim (see system ``Justice/FCSC-1'' above).
Safeguards:
Under security safeguards at Washington National Records Center.
Retention and disposal:
Records maintained under 5 U.S.C. 301. Disposal of records will be
made in accordance with 44 U.S.C. 3301-3314 when such records are
determined no longer useful. This system of records was retired to the
Washington National Records Center after the completion of the claims
program on December 24, 1971.
System manager(s) and address:
Administrative Office, Foreign Claims Settlement Commission, 1111 20th
Street NW, Washington, DC 20579. 202/653-6155 or TDD 202/653-5112.
Notification procedure:
Set forth in part 504 of title 45, Code of Federal Regulations.
Contesting record procedures:
Same as above.
Record source categories:
Individual on whom the record is maintained.
JUSTICE/FCSC--4
System name: Certification of Awards--FCSC.
System location:
Foreign Claims Settlement Commission, 1111 20th Street, NW,
Washington, DC 20579.
Categories of individuals covered by the system:
Individuals receiving awards under the International Claims Settlement
Act of 1949, as amended, and War Claims Act of 1948, as amended.
Categories of records in the system:
Names and addresses of claimants and amounts of awards certified to
Treasury Department for payment. Name and address of claimant's
representative, if any, also included in certification voucher.
Authority for maintenance of the system:
International Claims Settlement Act of 1949, as amended, and War
Claims Act of 1948, as amended.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Award certifications prepared by authorized FCSC personnel and
forwarded to Treasury Department for payment in accordance with
statutory authority and Treasury Department regulations and
procedures.
The information contained in this system of records will be disclosed
to the Office of Management and Budget, in connection with the review
of private relief legislation as set forth in OMB Circular No. A-19,
at any stage of the legislative coordination and clearance process as
set forth in that circular.
A record from this system of records may be disclosed as a routine use
to a member of Congress or to a congressional staff member in response
to an inquiry of the congressional office made at the request of the
individual about whom the record is maintained.
A record, or any facts derived therefrom, may be disclosed in a
proceeding before a court or adjudicative body before which the FCSC
is authorized to appear or to the Department of Justice for use in
such proceeding when:
i. The FCSC, or any subdivision thereof, or
ii. Any employee of the FCSC in his or her official capacity, or
iii. Any employee of the FCSC in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the FCSC determines that the litigation
is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such
records are determined by the FCSC to be arguably relevant and
necessary to the litigation and such disclosure is determined by the
FCSC to be a use compatible with the purpose for which the records
were collected.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Contained in file folders.
Retrievability:
By voucher number and date of certification.
Safeguards:
Building has building guards. Records are maintained in file cabinets
in locked rooms.
Retention and disposal:
Records maintained under 5 U.S.C. 301. Disposal of records will be
made in accordance with 44 U.S.C. 3301-3314 when such records are
determined no longer useful.
System manager(s) and address:
Administrative Office, Foreign Claims Settlement Commission, 1111 20th
Street NW, Washington, DC 20579. 202/653-6155 or TDD 202/653-5112.
Notification procedure:
Set forth in part 504 of title 45, Code of Federal Regulations.
Contesting record procedures:
Same as above.
Record source categories:
From award portion of decisions as determined by FCSC.
JUSTICE/FCSC--5
System name: China, Claims Against--FCSC.
System location:
Washington National Records Center, 4205 Suitland Road, Washington, DC
20409.
Categories of individuals covered by the system:
US nationals who suffered property losses, death and disability in
mainland China arising between October 1, 1949, and May 11, 1979.
Categories of records in the system:
Claim application form containing name and address of claimant and
representative, if any; date and place of birth or naturalization of
claimant; nature and amount of claim; description, ownership and value
of property; and evidence to support claim.
Authority for maintenance of the system:
Titles I and V, International Claims Settlement Act of 1949, as
amended.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Adjudication of claims, issuance of decisions as to the validity and
amounts of claims and issuance of certifications to each individual
claimant as to amount determined by FCSC officials and personnel. Such
amounts and copies of FCSC decisions were certified to the Secretary
of State and to the Secretary of the Treasury. Law enforcement: In the
event that a system of records maintained by FCSC to carry out its
functions indicates a violation or potential violation of law, whether
civil, criminal or regulatory in nature, and whether arising by
general statute, particular program statute, or by regulation, rule or
order issued pursuant thereto, the relevant records in the system of
records may be referred, as a routine use, to the appropriate agency,
whether Federal, State, local or foreign, charged with the
responsibility of investigating or prosecuting such violation or
charged with enforcing or implementing the statute, or rule,
regulation or order issued pursuant thereto.
The information contained in this system of records will be disclosed
to the Office of Management and Budget, in connection with the review
of private relief legislation as set forth in OMB Circular No. A-19,
at any stage of the legislative coordination and clearance process as
set forth in that circular.
A record from this system of records may be disclosed as a routine use
to a member of Congress or to a congressional staff member in response
to an inquiry of the congressional office made at the request of the
individual about whom the record is maintained.
A record, or any facts derived therefrom, may be disclosed in a
proceeding before a court or adjudicative body before which the FCSC
is authorized to appear or to the Department of Justice for use in
such proceeding when:
ii. Any employee of the FCSC in his or her official capacity, or
iii. Any employee of the FCSC in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the FCSC determines that the litigation
is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such
records are determined by the FCSC to be arguably relevant and
necessary to the litigation and such disclosure is determined by the
FCSC to be a use compatible with the purpose for which the records
were collected.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper records maintained in file folders.
Retrievability:
Filed numerically by claim number. File folders retrieved from Records
Center by claim number. Alphabetical index used for identification of
claim (see system ``Justice/FCSC-1'' above).
Safeguards:
Under security safeguards at Washington National Records Center.
Retention and disposal:
Records maintained under 5 U.S.C. 301. Disposal of records will be
made in accordance with 44 U.S.C. 3301-3314 when such records are
determined no longer useful.
System manager(s) and address:
Administrative Office, Foreign Claims Settlement Commission, 1111 20th
Street NW, Washington, DC 20579. 202/653-6155 or TDD 202/653-5112.
Notification procedure:
Set forth in part 504 of title 45, Code of Federal Regulations.
Contesting record procedures:
Same as above.
Record source categories:
Individual on whom the record is maintained.
JUSTICE/FCSC--6
System name: Civilian Internees (Vietnam)--FCSC.
System location:
Washington National Records Center, 4205 Suitland Road, Washington, DC
20409.
Categories of individuals covered by the system:
American citizens held by a hostile force in Southeast Asia during
Vietnam conflict.
Categories of records in the system:
Claim application form contains name and address, date and place of
birth, birth certificates. Verification of internment furnished by
State Department contains names, addresses and inclusive dates of
internment.
Authority for maintenance of the system:
Section 5(i), War Claims Act of 1948, as amended.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Adjudication of claims of American citizens and certification of
awards to Treasury Department for payment by authorized FCSC
personnel. Law enforcement: In the event that a system of records
maintained by FCSC to carry out its functions indicates a violation or
potential violation of law, whether civil, criminal or regulatory in
nature, and whether arising by general statute or particular program
statute, or by regulation, rule or order issued pursuant thereto, the
relevant records in the system of records may be referred, as a
routine use, to the appropriate agency, whether federal, state, local
or foreign, charged with the responsibility of investigating or
prosecuting such violation or charged with enforcing or implementing
the statute, or rule, regulation or order issued pursuant thereto.
The information contained in this system of records will be disclosed
to the Office of Management and Budget, in connection with the review
of private relief legislation as set forth in OMB Circular No. A-19,
at any stage of the legislative coordination and clearance process as
set forth in that circular.
A record from this system of records may be disclosed as a routine use
to a member of Congress or to a congressional staff member in response
to an inquiry of the congressional office made at the request of the
individual about whom the record is maintained.
A record, or any facts derived therefrom, may be disclosed in a
proceeding before a court or adjudicative body before which the FCSC
is authorized to appear or to the Department of Justice for use in
such proceeding when:
i. The FCSC, or any subdivision thereof, or
ii. Any employee of the FCSC in his or her official capacity, or
iii. Any employee of the FCSC in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the FCSC determines that the litigation
is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such
records are determined by the FCSC to be arguably relevant and
necessary to the litigation and such disclosure is determined by the
FCSC to be a use compatible with the purpose for which the records
were collected.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper records maintained in file folders.
Retrievability:
Filed by claim number. Cross-referenced by alphabetical index cards
(see system ``Justice/FCSC-1'' above).
Safeguards:
Under security safeguards at Washington National Records Center.
Retention and disposal:
Records maintained under 5 U.S.C. 301. Disposal of records will be
made in accordance with 44 U.S.C. 3301-3314 when such records are
determined no longer useful.
System manager(s) and address:
Administrative Office, Foreign Claims Settlement Commission, 1111 20th
Street NW, Washington, DC 20579. 202/653-6155 or TDD 202/653-5112.
Notification procedure:
Set forth in part 504 of title 45, Code of Federal Regulations.
Contesting record procedures:
Same as above.
Record source categories:
Individual on whom record is maintained.
JUSTICE/FCSC--7
System name: Correspondence (General)--FCSC.
System location:
Foreign Claims Settlement Commission, 1111 20th Street, NW,
Washington, DC 20579.
Categories of individuals covered by the system:
Generally, US nationals suffering losses in foreign countries; also
inquiries from Congressmen.
Categories of records in the system:
Correspondence containing names and addresses of individual,
description and location of property or other types of losses.
Inquiries generally are related to claims, Commission procedures and
other related matters not included under the ``Correspondence
(Inquiries concerning claims in foreign countries)'' system.
Authority for maintenance of the system:
5 U.S.C. 301.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
For dissemination of requested information to individuals by FCSC
personnel. Correspondence may be referred to other concerned agencies
on matters not within the jurisdiction of FCSC.
The information contained in this system of records will be disclosed
to the Office of Management and Budget, in connection with the review
of private relief legislation as set forth in OMB Circular No. A-19,
at any stage of the legislative coordination and clearance process as
set forth in that circular.
A record from this system of records may be disclosed as a routine use
to a member of Congress or to a congressional staff member in response
to an inquiry of the congressional office made at the request of the
individual about whom the record is maintained.
A record, or any facts derived therefrom, may be disclosed in a
proceeding before a court or adjudicative body before which the FCSC
is authorized to appear or to the Department of Justice for use in
such proceeding when:
i. The FCSC, or any subdivision thereof, or
ii. Any employee of the FCSC in his or her official capacity, or
iii. Any employee of the FCSC in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the FCSC determines that the litigation
is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such
records are determined by the FCSC to be arguably relevant and
necessary to the litigation and such disclosure is determined by the
FCSC to be a use compatible with the purpose for which the records
were collected.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Alphabetical in file cabinets.
Retrievability:
By name.
Safeguards:
Security guards in building. Records maintained in file cabinets in
locked rooms accessible only to authorized Commission personnel.
Retention and disposal:
Records maintained under 5 U.S.C. 301. Disposal of records will be
made in accordance with 44 U.S.C. 3301-3314 when such records are
determined no longer useful.
System manager(s) and address:
Administrative Office, Foreign Claims Settlement Commission, 1111 20th
Street NW, Washington, DC 20579. 202/653-6155 or TDD 202/653-5112.
Notification procedure:
Set forth in part 504 of title 45, Code of Federal Regulations.
Contesting record procedures:
Same as above.
Record source categories:
Individual on whom the record is maintained.
JUSTICE/FCSC--8
System name: Correspondence (Inquiries Concerning Claims in
Foreign Countries)--FCSC.
System location:
Foreign Claims Settlement Commission, 1111 20th Street NW, Washington,
DC 20579.
Categories of individuals covered by the system:
US nationals suffering losses in foreign countries; inquiries from
Congressmen.
Categories of records in the system:
Correspondence containing names and addresses of individuals and
description and location of property or other types of losses.
Inquiries generally are related to claims programs administered by
FCSC. Records also include those transferred from State Department
which may relate to such programs.
Authority for maintenance of the system:
5 U.S.C. 301, sec. 4(d), International Claims Settlement Act of 1949,
as amended, and sec. 216, War Claims Act of 1948, as amended.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
For dissemination of information by authorized FCSC personnel to
individuals making inquiries concerning various claims programs
authorized under the International Claims Settlement Act of 1949, as
amended, the War Claims Act of 1948, as amended, international claims
agreements, and for notification purposes for newly authorized claims
programs under which individuals may be affected.
The information contained in this system of records will be disclosed
to the Office of Management and Budget, in connection with the review
of private relief legislation as set forth in OMB Circular No. A-19,
at any stage of the legislative coordination and clearance process as
set forth in that circular.
A record from this system of records may be disclosed as a routine use
to a member of Congress or to a congressional staff member in response
to an inquiry of the congressional office made at the request of the
individual about whom the record is maintained.
A record, or any facts derived therefrom, may be disclosed in a
proceeding before a court or adjudicative body before which the FCSC
is authorized to appear or to the Department of Justice for use in
such proceeding when:
i. The FCSC, or any subdivision thereof, or
ii. Any employee of the FCSC in his or her official capacity, or
iii. Any employee of the FCSC in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the FCSC determines that the litigation
is likely to affect it or any of its subdivision,
is a party to litigation or has an interest in litigation and such
records are determined by the FCSC to be arguably relevant and
necessary to the litigation and such disclosure is determined by the
FCSC to be a use compatible with the purpose for which the records
were collected.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Alphabetical in file cabinets.
Retrievability:
By name.
Safeguards:
Security guards in building. Records maintained in file cabinets in
locked rooms accessible only to authorized Commission personnel.
Retention and disposal:
Records maintained under 5 U.S.C. 301. Disposal of records will be
made in accordance with 44 U.S.C. 3301-3314 when such records are
determined no longer useful.
System manager(s) and address:
Administrative Office, Foreign Claims Settlement Commission, 1111 20th
Street NW, Washington, DC 20579. 202/653-6155 or TDD 202/653-5112.
Notification procedure:
Set forth in part 504 of title 45, Code of Federal Regulations.
Contesting record procedures:
Same as above.
Record source categories:
Individual on whom the record is maintained.
JUSTICE/FCSC--9
System name: Cuba, Claims Against--FCSC.
System location:
Washington National Records Center, 4205 Suitland Road, Washington, DC
20409.
Categories of individuals covered by the system:
US nationals who suffered property losses, death and disability in
Cuba since January 1, 1959.
Categories of records in the system:
Claim application form containing name and address of claimant and
representative, if any; date and place of birth or naturalization;
nature and amount of claim; description, ownership, and value of
property; and evidence to support claim, including medical and death
records in claims involving death and disability.
Authority for maintenance of the system:
Title V, International Claims Settlement Act of 1949, as amended.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Adjudication of claims, issuance of decisions as to the validity and
amounts of claims and issuance of certifications to each individual
claimant as to amount determined by FCSC officials and personnel. Such
amounts and copies of FCSC decisions were certified to the Secretary
of State pending conclusion of any claims settlement agreement between
US and Cuba. Law enforcement: In the event that a system of records
maintained by FCSC to carry out its functions indicates a violation or
potential violation of law, whether civil, criminal or regulatory in
nature, and whether arising by general statute or particular program
statute, or by regulation, rule or order issued pursuant thereto, the
relevant records in the system of records may be referred, as a
routine use, to the appropriate agency, whether Federal, State, local
or foreign, charged with the responsibility of investigating or
prosecuting such violation or charged with enforcing or implementing
the statute, or rule, regulation or order issued pursuant thereto.
The information contained in this system of records will be disclosed
to the Office of Management and Budget, in connection with the review
of private relief legislation as set forth in OMB Circular No. A-19,
at any stage of the legislative coordination and clearance process as
set forth in that circular.
A record from this system of records may be disclosed as a routine use
to a member of Congress or to a congressional staff member in response
to an inquiry of the congressional office made at the request of the
individual about whom the record is maintained.
A record, or any facts derived therefrom, may be disclosed in a
proceeding before a court or adjudicative body before which the FCSC
is authorized to appear or to the Department of Justice for use in
such proceeding when:
i. The FCSC, or any subdivision thereof, or
ii. Any employee of the FCSC in his or her official capacity, or
iii. Any employee of the FCSC in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the FCSC determines that the litigation
is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such
records are determined by the FCSC to be arguably relevant and
necessary to the litigation and such disclosure is determined by the
FCSC to be a use compatible with the purpose for which the records
were collected.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper records maintained in file folders.
Retrievability:
Filed numerically by claim number. File Folders retrieved from Records
Center by claim number. Alphabetical index used for identification of
claim (see system ``Justice/FCSC-1'' above).
Safeguards:
Under security safeguards at Washington National Records Center.
Retention and disposal:
Records maintained under 5 U.S.C. 301. Disposal of records will be
made in accordance with 44 U.S.C. 3301-3314 when such records are
determined no longer useful.
System manager(s) and address:
Administrative Office, Foreign Claims Settlement Commission, 1111 20th
Street NW, Washington, DC 20579. 202/653-6155 or TDD 202/653-5112.
Notification procedure:
Set forth in part 504 of title 45, Code of Federal Regulations.
Contesting record procedures:
Same as above.
Record source categories:
Individual on whom the record is maintained.
JUSTICE/FCSC--10
System name: Czechoslovakia, Claims Against (1st and 2nd
Programs)--FCSC.
System location:
Washington National Records Center, 4205 Suitland Road, Washington, DC
20409.
Categories of individuals covered by the system:
US nationals who suffered property losses in Czechoslovakia from
January 1, 1945, to August 8, 1958 (1st Program) and from August 9,
1958 to February 2, 1982 (2nd Program).
Categories of records in the system:
Claim application form containing name and address of claimant and
representative, if any; date and place of birth or naturalization;
nature and amount of claim; description, ownership, and value of
property; and evidence to support claim for the purpose of receiving
compensation.
Authority for maintenance of the system:
Title IV, International Claims Settlement Act of 1949, as amended (1st
Program) and the Czechoslovakian Claims Settlement Act of 1981 (2nd
Program).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records were used for the purpose of adjudicating claims of
individuals; issuance of decisions concerning eligibility to receive
compensation under the Act; notifications to claimants of rights to
appeal; and preparation of certifications of awards, if any, to
Treasury Department for payment by authorized by FCSC personnel. Names
and other data furnished by claimants used for verifying citizenship
status with INS. Law enforcement: In the event that a system of
records maintained by FCSC to carry out its functions indicates a
violation or potential violation of law, whether civil, criminal or
regulatory in nature, and whether arising by general statute or
particular program statute, or by regulation, rule or order issued
pursuant thereto, the relevant records in the system of records may be
referred, as a routine use, to the appropriate agency, whether
Federal, State, local or foreign, charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing
or implementing the statute, or rule, regulation or order issued
pursuant thereto.
The information contained in this system of records will be disclosed
to the Office of Management and Budget, in connection with the review
of private relief legislation as set forth in OMB Circular No. A-19,
at any stage of the legislative coordination and clearance process as
set forth in that circular.
A record from this system of records may be disclosed as a routine use
to a member of Congress or to a congressional staff member in response
to an inquiry of the congressional office made at the request of the
individual about whom the record is maintained.
A record, or any facts derived therefrom, may be disclosed in a
proceeding before a court or adjudicative body before which the FCSC
is authorized to appear or to the Department of Justice for use in
such proceeding when:
i. The FCSC, or any subdivision thereof, or
ii. Any employee of the FCSC in his or her official capacity, or
iii. Any employee of the FCSC in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the FCSC determines that the litigation
is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such
records are determined by the FCSC to be arguably relevant and
necessary to the litigation and such disclosure is determined by the
FCSC to be a use compatible with the purpose for which the records
were collected.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper records maintained in file folders.
Retrievability:
Filed numerically by claim number. File Folders retrieved from Records
Center by claim number. Alphabetical index used for identification of
claim (see system ``Justice/FCSC-1'' above).
Safeguards:
Under security safeguards at Washington National Records Center.
Retention and disposal:
Records maintained under 5 U.S.C. 301. Disposal of records will be
made in accordance with 44 U.S.C. 3301-3314 when such records are
determined no longer useful.
System manager(s) and address:
Administrative Office, Foreign Claims Settlement Commission, 1111 20th
Street NW, Washington, DC 20579. 202/653-6155 or TDD 202/653-5112.
Notification procedure:
Set forth in part 504 of Title 45, Code of Federal Regulations.
Contesting record procedures:
Same as above.
Record source categories:
Individual on whom the record is maintained.
JUSTICE/FCSC--11
System name: East Germany, Registration of Claims Against--FCSC.
System location:
Foreign Claims Settlement Commission, 1111 20th Street, NW,
Washington, DC 20579.
Categories of individuals covered by the system:
US nationals who suffered certain property losses in East Germany.
Categories of records in the system:
Claims registration form containing name and address of claimant and
representative, if any; date and place of birth or naturalization;
nature and amount of claim; description, ownership, and value of
property; and evidence to support claim for the purpose of receiving
compensation.
Authority for maintenance of the system:
Title I, International Claims Settlement Act of 1949, as amended.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Information received from individuals on registration forms is for use
in preparation of statistical reports which will form the basis for
further discussions by the State Department for negotiations between
the Governments of the United States and the German Democratic
Republic for the settlement of claims of US nationals not otherwise
settled. Registration forms filed will be used by FCSC personnel in
the distribution of formal claim application forms in case a claims
settlement agreement is reached at a future date.
The information contained in this system of records will be disclosed
to the Office of Management and Budget, in connection with the review
of private relief legislation as set forth in OMB Circular No. A-19,
at any stage of the legislative coordination and clearance process as
set forth in that circular.
A record from this system of records may be disclosed as a routine use
to a member of Congress or to a congressional staff member in response
to an inquiry of the congressional office made at the request of the
individual about whom the record is maintained.
A record, or any facts derived therefrom, may be disclosed in a
proceeding before a court or adjudicative body before which the FCSC
is authorized to appear or to the Department of Justice for use in
such proceeding when:
i. The FCSC, or any subdivision thereof, or
ii. Any employee of the FCSC in his or her official capacity, or
iii. Any employee of the FCSC in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the FCSC determines that the litigation
is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such
records are determined by the FCSC to be arguably relevant and
necessary to the litigation and such disclosure is determined by the
FCSC to be a use compatible with the purpose for which the records
were collected.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Numerical order in file cabinets. Cross-reference alphabetical index.
Retrievability:
By name.
Safeguards:
Building employs security guards. Records are maintained in locked
room accessible only to authorized FCSC personnel.
Retention and disposal:
Records maintained under 5 U.S.C. 301. Disposal of records will be
made in accordance with 44 U.S.C. 3301-3314 when such records are
determined no longer useful.
System manager(s) and address:
Administrative Office, Foreign Claims Settlement Commission, 1111 20th
Street NW, Washington, DC 20579. 202/653-6155 or TDD 202/653-5112.
Notification procedure:
Set forth in part 504 of title 45, Code of Federal Regulations.
Contesting record procedures:
Same as above.
Record source categories:
Individual on whom the record is maintained.
JUSTICE/FCSC--12
System name: Federal Republic of Germany, Questionnaire
Inquiries From--FCSC.
System location:
Washington National Records Center, 4205 Suitland Road, Washington, DC
20409.
Categories of individuals covered by the system:
Individuals suffering losses in Eastern European countries, including
Germany.
Categories of records in the system:
Questionnaires from Federal Republic of Germany (Ausgleichsamt)
containing name, address, date and place of birth or naturalization;
description and location of property. Such information was furnished
to Federal Republic of Germany by US residents who filed claims under
the West German Federal Compensation Laws (BEG).
Authority for maintenance of the system:
5 U.S.C. 301.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
To inform Federal Republic Of Germany Equalization of Burdens offices
whether individuals who filed claims for losses compensable under the
West German Federal Compensation Laws (BEG) also filed claims with the
Foreign Claims Settlement Commission under US claims statutes and
received compensation under such statutes for the same losses.
Information furnished to FRG obtained from FCSC decisions or claim
applications from individuals who filed claims with FCSC.
The information contained in this system of records will be disclosed
to the Office of Management and Budget, in connection with the review
of private relief legislation as set forth in OMB Circular No. A-19,
at any stage of the legislative coordination and clearance process as
set forth in that circular.
A record from this system of records may be disclosed as a routine use
to a member of Congress or to a congressional staff member in response
to an inquiry of the congressional office made at the request of the
individual about whom the record is maintained.
A record, or any facts derived therefrom, may be disclosed in a
proceeding before a court or adjudicative body before which the FCSC
is authorized to appear or to the Department of Justice for use in
such proceeding when:
i. The FCSC, or any subdivision thereof, or
ii. Any employee of the FCSC in his or her official capacity, or
iii. Any employee of the FCSC in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the FCSC determines that the litigation
is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such
records are determined by the FCSC to be arguably relevant and
necessary to the litigation and such disclosure is determined by the
FCSC to be a use compatible with the purpose for which the records
were collected.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper records in file folders.
Retrievability:
By name.
Safeguards:
Under security safeguards at Washington National Records Center.
Retention and disposal:
Records maintained under 5 U.S.C. 301. Disposal of records will be
made in accordance with 44 U.S.C. 3301-3314 when such records are
determined no longer useful.
System manager(s) and address:
Administrative Office, Foreign Claims Settlement Commission, 1111 20th
Street NW, Washington, DC 20579. Telephone: 202/653-6155 or TDD 202/
653-5112.
Notification procedure:
Set forth in part 504 of title 45, Code of Federal Regulations.
Contesting record procedures:
Same as above.
Record source categories:
Questionnaire from Federal Republic of Germany (Equalization of
Burdens Office).
JUSTICE/FCSC--13
System name: Payroll Records--FCSC.
System location:
Justice Department, Payroll Services Center, 633 Indiana Ave., NW,
Washington, DC 20530. Copies held by FCSC, 1111 20th Street NW,
Washington, DC 20579.
Categories of records in the system:
Varied payroll records, including, among other documents, time and
attendance sheets; payment vouchers; comprehensive listing of
employees; health benefits records; requests for deductions; tax
forms, W-2 forms, overtime requests; leave data; retirement records.
Records are used by FCSC and Justice Department employees to maintain
adequate payroll information for the employees, and otherwise by FCSC
and Justice Department employees who have a need for the record in the
performance of their duties.
Authority for maintenance of the system:
31 U.S.C., generally.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
See Appendix under General Personnel Files. Records also are disclosed
to GAO for audits; to the Internal Revenue Service for investigation;
and to private attorneys, pursuant to a power of attorney.
A copy of an employee's Department of the Treasury Form W-2, Wage and
Tax Statement, also is disclosed to the State, city, or other local
jurisdiction which is authorized to tax the employee's compensation.
The record will be provided in accordance with a withholding agreement
between the State, city, or other local jurisdiction and the
Department of the Treasury, pursuant to 5 U.S.C. 5516, 5517, or 5520,
or, in the absence thereof, in response to a written request from an
appropriate official of the taxing jurisdiction to the Administrative
Office, Foreign Claims Settlement Commission, 1111 20th Street NW,
Washington, DC 20579. The request must include a copy of the
applicable statute or ordinance authorizing the taxation of
compensation and should indicate whether the authority of the
jurisdiction to tax the employee is based on place of residence, place
of employment, or both.
Pursuant to a withholding agreement between a city and the Department
of the Treasury (5 U.S.C. 5520), copies of executed city tax
withholding certificates shall be furnished the city in response to
written request from an appropriate city official to the
Administrative Office.
In the absence of a withholding agreement, the Social Security Number
will be furnished only to a taxing jurisdiction which has furnished
this agency with evidence of its independent authority to compel
disclosure of the Social Security Number, in accordance with Section 7
of the Privacy Act, Pub. L. 93-579.
A record, or any facts derived therefrom, may be disclosed in a
proceeding before a court or adjudicative body before which the FCSC
is authorized to appear or to the Department of Justice for use in
such proceeding when:
i. The FCSC, or any subdivision thereof, or
ii. Any employee of the FCSC in his or her official capacity, or
iii. Any employee of the FCSC in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the FCSC determines that the litigation
is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such
records are determined by the FCSC to be arguably relevant and
necessary to the litigation and such disclosure is determined by the
FCSC to be a use compatible with the purpose for which the records
were collected.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper and microfilm.
Retrievability:
Social Security Number.
Safeguards:
Stored in guarded building; released only to authorized personnel.
Retention and disposal:
In accordance with General Records Schedule 2, GSA Federal Property
Management Regulations.
System manager(s) and address:
Justice Department Payroll Services Center, 633 Indiana Avenue NW,
Washington, DC 20530, and Administrative Office, Foreign Claims
Settlement Commission, 1111 20th Street NW, Washington, DC 20579. 202/
653-6155 or TDD 202/653-5112.
Notification procedure:
Set forth in part 504 of title 45, Code of Federal Regulations.
Record access procedures:
Same as above.
Contesting record procedures:
Same as above.
Record source categories:
The subject individual; the FCSC.
JUSTICE/FCSC--14
System name: General Personnel Files--FCSC.
System location:
Justice Department, Personnel Office, 10th and Pennsylvania Avenue NW,
Washington, DC 20530. Copies held by Administrative Office, Foreign
Claims Settlement Commission, 1111 20th Street NW, Washington, DC
20579.
Categories of individuals covered by the system:
Commission employees and former employees.
Categories of records in the system:
General personnel information, including, among other data, training
and travel records, applications, position descriptions, request for
and notification of personnel action, employee performance ratings and
promotion appraisals, time and attendance records, security
clearances, titles, SCD, DOB, grade, salary, employment history, home
address, age, marital status, SSN, home telephone number, resume, and
letters of recommendation. System contains copies of Office of
Personnel Management and Justice Department personnel forms,
including, among others: Fingerprint chart, security investigation
data for sensitive position, data for noncritical-sensitive position,
US savings bond authorization, physical fitness inquiry for motor
vehicle operators, application for leave, personal qualifications
statement, operational emergencies relocation site, recommendation for
performance recognition, employee appraisal, payroll change slip,
organizational roster, notice of injury or occupational disease, claim
for reimbursement for expenditures, statement of earnings, promotion
appraisal, and receipt for property.
Authority for maintenance of the system:
5 U.S.C., generally.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
See Appendix. Completion of agency forms for request for personnel
actions, security clearances, training authorizations, travel
authorizations, time and attendance records, reports, etc. Also used
for issuing passes, etc. Information is used ``in house'' for
personnel evaluation and management. Information is disclosed to
persons outside the agency for verifying employment/salary, preparing
letters of reference at the request of the employee, making travel and
training arrangements, supplying data to non-Federal attorneys
directories, and furnishing copies of performance appraisals to other
government agencies when employees have applied for jobs elsewhere.
The information contained in this system of records will be disclosed
to the Office of Management and Budget, in connection with the review
of private relief legislation as set forth in OMB Circular No. A-19,
at any stage of the legislative coordination and clearance process as
set forth in that circular.
A record from this system of records may be disclosed as a routine use
to a member of Congress or to a congressional staff member in response
to an inquiry of the congressional office made at the request of the
individual about whom the record is maintained.
A record, or any facts derived therefrom, may be disclosed in a
proceeding before a court or adjudicative body before which the FCSC
is authorized to appear or to the Department of Justice for use in
such proceeding when:
i. The FCSC, or any subdivision thereof, or
ii. Any employee of the FCSC in his or her official capacity, or
iii. Any employee of the FCSC in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the FCSC determines that the litigation
is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such
records are determined by the FCSC to be arguably relevant and
necessary to the litigation and such disclosure is determined by the
FCSC to be a use compatible with the purpose for which the records
were collected.
Appendix
In the event that a system of records maintained by this agency to
carry out its functions indicates a violation or potential violation
of law, whether civil, criminal or regulatory in nature, and whether
arising by general statute or particular program statute, or by
regulation, rule or order issued pursuant thereto, the relevant
records in the system of records may be referred, as a routine use, to
the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation or order issued pursuant thereto.
A record from this system of records may be disclosed as a routine use
to a Federal, State or local agency maintaining civil, criminal or
other relevant enforcement information, such as current licenses, if
necessary to obtain information relevant to an agency decision
concerning the hiring or retention of an employee, the issuance of
security clearance, grant or other benefit.
A record from this system of records may be disclosed to a Federal
agency, in response to its request, in connection with the hiring or
retention of an employee, the issuance of a 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 is relevant and
necessary to the requesting agency's decision in the matter.
A record from this system of records may be disclosed to an authorized
appeal grievance examiner, formal complaints examiner, equal
employment opportunity investigator, arbitrator or other duly
authorized official engaged in investigation or settlement of a
grievance, complaint, or appeal filed by an employee. A record from
this system of records may be disclosed to the United States Office of
Personnel Management in accordance with the agency's responsibility
for evaluation and oversight of Federal personnel management.
A record from this system of records may be disclosed to officers and
employees of a Federal agency for purposes of audit; used by
Administrative Officer and other authorized agency employees; used for
convenient reference to personnel information needed on a daily basis
to complete reports, make payroll adjustments, take personnel action,
and meet other administrative requirements within the Commission and
Justice Department; used also to supply information, as requested by
employees, to persons outside the agency.
The information contained in this system of records will be disclosed
to the Office of Management and Budget, in connection with the review
of private relief legislation as set forth in OMB Circular No. A-19,
at any stage of the legislative coordination and clearance process as
set forth in that circular.
A record from this system of records may be disclosed as a routine use
to a member of Congress or to a congressional staff member in response
to an inquiry of the congressional office made at the request of the
individual about whom the record is maintained.
A record from this system of records may be disclosed to officers and
employees of the Justice Department in connection with administrative
services provided to this agency by the Department.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper files and computer printouts.
Retrievability:
Manual by name, grade, title.
Safeguards:
Filed in guarded buildings; records are available to authorized
persons only.
Retention and disposal:
In accordance with General Records Schedule 1, GSA Federal Property
Management Regulations.
System manager(s) and address:
Justice Department Personnel Office, 10th and Pennsylvania Avenue NW,
Washington, DC 20530, and Administrative Office, Foreign Claims
Settlement Commission, 1111 20th Street NW, Washington, DC 20579. 202/
653-6155 or TDD 202/653-5112.
Notification procedure:
Set forth in part 504 of title 45, Code of Federal Regulations.
Contesting record procedures:
Same as above.
Record source categories:
Official personnel records, Commission and Justice Department
Personnel and Finance Offices. Supervisors, letters of reference or
commendation furnished by agency officials or persons from private
industry, educational information supplied by colleges and
universities, and the individual.
JUSTICE/FCSC--15
System name: General Financial Records--FCSC.
System location:
Justice Department Finance Office, Justice Management Division, 601 D
Street NW, Washington, DC 20530. Copies held by Administrative Office,
Foreign Claims Settlement Commission, 1111 20th Street NW, Washington,
DC 20579.
Categories of individuals covered by the system:
Commission employees and former employees.
Categories of records in the system:
SF 1038, Application and account for advance of funds; vendor register
and vendor payment tape. Information is used by accounting technicians
to maintain adequate financial information and by other officers and
employees of the Justice Department and Commission who have a need for
the record in the performance of their duties.
Authority for maintenance of the system:
31 U.S.C. generally.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
See Appendix under General Personnel Files. Records also are released
to GAO for audits; to the IRS for investigation; and to private
attorneys, pursuant to a power of attorney.
The information contained in this system of records will be disclosed
to the Office of Management and Budget, in connection with the review
of private relief legislation as set forth in OMB Circular No. A-19,
at any stage of the legislative coordination and clearance process as
set forth in that circular.
A record from this system of records may be disclosed as a routine use
to a member of Congress or to a congressional staff member in response
to an inquiry of the congressional office made at the request of the
individual about whom the record is maintained.
A record, or any facts derived therefrom, may be disclosed in a
proceeding before a court or adjudicative body before which the FCSC
is authorized to appear or to the Department of Justice for use in
such proceeding when:
i. The FCSC, or any subdivision thereof, or
ii. Any employee of the FCSC in his or her official capacity, or
iii. Any employee of the FCSC in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the FCSC determines that the litigation
is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such
records are determined by the FCSC to be arguably relevant and
necessary to the litigation and such disclosure is determined by the
FCSC to be a use compatible with the purpose for which the records
were collected.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper and tape.
Retrievability:
Manual and automated by name.
Safeguards:
Stored in guarded building; released only to authorized personnel.
Retention and disposal:
In accordance with General Records Schedule 1, GSA Federal Property
Management Regulations.
System manager(s) and address:
Justice Department, Finance Office, Justice Management Division, 601 D
Street NW, Washington, DC 20530, and Administrative Office, Foreign
Claims Settlement Commission, 1111 20th Street NW, Washington, DC
20579. 202/653-6155 or TDD 202/653-5112.
Notification procedure:
Set forth in part 504 of title 45, Code of Federal Regulations.
Contesting record procedures:
Same as above.
Record source categories:
The subject individual; the Commission.
JUSTICE/FCSC--16
System name: Hungary Claims Against (1st Program)--FCSC.
System location:
Washington National Records Center, 4205 Suitland Road, Washington, DC
20409.
Categories of individuals covered by the system:
US nationals who suffered property losses or damages in Hungary prior
to August 9, 1955.
Categories of records in the system:
Claim application form containing name and address of claimant and
representative, if any; date and place of birth or naturalization;
nature and amount of claim; description, ownership, and value of
property; and evidence to support claim for the purpose of receiving
compensation.
Authority for maintenance of the system:
Title III, International Claims Settlement Act of 1949, as amended.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records were used for the purpose of adjudicating claims of
individuals; issuance of decisions concerning eligibility to receive
compensation under the Act; notifications to claimants of rights to
appeal; and preparation of certifications of awards, if any, to
Treasury Department for payment by authorized FCSC personnel. Names
and other data furnished by claimants used for verifying citizenship
status with INS. Law enforcement: In the event that a system of
records maintained by FCSC to carry out its functions indicates a
violation or potential violation of law, whether civil, criminal or
regulatory in nature, and whether arising by general statute or
particular program statute, or by regulation, rule or order issued
pursuant thereto, the relevant records in the system of records may be
referred, as a routine use, to the appropriate agency, whether
Federal, State, local or foreign, charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing
or implementing the statute, or rule, regulation or order issued
pursuant thereto.
The information contained in this system of records will be disclosed
to the Office of Management and Budget, in connection with the review
of private relief legislation as set forth in OMB Circular No. A-19,
at any stage of the legislative coordination and clearance process as
set forth in that circular.
A record from this system of records may be disclosed as a routine use
to a member of Congress or to a congressional staff member in response
to an inquiry of the congressional office made at the request of the
individual about whom the record is maintained.
A record, or any facts derived therefrom, may be disclosed in a
proceeding before a court or adjudicative body before which the FCSC
is authorized to appear or to the Department of Justice for use in
such proceeding when:
i. The FCSC, or any subdivision thereof, or
ii. Any employee of the FCSC in his or her official capacity, or
iii. Any employee of the FCSC in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the FCSC determines that the litigation
is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such
records are determined by the FCSC to be arguably relevant and
necessary to the litigation and such disclosure is determined by the
FCSC to be a use compatible with the purpose for which the records
were collected.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper records maintained in file folders.
Retrievability:
Filed numerically by claim number. File folders retrieved from Records
Center by claim number. Alphabetical index used for identification of
claim (see system ``Justice/FCSC-1'' above).
Safeguards:
Under security safeguards at Washington National Records Center.
Retention and disposal:
Records maintained under 5 U.S.C. 301. Disposal of records will be
made in accordance with 44 U.S.C. 3301-3314 when such records are
determined no longer useful.
System manager(s) and address:
Administrative Office, Foreign Claims Settlement Commission, 1111 20th
Street NW, Washington, DC 20579. 202/653-6155 or TDD 202/653-5112.
Notification procedure:
Set forth in part 504 of title 45, Code of Federal Regulations.
Contesting record procedures:
Same as above.
Record source categories:
Individual on whom the record is maintained.
JUSTICE/FCSC--17
System name: Hungary, Claims Against (2nd Program)--FCSC.
System location:
Washington National Records Center, 4205 Suitland Road, Washington, DC
20409.
Categories of individuals covered by the system:
US nationals who suffered property losses in Hungary between August 9,
1955, and March 6, 1973.
Categories of records in the system:
Claim application form containing name and address of claimant and
representative, if any; date and place of birth or naturalization;
nature and amount of claim; description, ownership, and value of
property; and evidence to support claim for the purpose of receiving
compensation.
Authority for maintenance of the system:
Title III, International Claims Settlement Act of 1949, as amended,
and US-Hungarian Claims Agreement of March 6, 1973.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records were used for the purpose of adjudicating claims of
individuals; issuance of decisions concerning eligibility to receive
compensation under the Act; notifications to claimants of rights to
appeal; and preparation of certifications of awards, if any, to
Treasury Department for payment by authorized FCSC personnel. Names
and other data furnished by claimants used for verifying citizenship
status with INS. Law enforcement: In the event that a system of
records maintained by FCSC to carry out its functions indicates a
violation or potential violation of law, whether civil, criminal or
regulatory in nature, and whether arising by general statute or
particular program statute, or by regulation, rule or order issued
pursuant thereto, the relevant records in the system of records may be
referred, as a routine use, to the appropriate agency, whether
Federal, State, local or foreign, charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing
or implementing the statute, or rule, regulation or order issued
pursuant thereto.
The information contained in this system of records will be disclosed
to the Office of Management and Budget, in connection with the review
of private relief legislation as set forth in OMB Circular No. A-19,
at any stage of the legislative coordination and clearance process as
set forth in that circular.
A record from this system of records may be disclosed as a routine use
to a member of Congress or to a congressional staff member in response
to an inquiry of the congressional office made at the request of the
individual about whom the record is maintained.
A record, or any facts derived therefrom, may be disclosed in a
proceeding before a court or adjudicative body before which the FCSC
is authorized to appear or to the Department of Justice for use in
such proceeding when:
i. The FCSC, or any subdivision thereof, or
ii. Any employee of the FCSC in his or her official capacity, or
iii. Any employee of the FCSC in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the FCSC determines that the litigation
is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such
records are determined by the FCSC to be arguably relevant and
necessary to the litigation and such disclosure is determined by the
FCSC to be a use compatible with the purpose for which the records
were collected.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper records maintained in file folders.
Retrievability:
Filed numerically by claim number. Alphabetical index used for
identification of claim (see system ``Justice/FCSC-1'' above).
Safeguards:
Under security safeguards at Washington National Records Center.
Retention and disposal:
Records maintained under 5 U.S.C. 301. Disposal of records will be
made in accordance with 44 U.S.C. 3301-3314 when such records are
determined no longer useful.
System manager(s) and address:
Administrative Office, Foreign Claims Settlement Commission, 1111 20th
Street NW, Washington, DC 20579. 202/653-6155 or TDD 202/653-5112.
Notification procedure:
Set forth in part 504 of title 45, Code of Federal Regulations.
Contesting record procedures:
Same as above.
Record source categories:
Individual on whom the record is maintained.
JUSTICE/FCSC--18
System name: Italy, Claims Against (1st Program)--FCSC.
System location:
Washington National Records Center, 4205 Suitland Road, Washington, DC
20409.
Categories of individuals covered by the system:
US nationals who suffered losses to property attributable to Italian
military action arising out of World War II.
Categories of records in the system:
Claim application forms containing name and address of claimant and
representative, if any; date and place of birth or naturalization;
nature and amount of claim; description, ownership, and value of
property; and evidence to support claim for the purpose of receiving
compensation.
Authority for maintenance of the system:
Title III, International Claims Settlement Act of 1949, as amended.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records were used for the purpose of adjudicating claims of
individuals; issuance of decisions concerning eligibility to receive
compensation under the Act; notifications to claimants of rights to
appeal; and preparation of certifications of awards, if any, to
Treasury Department for payment by authorized FCSC personnel. Names
and other data furnished by claimants used for verifying citizenship
status with INS. Law enforcement: In the event that a system of
records maintained by FCSC to carry out its functions indicates a
violation or potential violation of law, whether civil, criminal or
regulatory in nature, and whether arising by general statute or
particular program statute, or by regulation, rule or order issued
pursuant thereto, the relevant records in the system of records may be
referred, as a routine use, to the appropriate agency, whether
Federal, State, local or foreign, charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing
or implementing the statute, or rule, regulation or order issued
pursuant thereto.
The information contained in this system of records will be disclosed
to the Office of Management and Budget, in connection with the review
of private relief legislation as set forth in OMB Circular No. A-19,
at any stage of the legislative coordination and clearance process as
set forth in that circular.
A record from this system of records may be disclosed as a routine use
to a member of Congress or to a congressional staff member in response
to an inquiry of the congressional office made at the request of the
individual about whom the record is maintained.
A record, or any facts derived therefrom, may be disclosed in a
proceeding before a court or adjudicative body before which the FCSC
is authorized to appear or to the Department of Justice for use in
such proceeding when:
i. The FCSC, or any subdivision thereof, or
ii. Any employee of the FCSC in his or her official capacity, or
iii. Any employee of the FCSC in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the FCSC determines that the litigation
is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such
records are determined by the FCSC to be arguably relevant and
necessary to the litigation and such disclosure is determined by the
FCSC to be a use compatible with the purpose for which the records
were collected.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper records maintained in file folders.
Retrievability:
Filed numerically by claim number. File folders retrieved from Records
Center by claim number. Alphabetical index used for identification of
claim (see System ``Justice/FCSC-1'' above).
Safeguards:
Under security safeguards at Washington National Records Center.
Retention and disposal:
Records maintained under 5 U.S.C. 301. Disposal of records will be
made in accordance with 44 U.S.C. 3301-3314 when such records are
determined no longer useful. This system of records was retired in the
Washington National Records Center after the completion of the claims
program on August 9, 1959.
System manager(s) and address:
Administrative Office, Foreign Claims Settlement Commission, 1111 20th
Street NW, Washington, DC 20579. 202/653-6155 or TDD 202/653-5112.
Notification procedure:
Set forth in part 504 of title 45, Code of Federal Regulations.
Contesting record procedures:
Same as above.
Record source categories:
Individual on whom the record is maintained.
JUSTICE/FCSC--19
System name: Italy, Claims Against (2nd Program)--FCSC.
System location:
Washington National Records Center, 4205 Suitland Road, Washington, DC
20409.
Categories of individuals covered by the system:
US nationals who suffered certain property losses attributable to
military action arising out of World War II. Benefits extended to late
US nationals, persons who did not file under the 1st Italian Claims
Program and for property losses arising in territory ceded pursuant to
the Treaty of Peace with Italy, which claims had been excluded under
the 1st program.
Categories of records in the system:
Claim application forms containing name and address of claimant and
representative, if any; date and place of birth or naturalization;
nature and amount of claim; description, ownership, and value of
property; and evidence to support claim for the purpose of receiving
compensation.
Authority for maintenance of the system:
Title III, International Claims Settlement Act of 1949, as amended by
Pub. L. 85-604.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records were used for the purpose of adjudicating claims of
individuals; issuance of decisions concerning eligibility to receive
compensation under the Act; notifications to claimants of rights to
appeal; and preparation of certifications of awards, if any, to
Treasury Department for payment by authorized FCSC personnel. Names
and other data furnished by claimants used for verifying citizenship
status with INS. Law enforcement: In the event that a system of
records maintained by FCSC to carry out its functions indicates a
violation or potential violation of law, whether civil, criminal or
regulatory in nature, and whether arising by general statute or
particular program statute, or by regulation, rule or order issued
pursuant thereto, the relevant records in the system of records may be
referred, as a routine use, to the appropriate agency, whether
federal, state, local or foreign, charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing
or implementing the statute, or rule, regulation or order issued
pursuant thereto.
The information contained in this system of records will be disclosed
to the Office of Management and Budget, in connection with the review
of private relief legislation as set forth in OMB Circular No. A-19,
at any stage of the legislative coordination and clearance process as
set forth in that circular.
A record from this system of records may be disclosed as a routine use
to a member of Congress or to a congressional staff member in response
to an inquiry of the congressional office made at the request of the
individual about whom the record is maintained.
A record, or any facts derived therefrom, may be disclosed in a
proceeding before a court or adjudicative body before which the FCSC
is authorized to appear or to the Department of Justice for use in
such proceeding when:
i. The FCSC, or any subdivision thereof, or
ii. Any employee of the FCSC in his or her official capacity, or
iii. Any employee of the FCSC in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the FCSC determines that the litigation
is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such
records are determined by the FCSC to be arguably relevant and
necessary to the litigation and such disclosure is determined by the
FCSC to be a use compatible with the purpose for which the records
were collected.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper records maintained in file folders.
Retrievability:
Filed numerically by claim number. File folders retrieved from Records
Center by claim number. Alphabetical index used for identification of
claim (see system ``Justice/FCSC-1'' above).
Safeguards:
Under security safeguards at Washington National Records Center.
Retention and disposal:
Records maintained under 5 U.S.C. 301. Disposal of records will be
made in accordance with 44 U.S.C. 3301-3314 when such records are
determined no longer useful. This system of records was retired to the
Washington National Records Center after the completion of the claims
program on December 24, 1971.
System manager(s) and address:
Administrative Office, Foreign Claims Settlement Commission, 1111 20th
Street NW, Washington, DC 20579. 202/653-6155 or TDD 202/653-5112.
Notification procedure:
Set forth in part 504 of title 45, Code of Federal Regulations.
Contesting record procedures:
Same as above.
Record source categories:
Individual on whom the record is maintained.
JUSTICE/FCSC--20
System name: Micronesia, Claims Arising In--FCSC.
System location:
Washington National Records Center, 4205 Suitland Road, Washington, DC
20409.
Categories of individuals covered by the system:
Inhabitants of Micronesia, including US nationals, who suffered
damages to property, disability and death arising out of World War II
and arising during the period from the dates of the securing of the
various islands of Micronesia to July 1, 1951.
Categories of records in the system:
Claim application forms containing name and address of claimant and
representative, if any; date and place of birth or naturalization;
nature and amount of claim; description, ownership, and value of
property; and evidence to support claim for the purpose of receiving
compensation.
Authority for maintenance of the system:
Micronesian Claims Act of 1971.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records were used for the purpose of adjudicating claims of
individuals; issuance of decisions concerning eligibility to receive
compensation under authority of the Micronesian Claims Act of 1971;
notifications to claimants of rights to appeal; and preparation of
certifications of awards, if any, to Secretary of Interior for payment
by authorized personnel of Foreign Claims Settlement Commission
assigned to duty in the Trust Territory of the Pacific Islands and
locally hired employees of the Micronesian Claims Commission. Upon
completion of the program, the Commission was required under the
Micronesian Claims Act to certify to the FCSC, the Secretary of the
Interior, and the Congress of the United States (1) a list of all
claims allowed and the amounts awarded, (2) a list of all claims
disallowed and (3) a copy of the decision rendered in each case.
The information contained in this system of records will be disclosed
to the Office of Management and Budget, in connection with the review
of private relief legislation as set forth in OMB Circular No. A-19,
at any stage of the legislative coordination and clearance process as
set forth in that circular.
A record from this system of records may be disclosed as a routine use
to a member of Congress or to a congressional staff member in response
to an inquiry of the congressional office made at the request of the
individual about whom the record is maintained.
A record, or any facts derived therefrom, may be disclosed in a
proceeding before a court or adjudicative body before which the FCSC
is authorized to appear or to the Department of Justice for use in
such proceeding when:
i. The FCSC, or any subdivision thereof, or
ii. Any employee of the FCSC in his or her official capacity, or
iii. Any employee of the FCSC in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the FCSC determines that the litigation
is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such
records are determined by the FCSC to be arguably relevant and
necessary to the litigation and such disclosure is determined by the
FCSC to be a use compatible with the purpose for which the records
were collected.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper records maintained in file folders.
Retrievability:
Filed numerically by claim number. Alphabetical index used to identify
claim (see system ``Justice/FCSC-1'' above).
Safeguards:
Under security safeguards at Washington National Records Center.
Retention and disposal:
Records maintained under 5 U.S.C. 301. Disposal of records will be
made in accordance with 44 U.S.C. 3301-3314 when such records are
determined no longer useful.
System manager(s) and address:
Administrative Office, Foreign Claims Settlement Commission, 1111 20th
Street NW, Washington, DC 20579. 202/653-6155 or TDD 202/653-5112.
Notification procedure:
Set forth in part 504 of title 45, Code of Federal Regulations.
Contesting record procedures:
Same as above.
Record source categories:
Individual on whom the record is maintained.
JUSTICE/FCSC--21
System name: Panama, Claims Against-FCSC.
System location:
Washington National Records Center, 4205 Suitland Road, Washington, DC
20409.
Categories of individuals covered by the system:
US nationals who suffered loss of property in Panama as a result of a
judgment of the Supreme Court of Panama on October 20, 1931,
nullifying title to certain land in Panama.
Categories of records in the system:
Claim application form containing name and address of claimant and
representative, if any; date and place of birth or naturalization;
description, ownership, and value of property, and evidence to support
claim for the purpose of receiving compensation.
Authority for maintenance of the system:
Title I, International Claims Settlement Act of 1949, as amended, and
Panamanian Claims Convention of 1950.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records were used for the purpose of adjudicating claims of
individuals; issuance of decisions concerning eligibility to receive
compensation under the Act; notifications to claimants of rights to
appeal; and preparation of certifications of awards, if any, to
Treasury Department for payment by authorized FCSC personnel. Names
and other data furnished by claimants used for verifying citizenship
status with INS. Law enforcement: In the event that a system of
records maintained by FCSC to carry out its functions indicates a
violation or potential violation of law, whether civil, criminal or
regulatory in nature, and whether arising by general statute or
particular program statute, or by regulation, rule or order issued
pursuant thereto, the relevant records in the system of records may be
referred, as a routine use, to the appropriate agency, whether
Federal, State, local or foreign, charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing
or implementing the statute, or rule, regulation or order issued
pursuant thereto.
The information contained in this system of records will be disclosed
to the Office of Management and Budget, in connection with the review
of private relief legislation as set forth in OMB Circular No. A-19,
at any stage of the legislative coordination and clearance process as
set forth in that circular.
A record from this system of records may be disclosed as a routine use
to a member of Congress or to a congressional staff member in response
to an inquiry of the congressional office made at the request of the
individual about whom the record is maintained.
A record, or any facts derived therefrom, may be disclosed in a
proceeding before a court or adjudicative body before which the FCSC
is authorized to appear or to the Department of Justice for use in
such proceeding when:
i. The FCSC, or any subdivision thereof, or
ii. Any employee of the FCSC in his or her official capacity, or
iii. Any employee of the FCSC in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the FCSC determines that the litigation
is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such
records are determined by the FCSC to be arguably relevant and
necessary to the litigation and such disclosure is determined by the
FCSC to be a use compatible with the purpose for which the records
were collected.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper records maintained in file folders.
Retrievability:
Filed numerically by claim number. File folders retrieved from Records
Center by claim number. Alphabetical index used for identification of
claim (see system ``Justice/FCSC-1'' above).
Safeguards:
Under GSA security safeguards at Washington National Records Center.
Retention and disposal:
Records maintained under 5 U.S.C. 301. Disposal of records will be
made in accordance with 44 U.S.C. 3301-3314 when such records are
determined no longer useful. This system of records was retired to the
Washington National Records Center after completion of the claims
program on December 31, 1954.
System manager(s) and address:
Administrative Office, Foreign Claims Settlement Commission, 1111 20th
Street NW, Washington, DC 20579. 202/653-6155 or TDD 202/653-5112.
Notification procedure:
Set forth in part 504 of title 45, Code of Federal Regulations.
Contesting record procedures:
Same as above.
Record source categories:
Individual on whom the record is maintained.
JUSTICE/FCSC--22
System name: Poland, Registration of Claims--FCSC.
System location:
Washington National Records Center, 4205 Suitland Road, Washington, DC
20409.
Categories of individuals covered by the system:
US nationals who suffered property losses in Poland due to
nationalization or other taking of such property.
Categories of records in the system:
Claim registration form containing name and address of claimant and
representative, if any, date and place of birth or naturalization,
description, ownership, date of loss and value of property lost.
Authority for maintenance of the system:
Title I, International Claims Settlement Act of 1949, as amended.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Information received from individuals on registration forms was used
in the preparation of statistical reports which served as basis of
discussions by the State Department in negotiations between the
Governments of the United States and Poland for the settlement of
claims of US nationals. Registration forms also used by authorized
Commission personnel for distribution of formal application forms upon
conclusion of Polish Claims Agreement of July 6, 1960.
The information contained in this system of records will be disclosed
to the Office of Management and Budget, in connection with the review
of private relief legislation as set forth in OMB Circular No. A-19,
at any stage of the legislative coordination and clearance process as
set forth in that circular.
A record from this system of records may be disclosed as a routine use
to a member of Congress or to a congressional staff member in response
to an inquiry of the congressional office made at the request of the
individual about whom the record is maintained.
A record, or any facts derived therefrom, may be disclosed in a
proceeding before a court or adjudicative body before which the FCSC
is authorized to appear or to the Department of Justice for use in
such proceeding when:
i. The FCSC, or any subdivision thereof, or
ii. Any employee of the FCSC in his or her official capacity, or
iii. Any employee of the FCSC in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the FCSC determines that the litigation
is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such
records are determined by the FCSC to be arguably relevant and
necessary to the litigation and such disclosure is determined by the
FCSC to be a use compatible with the purpose for which the records
were collected.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper records maintained in file folders.
Retrievability:
Filed alphabetically by name.
Safeguards:
Under security safeguards at Washington National Records Center.
Retention and disposal:
Records maintained under 5 U.S.C. 301. Disposal of records will be
made in accordance with 44 U.S.C. 3301-3314 when such records are
determined no longer useful.
System manager(s) and address:
Administrative Office, Foreign Claims Settlement Commission, 1111 20th
Street NW, Washington, DC 20579. 202/653-6155 or TDD 202/653-5112.
Notification procedure:
Set forth in part 504 of title 45, Code of Federal Regulations.
Contesting record procedures:
Same as above.
Record source categories:
Individual on whom the record is maintained.
JUSTICE/FCSC--23
System name: Poland, Claims Against--FCSC.
System location:
Washington National Records Center, 4205 Suitland Road, Washington, DC
20409.
Categories of individuals covered by the system:
US nationals who suffered property losses in Poland due to
nationalization or other taking of such property.
Categories of records in the system:
Claim application form containing name and address of claimant and
representative, if any; date and place of birth or naturalization;
nature and amount of claim; description, ownership, and value of
property; and evidence to support claim for the purpose of receiving
compensation.
Authority for maintenance of the system:
Title I, International Claims Settlement Act of 1949, as amended, and
US-Poland Claims Agreement of July 16, 1960.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records were used for the purpose of adjudicating claims of
individuals; issuance of decisions concerning eligibility to receive
compensation under the Act; notifications to claimants of rights to
appeal; and preparation of certifications of awards, if any, to
Treasury Department for payment by authorized FCSC personnel. Names
and other data furnished by claimants used for verifying citizenship
status with INS. Law enforcement: In the event that a system of
records maintained by FCSC to carry out its functions indicates a
violation or potential violation of law, whether civil, criminal or
regulatory in nature, and whether arising by general statute or
particular program statute, or by regulation, rule or order issued
pursuant thereto, the relevant records in the system of records may be
referred, as a routine use, to the appropriate agency, whether
Federal, State, local or foreign, charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing
or implementing the statute, or rule, regulation or order issued
pursuant thereto.
The information contained in this system of records will be disclosed
to the Office of Management and Budget, in connection with the review
of private relief legislation as set forth in OMB Circular No. A-19,
at any stage of the legislative coordination and clearance process as
set forth in that circular.
A record from this system of records may be disclosed as a routine use
to a member of Congress or to a congressional staff member in response
to an inquiry of the congressional office made at the request of the
individual about whom the record is maintained.
A record, or any facts derived therefrom, may be disclosed in a
proceeding before a court or adjudicative body before which the FCSC
is authorized to appear or to the Department of Justice for use in
such proceeding when:
i. The FCSC, or any subdivision thereof, or
ii. Any employee of the FCSC in his or her official capacity, or
iii. Any employee of the FCSC in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the FCSC determines that the litigation
is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such
records are determined by the FCSC to be arguably relevant and
necessary to the litigation and such disclosure is determined by the
FCSC to be a use compatible with the purpose for which the records
were collected.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper records maintained in file folders.
Retrievability:
Filed numerically by claim number. File folders retrieved from Records
Center by claim number. Alphabetical index used for identification of
claim (see system ``Justice/FCSC-1'' above).
Safeguards:
Under security safeguards at Washington National Records Center.
Retention and disposal:
Records maintained under 5 U.S.C. 301. Disposal of records will be
made in accordance with 44 U.S.C. 3301-3314 when such records are
determined no longer useful. This system of records was retired to the
Washington National Records Center after the completion of the claims
program on March 31, 1966.
System manager(s) and address:
Administrative Office, Foreign Claims Settlement Commission, 1111 20th
Street NW, Washington, DC 20579. 202/653-6155 or TDD 202/653-5112.
Notification procedure:
Set forth in part 504 of title 45, Code of Federal Regulations.
Contesting record procedures:
Same as above.
Record source categories:
Individual on whom the record is maintained.
JUSTICE/FCSC--24
System name: Prisoners of War (Pueblo)--FCSC.
System location:
Washington National Records Center, 4205 Suitland Road, Washington, DC
20409.
Categories of individuals covered by the system:
Members of the US Armed Forces or any persons (military or civilian)
assigned to duty on the USS Pueblo who were captured by military
forces of North Korea on January 23, 1968, and held prisoner by such
forces.
Categories of records in the system:
Claim application form containing name and address of claimant, date
and places of birth, branch of service and military service number. In
case of death, date, place and name of spouse, names, address and date
of birth of surviving children, name and address of parents and VA
claim number. Proof of death if no VA claim.
Authority for maintenance of the system:
Section 6(e), War Claims Act of 1948, as amended.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records were used for adjudication of claims for detention benefits,
issuance of decisions concerning eligibility of claimant to receive
compensation; notifications to claimants of rights to appeal; and
preparation of certifications of awards to Treasury Department for
payment by authorized Commission personnel. Verifications from State
Department include names and addresses and inclusive dates of
detention.
The information contained in this system of records will be disclosed
to the Office of Management and Budget, in connection with the review
of private relief legislation as set forth in OMB Circular No. A-19,
at any stage of the legislative coordination and clearance process as
set forth in that circular.
A record from this system of records may be disclosed as a routine use
to a member of Congress or to a congressional staff member in response
to an inquiry of the congressional office made at the request of the
individual about whom the record is maintained.
A record, or any facts derived therefrom, may be disclosed in a
proceeding before a court or adjudicative body before which the FCSC
is authorized to appear or to the Department of Justice for use in
such proceeding when:
i. The FCSC, or any subdivision thereof, or
ii. Any employee of the FCSC in his or her official capacity, or
iii. Any employee of the FCSC in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the FCSC determines that the litigation
is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such
records are determined by the FCSC to be arguably relevant and
necessary to the litigation and such disclosure is determined by the
FCSC to be a use compatible with the purpose for which the records
were collected.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper records in file folders.
Retrievability:
By claim number. Cross-referenced by alphabetical index cards which
contain claim numbers (see system ``Justice/FCSC-1'' above).
Safeguards:
Under security safeguards at the Washington National Records Center.
Retention and disposal:
Records maintained under 5 U.S.C. 301. Disposal of records will be
made in accordance with 44 U.S.C. 3301-3314 when such records are
determined no longer useful.
System manager(s) and address:
Administrative Office, Foreign Claims Settlement Commission, 1111 20th
Street NW, Washington, DC 20579. 202/653-6155 or TDD 202/653-5112.
Notification procedure:
Set forth in part 504 of title 45, Code of Federal Regulations.
Contesting record procedures:
Same as above.
Record source categories:
Individual on whom the record is maintained.
JUSTICE/FCSC--25
System name: Prisoners of War (Vietnam)--FCSC.
System location:
Washington National Records Center, 4205 Suitland Road, Washington, DC
20409.
Categories of individuals covered by the system:
Members of Armed Forces of the United States who were captured and
held by a hostile force during the Vietnam conflict beginning February
28, 1961.
Categories of records in the system:
Claim application form containing name and address of claimant; date
and place of birth, branch of service and military service number. In
case of death, date, place, name of spouse, names, addresses and dates
of birth of surviving children, name and address of parents and VA
claim number.
Authority for maintenance of the system:
Section 6(f), War Claims Act of 1948, as amended.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records used for adjudication of claims for detention benefits;
issuance of decisions concerning eligibility of claimants to receive
compensation; notifications to claimants of rights of appeal; and
preparation of certification of awards to Treasury Department for
payment by authorized Commission personnel. Verification of captured
status obtained from rosters or casualty reports furnished by the
respective military establishments.
The information contained in this system of records will be disclosed
to the Office of Management and Budget, in connection with the review
of private relief legislation as set forth in OMB Circular No. A-19,
at any stage of the legislative coordination and clearance process as
set forth in that circular.
A record from this system of records may be disclosed as a routine use
to a member of Congress or to a congressional staff member in response
to an inquiry of the congressional office made at the request of the
individual about whom the record is maintained.
A record, or any facts derived therefrom, may be disclosed in a
proceeding before a court or adjudicative body before which the FCSC
is authorized to appear or to the Department of Justice for use in
such proceeding when:
i. The FCSC, or any subdivision thereof, or
ii. Any employee of the FCSC in his or her official capacity, or
iii. Any employee of the FCSC in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the FCSC determines that the litigation
is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such
records are determined by the FCSC to be arguably relevant and
necessary to the litigation and such disclosure is determined by the
FCSC to be a use compatible with the purpose for which the records
were collected.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper records maintained in file folders.
Retrievability:
Filed numerically by claim number. File folders retrieved from Records
Center by claim number. Alphabetical index used for identification of
claim (see system ``Justice/FCSC-1'' above).
Safeguards:
Under security safeguards at Washington National Records Center.
Retention and disposal:
Records maintained under 5 U.S.C. 301. Disposal of records will be
made in accordance with 44 U.S.C. 3301-3314 when such records are
determined no longer useful.
System manager(s) and address:
Administrative Office, Foreign Claims Settlement Commission, 1111 20th
Street NW, Washington, DC 20579. 202/653-6155 or TDD 202/653-5112.
Notification procedure:
Set forth in part 504 of title 45, Code of Federal Regulations.
Contesting record procedures:
Same as above.
Record source categories:
Individual on whom the record is maintained.
JUSTICE/FCSC--26
System name: Rumania, Claims Against (1st Program)--FCSC.
System location:
Washington National Records Center, 4205 Suitland Road, Washington, DC
20409.
Categories of individuals covered by the system:
US nationals who suffered certain property losses or damages in
Rumania prior to August 9, 1955.
Categories of records in the system:
Claim application form containing name and address of claimant and
representative, if any; date and place of birth or naturalization;
nature and amount of claim; description, ownership, and value of
property; and evidence to support claim for the purpose of receiving
compensation.
Authority for maintenance of the system:
Title III, International Claims Settlement Act of 1949, as amended.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records were used for the purpose of adjudicating claims of
individuals; issuance of decisions concerning eligibility to receive
compensation under the Act; notifications to claimants of rights to
appeal; and preparation of certifications of awards, if any, to
Treasury Department for payment by authorized FCSC personnel. Names
and other data furnished by claimants used for verifying citizenship
status with INS. Law enforcement: In the event that a system of
records maintained by FCSC to carry out its functions indicates a
violation or potential violation of law, whether civil, criminal or
regulatory in nature, and whether arising by general statute or
particular program statute, or by regulation, rule or order issued
pursuant thereto, the relevant records in the system of records may be
referred, as a routine use, to the appropriate agency, whether
Federal, State, local or foreign, charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing
or implementing the statute, or rule, regulation or order issued
pursuant thereto.
The information contained in this system of records will be disclosed
to the Office of Management and Budget, in connection with the review
of private relief legislation as set forth in OMB Circular No. A-19,
at any stage of the legislative coordination and clearance process as
set forth in that circular.
A record from this system of records may be disclosed as a routine use
to a member of Congress or to a congressional staff member in response
to an inquiry of the congressional office made at the request of the
individual about whom the record is maintained.
A record, or any facts derived therefrom, may be disclosed in a
proceeding before a court or adjudicative body before which the FCSC
is authorized to appear or to the Department of Justice for use in
such proceeding when:
i. The FCSC, or any subdivision thereof, or
ii. Any employee of the FCSC in his or her official capacity, or
iii. Any employee of the FCSC in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the FCSC determines that the litigation
is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such
records are determined by the FCSC to be arguably relevant and
necessary to the litigation and such disclosure is determined by the
FCSC to be a use compatible with the purpose for which the records
were collected.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper records maintained in file folders.
Retrievability:
Filed numerically by claim number. File folders retrieved from Records
Center by claim number. Alphabetical index used for identification of
claim (see system ``Justice/FCSC-1'' above).
Safeguards:
Under security safeguards at Washington National Records Center.
Retention and disposal:
Records maintained under 5 U.S.C. 301. Disposal of records will be
made in accordance with 44 U.S.C. 3301-3314 when such records are
determined no longer useful. This system of records was retired to the
Washington National Records Center after the completion of the claims
program on August 9, 1959.
System manager(s) and address:
Administrative Office, Foreign Claims Settlement Commission, 1111 20th
Street NW, Washington, DC 20579. 202/653-6155 or TDD 202/653-5112.
Notification procedure:
Set forth in part 504 of title 45, Code of Federal Regulations.
Contesting record procedures:
Same as above.
Record source categories:
Individual on whom the record is maintained.
JUSTICE/FCSC--27
System name: Rumania, Claims Against (2nd Program)--FCSC.
System location:
Washington National Records Center, 4205 Suitland Road, Washington, DC
20409.
Categories of individuals covered by the system:
US nationals who suffered certain property losses in Rumania between
August 9, 1955 and March 30, 1960.
Categories of records in the system:
Claim application form containing name and address of claimant and
representative, if any; date and place of birth or naturalization;
nature and amount of claim; description, ownership, and value of
property; and evidence to support claim for the purpose of receiving
compensation.
Authority for maintenance of the system:
Title III, International Claims Settlement Act of 1949, as amended,
and the US-Rumania Claims Agreement of March 30, 1960.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records were used for the purpose of adjudicating claims of
individuals; issuance of decisions concerning eligibility to receive
compensation under the Act; notifications to claimants of rights to
appeal; and preparation of certifications of awards, if any, to
Treasury Department for payment by authorized FCSC personnel. Names
and other data furnished by claimants used for verifying citizenship
status with INS. Law enforcement: In the event that a system of
records maintained by FCSC to carry out its functions indicates a
violation or potential violation of law, whether civil, criminal or
regulatory in nature, and whether arising by general statute or
particular program statute, or by regulation, rule or order issued
pursuant thereto, the relevant records in the system of records may be
referred, as a routine use, to the appropriate agency, whether
Federal, State, local or foreign, charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing
or implementing the statute, or rule, regulation or order issued
pursuant thereto.
The information contained in this system of records will be disclosed
to the Office of Management and Budget, in connection with the review
of private relief legislation as set forth in OMB Circular No. A-19,
at any stage of the legislative coordination and clearance process as
set forth in that circular.
A record from this system of records may be disclosed as a routine use
to a member of Congress or to a congressional staff member in response
to an inquiry of the congressional office made at the request of the
individual about whom the record is maintained.
A record, or any facts derived therefrom, may be disclosed in a
proceeding before a court or adjudicative body before which the FCSC
is authorized to appear or to the Department of Justice for use in
such proceeding when:
i. The FCSC, or any subdivision thereof, or
ii. Any employee of the FCSC in his or her official capacity, or
iii. Any employee of the FCSC in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the FCSC determines that the litigation
is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such
records are determined by the FCSC to be arguably relevant and
necessary to the litigation and such disclosure is determined by the
FCSC to be a use compatible with the purpose for which the records
were collected.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper records maintained in file folders.
Retrievability:
Filed numerically by claim number. File folders retrieved from Records
Center by claim number. Alphabetical index used for identification of
claim (see system ``Justice/FCSC-1'' above).
Safeguards:
Under security safeguards at Washington National Records Center.
Retention and disposal:
Records maintained under 5 U.S.C. 301. Disposal of records will be
made in accordance with 44 U.S.C. 3301-3314 when such records are
determined no longer useful. This system of records was retired to the
Washington National Records Center after the completion of the claims
program on December 25, 1971.
System manager(s) and address:
Administrative Office, Foreign Claims Settlement Commission, 1111 20th
Street NW, Washington, DC 20579. 202/653-6155 or TDD 202/653-5112.
Notification procedure:
Set forth in part 504 of title 45, Code of Federal Regulations.
Contesting record procedures:
Same as above.
Record source categories:
Individual on whom the record is maintained.
JUSTICE/FCSC--28
System name: Soviet Union, Claims Against--FCSC.
System location:
Washington National Records Center, 4205 Suitland Road, Washington, DC
20409.
Categories of individuals covered by the system:
US nationals suffering loss of property in Russia prior to November
16, 1933, and claims by individuals based upon liens acquired with
respect to property in the US assigned to US Government by the Soviet
Government under Litvinov Assignment of November 16, 1933.
Categories of records in the system:
Claim application form containing name and address of claimant and
representative, if any; date and place of birth or naturalization;
nature and amount of claim; description, ownership, and value of
property; and evidence to support claim for the purpose of receiving
compensation.
Authority for maintenance of the system:
Title III, International Claims Settlement Act of 1949, as amended.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records were used for the purpose of adjudicating claims of
individuals; issuance of decisions concerning eligibility to receive
compensation under the Act; notifications to claimants of rights to
appeal; and preparation of certifications of awards, if any, to the
Treasury Department for payment authorized by FCSC personnel. Names
and other data furnished by claimants used for verifying citizenship
status with INS. Law enforcement: In the event that a system of
records maintained by FCSC to carry out its functions indicates a
violation or potential violation of law, whether civil, criminal or
regulatory in nature, and whether arising by general statute or
particular program statute, or by regulation, rule or order issued
pursuant thereto, the relevant records in the system of records may be
referred, as a routine use, to the appropriate agency, whether
Federal, State, local or foreign, charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing
or implementing the statute, or rule, regulation or order issued
pursuant thereto.
The information contained in this system of records will be disclosed
to the Office of Management and Budget, in connection with the review
of private relief legislation as set forth in OMB Circular No. A-19,
at any stage of the legislative coordination and clearance process as
set forth in that circular.
A record from this system of records may be disclosed as a routine use
to a member of Congress or to a congressional staff member in response
to an inquiry of the congressional office made at the request of the
individual about whom the record is maintained.
A record, or any facts derived therefrom, may be disclosed in a
proceeding before a court or adjudicative body before which the FCSC
is authorized to appear or to the Department of Justice for use in
such proceeding when:
i. The FCSC, or any subdivision thereof, or
ii. Any employee of the FCSC in his or her official capacity, or
iii. Any employee of the FCSC in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the FCSC determines that the litigation
is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such
records are determined by the FCSC to be arguably relevant and
necessary to the litigation and such disclosure is determined by the
FCSC to be a use compatible with the purpose for which the records
were collected.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper records maintained in file folders.
Retrievability:
Filed numerically by claim number. File folders retrieved from Records
Center by claim number. Alphabetical index used for identification of
claim (see system ``Justice/FCSC-1'' above).
Safeguards:
Under security safeguards at Washington National Records Center.
Retention and disposal:
Records maintained under 5 U.S.C. 301. Disposal of records will be
made in accordance with 44 U.S.C. 3301-3314 when such records are
determined no longer useful. This system of records was retired to the
Washington National Records Center after the completion of the claims
program on August 9, 1959.
System manager(s) and address:
Administrative Office, Foreign Claims Settlement Commission, 1111 20th
Street NW, Washington, DC 20579. 202/653-6155 or TDD 202/653-5112.
Notification procedure:
Set forth in part 504 of title 45, Code of Federal Regulations.
Contesting record procedures:
Same as above.
Record source categories:
Individual on whom the record is maintained.
JUSTICE/FCSC--29
System name: Yugoslavia, Claims Against (1st Program)--FCSC.
System location:
Washington National Records Center, 4205 Suitland Road, Washington, DC
20409.
Categories of individuals covered by the system:
US nationals who suffered property losses in Yugoslavia prior to July
19, 1948.
Categories of records in the system:
Claim application form containing name and address of claimant and
representative, if any; date and place of birth or naturalization;
nature and amount of claim; description, ownership, and value of
property; and evidence to support claim for the purpose of receiving
compensation.
Authority for maintenance of the system:
Title I, International Claims Settlement Act of 1949, as amended, and
US-Yugoslavia Claims Agreement of July 19, 1948.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records were used for the purpose of adjudicating claims of
individuals; issuance of decisions concerning eligibility to receive
compensation under the Act; notifications to claimants of rights to
appeal; and preparation of certifications of awards, if any, to
Treasury Department for payment by authorized FCSC personnel. Names
and other data furnished by claimants used for verifying citizenship
status with INS. Law enforcement: In the event that a system of
records maintained by FCSC to carry out its functions indicates a
violation or potential violation of law, whether civil, criminal or
regulatory in nature, and whether arising by general statute or
particular program statute, or by regulation, rule or order issued
pursuant thereto, the relevant records in the system of records may be
referred, as a routine use, to the appropriate agency, whether
Federal, State, local or foreign, charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing
or implementing the statute, or rule, regulation or order issued
pursuant thereto.
The information contained in this system of records will be disclosed
to the Office of Management and Budget, in connection with the review
of private relief legislation as set forth in OMB Circular No. A-19,
at any stage of the legislative coordination and clearance process as
set forth in that circular.
A record from this system of records may be disclosed as a routine use
to a member of Congress or to a congressional staff member in response
to an inquiry of the congressional office made at the request of the
individual about whom the record is maintained.
A record, or any facts derived therefrom, may be disclosed in a
proceeding before a court or adjudicative body before which the FCSC
is authorized to appear or to the Department of Justice for use in
such proceeding when:
i. The FCSC, or any subdivision thereof, or
ii. Any employee of the FCSC in his or her official capacity, or
iii. Any employee of the FCSC in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the FCSC determines that the litigation
is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such
records are determined by the FCSC to be arguably relevant and
necessary to the litigation and such disclosure is determined by the
FCSC to be a use compatible with the purpose for which the records
were collected.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper records maintained in file folders.
Retrievability:
Filed numerically by claim number. File folders retrieved from Records
Center by claim number. Alphabetical index used for identification of
claim (see system ``Justice/FCSC-1'' above).
Safeguards:
Under security safeguards at Washington National Records Center.
Retention and disposal:
Records maintained under 5 U.S.C. 301. Disposal of records will be
made in accordance with 44 U.S.C. 3301-3314 when such records are
determined no longer useful. This system of records was retired to the
Washington National Records Center after the completion of the claims
program on December 31, 1954.
System manager(s) and address:
Administrative Office, Foreign Claims Settlement Commission, 1111 20th
Street NW, Washington, DC 20579. 202/653-6155 or TDD 202/653-5112.
Notification procedure:
Set forth in part 504 of title 45, Code of Federal Regulations.
Contesting record procedures:
Same as above.
Record source categories:
Individual on whom the record is maintained.
JUSTICE/FCSC--30
System name: Yugoslavia, Claims Against (2nd Programs)--FCSC.
System location:
Washington National Records Center, 4205 Suitland Road, Washington, DC
20409.
Categories of individuals covered by the system:
US nationals who suffered losses in Yugoslavia which occurred between
July 19,1948, and November 5, 1964.
Categories of records in the system:
Claim application form containing name and address of claimant and
representative, if any; date and place of birth or naturalization;
nature and amount of claim; description, ownership, and value of
property; and evidence to support claim for the purpose of receiving
compensation.
Authority for maintenance of the system:
Title I, International Claims Settlement Act of 1949, as amended, and
US-Yugoslavia Claims Agreement of November 5, 1964.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records were used for the purpose of adjudicating claims of
individuals; issuance of decisions concerning eligibility to receive
compensation under the Act; notifications to claimants of rights to
appeal; and preparation of certifications of awards, if any, to
Treasury Department for payment by authorized FCSC personnel. Names
and other data furnished by claimants used for verifying citizenship
status with INS. Law enforcement: In the event that a system of
records maintained by FCSC to carry out its functions indicates a
violation or potential violation of law, whether civil, criminal or
regulatory in nature, and whether arising by general statute or
particular program statute, or by regulation, rule or order issued
pursuant thereto, the relevant records in the system of records may be
referred, as a routine use, to the appropriate agency, whether
Federal, State, local or foreign, charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing
or implementing the statute, or rule, regulation or order issued
pursuant thereto.
The information contained in this system of records will be disclosed
to the Office of Management and Budget, in connection with the review
of private relief legislation as set forth in OMB Circular No. A-19,
at any stage of the legislative coordination and clearance process as
set forth in that circular.
A record from this system of records may be disclosed as a routine use
to a member of Congress or to a congressional staff member in response
to an inquiry of the congressional office made at the request of the
individual about whom the record is maintained.
A record, or any facts derived therefrom, may be disclosed in a
proceeding before a court or adjudicative body before which the FCSC
is authorized to appear or to the Department of Justice for use in
such proceeding when:
i. The FCSC, or any subdivision thereof, or
ii. Any employee of the FCSC in his or her official capacity, or
iii. Any employee of the FCSC in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the FCSC determines that the litigation
is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such
records are determined by the FCSC to be arguably relevant and
necessary to the litigation and such disclosure is determined by the
FCSC to be a use compatible with the purpose for which the records
were collected.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper records maintained in file folders.
Retrievability:
Filed numerically by claim number. File folders retrieved from Records
Center by claim number. Alphabetical index used for identification of
claim (see system ``Justice/FCSC-1'' above).
Safeguards:
Under security safeguards at Washington National Records Center.
Retention and disposal:
Records maintained under 5 U.S.C. 301. Disposal of records will be
made in accordance with 44 U.S.C. 3301-3314 when such records are
determined no longer useful. This system of records was retired to the
Washington National Records Center after the completion of the claims
program''' on July 15, 1969.
System manager(s) and address:
Administrative Office, Foreign Claims Settlement Commission, 1111 20th
Street NW, Washington, DC 20579. 202/653-6155 or TDD 202/653-5112.
Notification procedure:
Set forth in part 504 of title 45, Code of Federal Regulations.
Contesting record procedures:
Same as above.
Record source categories:
Individual on whom the record is maintained.
JUSTICE/FCSC--31
System name: German Democratic Republic, Claims Against--FCSC.
System location:
Washington National Records Center, 4205 Suitland Road, Washington, DC
20409
Categories of individuals covered by the system:
U.S. nationals who suffered certain property losses in the German
Democratic Republic.
Categories of records in the system:
Claim application form containing name and address of claimant and
representative, if any; date and place of birth or naturalization;
nature and amount of claim; description, ownership and value of
property; and evidence to support claim for the purpose of receiving
compensation.
Authority for maintenance of the system:
Title IV, International Claims Settlement Act of 1949, as amended.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records were used for the purpose of adjudicating claims of
individuals; issuance of decisions concerning eligibility to receive
compensation under the Act; notification to claimants of rights to
appeal; and preparation of certifications of awards, if any, to
Treasury Department for payment. Names and other data furnished by
claimants used for verifying citizenship status with INS. The
information contained in this system of records is considered by the
Commission to be public information which may be disclosed as a
routine use to interested persons who make inquiries about the claims
program or individual claims therein, including but not limited to
Members of Congress or congressional staff, staff of the Office of
Management and Budget, other persons interested in the work of the
Commission, and members of the news media. Law Enforcement: In the
event that a system of records maintained by FCSC to carry out its
functions indicates a violation or potential violation of law, whether
civil or criminal or regulatory in nature, and whether arising by
general statute or particular program statute or order issued pursuant
thereto, the relevant records in the system of records may be
referred, as a routine use, to the appropriate agency, whether
Federal, State, local or foreign, charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing
or implementing the statute, or rule, regulation, or order issued
pursuant thereto.
The information contained in this system of records will be disclosed
to the Office of Management and Budget in connection with the review
of private relief legislation as set forth in OMB Circular No. A-19,
at any stage of the legislative coordination and clearance process as
set forth in that circular.
A record, or any facts derived therefrom, may be disclosed in a
proceeding before a court or adjudicative body before which the FCSC
is authorized to appear or to the Department of Justice for use in
such proceeding when:
i. The FCSC, or any subdivision thereof, or
ii. Any employee of the FCSC in his or her official capacity, or
iii. Any employee of the FCSC in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the FCSC is determines that the
litigation is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such
records are determined by the FCSC to be arguably relevant and
necessary to the litigation and such disclosure is determined by the
FCSC to be a use compatible with the purpose for which the records
were collected.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper records maintained in file folders.
Retrievability:
Filed numerically by claim number. Alphabetical index used for
identification of claim (see system ``Justice/FCSC-1'' above.
Safeguards:
Under security safeguards at Washington National Records Center.
Retention and disposal:
Records maintained under 5 U.S.C. 301. Disposal in accordance with 44
U.S.C. 3301-3314 when such records are determined no longer useful.
System manager(s) and address:
Administrative Office, Foreign Claims Settlement Commission, 1111 20th
Street NW, Washington, DC 20579; 202-653-6155 or TDD 202/653-5112.
Notification procedure:
Set forth in part 504 of title 45, Code of Federal Regulations.
Contesting record procedures:
Same as above.
Record source categories:
Claimant on whom the record is maintained.
JUSTICE/FCSC--32
System name: General War Claims Program--FCSC.
System location:
Washington National Records Center, 4205 Suitland Road, Washington, DC
20409.
Categories of individuals covered by the system:
US nationals who suffered certain property losses during World War II.
Categories of records in the system:
Claim application forms containing name and address of claimant and
representative, if any; date and place of birth or naturalization;
nature and amount of claim; description, ownership, and value of
property; and evidence to support claim for the purpose of receiving
compensation.
Authority for maintenance of the system:
Title II of War Claims Act of 1948, as amended.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records were used for the purpose of adjudicating claims; issuance of
decisions concerning eligibility to receive compensation under the
Act; notifications to claimants of rights to appeal; and transmittal
of awards, if any, to Treasury Department for payment by authorized by
FCSC personnel. Names and other data furnished by claimants used for
verifying citizenship status with INS. Law enforcement: In the event
that a system of records maintained by FCSC to carry out its functions
indicates a violation or potential violation of law, whether civil,
criminal or regulatory in nature, and whether arising by general
statute or particular program statute, or by regulation, rule or order
issued pursuant thereto, the relevant records in the system of records
may be referred, as a routine use, to the appropriate agency, whether
federal, state, local or foreign, charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing
or implementing the statute, or rule, regulation or order issued
pursuant thereto.
The information contained in this system of records will be disclosed
to the Office of Management and Budget, in connection with the review
of private relief legislation as set forth in OMB Circular No. A-19,
at any stage of the legislative coordination and clearance process as
set forth in that circular.
A record from this system of records may be disclosed as a routine use
to a member of Congress or to a Congressional staff member in response
to an inquiry of the congressional office made at the request of the
individual about whom the record is maintained.
A record, or any facts derived therefrom, may be disclosed in a
proceeding before a court or adjudicative body before which the FCSC
is authorized to appear or to the Department of Justice for use in
such proceeding when:
i. The FCSC, or any subdivision thereof, or
ii. Any employee of the FCSC in his or her official capacity, or
iii. Any employee of the FCSC in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the FCSC determines that the litigation
is likely to affect it or any of its subdivisions,
is a party to litigation or has an interest in litigation and such
records are determined by the FCSC to be arguably relevant and
necessary to the litigation and such disclosure is determined by the
FCSC to be a use compatible with the purpose for which the records
were collected.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper records maintained in file folders.
Retrievability:
Filed numerically by claim number. Alphabetical index used for
identification of claim (see system ``Justice/FCSC-1'' above).
Safeguards:
Under security safeguards at Washington National Records Center.
Retention and disposal:
Records maintained under 5 U.S.C. 301. Disposal of records will be
made in accordance with 44 U.S.C. 3301-3314 when such records are
determined no longer useful.
System manager(s) and address:
Administrative Office, Foreign Claims Settlement Commission, 1111 20th
Street NW, Washington, DC 20579. 202/653-6155 or TDD 653-5112.
Notification procedure:
Set forth in part 504 of title 45, Code of Federal Regulations.
Contesting record procedures:
Same as above.
Record source categories:
Claimant on whom the record is maintained.
JUSTICE/FCSC--33
System name: Vietnam, Claims for Losses Against--FCSC.
System location:
Washington National Records Center, 4205 Suitland Road, Washington, DC
20409.
Categories of individuals covered by the system:
Natural and Juridical persons who allege losses against Vietnam.
Categories of records in the system:
Claim application forms containing name and address of claimant and
representative, if any; date and place of birth or naturalization;
nature and amount of claim; description, ownership, and value of
property; and evidence to support claim for the purpose of receiving
compensation.
Authority for maintenance of the system:
Title VII, International Claims Settlement Act of 1949, as amended.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records were used for the purpose of adjudicating claims of
individuals; issuance of decisions concerning eligibility to receive
compensation under the Act; notifications to claimants of rights to
appeal; and preparation of certifications of awards, if any, to
Treasury Department for payment. Names and other data furnished by
claimants used for verifying citizenship status with INS. The
information contained in this system of records is considered by the
Commission to be public information which may be disclosed as a
routine use to interested persons who make inquiries about the claims
program or individual claims therein, including but not limited to
members of Congress, Congressional staff, staff of the Office of
Management and Budget, other persons interested in the work of the
Commission, and members of the news media.
Law Enforcement: In the event that a system of records maintained by
FCSC to carry out its functions indicates a violation or potential
violation of law, whether civil, criminal or regulatory in nature, and
whether arising by general statute or particular program statute, or
by regulation, rule or order issued pursuant thereto, the relevant
records in the system of records may be referred, as a routine use, to
the appropriate agency, whether federal, state, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation or order issued pursuant thereto.
The information contained in this system of records will be disclosed
to the Office of Management and Budget, in connection with the review
of private relief legislation as set forth in OMB Circular No. A-19,
at any stage of the legislative coordination and clearance process as
set forth in that circular.
A record, or any facts derived therefrom, may be disclosed in a
proceeding before a court or adjudicative body before which the FCSC
is authorized to appear or to the Department of Justice for use in
such proceeding when:
i. The FCSC, or any subdivision thereof, or
ii. Any employee of the FCSC in his or her official capacity or
iii. Any employee of the FCSC in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the FCSC determines that the litigation
is likely to affect it or any of its subdivisions
is a party to litigation or has an interest in litigation and such
records are determined by the FCSC to be arguably relevant and
necessary to the litigation and such disclosure is determined by the
FCSC to be a use compatible with the purpose for which the records
were collected.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper records maintained in file folders.
Retrievability:
Filed numerically by claim number. Alphabetical index used for
identification of claim (see system ``Justice/FCSC-1'' above).
Safeguards:
Under security safeguards at Washington National Records Center.
Retention and disposal:
Records maintained under 5 U.S.C. 301. Disposal of records will be
made in accordance with 44 U.S.C. 3301-3314 when such records are
determined no longer useful.
System manager(s) and address:
Administrative Office, Foreign Claims Settlement Commission, 1111 20th
Street NW, Washington, DC 20579. 202/653-6155 or TDD 202/653-5112.
Notification procedure:
Set forth in part 504 of title 45, Code of Federal Regulations.
Contesting record procedures:
Same as above.
Record source categories:
Individual on whom the record is maintained.
JUSTICE/FCSC--34
System name: Ethiopia, Claims for Losses Against--FCSC.
System location:
Foreign Claims Settlement Commission, 1111 20th Street NW, Washington,
DC 20579.
Categories of individuals covered by the system:
Natural and juridical persons who allege losses against Ethiopia.
Categories of records in the system:
Claims information including name and address of claimant and
representative, if any; date and place of birth or naturalization;
nature and amount of claim; description, ownership, and value of
property; and evidence to support claim for the purpose of receiving
compensation.
Authority for maintenance of the system:
Title I, International Claims Settlement Act of 1949, as amended, and
the December 19, 1985 Compensation Agreement between the Government of
the United States of America and the Provisional Military Government
of Socialist Ethiopia.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records are used for the purpose of adjudicating claims of
individuals; issuance of decisions concerning eligibility to receive
compensation under the Act; notifications to claimants of rights to
appeal; and preparation of certifications of awards, if any, to the
Treasury Department for payment. Names and other data furnished by
claimants used for verifying citizenship status with INS. The
information contained in this system of records is considered by the
Commission to be public information which may be disclosed as a
routine use to interested persons who make inquiries about the claims
program or individual claims therein, including but not limited to
members of Congress, Congressional staff, staff of the Office of
Management and Budget, other persons interested in the work of the
Commission, and members of the news media.
Law Enforcement: In the event that a system of records maintained by
FCSC to carry out its functions indicates a violation or potential
violation of law, whether civil, criminal or regulatory in nature, and
whether arising by general statute or particular program statute, or
by regulation, rule or order issued pursuant thereto, the relevant
records in the system of records may be referred, as a routine use, to
the appropriate agency, whether federal, state, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation or order issued pursuant thereto.
A record, or any facts derived therefrom, may be disclosed in a
proceeding before a court or adjudicative body before which the FCSC
is authorized to appear or to the Department of Justice for use in
such proceeding when:
i. The FCSC, or any subdivision thereof, or
ii. Any employee of the FCSC in his or her official capacity or
iii. Any employee of the FCSC in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the FCSC determines that the litigation
is likely to affect it or any of its subdivisions
is a party to litigation or has an interest in litigation and such
records are determined by the FCSC to be arguably relevant and
necessary to the litigation and such disclosure is determined by the
FCSC to be a use compatible with the purpose for which the records
were collected.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper records maintained in file folders.
Retrievability:
Filed numerically by claim number. Alphabetical index used for
identification of claim (see system ``Justice/FCSC-1'' above).
Safeguards:
Building employs security guards. Records maintained in locked room
accessible to authorized FCSC personnel.
Retention and disposal:
Records maintained under 5 U.S.C. 301. Disposal of records will be
made in accordance with 44 U.S.C. 3301-3314 when such records are
determined no longer useful.
System manager(s) and address:
Administrative Office, Foreign Claims Settlement Commission, 1111 20th
Street NW, Washington, DC 20579. 202/653-6155 or TDD 202/653-5112.
Notification procedure:
Set forth in part 504 of title 45, Code of Federal Regulations.
Contesting record procedures:
Same as above.
Record source categories:
Claimant on whom the record is maintained.
JUSTICE/FCSC-35
System name: Egypt, Claims Against.
System location:
Foreign Claims Settlement Commission, 1111 20th Street NW, Room 400,
Washington, DC 20579.
Categories of individuals covered by the system:
Natural and juridical persons who assert claims for property losses
resulting from actions by the Government of the Arab Republic of
Egypt.
Categories of records in the system:
Claim information, including name and address of claimant and
representative, if any; date and place of birth or naturalization;
nature and amount of claim; description, ownership, and value of
property; other evidence establishing entitlement to compensation of
claim.
Authority for maintenance of the system:
Title I, International Claims Settlement Act of 1949, as amended, and
the Agreement Between the Government of the United States of America
and the Government of the Arab Republic of Egypt Concerning Claims of
Nationals of the United States of May 1, 1976.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records are used for the purpose of adjudicating claims of
individuals; issuance of decisions concerning eligibility to receive
compensation under the Act and Agreement; notifications to claimants
of rights to appeal; and preparation of certifications of awards, if
any, to the Treasury Department for payment. Names and other
information furnished by claimants may be used for verifying
citizenship status with the Immigration and Naturalization Service.
The information contained in this system of records is considered by
the Commission to be public information which may be disclosed as a
routine use to interested persons who make inquiries about the claims
program or individual claims therein including but not limited to
Members of Congress or Congressional staff, staff of the Office of
Management and Budget, other persons interested in the work of the
Commission, and members of the news media.
Law Enforcement: In the event that a system of records maintained by
FCSC to carry out its functions indicates a violation or potential
violation of law, whether civil or criminal or regulatory in nature
and whether arising by general statute or particular program statute
or order issued pursuant thereto, the relevant records in the system
of records may be referred, as a routine use, to the appropriate
agency, whether Federal, State, local or foreign, charged with
enforcing or implementing the statute, or rule, regulation or order
issued pursuant thereto.
A record, or any facts derived therefrom, may be disclosed in a
proceeding before a court or adjudicative body before which the FCSC
is authorized to appear or to the Department of Justice for use in
such proceeding when:
i. The FCSC, or any subdivision thereof, or
ii. Any employee of the FCSC in his or her official capacity, or
iii. Any employee of the FCSC in his or her official capacity where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the FCSC determines that the litigation
is likely to affect it or any of its subdivisions
is a party to litigation or has an interest in litigation and such
records are determined by the FCSC to be arguably relevant and
necessary to the litigation and such disclosure is determined by the
FCSC to be a use compatible with the purpose for which the records
were collected.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper records maintained in file folders.
Retrievability:
Filed numerically by claim number. Alphabetical index used for
identification of claim. Indexing by other information in the claim.
Safeguards:
At FCSC: Building employs security guards.
Records are maintained in locked room accessible to authorized FCSC
personnel and other persons when accompanied by such personnel.
Retention and disposal:
Records maintained under 5 U.S.C. 301. Disposal of records will be in
accordance with 44 U.S.C. 3301-3314 when such records are determined
no longer useful.
System manager(s) and address:
Administrative Office, Foreign Claims Settlement Commission, 1111 20th
Street NW, Washington, DC 20579; Phone (202) 653-6155 or FAX (202)
653-6009.
Notification procedure:
Same as above.
Contesting record procedures:
Same as above.
Record source categories:
Claimant on whom the record is maintained.
DEPARTMENT OF JUSTICE
IMMIGRATION AND NATURALIZATION SERVICE
JUSTICE/INS-001
System name: The Immigration and Naturalization Service Index
System, which consists of the following subsystems:
A. Agency information control record index.
B. Alien enemy index and records.
C. Automobile decal parking identification system for employees.
D. Congressional Mail Unit Correspondence control index.
E. Document vendors and alters index.
F. Enforcement indexes.
1. Group one. (a) Contact index. (b) Information index. (c)
Antismuggling index (general). (d) Criminal, immoral, narcotic, and
subversive index. (e) Suspect third party index.
2. Group two. (a) Air detail office index. (b) Anti-smuggling
information centers, Canadian and Mexican borders.
(c) Border Patrol Academy index. (d) Border Patrol sectors general
index. (e) Fraudulent Document Center index.
3. Enforcement correspondence control index.
G. Examinations indexes.
1. Application and petition system.
2. Correspondence control index.
3. Service lookout system.
H. Extension training program enrollees.
I. Finance Section indexes.
1. Accounts with creditors.
2. Accounts with debtors.
J. Intelligence indexes.
K. Microfilmed manifest records.
L. Naturalization and citizenship indexes.
1. Naturalization and citizenship docket cards.
2. Examiners docket lists of petitioners for naturalization.
3. Master docket list of petitions for naturalization pending one year
or more.
M. Office of Internal Audit investigations index and records.
N. Property issued to employees.
O. Security access clearance index.
P. White House and Attorney General correspondence control index.
Q. Health record system.
R. Personal data card system.
S. Compassionate cases system.
T. Emergency reassignment index.
U. Alien documentation, identification and telecommunications (ADIT)
system.
System location:
Headquarters, Regional, District and other file control offices of the
Immigration Naturalization Service in the United States as detailed in
JUSTICE/INS-999.
Categories of individuals covered by the system:
A. Agency information control record index. Individuals named or
referenced in documents classified for national security reasons.
B. Alien enemy index and records.
1. Alien enemies who were interned during World War II.
2. Americans of Japanese ancestry (Niser) who returned to Japan and
during World War II, either accepted employment by the Japanese
Government or became naturalized in Japan.
C. Automobile decal parking identification for employees. Current INS
employees who have the privilege of parking their cars on government
premises.
D. Congressional Mail Unit correspondence control index.
1. Individuals named in correspondence received, including INS
employees and past employees; Federal, State, and local officials; and
members of the general public.
2. Individuals named in reports or correspondence received, as
individuals investigated in the past or under active investigation, or
suspected of violations of the criminal or civil provisions of
statutes enforced by INS, including Presidential proclamations and
Executive orders relating thereto, and witnesses and informants having
knowledge of violations.
E. Document vendors and alterers index (duplicates in several INS
offices in the Western and Southern regions). Individuals who are
alleged immigration law violators involved in the supply of fraudulent
documents.
F. Enforcement indexes.
1. Group one (a) Contact index; (b) Informant index; (c) Anti-
smuggling index (general); (d) Criminal, immoral, narcotic, racketeer
and subversive indexes; (e) Suspect third party index (1) Individuals
who are in a position to know, learn of, and assist in locating aliens
illegally in the United States; (2) individuals who have significant
knowledge of foreign or domestic organizations subversive in nature
and are willing to appear as Government witnesses or cooperate with
INS on a continuing basis; (3) individuals who are known or suspected
of being professional arrangers, transporters, harborers, and
smugglers of aliens; who operate or conspire to operate with others to
facilitate the surreptitious entry of an alien over a coastal or land
border of the United States; and witnesses having knowledge of such
matters; (4) individuals who are known or suspected of being habitual
or notorious criminals, immorals, narcotic violators or racketeers, or
subversive functionaries or leaders; (5) individuals who are known or
believed to be engaged in fraud operations involving the preparation
and submission of visa petitions and other applications for benefits
administered by INS; or the preparation and submission of applications
for immigrant visas and/or Department of Labor certifications, or the
filing of false United States birth registrations of alien children to
enable them to pose as citizens or to enable parents who are immigrant
visa applicants to evade the labor certification requirement.
2. Group two. (a) Air detail office index. Individuals who are pilots
and/or owners of private aircraft flying between the United States and
foreign countries; individuals who engage in or are suspected of being
engaged in illegal activity such as alien smuggling or entry without
inspection.
(b) Anti-smuggling information centers, Canadian and Mexican borders.
Individuals who are known or suspected of being smugglers or
transporters of illegal aliens.
(c) Border Patrol Academy index. Students or former students at the
Border Patrol Academy; INS officers attending advanced training
classes at the Academy or the Federal Law Enforcement Training Center
(FLETC).
(d) Border Patrol sectors general index. Past or present INS
employees; individuals who are law violators, witnesses, contacts,
informants, members of the general public, Federal, state, county, and
local officials.
(e) Fraudulent Documents Center index. Individuals who are members of
the general public, notaries, public, state and local birth
registration officials and employees, immigration law violators,
vendors of documents, donors of documents, midwives, and witnesses.
Also included in the system are names and information about fictitious
persons used by counterfeiters or alterers of citizenship documents.
3. Enforcement correspondence control index. (a) Individuals named in
correspondence received, including employees, past employees, and
others; (b) individuals named in documents, reports, or correspondence
as individuals under current or past investigation, suspended of
violation of the criminal or civil provisions of the statutes enforced
by INS, including Executive orders and Presidential proclamations, and
witnesses and informants having knowledge of violations.
G. Examinations indexes duplicates in some local offices:
1. Application and petition index: Individuals who have filed or
assisted in filing petitions to classify aliens for the issuance of
immigrant visas.
2. Correspondence control index: Members of the general public.
3. Service lookout system: Violators or suspected violators of the
criminal or civil provisions of statutes enforced by INS.
H. Extension training program enrollees (Location A, supra). INS
employees and other Federal agency employees enrolled in extension
training program courses administered by INS.
I. Finance Section indexes: (1) Accounts with creditors; (2) Accounts
with debtors.
(a) Individuals who are indebted to the United States Government for
goods, services, or benefits or for administrative fines and
assessments.
(b) Employees who have received travel advances or overpayments from
the United States Government, who are in arrears in their accounts, or
who are liable for damage to Government property.
(c) Vendors who have furnished supplies, material, equipment, and
services to the Government.
(d) Employees, witnesses and special deportation attendants who have
performed official travel.
(e) Employees and other individuals who have a valid claim against the
Government.
J. Intelligence indexes. Individuals who have or are suspected of
having violated the criminal or civil provisions of the statutes
enforced by INS.
K. Microfilmed manifest records. Individuals who have arrived or
departed by aircraft or vessel at a United States port.
L. Naturalization and citizenship indexes.
1. Naturalization and citizenship docket cards. Individuals seeking
benefits under Title III of the Immigration and Nationality Act of
1958, as amended.
2. Examiners docket lists of petitioners for naturalization.
Petitioners for naturalization and their beneficiaries.
3. Master docket list of petitioners for naturalization pending one
year or more. Petitioners for naturalization and their beneficiaries.
M. Office of Internal Audit investigations index and records. (1) INS
employees who are the subjects of complainants directed to, or
inquiries or investigations conducted by, the Office of Internal
Audit; (2) individuals (complainants) who write to the Office of
Internal Audit; (3) individuals (complainants) who write to the
Commissioner or Regional Administrators or other officials of INS and
whose correspondence is referred to the Office of Internal Audit; (4)
employees of agencies of the Federal Government other than INS, about
whom information indicating possible criminal or administrative
misconduct has been developed during the course of routine
investigation by components of the Department of Justice, when such
information is furnished to the Office of Internal Audit for referral,
if warranted, to an appropriate investigative component of the
Department of Justice, or to another government agency.
N. Property issued to employees. INS employees who have been issued
property for use in performance of official duties.
O. Security access clearance index. Current INS employees who have
been cleared for access to documents and materials classified in the
interest of national security.
P. White House and Attorney General correspondence control index.
Individuals named in or originating correspondence referred to INS by
staff of the White House or Attorney General.
Q. Health record system. Persons who have requested health services or
required emergency treatment.
R. Personal data card system. Employees and former employees of INS.
S. Compassionate cases system. INS employees who have requested
transfers for personal reasons.
T. Emergency reassignment index. INS employees who would be reassigned
to other duty stations in case of emergency.
U. Alien documentation, identification, and telecommunications (ADIT)
system. Aliens lawfully admitted for permanent residence, commuters
and other authorized frequent border crossings, and nonimmigrant
persons other than transients.
Categories of records in the system:
A. Agency information control record index. The system contains
reference and locater data on the following kinds of documents:
1. Top secret and secret materials classified as national security
information, including all copies prepared from controlled documents
originated, received, or transmitted by INS officers.
2. Confidential material originated by other agencies and referred to
INS, including all copies prepared from controlled documents.
3. All investigative reports, responses to security checks, and
intelligence material received from sources within the Department of
Justice and other Federal intelligence sources.
B. Alien enemy index and records. This system contains a microfilm
index and files containing various forms, reports, and other
information.
C. Automobile decal parking identification system for employees. This
system contains a list by number of each Department of Justice decal
car sticker issued to local INS employees.
D. Congressional Mail Unit correspondence control index. This system
contains a locator record for each report of piece of correspondence
received, reflecting the name of the individual and the number of the
subject filed in which specified information concerning the individual
is maintained.
E. Document vendors and alterers index. This system consists of ``mug
book'' photos of alleged immigration law violators involved in the
supply of fraudulent documents, and data relating to the pictured
violators including name, aliases, vital statistics, method of
operation, list of convictions, present location, and source of
material.
F. Enforcement indexes. 1. Group one, (a) Contact index; (b) Informant
index: (c) Antismuggling index (general); (d) Criminal, immoral,
narcotic, racketeer and subversive indexes; (e) Suspect third party
index. These systems of records are maintained on Form G-598, Contract
Record: Form G-169, Informant Record: Form G-170, Smuggler Information
Index Card: and other index cards containing reference and file
locator data on the individuals, including in some cased biographic
data, address, and a brief description of activities.
2. Group two, (a) Air detail office index. The primary record in the
system is Form I-92A, Report of Private Aircraft Arrival, which is
executed by the inspecting official upon arrival of a private aircraft
from foreign territory. There are also index cards, forms,
investigative reports, records, and correspondence on aircraft
arrivals, failures to report for inspection, and known or suspected
alien smuggling operations using aircraft and microfiche indexes
containing names of owners of aircraft of United States registery.
(b) Anti-smuggling information centers. Canadian and Mexican borders.
This system contains Form G-170. Smuggler Information Index Card,
other index cards, and correspondence relating to anti-smuggling
activities. These indexes are in loose leaf form and are distributed
to Border Patrol offices in the border areas.
(c) Border Patrol Academy index. This system contains general
information and correspondence regarding each students academic
progress in training. The information is maintained on the following
forms: SW-91, Probationary Achievement Report: SW-91A. Scholastic
Grade Worksheet: SW-91B. IOBTC Achievement Report-Immigration
Inspector: SW-91C IOBTC Achievement Report-Investigator: SW-96, Class
Rating Form: SW-123, Training Data: SW-282, Registration Information
Form: SW-446, Conduct and Efficiency Report of Probationary Employee-
5\1/2\ and 10 Months Exam Grades.
(d) Border Patrol sectors general index. This system contains indexes,
forms, reports, and records relating to activities of the Border
Patrol including Form I-14, Record or Apprehension of Seizure Form I-
326, Prosecution Reports: Form I-263A and I-263B. Record of Sworn
Statement: Form I-195, Criminal Prosecution Control Card; Form I-263W,
Record of Sworn Statement-Witness; Form I-236, Prosecution Reports;
Form G-170. Smuggler Information Index Card; Form C-296, Report of
Violation of Section 239, Immigration and Nationality Act; Form C-330,
Notice of Action Information; Form C-445. Conduct and Efficiency
Evaluation of Probationary Appointees; Form C-598, Contact Record.
This system also contains copies of correspondence and memorandums
between INS offices and outside agencies and individuals, as well as
photographs of some violators of the immigration laws of individuals
suspected of being involved in immigration law violations.
(e) Fraudulent Document Center index. This system contains birth
certificates, baptismal certificates, and other identification
documents used by aliens to support their fraudulent claims to United
States citizenship. Most of the documents are genuine; however, there
are also counterfeit and altered documents in the system. Also
contained in the system are cross indexes, investigative reports, and
records of individuals involved in fraud schemes or whose documents
have been put to fraudulent usage.
3. Enforcement correspondence control index. This system contains
reference and locator information on documents, reports, and
correspondence received in the offices of the Associate Commissioner,
Enforcement. Records are maintained on Form C-617, Correspondence
Control Card, and Form CO-147, Call-up-Index--Domestic Control.
G. Examinations indexes. 1. Application and petition systems. This
system contains petitioners' names, date and place of birth, names of
prior spouses, immigration ``A'' number if an alien, and date of
marriage if married; beneficiarys' names, date and place of birth,
immigration ``A'' number if any, names of spouses, and nationality
code, and the names, dates, and places of birth of any children: Name
of the person administering the oath or preparing the form, if other
than a Government employee.
2. Correspondence control index. This system contains reference and
locator information on documents, reports and correspondence received
in the office of the Associate Commissioner, Examinations. Records are
maintained on Form C-617, Correspondence Control Card.
3. Service lookout system. This system contains names and reference
data on violators, alleged violators, and suspected violators of the
criminal or civil provisions of the statutes enforced by INS.
H. Extension training program enrollees. This system contains
correspondence and records of each enrollee's test scores; dates of
actions such as mailing of lesson materials, test results, and
certificates of completion; and dates of receipt of tests.
I. Finance Section indexes. 1. Accounts with creditors. Records are
vendors' invoices, purchase orders, travel vouchers, and claims filed
by appropriation for the fiscal year from which payment is chargeable.
2. Accounts with debtors. Records consist of bill for inspection
services performed under the Act of March 2, 1931; fees, fines,
penalties, and deportation expenses assessed pursuant to the
Immigration and Nationality Act; and employee indebtedness for travel
advances, for the unofficial use of Government facilities and
services, for damage to or loss of Government property, and for
erroneous or overpayment of compensation for travel expenses.
J. Intelligence indexes. Records include reference and locator
information on documents, reports, bulletins, and correspondence:
Records are categorized by name, violation, and activity.
K. Microfilmed manifest records. The system contains microfilmed
indexes and arrival and departure manifests with brief biographical
data and facts of arrival and departure. Arrival records for certain
ports date from 1891, and departure records date from 1900. Records
are not complete, as some records were destroyed and not microfilmed.
L. Naturalization and citizenship indexes. 1. Naturalization and
citizenship docket cards. Docket cards are 3x5 or 5x8 index cards for
each applicant, beneficiary, or petitioner, recording type of
application, date of receipt, file and/or petition number, court
number where petition for naturalization was filed, and reference
number of the individual's case file.
2. Examiners' docket lists of petitioners for naturalization. Records
are maintained on Form N-476, Examiner's Docket List, and record court
of naturalization jurisdiction, petition number, petition filing date,
court number, name of petitioner, name of beneficiary, proposed
recommendation by the naturalization examiner, reasons of continuance,
and reference number of the individual's case file.
3. Master docket lists of petitions for naturalization pending one
year or more. Records are maintained on Form N-476, Examiner's Docket
List, and contain reference and locator information on petitions
pending for one year or longer.
M. Office of Internal Audit investigations index and records. This
system of records consists of complaints filed against INS employees,
the results of investigations into those complaints, and actions taken
after completion of the investigations. This system also includes all
records developed pursuant to special assignments given to the Office
of Internal Audit by the Commissioner as well as records containing
information indicating possible misconduct by employees of the Federal
Government, other than the INS, which have been furnished to the
Office of Internal Audit for referral, if warranted, to the
appropriate investigative authority.
N. Property issued to employees. Records are maintained on Form G-570,
Record-Receipt--Property Issued to Employees, which lists name,
description of property, serial number, dates issued and returned,
employee's initials, and supervisor's initials.
O. Security access clearance index. Records are kept on 3x5 index
cards listing employee's name, dated when clearances were granted, and
levels of clearance. Related records and reports are maintained by the
Office of Management and Finance, Department of Justice.
P. White House and Attorney General correspondence control index.
Records are maintained on Form G-617, Correspondence Control Card, and
contain reference and locator information on correspondence addressed
to the President and the Attorney General which has been referred to
INS for appropriate attention.
Q. Health record system. Records are kept on 5x7 index cards listing
name, date, and treatment given.
R. Personal data card system. Records are kept on Form G-74, Personal
Data Card, for each employee or former employee. Information includes
name, date of birth, height, weight, sex, blood type, photograph, and
color of hair and eyes.
S. Compassionate cases system. Records are kept on 3x5 index cards
containing employees' name, position, grade, present location, date of
request, date circulated to committee, disposition, and (when
applicable) new location of employee. Relating records include the
employee's request: Form G-410, Employee Qualification-Skills
Inventory; local and regional recommendations, medical statements
(where applicable), records of committee actions, and response to
employee.
T. Emergency reassignment index. Records are kept on Form G-560,
Emergency Activity Project Assignment. Information includes name, age,
grade, title, official station, residence, telephone number, and
emergency assignment activity.
U. Alien documentation, identification and telecommunications (ADIT)
system. Records consist of formatted data base records of personal and
biographical information such as name, date of birth, picture and
fingerprint coordinates, height, mother's first name, father's first
name, city/town/village of birth.
Authority for maintenance of the system:
A. General, applicable to all Service index system, includes but is
not limited to: Sections 103, 265 and 290 and Title III of the
Immigrations and Nationality Act, hereinafter referred to as the Act
(66 Stat. 163), as amended (8 U.S.C. 1103; 8 U.S.C. 135; 8 U.S.C.
1360), and the regulations pursuant thereto.
B. Specific, applicable to some of the indexes, including but not
limited to:
1. Executive Order 12356 and 28 CFR 17.79--Agency control information
record index, and Access clearance information system.
2. 31 U.S.C. 66a--Finance Section indexes.
3. Title III of the Act, as amended (8 U.S.C. 1401 through 1503), and
the regulations promulgated thereunder--Naturalizations and
citizenship indexes.
4. Sections 235 and 287 of the Act, as amended (8 U.S.C. 1225; and 8
U.S.C. 1357), and the regulations promulgated pursuant thereto--
Personnel investigations.
5. Section 231 of the Act, as amended (8 U.S.C. 1221)--Micro-filmed
manifest records.
6. 40 U.S.C. 483--Property management system.
7. 5 U.S.C. 4113--Extension training program.
8. 5 U.S.C. 552. The Freedom of Information Act requires certain
record keeping; this system was established and is maintained in order
to enable INS to comply with this requirement.
9. 5 U.S.C. 301--Health Record System. Personal Data Card System, and
Compassionate Cases System.
10. Executive Order 11490--Emergency Reassignment Index.
11. Section 204, 214, and 290 of the Act, as amended (8 U.S.C. 1254,
1184, 1360)--Application and petition system.
Purpose(s):
This system of records is used to serve the public by providing data
for responses, when authorized, to written inquiries, complaints and
so forth. It is also used to administer the management, operational,
and enforcement activities of the Service. The records are used by
officers and employees of the Service and the Department of Justice in
the administration and enforcement of the immigration and nationality
laws, and related statutes, including the processing of applications
for benefits under these laws, detecting violations of these laws, and
for referrals for prosecution.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Relevant information contained in this system of records may be
disclosed as follows:
A. To clerks and judges of courts exercising naturalization
jurisdiction for the purpose of filing petitions for naturalization
and to enable such courts to determine eligibility for naturalization
or grounds for revocation of naturalization.
B. To the Department of State in the processing of petitions or
applications for benefits under the Immigration and Nationality Laws,
Act, and all other immigration and nationality laws, including
treaties and reciprocal agreements.
C. To other federal, state, and local government law enforcement and
regulatory agencies, foreign governments, the Department of Defense,
including all components thereof, the Department of State, the
Department of the Treasury; the Central Intelligence Agency, the
Selective Service System, the United States Coast Guard, the United
Nations, INTERPOL and individuals and organizations during the course
of investigation in the processing of a matter or a proceeding within
the purview of the immigration and nationality laws, to elicit
information required by the Service to carry out its functions and
statutory mandates.
D. Where there is an indication of a violation or potential violation
of law (whether civil, criminal or regulatory in nature) to the
appropriate agency, (whether federal, state, local or foreign) charged
with the responsibility of investigating or prosecuting such
violations or charged with enforcing or implementing the statute,
rule, regulation or order issued pursuant thereto.
E. Where there is an indication of a violation or potential violation
of the immigration and nationality laws, or of a general status within
Service jurisdiction, or by regulation, rule, or order issued pursuant
thereto, to a court, magistrate, or administrative tribunal and to
opposing counsel in the course of discovery.
F. To a federal, state, local or foreign government agency in response
to its request, in connection with the hiring or retention of an
employee, the issuance of a security clearance, the reporting of an
investigation of an employee, the letting of a contract, or the
issuance of a license, grant, loan, or other benefit by the requesting
agency, to the extent that the information is relevant and necessary
to the requesting agency's decision on the matter.
G. To a federal, state or local agency maintaining civil, criminal or
other relevant enforcement information or other pertinent information,
such as current licenses. If necessary to obtain information relevant
to a decision of this Service concerning the hiring or retention of an
employee, the issuance of a security clearance, the letting of a
contract, or the issuance of a license grant or other benefit.
H. Where there is an indication of a violation or potential violation
of the laws of another nation, (whether civil or criminal) to the
appropriate foreign government agency charged with enforcement or
implementing such laws: to international organizations engaged in the
collection and dissemination of intelligence concerning criminal
activity.
I. To the Office of Management and Budget in connection with the
review of private relief legislation as set forth in OMB Circular No.
A-19 at any stage of the legislative coordination and clearance
process as set forth in that Circular.
J. To other Federal agencies for the purpose of conducting national
intelligence and security investigations.
K. To an applicant, petitioner or respondent or to his or her attorney
or representative (as defined in 8 CFR 1.1(j) in connection with any
proceeding before the Service.
L. To a federal, state, local or foreign government agency on a
discretionary and/or reciprocal basis in response to its request, to
assist in the collection or repayment of loans and fraudulently-
secured benefits or grants.
M. 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.
N. To a Member of Congress or staff acting upon 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.
O. To 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.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Generally, index records and cards are stored in manually operated
index machines, file drawers, and boxes; other information is stored
manually as paper records in file folders. Inactive files are stored
at Federal Records Center, Exceptions are as follows:
A. Subsystems of records are maintained in file folder, on lists and
forms, microfilm, microfiche and computer processable storage media.
B. Alien documentation, identification, and telecommunications (ADIT)
system information is stored on magnetic tape and disks. Original
forms completed by the individuals are filed with other records.
C. Alien enemy index: Index records are maintained on microfilm.
Actual files are stored in Federal Records Centers.
D. Enforcement indexes: Original index cards and records are stored in
manually operated file drawers and machines. Some records are also
maintained in the automated system published in a notice entitled
``JUSTICE/DEA-INS-111, Automated Intelligence Records Systems
(Pathfinder),''
E. Examinations indexes: (1) Application and petitioner system records
are stored on magnetic media at the Department of Justice Data
Management Service. Original paper forms completed by the individuals
are filed with other records, (2) Service lookout system records are
maintained on magnetic tape and in printed looseleaf reference books
at ports of entry.
Retrievability:
Generally, records are indexed and retrievable by name and/or ``A'' or
``C'' file number Exceptions are as follows:
A. Air detail office index system: Aircraft data is filed in numerical
sequence, within each calendar year.
B. Intelligence indexes: Records are retrieved by name within
organization, activity, or type of violation.
C. Examiners' docket lists of petitioners for naturalization, and
Master Docket lists of petitions for naturalization pending one year
or more, are filed chronologically for each court exercising
naturalization jurisdiction. Relating records are filed by petition
number.
Safeguards:
Access controls: Records are safeguarded in accordance with Department
of Justice rules and procedures. INS officers are located in buildings
under security guard, and access to premises is by official
identification. All records are stored in spaces which are locked
outside of normal office hours. Many records are stored in cabinets or
machines which are locked outside of normal office hours. Access to
automated system is controlled by restricted password for use of
remote terminals in secured areas.
Retention and disposal:
Several general rules apply to many subsystems of records:
A. Alien registration records are retained for 75 years from the
closing data or date of last actions.
B. Correspondence control cards (forms G-617) are normally retained
for one year following the year in which created.
C. Correspondence portions of subject files are normally retained no
longer than two years. Records are then either microfilmed or
destroyed by burning.
D. Records in policy portions of subject files are retained
indefinitely.
E. Indexes and records not specifically mentioned are retained only so
long as they serve a useful purpose.
F. Records are destroyed by shredding, burning, or as provided in
disposal schedules.
Exceptions to the general practices are as follows:
A. Alien documentation, identification, and telecommunications (ADIT)
system records are maintained until naturalization, death, or other
material change in status of the individual, or until the registration
card is relinquished.
B. Air detail office index: Forms I-92A are retained for five years.
C. Border Patrol trainee examination papers are destroyed six months
after the trainee officer completes his probationary year.
D. Compassionate cases system records are retained for three years
after completion of action.
E. Congressional Mail Unit correspondence control index records are
retained for three years.
F. Emergency reassignment index records are destroyed upon the
transfer, separation, retirement, or death of the employee.
G. Enforcement indexes relating to law violators and witnesses are
retained for three years. Routine investigations records are destroyed
when the investigation is closed. Correspondence control records are
destroyed after final action on the subject matter.
H. Examinations indexes: (1) Application and petition system records
are deleted from the automated data base five years after the date of
the last activity. Inactive records will be stored on magnetic tape
for an additional five years. (2) Service lookout system records are
deleted five years after insertion, unless removed at an earlier date
or reinserted by the listing agency.
I. Finance Section indexes; accounts with creditors and debtors are
retained for two years, from the close of the fiscal year to which
they relate and then are transferred to Federal Records Centers for
storage and disposition.
J. Health records are retained for six years after the date of the
last entry.
K. Intelligence indexes: Records are maintained indefinitely.
L. Naturalization examiners, docket lists and master docket lists are
retained for two years. Naturalization and citizenship docket cards
are purged after applications are rejected, closed, granted, or
denied, or petitions for naturalization are granted, denied, or
nonfiled.
M. Microfilmed manifest records are retained permanently.
N. Personal data cards are retained for three years after the employee
is separated (Location A. supra). In regional offices (Location B.
supra), records are destroyed after the employee is separated.
O. Personnel investigations records are destroyed at the close of the
fiscal year following the year of investigation. However, Operation
Clean Sweep records are being retained until the program is
terminated. Records of criminal investigation are retained as long as
the information serves a useful purpose.
P. Security access clearance index records are destroyed upon the
separation, death, or retirement of the employee.
Q. White House and Attorney General correspondence control index cards
are retained for one year beyond the expiration of the term of the
President.
System manager(s) and address:
A. The system manager, Servicewide, is the Associate Commissioner,
Immigration Resources Management.
B. The Associate Commissioner, Immigration Resources Management is the
sole manager of the following subsystems:
1. Agency information control record index.
2. Alien documentation, identification and telecommunications (ADIT)
system.
3. Alien enemy index.
4. Congressional Mail Unit correspondence control index.
5. Document vendors and alterers index.
6. Enforcement correspondence control index.
7. Examinations indexes: (1) Application and petition system; (2)
Correspondence control index; (3) Service lookout system.
8. Finance Section indexes.
9. Health record system.
10. Intelligence indexes.
11. Microfilmed manifest records.
12. Property issued to employees.
13. Security access clearance index.
14. White House and Attorney General correspondence control index.
C. The following officials are system managers for special subsystems:
1. Automobile decal parking identification for employees: Deputy
Regional Administrators.
2. Enforcement indexes, group one (Contact index; information index;
Antismuggling index (general); Criminal, immoral, narcotic, racketeer
and subversive indexes; Suspect third party index); the ranking
Service officer of the offices in which the indexes are maintained.
3. Enforcement indexes, group two: (a) Air detail office index: Deputy
Director (Location J, supra). (b) Antismuggling information centers;
(1) Canadian border, Chief Patrol Agent; (2) Mexican Border, Deputy
Director, (c) Border Patrol Academy index: Chief Patrol Agent, (d)
Border Patrol sectors general index; Chief Patrol Agent, (e)
Fraudulent Document Center index.
4. Compassionate cases system: Associate Commissioner, Human Resources
and Administration (HQHRA) and Regional Administrators.
5. Emergency reassignment index: Regional Administrators; District
Directors, Officers in charge and Chief Patrol Agents.
6. Extension training program enrollees: Chief, Employee Development
Branch, Office of Assistant Commissioner, Personnel and Career
Development.
7. Naturalization and citizenship indexes: (a) Naturalization and
citizenship docket cards, and Examiners' docket lists of petitioners
for naturalization: District Directors and Officers in Charge, (b)
Master docket lists of petitions for naturalization pending one year
or more: The Associate Commissioner, Examinations; Regional
Administrators; District Directors; and Officers in Charge.
8. Personnel data card system: Director of Personnel (HQPER) and
Regional Personnel Officers.
Notification procedure:
A. Inquiries should be addressed to the FOIA/PA Officer at the INS
office where the record is maintained or (if unknown) to the FOIA/PA
Officer, INS, 425 I Street NW, Washington, DC 20536.
B. Systems totally exempt from disclosure pursuant to 5 U.S.C. 532a
(j) and (k) listed below:
1. Agency information and control record index.
2. Document vendors and alterers index.
3. Emergency reassignment index.
4. Enforcement indexes, group one: (a) Contact index, (b) Informant
index, (c) Anti-smuggling index (general), (d) Criminal, immoral,
narcotic, racketeer, and subversive indexes, (e) Suspect third party
index.
5. Enforcement indexes, group two: Anti-smuggling information centers,
Canadian and Mexican borders.
6. Examinations indexes; Service lookout system.
7. Intelligence indexes.
Record access procedure:
In all cases, requests for access to a record from any record
subsystem shall be in writing by mail or in person. If a request for
access is made in writing, the envelope and letter shall be clearly
marked ``Privacy Access Request.'' The requester shall include a
description of the general subject matter and if known, the relating
file number. To identify a record relating to an individual, the
requester should provide the individual's full name; date and place of
birth; alien, citizen, and, if appropriate, the date and place of
entry into or departure from the United States. The requester shall
also provide a return address for transmitting the information.
Most of the subsystems of records contain information which the
Attorney General has exempted from disclosure pursuant to 5 U.S.C.
552a(j) and (k), and records which are classified pursuant to
Executive order. Each requester will be accorded access to the records
relating to himself only to the extent that such records are not
within the scope of exemptions and are not classified.
Contesting record procedures:
Any individual desiring to contest or amend information maintained in
the system should direct his request to the INS office that maintains
his record or if not known to the FOIA/PA Officer, INS, 425 I Street,
NW, Washington, DC 20536 or to the office in which he believes a
record concerning him may exist. The request should state clearly what
information is being contested, the reasons for contesting it, and the
proposed amendment to the information.
Record source categories:
Basic information contained in INS records is supplied by individuals
on Department of State and INS applications and reports. Other
information comes from inquiries and/or complaints from members of the
general public and members of the Congress; referrals of inquiries
and/or complaints directed to the White House or Attorney General; INS
reports of investigation, sworn statements, correspondence and
memorandums; official reports, memorandums, and written referrals from
other government agencies, including Federal, state, and local, and
from various courts and regulatory agencies; information from foreign
government agencies and international organizations; and personnel and
administrative applications and forms.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c) (3)
and (4); (d); (e) (1), (2), and (3); (e)(4) (G), (H); (e) (5) and (8);
and (g); of the Privacy Act. These exemptions apply to the extent that
information in the subsystems is subject to exemption 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 as additions to Title 28, Code of
Federal Regulations (28 CFR 16.99).
JUSTICEANS-001A
System name:
The Immigration and Naturalization Service (INS) Alien File (A-File)
and Central Index System (CIS).
System location:
Headquarters, Regional, District, and other INS file control offices
in the United States and foreign countries as detailed in JUSTICE/INS-
999. Remote access terminals will also be located in other components
of the Department of Justice and in the Department of State on a
limited basis.
Categories of individuals covered by the system:
A. Individuals covered by provisions of the Immigration and
Nationality Act of the United States.
B. Individuals who are under investigation, were investigated in the
past, or who are suspected of violating the criminal or civil
provisions of treaties, statutes, Executive Orders, and Presidential
proclamations administered by INS, and witnesses and informants having
knowledge of such violations.
Categories of records in the system:
A. The computerized indexing system contains personal identification
data such as A-File number, name, date and place of birth, date and
port of entry, as well as the location of each official hardcopy paper
file known as the ``A-file.'' Microfilm records contain naturalization
certificates and any supporting documentation prior to April 1, 1956;
however, after that date, this type of information is maintained in
the ``A-File'' which is described in B below.
B. The hard copy A-file (prior to 1940 were called Citizenship File
(C-File)) contains all the individual's official record material such
as naturalization certificates; various forms, applications and
petitions for benefits under the immigration and nationality laws;
reports of investigations; statements; reports; correspondence; and
memorandums on each individual for whom INS has created a record under
the Immigration and Nationality Act.
Authority for maintenance of the system:
Sections 103 and 290 of the Immigration and Nationality Act, as
amended (8 U.S.C. 1103 and 8 U.S.C. 1360), and the regulations
pursuant thereto.
Purpose(s):
The system is used primarily by INS and other Department of Justice
employees to administer and enforce the immigration and nationality
laws, and related statutes, including the processing of applications
for benefits under these laws, detecting violations of these laws, and
the referral of such violations for prosecution.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Relevant information contained in this system of records may be
disclosed as follows:
A. To clerks and judges of courts exercising naturalization
jurisdiction for the purpose of filing petitions for naturalization
and to enable such courts to determine eligibility for naturalization
or grounds for revocation of naturalization.
B. To the Department of State in the processing of petitions or
applications for benefits under the Immigration and Nationality Act,
and all other immigration and nationality laws, including treaties and
reciprocal agreements.
C. To other Federal, State, and local government law enforcement and
regulatory agencies and foreign governments, including the Department
of Defense and all components thereof, the Department of State, the
Department of the Treasury, the Central Intelligence Agency, the
Selective Service System, the United States Coast Guard, the United
Nations, and INTERPOL, and individuals and organizations during the
course of investigation in the processing of a matter or during a
proceeding within the purview of the immigration and nationality laws
to elicit information required by INS to carry out its functions and
statutory mandates.
D. To a Federal, State, local or foreign government agency or
organization, or international organization, lawfully engaged in
collecting law enforcement intelligence information, whether civil or
criminal, and/or charged with investigating, prosecuting, enforcing or
implementing civil and/or criminal laws, related rules, regulations or
orders, to enable these entities to carry out their law enforcement
responsibilities, including the collection of law enforcement
intelligence.
E. A record, or any facts derived therefrom, may be disseminated in a
proceeding before a court or adjudicative body before which INS 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 INS to be arguably relevant to the litigation: (i.) INS,
or any subdivision thereof, or (ii.) any employee of INS in his or her
official capacity, or (iii.) any employee of INS in his or her
individual capacity where the Department of Justice has agreed to
represent the employee, or (iv.) the United States, where INS
determines that the litigation is likely to affect it or any of its
subdivisions.
F. To a Federal, State, local or foreign government agency in response
to its request, in connection with the hiring or retention by such
agency of an employee, the issuance of a security clearance, the
reporting of an investigation of such an employee, the letting of a
contract, or the issuance of a license, grant, loan or other benefit
by the requesting agency, to the extent that the information is
relevant and necessary to the requesting agency's decision on the
matter.
G. To a Federal, State, local or foreign government agency maintaining
civil, criminal or other relevant enforcement information or other
pertinent information, such as current licenses, if necessary to
obtain information relevant to a decision of INS concerning the hiring
or retention of an employee, the issuance of a 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.
H. To the Office of Management and Budget in connection with the
review of private relief legislation as set forth in OMB Circular No.
A-19 at any stage of the legislative coordination and clearance
process as set forth in the Circular.
I. To other Federal agencies for the purpose of conducting national
intelligence and security investigations.
J. To an applicant, petitioner or respondent or to his or her attorney
or representative as defined in 8 CFR 1.1(j) in connection with any
proceeding before INS.
K. To a Federal, State, or local government agency to assist such
agencies in collecting the repayment of loans, or fraudulently or
erroneously secured benefits, grants, or other debts owed to them or
to the United States government, and/or to obtain information that may
assist INS in collecting debts owed to the United States Government;
to a foreign government to assist such government in collecting the
repayment of loans, or fraudulently or erroneously secured benefits,
grants, or other debts owed to it provided that the foreign government
in question (1) provides sufficient documentation to establish the
validity of the stated purpose of its request, and (2) provides
similar information to the United States upon request.
L. To student volunteers whose services are accepted pursuant to 5
U.S.C. 3111 or to students enrolled in a college work study program
pursuant to 42 U.S.C. 2751 et seq.
M. 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 a
personal privacy.
N. 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.
O. To the General Services Administration and the National Archives
and Records Administration in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
P. To an obligor, any information which may aid the obligor in
locating an individual who has failed to appear at a deportation
hearing, exclusion or other similar proceeding, and for whom the
obligor had posted an immigration bond in an effort to secure such
appearance by such individual.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Most A-file and C-file records are paper documents and are stored in
file folders. Some microfilm and other records are stored in manually
operated machines, file drawers, and filing cabinets. Those index
records which can be accessed electronically are stored in a data base
on magnetic disk and tape.
Retrievability:
These records are indexed and retrieved by A-file or C-file number,
name, and/or date of birth.
Safeguards:
INS offices are located in buildings under security guard, and access
to premises is by official identification. All records are stored in
spaces which are locked during non-duty office hours. Many records are
stored in cabinets or machines which are also locked during non-duty
office hours. Access to automated records is controlled by passwords
and name identifications.
Retention and disposal:
A-file records are retained for 75 years from the closing date or date
of last action and then destroyed. C-file records are to be destroyed
100 years from March 31, 1956. Automated index records are retained
only as long as they serve a useful purpose and then they are deleted
from the system disk and/or tape.
System manager(s) and address:
The Servicewide system manager is the Assistant Commissioner, Office
of Records, Office of Examinations, Immigration and Naturalization
Service, 425 I Street NW, Washington, DC 20536.
Notification procedure:
Address inquiries to the system manager identified above, the nearest
INS office, or the INS office maintaining desired records, if known,
by using the list of principal offices of the Immigration and
Naturalization Service Appendix: JUSTICE/INS-999, published in the
Federal Register.
Record access procedure:
Make all requests for access in writing to the Freedom of Information
Act/Privacy Act (FOIA/PA) officer at one of the addresses identified
above. Clearly mark the envelope and letter ``Privacy Act Request.''
Provide the A-file number and/or the full name, date and place of
birth, and notarized signature of the individual who is the subject of
the record, and any other information which may assist in identifying
and locating the record, and a return address. For convenience, INS
Form G-639, FOIA/PA Request, may be obtained from the nearest INS
office and used to submit a request for access.
Contesting record procedures:
Direct all requests to contest or amend information to the FOIA/PA
Officer at one of the addresses identified above. State clearly and
concisely the information being contested, the reason for contesting
it, and the proposed amendment thereof. Clearly mark the envelop
``Privacy Act Request.'' The record must be identified in the same
manner as described for making a request for access.
Record source categories:
Basic information contained in INS records is supplied by individuals
on Department of State and INS applications and forms. Other
information comes from inquiries and/or complaints from members of the
general public and members of congress; referrals of inquiries and/or
complaints directed to the White House or Attorney General; INS
reports to investigations, sworn statements, correspondence and
memorandums; official reports, memorandums, and written referrals from
other entities, including Federal, State, and local governments,
various courts and regulatory agencies, foreign government agencies
and international organizations.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c)(3)
and (4); (d); (e) (1), (2), and (3); (e)(4)(G) and (H); (e)(5) and
(8); and (g) of the Privacy Act. These exemptions apply to the extent
that information in the system is subject to exemption pursuant to 5
U.S.C. 552 (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 and codified as additions to Title
28, Code of Federal Regulations (28 CFR 16.99).
JUSTICE/INS-003
System name: Position Accounting/Control System (PACS).
System location:
Central Office, Immigration and Naturalization Service, 425 I Street
NW, Washington, DC.
Categories of individuals covered by the system:
Employees of the Immigration and Naturalization Service.
Categories of records in the system:
A. Position data: Position number; category code; organization code;
position title; pay plan; series; grade; description; accounting
classification code; active/inactive code; fund control number; amount
authorized; hours authorized; new program element code; input control
number; input transaction code; SF-52 date; announcement date and
number; Entered on Duty (EOD) date; date last classified; date
Position Management Committee (PMC) approved; date position last
audited or reviewed; date of transaction; position appeal date, if
any; union coverage code appealed to code; position freeze code;
competitive level code; remarks code.
B. Payroll data; Social Security Account Number (SSAN); pay period
number; payroll subobject code; last pay period amount and hours;
cumulative amount and hours; accrual amount and hours; prior month YTD
amount and hours; payroll current/prior/manual (C/P/M) code.
C. Personnel data; position number; organization code; position title;
pay plan; series; grade; description; accounting classification code;
incumbent's name, Social Security Account Number, next Quality Step
Increase (QSI) date; nature of action; transaction date; FLSA
exemption code; and effective date.
Authority for maintenance of the system:
Section 103 of the Immigration and Nationality Act, as amended (8
U.S.C. 1103); Delegation of Authority to Departments (5 U.S.C. 301);
Position Management Systems and Employment Ceilings; Bureau of the
Budget Circular No. A-64 (June 28, 1965; January 2, 1970).
Purpose(s):
Information in this system is used for reports to INS managers of
position authorization and cost data by geographic area,
organizational unit, program activity, and budget allocation,
including the composition of the INS work force (on-board strength and
vacancies); status of each vacancy; turnover and occupancy rate
statistics: aggregate position data by grade level, organization unit,
program activity, type of position, etc.: actual costs for each
position and projected position costs for the next fiscal year: and
authorization of positions through funds control and periodic review
mechanisms.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Relevant information contained in this system of records may be
disclosed 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 request the information on behalf of and at
the request of the individual who is the subject of the record.
C. To the National Archives and Records Administration and the General
Services Administration records management inspections conducted under
the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Automated records are maintained on magnetic disk and tape at the
Department of Justice Data Management Service. All other records are
maintained as paper documents at the Central Office, 425 I Street NW.,
Washington, DC, and four regional personnel offices.
Retrievability:
Records are retrieved by position number, organization code,
accounting classification code, or program element code.
Access controls:
Access to the system is restricted to employees of the immigration and
Naturalization Service responsible for position accounting and
management. Biweekly reports are distributed only to authorized INS
personnel. Remote terminals for additional access are located in areas
restricted to authorized INS personnel.
Safeguards:
The data in the automated system of records is safeguarded and
protected in accordance with Department of Justice and INS rules and
procedures. Paper forms are stored in metal file cabinets which are
locked outside of normal duty hours.
Retention and disposal:
Records are deleted from the automated data base within 60 days after
termination of the position authorization. Employee personnel
information in the automated data base is deleted when the position
becomes vacant. The data base is updated biweekly to maintain
accurate, current information on position status and characteristics.
System manager(s) and address:
Associate Commissioner, Management.
Notification procedure:
Inquiries should be addressed to the Associate Commissioner,
Management, Immigration and Naturalization Service, 425 I Street NW,
Washington, DC 20536.
Record access procedures:
In all cases, requests for access to a record shall be in writing, by
mail or in person. If request for access is made by mail, the envelope
and letter shall be clearly marked ``Privacy Access Request.'' The
requester shall include a description of the subject matter and, if
known, the relating file number. To identify a record relating to an
individual, requester should provide the individual's full name, date
and place of birth, employee identification number and, if known,
position number. The requester shall also provide a return address for
transmitting the information.
Contesting record procedures:
Any individual desiring to contest or amend information maintained in
the system should direct his request to the Associate Commissioner,
Management. The request should state clearly what information is being
contested, the reasons for contesting it, and the proposed amendment
to the information.
Record source categories:
Position management data is obtained from official records in INS
personnel offices. Payroll data is obtained from the computerized
Department of Justice Payroll System (JUSTICE/OMF--003). Personnel
management data is obtained from the Department of Justice Personnel
System (JUNIPER).
Systems exempted from certain provisions of the act:
None.
JUSTICE/INS-006
System name:
Alien Address Reports.
System location:
Immigration and Naturalization Service (INS). Headquarters, 425 I
Street NW, Washington, DC 20536.
Categories of individuals covered by the system:
Aliens that were required to report addresses in 1980: nonimmigrants;
aliens lawfully admitted for permanent residence; aliens granted
political asylum; refugees and other conditional entrants. (The annual
January requirement was terminated effective January 1, 1981.)
Categories of records in the system:
This system contains an index and copies of Form I-53. Alien Address
Report Card for the year 1980, that provided the following alien
identification information: last name, first, and middle; address in
the U.S.; alien registration number (A-file No.); place entered the
U.S.; date entered the U.S.; sex; country of birth, date of birth;
country of citizenship; social security number (if any); occupation;
employer; and signature and date.
Authority for maintenance of the system:
Sections 103.265 and 290 of the Immigration and Nationality Act, as
amended (8 U.S.C. 1103, 1305, and 1380).
Purpose(s):
The records in this system are used for research and historical
purposes.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Relevant information contained in this system of records may be
disclosed as follows:
A. To a Member of Congress or staff acting upon 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.
B. 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.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
INS Headquarters maintains a microfilm file of 1980 I-53 reports.
Retrievability:
Records in the system are indexed and retrievable by name of the
individual.
Safeguards:
Records are safeguarded in accordance with Department of Justice rules
and procedures. INS offices are located in building, under security
guard, and access to premises is by official identification. Access to
automated systems is controlled by restricted passwords for use of
remote terminals in secured areas.
Retention and disposal:
Microfilm copies, index, reports, and magnetic tapes when no longer
required will be offered to NARA for permanent detention in accordance
with INS schedule NC1-85-78-8.
System manager(s) and address:
Assistant Commissioner, Office of Records, Office of Examinations,
INS, Headquarters, 425 I Street, NW, Washington, DC 20536.
Notification procedure:
Address your inquiries to the system manager identified above.
Record access procedures:
Make all requests for assess in writing to the Freedom of Information
Act/Privacy Act (FOIA/PA) Officer at the address identified above.
Clearly mark the envelope and letter ``Privacy Act Request.'' Provide
A-file number and/or the full name and date of birth, with a notarized
signature of the individual who is the subject of the records, and a
return address.
Contesting record procedures:
Direct all requests to contest or amend information in the records to
the FOIA/PA Officer at the address identified above. State clearly and
concisely the information being contested, the reason for contesting
it, and the proposed amendment thereof. Clearly mark the envelope and
letter ``Privacy Act Request.'' Provide A-file number and/or full name
and date of birth, with a notarized signature of the individual who is
the subject of the records, and a return address.
Record source categories:
Information in the system is obtained from the individuals covered by
the system.
Systems exempted from certain provisions of the act:
None.
JUSTICE/INS-007
System name: Orphan Petitioner Index and Files.
System location:
District offices and suboffices of the Immigration and Naturalization
Service (INS) in the United States and foreign countries, as detailed
in JUSTICE/INS-999.
Categories of individuals covered by the system:
Individuals who are prospective petitioners or who have filed a
petition to classify an alien orphan as an immediate relative under
the Immigration and Nationality Act, as amended.
Categories of records in the system:
A. Index. The system contains Forms G-601, Adjudications Control
Cards, to aid in the administrative control of the processing of cases
within each office where a part of this system is located. B. Files.
The system also contains Forms I-600. Petition to Classify Orphan As
An Immediate Relative, filed for advance processing of orphan
petitions by prospective adoptive parents; documentation of
prospective adoptive parents' United States citizenship and marital
status; agency responses indicating whether prospective adoptive
parents have any arrest records; and home studies which include
statements of financial ability and other elements that relate to the
ability of the prospective parents to provide proper care to
beneficiary orphans.
Authority for maintenance of the system:
Section 101, 103, and 204 of the Immigration and Nationality Act, as
amended (8 U.S.C 1101, 1103, and 1154).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Information in the system will be used by employees of the Immigration
and Naturalization Service to determine the status of pending requests
or petitions, to locate related files and other records promptly, and
to determine the suitability of prospective petitioners as adoptive
parents. Information regarding the status and progress of cases and
the suitability of prospective petitioners as adoptive parents may be
disseminated to other components of the Department of Justice, Members
of Congress, and the President.
Relevant information from this system may be referred to the
Department of State in the processing of petitions or issuance of
visas for benefits under the Immigration and Nationality Act, as
amended.
Information from this system may be referred to officials of other
Federal, state, and local government agencies and adoption agencies
and social workers to elicit information required for making a final
determination of the petitioner's ability to care for a beneficiary
orphan.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress: Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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 records.
Release of information to the National Archives and Records
Administration (NARA) and the General Services Administration (GSA): A
record from a system of records may be disclosed as a routine use to
NARA and GSA in records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are maintained on Forms G-601, Adjudications Control Cards,
and as paper records in file folders.
Retrievability:
Records are retrieved by the name of the petitioner.
Safeguards:
This system of records is safeguarded and protected in accordance with
Department of Justice and INS rules and procedures. The records are
maintained in file cabinets in areas restricted to access by INS
employees, and access to the premises is by official identification.
Retention and disposal:
When an orphan petition is filed, records from the advance processing
file folders are merged into the case file relating to the beneficiary
orphan. See JUSTICE/INS-001, the Immigration and Naturalization
Service Index System. Subsystem E, centralized index and records
(Master Index).
If no petition is filed within one year of completion of all advance
processing, the records are returned to the petitioner or the
responsible state or licensed agency. Materials not returned to the
petitioner or responsible state or licensed agency will be destroyed.
The Forms G--601, Adjudications Control Cards, may be retained for
three years following the year in which they were created.
System manager(s) and address:
Associate Commissioner, Examinations, Immigration and Naturalization
Service, 425 I Street, NW, Washington, DC 20536; and District Director
or Officer in Charge of each INS office where a part of this system is
located.
Notification procedure:
Inquiries should be addressed to the District Director or Officer in
Charge of the INS office where the file is located. If the file
location is not known, inquiries may be addressed to the Associate
Commissioner, Examinations, Immigration and Naturalization Service,
425 I Street, NW, Washington, DC 20536. To enable INS to identify
whether the system contains a record relating to an individual, the
requester must provide the individual's full name, date of birth,
place of birth, and a description of the subject matter.
Record access procedures:
A person desiring access to a record shall submit a request in writing
to the agency official designated under ``Notification procedure''
above. The requester must also identify the record by furnishing the
information listed under that caption. If a request to access a record
is made by mail, the envelope and letter shall be clearly marked
``Privacy Act Request,'' and a return address must be provided for
transmitting any information.
Contesting record procedures:
A person desiring to contest a record shall submit a request in
writing to the agency official designated under ``Notification
procedure'' above. The requester must also identify the record by
furnishing the information listed under that caption and clearly state
which record(s) is being contested, the reason(s) for contesting, and
the proposed amendment(s) to the record(s). If a request to contest a
record is made by mail, the envelope and letter shall be clearly
marked ``Privacy Act Request,'' and a return address must be provided
for transmitting any information.
Record source categories:
Information in the system is obtained from requests and petitions
filed by the petitioners; public and private adoption agencies and
social workers; and Federal, State, local and foreign government
agencies.
Systems exempted from certain provisions of the act:
This system is exempt from subsection (d) of the Privacy Act. This
exemption applies to the extent that information in this system is
subject to exemption pursuant to 5 U.S.C. 552a(k)(1). Regulations 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.
JUSTICE/INS-008
System name: Bond Accounting and Control System (BACS).
System location:
Immigration and Naturalization Service regional offices: (1)
Burlington, Vermont; (2) Fort Snelling, Twin Cities, Minnesota.
Addresses of offices are listed in JUSTICE/INS-999 as published in the
Federal Register, or in the telephone directories of the respective
cities listed above under the heading ``United States Government,
Immigration and Naturalization Service.''
Categories of individuals covered by the system:
Individuals who have posted a bond with INS and the beneficiaries of
posted bonds.
Categories of records in the system:
Information which allows identification of active bonds posted with
INS such as: Bond number, obligor's name and address, alien
beneficiary's name and alien file number, type of bond, location and
date bond was posted, and other data related to bonds.
Authority for maintenance of the system:
Section 103 (8 U.S.C. 1103) in implementing the authorities set forth
in section 213 (8 U.S.C. 1183) and section 293 (8 U.S.C. 1353) of the
Immigration and Nationality Act.
Purpose(s):
Information in this system will be used by employees of INS to control
and account for collateral received to support an immigration bond.
The system will allow prompt location of related files and other
records and will enable INS to make timely responses to inquiries
about these records.
The information in the system can be used to generate various
documents (such as voucher disbursements) required for normal
accounting procedures and to generate statistical and historical
reports pertaining to immigration bonds posted, cancelled or breached.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Relevant information contained in this system of records may be
disclosed as follows:
A. To other Federal, state, or local law enforcement agencies for
investigative purposes or collection of breached bonds.
B. To a member of Congress or staff upon the member's behalf when the
member or staff acting requests the information on behalf of and at
the request of the individual who is the subject of the record.
C. 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.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information is stored on magnetic disks.
Retrievability:
Records may be retrieved by any of the following: Alien's name,
alien's file number, obligor's name, bond-receipt control number,
breach control number, or location and date bond was posted.
Safeguards:
Records are safeguarded in accordance with Department of Justice rules
and procedures. INS offices are located in buildings under security
guard, and access to premises is by official identification. All
records are stored in spaces which are locked outside of normal office
hours. Access to this automated system is obtained through remote
terminals which are located in secured areas and require the use of
restricted passwords.
Retention and disposal:
Records are deleted from magnetic disks one year (or earlier) after
the bond is disbursed and the file closed.
System manager(s) and address:
The Deputy Regional Administrators, at the regional office having
jurisdiction over the area in which the beneficiary alien resides. See
the caption ``System locations.''
Notification procedures:
Inquiries should be addressed to the system manager.
Record access procedure:
In all cases, requests for access to a record shall be in writing.
Written requests may be submitted by mail or in person at an INS
office. If a request for access is made by mail, the envelope and
letter shall be clearly marked ``Privacy Access Request.'' To identify
a record relating to an individual, a requester should provide: The
individual's full name, alien file number, and location and date bond
was posted. The requester shall provide a return address for
transmitting the information.
Contesting record procedures:
Any individual desiring to contest or amend information maintained in
the system should direct his request to the regional INS office in
which he believes the record concerning him may exist. The request
should state clearly what information is being contested, the reason
for contesting it, and the proposed amendment to the information.
Record source categories:
Information contained in this system or records is supplied on INS
forms by individuals who have posted a bond with the INS and by the
beneficiaries of posted bonds.
Systems exempted from certain provisions of the act:
None.
JUSTICE/INS--009
System name:
Alien Status Verification Index.
System location:
Immigration and Naturalization Service (INS), 425 I Street NW,
Washington, DC 20536.
Categories of individuals covered by the system:
Individuals covered by provisions of the immigration and nationality
laws of the United States.
Categories of records in the system:
The system consists of an index of aliens and other persons on whom
INS has a record as an applicant, petitioner, beneficiary, or possible
violator of the Immigration and Nationality Act. Records include index
and file locator data such as last and first name, alien registration
number (or ``A-file'' number), date and place of birth, social
security account number, date coded status transaction data and
immigration status classification, verification number, and an
employment eligibility statement.
Authority for maintenance of the system:
Sections 101 and 121 of the Immigration Reform and Control Act of
1986, 8 U.S.C. 1360, 8 U.S.C. 1324a, 20 U.S.C. 1091, 42 U.S.C. 1436a,
42 U.S.C. 1320b-7, and Executive Order 12781.
Purpose(s):
This system of records is used to verify the alien's immigrant,
nonimmigrant, and/or eligibility status for any purpose consistent
with INS statutory responsibilities.
Routine uses of records maintained in the system, including categories
of users and the purpose of such uses:
Relevant information contained in this system of records may be
disclosed as follows:
A. To a Federal, State, or local government agency, or to a contractor
acting on its behalf, to the extent that such disclosure is necessary
to enable these agencies/contractors to make decisions concerning the
(1) hiring or retention of an employee; (2) issuance of a security
clearance; (3) reporting of an investigation of an employee; (4)
letting of a contract; (5) issuance of a license or grant; or (6)
determination of eligibility for a Federal program or other benefit.
Such access may be via a system in which the recipient performs its
own automated verification of the requisite information for deciding
any of the above. INS will assign appropriate access codes for remote
access through secured terminals to agencies which are to perform
their own automated verification. Records may also be disclosed to
these agencies, or contractors operating on their behalf, for use in
computer matching programs for the purpose of verifying an alien's
immigrant status or non-immigrant status and/or eligibility for the
purpose of making Federal program benefit eligibility determinations.
B. To employers for verifying the employment eligibility of aliens to
work in the United States in compliance with employer sanctions of the
1986 Immigration Reform and Control Act. Employers are assigned secure
access codes and will have access through touch-tone telephone and/or
point of sale equipment.
C. To the private contractor for maintenance and for other
administrative support operations (e.g., preparing for INS management
reimbursable cost reports etc. based on user access), to the extent
necessary to perform such contract duties.
D. To other Federal, State, or local government agencies for the
purpose of verifying information in conjunction with the conduct of a
national intelligence and security investigation or for criminal or
civil law enforcement purposes.
E. To the news media and the public pursuant to 23 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.
F. To a Member of Congress or staff action upon the Member's behalf
when the Member or staff request the information on behalf of and at
the request of the individual who is the subject of the record.
G. To the National Archives and Records Administration (NARA) and the
General Services Administration in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are stored on magnetic disk and tape.
Retrievability:
Records are indexed and retrievable by name and date and place of
birth, or by name and social security account number, by name and A-
file number.
Safeguards:
Records are safeguarded in accordance with Department of Justice
Orders governing security of automated records and Privacy Act systems
of records. Access is controlled by restricted password for use of
remote terminals in secured areas.
Retention and disposal:
A request for disposition authority is pending the approval of NARA.
System manager(s) and address:
The Director, SAVE Program, Immigration and Naturalization Service,
425 I Street NW, Washington, DC, is the sole manager of the system.
Notification procedure:
Inquiries should be addressed to the system manager listed above.
Record access procedures:
In all cases, requests for access to a record from this system shall
be in writing. If a request for access is made by mail the envelope
and letter shall be clearly marked ``Privacy Act Request.'' The
requester shall include the name, date and place of birth of the
person whose record is sought and if known the alien file number. The
requester shall also provide a return address for transmitting the
information.
Contesting record procedures:
Any individual desiring to contest or amend information maintained in
the system should direct his or her request to the System Manager or
to the INS office that maintains the file. The request should state
clearly what information is being contested, the reasons for
contesting it, and the proposed amendment to the information.
Record source categories:
Basic information contained in this system is taken from Department of
State and INS applications and reports on the individual.
Systems exempted from certain provisions of the act:
None.
JUSTICE/INS-010
System name:
Freedom of Information Act/Privacy Act (FOIA/PA) Case Tracking and
Reporting System.
System location:
Headquarters Regional, Service Centers, Administrative Centers,
District, and other Files Control Offices of the Immigation and
Naturalization Service (INS) in the United States as detailed in
JUSTICE/INS-999.
Categories of individuals covered by the system:
Individuals making requests, individuals designated to receive
responses, and individuals whose records are requested by others under
the provisions of the Freedom of Information Act and/or Privacy Act.
Categories of records in the system:
Information extracted from FOIA/PA requests and the documentation
provided by INS personnel of actions taken on the requests. The data
base consists of data such as the names of requesters, record
subjects, or persons designated to receive responses to requests,
mailing addresses to send responses; date of receipt of requests;
assigned request control numbers; date responses are due; interim and
final action(s) taken on requests and the date(s) of final and/or
interim actions; the persons or offices assigned action on requests;
the types of requests; fee data; alien file numbers; specific
exemptions applied to denial actions; offices where requests are
transferred for referral or consultations; and the names/titles of
officials responsible for denials.
Authority for maintenance of the system:
This system is maintained pursuant to 44 U.S.C. 3101 and 8 U.S.C. 1103
to implement the provisions of 5 U.S.C. 552 and U.S.C. 552a.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
This system of records is used to record, control, and determine the
status of FOIA/PA requests, and produce statistical reports required
by both Acts. Information from the system may be provided to the
record subject, the requester or other persons designated by the
requester, and to other Federal agencies and Department of Justice
components receiving INS referrals or with whom consultations are
required in order to complete the processing of requests. All other
uses are internal within INS.
Release of information to Members of Congress: Information in this
system may be disclosed as is necessary to appropriately respond to
congressional inquires on behalf of constituents.
Release of information to the National Archives and Records
Administration (NARA) and the General Services Administration (GSA): A
record from this system of records may be disclosed as a routine use
to the NARA and GSA in records management inspections conducted under
the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining and
disposing of records in the system:
Storage:
Records may be stored on magnetic disks and tapes.
Retrievability:
Records are indexed and retrieved by control number or by name of
requester or subject.
Safeguards:
Records are safeguarded in accordance with Department of Justice
Security regulations governing Privacy Act systems of records. Access
to the automated system is controlled by restricted password from
remote terminals in secured areas.
Retention and disposal:
Records are maintained and disposed in accordance with NARA General
Records Schedule 14 Items 11 through 15 for FOIA and 22 through 26 for
PA.
System manager(s) and address:
Director, Files and Forms Management, Immigration and Naturalization
Service, 425 I Street, NW, Washington, DC is the sole manager of the
system.
Notification procedure:
Inquiries should be addressed to the system manager listed above.
Record access procedures:
In all cases, requests for access to a record from this system shall
be in writing. If a request for access is made by mail, the envelope
and letter shall be clearly marked ``FOIA/PA Request.'' Requests
should be submitted to the INS office where the request was initially
sent, or to the Immigration and Naturalization Service, Attention:
FOIA/PA Section 425 I Street, NW, Washington, DC 20536. The requester
shall include the control number or name of the requester and/or name
of the record subject, and the date and place of submsision of the
request. The requester shall also provide a return address for
response to the inquiry.
Contesting record procedures:
Any individual desiring to contest or amend information maintained in
the system should direct his request to the system manager or to the
INS office where the request which is the subject of the inquiry was
submitted. The request should state clearly what information is being
contested, the reason(s) for contesting it, and the proposed amendment
to the information.
Record source categories:
Individuals requesting information under FOIA/PA and INS officials and
employees engaged in processing or making determinations on FOIA/PA
requests.
Systems exempted from certain provisions of the act:
None.
JUSTICE/INS-011
System name: Password Issuance and Control System (PICS).
System location:
Central, Regional, and District offices of the Immigration and
Naturalization Service (INS) as detailed in JUSTICE/INS-999.
Categories of individuals covered by the system:
Those INS employees, INS contractor employees, and other Federal,
State or local government employees for whom authorization to access
and use INS automated data processing (ADP) systems has been
requested.
Categories of records in the system:
This system of records consists of paper records (INS Form G-872,
Request for ADP Password) and an automated data base. INS Form G-872
contains personal identification data such as name, social security
number, office location code, organization code, ADP security
clearance information, office telephone number, company name of
contractor employees, and a statement by the supervisor certifying the
official need for access. Upon approval of the request, the user ID
code and password issued will be included on the Form. The automated
data base may include information extracted from INS Form G-872 and
from the Secrutiy Clearance Information System (SCIS), JUSTICE/JMD-
008. The SCIS data is necessary to determine the suitability and
trustworthiness to access the information.
Authority for maintenance of the system:
Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103) as
amended by sec. 274A of the Immigration Reform and Control Act of 1986
(8 U.S.C. 1324) and Department of Justice Order 2640.2A which
delegates ADP security authority to INS for maintaining and operating
its systems.
Purpose(s):
The purpose of the system is to expedite determinations of eligibility
to access INS automated systems and to improve control by ADP Security
Officers of ADP password and user ID distribution.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Relevant information contained in this system of records may be
disclosed as follows:
A. Where there is an indication of violation or potential violation of
law (whether civil, criminal or regulatory in nature), to the
appropriate agency (whether Federal, State, local or foreign) charged
with the responsibility of investigating or prosecuting such
violations, or charged with enforcing or implementing the statute,
rule, regulation or order issued pursuant thereto.
B. To the General Services Administration and the National Archives
and Records Administration in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Those records which can be accessed electronically are stored in a
database on magnetic disc. Forms G-872, Request for ADP Password, are
maintained in file folders at Central, Regional and District ADP
Security Offices.
Retrievability:
These records are retrieved by social security number.
Safeguards:
INS offices are located in buildings under security guard, and access
to premises is by official identification. Paper records are stored in
locked files during non-duty hours. Access to automated data is
obtained through terminals which require the use of restricted
passwords and user IDs. Only designated Security Officers have access
to PICS for creating and updating records of users within their
jurisdiction.
Retention and disposal:
Inactive automated records are retained 10 years after date of last
action and then deleted from the system. INS Forms G-872, Request for
ADP Password, are retained 3 years after final action and then
destroyed by shredding.
System manager(s) and address:
The Servicewide system manager is the Director, Technical Services
Branch, Data Systems Division, Immigration and Naturalization Service,
425 I Street NW, Washington, DC 20536.
Notification procedure:
Address inquiries to the system manager identified above.
Record access procedures:
Make all requests for access in writing to the Freedom of Information
Act/Privacy Act (FOIA/PA) Officer at the address identified above.
Clearly mark the envelope and letter ``Privacy Act Request.`` Provide
the full name, social security number, user ID, and notarized
signature of the individual who is the subject of the record, and a
return address.
Contesting record procedures:
Direct all requests to contest or amend information to the FOIA/PA
Officer at the address identified above. State clearly and concisely
the information being contested, the reason for contesting it, and the
proposed amendment thereof. Clearly mark the envelope ``Privacy Act
Request.'' The record must be identified in the same manner as
described for making a request for access.
Record source categories:
INS Form 872, Request for ADP Password, completed by the supervisor or
program manager, and security clearance information extracted from
SCIS, JUSTICE/JMD-008.
Systems exempted from certain provisions of the act:
None.
JUSTICE/INS-012
System name:
Deportable Alien Control System (DACS).
System location:
Headquarters, Regional, District, and other offices of the Immigration
and Naturalization Service (INS) in the United States as detailed in
JUSTICE/INS-999.
Categories of individuals covered by the system:
Aliens alleged to be deportable by INS.
Categories of records in the system:
The system is a computer data base that contains biographic
information about deportable aliens such as name, date and country of
birth; United States and foreign addresses; file number, charge,
amount of bond, hearing date, case assignment, scheduling date,
section(s) of law under which deportability/excludability is alleged;
data collected to support the INS position on deportability/
excludability, including information on any criminal or subversive
activities; date, place, and type of last entry into the United
States; attorney/representative's identification number; family data,
and other case-related information.
Authority for maintenance of the system:
8 U.S.C. 1103, 1251, and 1252.
Purpose(s):
The system provides INS with an automated data base which assists in
the deportation or detention of aliens in accordance with immigration
and nationality laws. It also serves as a docket and control system by
providing management with information concerning the status and/or
disposition of deportable aliens.
Routine uses of records maintained in the system, including categories
of users and the purpose of such uses:
Relevant information contained in this system of records may be
disclosed as follows:
A. To clerks and judges of Federal courts exercising jurisdiction over
the deportable aliens in determining grounds for deportation.
B. To other Federal, State, and local government law enforcement and
regulatory agencies and foreign governments, including the Department
of Defense and all components thereof, the Department of State, the
Department of the Treasury, the Central Intelligence Agency, the
Selective Service System, the United States Coast Guard, the United
Nations, and INTERPOL, and individuals and organizations during the
course of investigation in the processing of a matter or during a
proceeding within the purview of the immigration and nationality laws
to elicit information required by INS to carry out its functions and
statutory mandates.
C. Where there is an indication of a violation or potential violation
of law (whether civil, criminal or regulatory in nature), to the
appropriate agency (whether Federal, State, local or foreign), charged
with the responsibility of investigating or prosecuting such
violations, or charged with enforcing or implementing the statute,
rule, regulation or order issued pursuant thereto.
D. Where there is an indication of a violation or potential violation
of the immigration and nationality laws, or of a general statute
within INS jurisdiction or of a regulation, rule, or order issued
pursuant thereto, to a court, magistrate, or administrative tribunal
in the course of presenting evidence, and to opposing counsel during
discovery.
E. Where there is an indication of a violation or potential violation
of the law of another nation (whether civil or criminal), to the
appropriate foreign government agency charged with enforcing or
implementing such laws and to international organizations engaged in
the collection and dissemination of intelligence concerning criminal
activity.
F. To other Federal agencies for the purpose of conducting national
intelligence and security investigations.
G. 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.
H. To the General Services Administration and the National Archives
and Records Administration in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
These records are stored in a data base on magnetic disks.
Retrievability:
These records are retrieved by name and/or date of birth. A-file
number, or by alien's Bureau of Prisons number, when applicable.
Safeguards:
INS offices are located in buildings under security guard, and access
to premises is by official identification. Access to terminals is
limited to INS employees with user identification numbers. Access to
records in this system is by restricted password and is further
protected by secondary passwords.
Retention and disposal:
Deportable alien case control and detention records are marked closed
and retained for statistical purposes through the end of the fiscal
year. Closed cases are archived and stored in the database separate
from the active cases. A retention and disposition schedule for the
case summary and detention history records is currently being
negotiated and will be submitted to the Archivist of the United States
for approval.
System manager(s) and address:
Assistant Commissioner, Detention and Deportation, Immigration and
Naturalization Service, 425 I Street, NW, Washington, DC 20536.
Notification procedure:
Address inquiries to the system manager identified above.
Record access procedures:
Make all requests for access in writing to the Freedom of Information
Act/Privacy Act (FOIA/PA) Officer at the nearest INS office, or the
INS office maintaining the desired records (if known) by using the
list of Principal Offices of the Immigration and Naturalization
Service Appendix, JUSTICE/INS-999, published in the Federal Register.
Clearly mark the envelope and letter ``Privacy Act Request.'' Provide
the A-file number and/or the full name and date of birth, with a
notarized signature of the individual who is the subject of the
record, and a return address.
Contesting record procedures:
Direct all requests to contest or amend information in the record to
the FOIA/PA Officer at one of the addresses identified above. State
clearly and concisely the information being contested, the reason for
contesting it, and the proposed amendment thereof. Clearly mark the
envelope ``Privacy Act Request.'' The record must be identified in the
same manner as described for making a request for access.
Record source categories:
Basic information is obtained from ``The Immigration and
Naturalization Service (INS) Alien File (A-File) and Central Index
System, (CIS), JUSTICE/INS-001A.'' Information may also come from the
alien, the alien's attorney/representative, INS officials, other
Federal, State, local, and foreign agencies and the courts.
Systems exempted from certain provisions of the act:
None.
JUSTICE/INS-013
System name: Fees and Application Receipt and Entry System
(FARES).
System location:
Immigration and Naturalization Service (INS) Headquarters, Regional
Service Centers, District Offices and sub-offices as detailed in
Justice/INS-999.
Categories of individuals covered by the system:
Individuals who have filed applications or petitions for benefits
under the Immigration and Nationality Act, as amended, and/or who have
submitted fee payments with such applications or petitions;
individuals who have paid fees for access to records under the Freedom
of Information/Privacy Acts (FOIA/PA); individuals who have posted a
bond and related fees with INS; and individuals who have refunded
money to INS.
Categories of records in the system:
Information which identifies individuals named above, e.g., name and
address, date of birth, and alien registration number. Records in the
system may also include such information as date documents were filed
or received in INS, status, location of record, FOIA/PA or other
control number where applicable, fee receipt data, and posted bond
data.
Authority for maintenance of the system:
8 U.S.C. 1103; 8 U.S.C. 1363; and 31 U.S.C. 3512.
Purpose(s):
This system will enable INS to determine the status of pending
applications and petitions for benefits; to account for and control
the receipt and disposition of any fees or refunds collected,
including those which accompany applications, petitions, posted bonds,
and FOIA/PA requests; and to locate related files and respond to
inquiries about these records.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
No external disclosure will be made from this system. The system will
be used by employees as indicated under ``Purpose of the System.''
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information is stored on magnetic disks and tape.
Retrievability:
Records may be retrieved by name of the individuals covered by the
system; and by fee receipt number.
Safeguards:
Records are safeguarded in accordance with Department of Justice rules
and procedures. INS offices are located in buildings under security
guard, and access to premises is by official identification. Offices
are locked during non-duty hours. Access to this system is obtained
through remote terminals which require the use of restricted passwords
and a user ID.
Retention and disposal:
Records are archived off-line for an indefinite period one year after
the final action. A disposition schedule for archived records is
pending.
System manager(s) and address:
Director, Service Center Operation, Immigration and Naturalization
Service, 425 I Street NW, Washington, DC 20536.
Notification procedure:
Inquiries should be addressed to the system manager.
Record access procedure:
Make all requests for access in writing to the FOIA/PA Officer at any
INS office. Clearly mark the envelope and letter ``Privacy Act
Request.'' Depending on the type of record, provide the name and date
of birth of the applicant, name of petitioner or FOIA/PA requester,
alien registration number of beneficiary and receipt number to assist
in locating and/or verifying the identify of the record. For your
convenience, INS Form G-639, Freedom of Information Act Privacy Act
Request, may be obtained from the nearest INS office and used to
submit a request.
Contesting records procedure:
Direct all requests to contest or amend information to the FOIA/PA
Officer at any INS office. State clearly and concisely the information
being contested, the reason for contesting it, and the proposed
amendment thereof. Clearly mark the envelope ``Privacy Act Amendment
Request.'' The record must be identified in the same manner as
described for making a request for access.
Record source categories:
Information contained in this system of records is obtained from the
individuals covered by the system.
Systems exempted from certain provisions of the act:
None.
JUSTICE/lNS-014
System name: Security Access Control System (SACS).
System location:
U.S. Immigration & Naturalization Service (INS), Southern Regional
Office, 7701 North Stemmons Freeway, Dallas, Texas 75247.
Categories of individuals covered by the system:
INS employees.
Categories of records in the system:
Employee name, badge number, date, time, and location of entry into
and departure from INS building.
Authority for maintenance of the system:
Executive Order 12356, 5 U.S.C. 552a(e)(10), Pub. L. No. 90-620, as
amended (44 U.S.C. Chapters 21 and 23), 5 U.S.C. 301, and 40 U.S.C.
486(c), as implemented by 41 CFR 101-20.3 and 41 CFR 101-20.103. The
Executive Order and statutes address the security of records
maintained by Federal agencies, Public Buildings, Property and Works
to include Conduct on Federal Property and Physical Protection and
Building Security.
Purpose(s):
The purpose of the system is to improve the security of Federal
records and property, and the safety of INS employees, by instituting
a more effective means by which to detect unauthorized entry into the
INS buildings. Access badges must be inserted into an electronic box
which will record identifying data and will automatically unlock the
entrance door if the badge is active and authorized.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Category of users: INS management officials and security staff
personnel. Information is not disclosed outside INS.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Automated records are maintained on a diskette.
Retrievability:
Alphabetically by last name; numerically by access badge number.
Safeguards:
Maintained in a locked room with access limited to the regional
security staff and to INS management and supervisory officials.
Retention and disposal:
Data recorded on diskettes will be retained for a period of one year,
at which time the information will be erased by recording new data.
System manager(s) and address:
Regional Commissioner, Southern Regional Office, U.S. Immigration &
Naturalization Service, 7701 North Stemmons Freeway, Dallas, Texas
75247.
Notification procedure:
Inquiry concerning this system should be in writing and made to the
system manager identified above.
Record access procedures:
Make all requests for access in writing to the Regional Freedom of
Information Act/Privacy Act (FOIA/PA) Officer at the address
identified above. Clearly mark the envelope and letter ``Privacy Act
Request.'' Provide full name and date of birth, with a notarized
signature of the individual who is the subject of the record, and a
return address.
Contesting record procedures:
Direct all requests to contest or amend information in the record to
the FOIA/PA Officer at the address identified above. State clearly and
concisely the information being contested, the reason for contesting
it, and the proposed amendment thereof. Clearly mark the envelope
``Privacy Act Request.'' The record must be identified in the same
manner as described for making a request for access.
Record source categories:
INS employees.
Systems exempted from certain provisions of the act:
None.
JUSTICE/INS-015
System name: Port of Entry Office Management Support System
(POMS).
System location:
Port of entry inspection facilities under the District Offices of the
Immigration and Naturalization Service (INS) in the United States as
detailed in JUSTICE/INS-999.
Categories of individuals covered by the system:
INS employees assigned inspection duties at United States ports of
entry.
Categories of records in the system:
Personal identification information, e.g., name, address, social
security number, identification and stamp inspection numbers assigned
to the inspectors; personnel-related data, e.g., job and position
titles, classification, step and grade; and resource management
records, e.g., work schedules, including leave and overtime worked,
and costs data, including dollars allocated to regular and overtime
pay.
Authority for maintenance of the system:
5 U.S.C. chapters, 53, 54, 61, 63; 8 U.S.C. 1103; and 44 U.S.C. 3101.
Purpose(s):
The information in this system will be used to assist management in
scheduling leave, in assigning and controlling overtime, in accounting
for use of overtime funds, and in the overall management of resources
at the various ports of entry.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
There are no routine uses. Information will be accessible only to
management, administrative or operational personnel at a given port
who need the information for port management and reporting.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
These records are stored on hard disk and diskette.
Retrievability:
These records are retrieved by name and identification number.
Safeguards:
INS offices are located in buildings under security guard and access
to the premises is by official identification. Access to records is
restricted to INS employees through the use of identification and
password levels.
Retention and disposal:
These records are maintained 90 days after the employee is separated
or transferred from that port and then deleted from the system.
System manager(s) and address:
Assistant Commissioner, Inspections, 425 I Street, NW, Washington, DC
20536.
Notification procedure:
Address inquiries to Port Supervisor or System Manager identified
above.
Record access procedures:
Make all requests for access in writing to the Freedom of Information
Act/Privacy Act (FOIA/PA) Officer at the nearest INS office, or the
INS office maintaining the desired records (if known) by using the
list of principal offices of the Immigration Naturalization Service
Appendix, JUSTICE/INS-999, published in the Federal Register. Clearly
mark the envelope and letter ``Privacy Act Request.'' Provide the full
name and date of birth, with a notarized signature of the individual
who is the subject of the record, and a return address.
Contesting record procedures:
Direct all requests to contest or amend information in the record in
writing to the FOIA/PA Officer at one of the addresses identified
above. State clearly and concisely the information being contested,
the reason for contesting it, and the proposed amendment thereof.
Clearly mark the envelope ``Privacy Act Amendment Request.'' The
record must be identified in the same manner as described for making a
request for access.
Record source categories:
The sources of information for POMS will be the employee and personnel
management records.
Systems exempted from certain provisions of the act:
None.
JUSTICE/INS--016
System name:
Secondary Verification Automated Log (SVAL).
System location:
Headquarters. Regional, District, and other offices of the Immigration
and Naturalization Service (INS) in the United States as detailed in
JUSTICE/INS--999.
Categories of individuals covered by the system:
Immigrant aliens apply for Federal entitlements for whom INS receives
a Form G-845, Document Verification request, which is submitted by
Federal and State entitlements agencies.
Categories of records in the system:
Temporary paper records include Form G-845 as submitted by the
entitlement agencies and contain the following data: Alien name and
identifying number, name of the entitlement agency, and immigration
status as reported by the alien applicant. INS will update Form G-845
with immigration status information and return it to the entitlement
agency. However, identical data, together with Form G-845 disposition
data, will be recorded and maintained by INS on hard and floppy disks
as a record of secondary verifications made by the entitlement
agencies.
Authority for maintenance of the system:
8 U.S.C. 1255a, 8 U.S.C. 1324a, 8 U.S.C. 1360 and 42 U.S.C. 1320b-7.
Purpose(s):
The SVAL JUSTICE/INS-016 system is used to maintain records of a
second attempt by entitlement agencies to verify immigration status by
comparing paper documents (known as the `'secondary verification'').
Secondary verification is conducted where eligibility for certain
benefits was not or could not be confirmed through direct access to an
INS automated database entitled ``Alien Status Verification Index''
(ASVI), JUSTICE/INS-009 (known as the ``primary verification'').
Specifically, INS is asked to compare the entitlement agency's paper
record, Form G-845 (which contains information provided by the
immigrant aliens applying for Federal entitlements), with INS paper
records; complete the Form relative to immigration status; and return
it to the entitlement agency. The SVAL, JUSTICE/INS-016 system is
maintained to track the interim and final disposition of the second
request to verify eligibility which may require referral to an INS
district office.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Relevant information contained in this system of records may be
disclosed to the following:
A. To a Federal, State, or local government agency in response to a
request for information on the status and/or disposition of a document
verification request submitted by that agency.
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 and at
the request of the individual who is the subject of the record.
C. To the General Services Administration and the National Archives
and Records Administration in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Until they have been processed and returned to the entitlement agency,
Forms G-845 are kept in a card index file. Data extracted from the
form is stored in personal computers on hard and floppy disks.
Retrievability:
These records are retrieved by serial number, A-file number and/or
name of immigrant applicant.
Safeguards:
INS offices are located in buildings under guard and access to the
premises is by official identification. Access to personal computers
is limited to INS employees and access to records in this system is
further restricted through user identification and discrete password
functions to assure that accessibility is limited.
Retention and disposal:
Form G-845 is retained long enough to complete the verification, at
which time the form is returned to the entitlement agency. Completed
verifications are archived on to a storage disk monthly and destroyed
five (5) years after the last month contained on the disk. Disposition
authority is INS Disposition Schedule NI-85-90-3.
System manager(s) and address:
Assistant Commissioner, Office of Records, Office of Examinations,
Immigration and Naturalization Service, 425 I Street NW, Washington,
DC 20536.
Notification procedures:
Address your inquiries about the system in writing to the system
manager identified above.
Record access procedures:
Make all requests for access in writing to the Freedom of Information
Act/Privacy Act (FOIA/PA) Officer at the nearest INS Office, or in the
INS office maintaining the desired records (if known) by using the
List of Principal Offices of the Immigration and Naturalization
Service Appendix, JUSTICE/INS-999, published in the Federal Register.
Clearly mark the envelope and letter ``Privacy Act Request.'' Provide
the A-file number and/or the full name and date of birth, with a
notarized signature of the individual who is the subject of the
records, and a return address.
Contesting record procedures:
Direct all requests to contest or amend information in the record to
the FOIA/PA Officer at one of the addresses identified above. State
clearly and concisely the information being contested, the reason for
contesting it, and the proposed amendment thereof. Clearly mark the
envelope and letter ``Privacy Act Request.'' Provide the A-file number
and/or the full name and date of birth, with a notarized signature of
the individual who is subject of the record, and a return address.
Record source categories:
Form G-845, Request for Document Verification (furnished by
entitlement agencies) and INS immigration status records.
Systems exempted from certain provisions of the act:
None.
JUSTICE/INS-017
System name: Priority Automated Commuter Entry System (PACES).
System location:
Land border ports of entry inspection facilities under the District
Offices of the Immigration and Naturalization Service (INS) in the
United States as detailed in JUSTICE/INS-999.
Categories of individuals covered by the system:
United States citizens and lawful permanent residents who apply to use
dedicated commuter lanes to enter the United States from Canada or
Mexico.
Categories of records in the system:
The system will contain application data such as full name, place and
date of birth, sex, addresses, telephone numbers, country of
citizenship, alien registration number (if applicable), driver's
license number and issuing state or province, the make, model, color,
year, license number and license issuing state or province of the
applicant's vehicle, the name and address of the vehicle's registered
owner if different from the applicant, and the amount of fee paid. The
application will also include such information as the frequency of
border crossings, and the most frequent reason for crossing the
border, together with an indication from the individuals as to whether
he or she has been convicted of any violations of law. In addition,
the file may contain a brief notation indicating that (1) through an
independent check of other law enforcement agency systems, INS
determined that the applicant had been convicted of a specific
violation(s) of law (a finding which could prompt denial of the
application) or (2) through a random border inspection, INS identified
a specific violation(s) of law which provided cause to remove the
individual from the program. Finally, the file will contain letters to
the applicants indicating the disposition of their applications.
Authority for maintenance of the system:
8 U.S.C. 1101, 1103, 1201, 1304, and 1356 (Pub. L. No 101-515)
Purpose(s):
Information in this system will be used to adjudicate applications to
travel in commuter lanes which have been established at certain land
border entry points into the United States. The lanes have been
established to reduce border delays by allowing low-risk frequent
border crossers, who have been pre-screened and pre-authorized, to
travel across the border subject only to random border inspections.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Revelant information contained In this system of records may be
disclosed to the following:
A. To Federal, State, and local government agencies, foreign
governments, individuals, and organizations during the course of
investigation in the processing of a matter or a proceeding within the
purview of the immigration and nationality laws, to elicit information
required by the INS to carry out its functions and statutory mandates.
B. Where there is an indication of a violation or potential violation
of law (whether civil, criminal or regulatory in nature), to the
appropriate agency (whether Federal, State, local or foreign), charged
with the responsibility of investigating or prosecuting such
violations or charged with enforcing or implementing the statute,
rule, regulation or order issued pursuant thereto.
C. Where there is an indication of a violation or potential violation
of the law of another nation (whether civil, criminal or regulatory in
nature), to the appropriate foreign government agency charged with the
responsibility of investigating or prosecuting such violations or with
enforcing or implementing such laws, and to international
organizations engaged in the collection and dissemination of
intelligence concerning criminal activity.
D. To a Member of Congress or staff acting upon 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.
E. To the General Services Administration and the National Archives
and Records Administration in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
These records are stored in manila folders and on hard disk and
diskette.
Retrievability:
These records are retrieved by name, address, and/or vehicle license
number.
Safeguards:
INS offices are located in building under guard and access to the
premises is by official identification. Personal computers are
accessed by user identification and password levels to assure that
accessibility is limited to persons having a need-to-know. Similarily,
paper records are protected from unauthorized access in locked files.
Retention and disposal:
INS proposes to maintain all records for three years after the
dedicated commuter lane permit expires or for three years after the
denial of an application or removal of an individual from the program.
Litigation records would be maintained three years after resolution or
court decision. At the end of the three years, automated records will
be erased, and paper records will be destroyed by shredding. The INS
proposal is pending approval by the Department of Justice and by the
Archivist of the United States.
System manager(s) and address:
Assistant Commissioner, Inspections, 425 I Street, NW, Washington, DC
20536.
Notification procedures:
Address your inquiries to the Port Director (if known) or to the
system manager identified above.
Records access procedures:
Make all requests for access in writing to the Freedom of Information
Act/Privacy Act (FOIA/PA) Officer at the nearest INS Office, or in the
INS office maintaining the desired records (if known) by using the
List of JUSTICE/INS-999, published in the Federal Register. Clearly
mark the envelope and letter ``Privacy Act Request.'' Provide the A-
file number and/or the full name and date of birth, with a notarized
signature of the individual who is the subject of the records, and a
return address.
Contesting record procedures:
Direct all requests to contest or amend information in the record to
the FOIA/PA Officer at one of the addresses identified above. State
clearly and concisely the information being contested, the reason for
contesting it, and the proposed amendment thereof. Clearly mark the
envelope and letter ``Privacy Act Request.'' Provide the A-file number
and/or the full name and date of birth, with a notarized signature of
the individual who is subject of the records, and a return address.
Record source categories:
The primary source of information is the application. Other law
enforcement records systems may be used as sources.
System exempted from certain provisions of the act:
None.
JUSTICE/INS--018
System name:
Automated Data Processing Equipment Inventory Management System
(AIMS).
System location:
Headquarters, Regional, District, and other offices of the Immigration
and Naturalization Service (INS) in the United States as detailed in
JUSTICE/INS--999.
Categories of individuals covered by the system:
INS employees who are responsible for the procurement and management
of automated data processing equipment (ADPE); and, contractors who
have been assigned ADPE to use in developing software programs for
INS.
Categories of records in the system:
An inventory reflecting (1) the ADPE procurement and management
activities of INS employees and (2) the identity of contractors using
such equipment to develop software programs for INS. The inventory
will include information relating to the kinds and quantity of ADPE
equipment procured, the disposition of such equipment and the purpose
for such disposition, and/or (where appropriate) information relating
to the reassignment of responsibility for the equipment. Such
reassignment may be made based upon the resignation or transfer of
responsible employees, upon the expiration of the subject contracts,
or otherwise upon the need to track the status or disposition of the
equipment and identify the management employee responsible therefor,
e.g., removal of the equipment from the inventory for repair purposes.
Records will include identifying information such as INS employee or
contractor name/title, social security number, office location/address
and phone number, company name of the contractor, and other relevant
information such as the level of responsibility assigned to the INS
employee.
Authority for maintenance of the system:
8 U.S.C. 1103 and 40 U.S.C. 483.
Purpose(s):
To provide accountability records relating to (1) INS employee
management and disposition of ADPE equipment and (2) contractor use of
such equipment in developing software programs for INS. The records
will be used by management to track and account for the procurement
and disposition of all ADPE, and thus ensure the integrity and
security of the ADPE inventory.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Relevant information contained in this system of records may be
disclosed as follows:
A. Where there is an indication of a violation or potential violation
of law (whether civil, criminal, or regulatory in nature), to the
appropriate agency (whether Federal, State, local or foreign) charged
with the responsibility of investigating or prosecuting such
violations, or charged with enforcing or implementing the statute and/
or the rule, regulation or order issued pursuant thereto.
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 and at
the request of the individual who is the subject of the record.
C. To the General Services Administration and the National Archives
and Records Administration in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
D. 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.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
The records are stored in a data base on magnetic disk.
Retrievability:
These records may be retrieved by INS employee and contractor name,
machine serial number, company name, or office location.
Safeguards:
The records are accessed from mainframe computer terminals located in
INS offices that are locked during non-duty hours. Access is obtained
through terminals which require the use of restricted passwords and
user identification numbers. Only designated personnel have access to
AIMS for creating and updating ADPE Inventory records within their
jurisdiction.
Retention and disposal:
A schedule for the retention and disposal of these records is under
review and development.
System manager(s) and address:
The Servicewide system manager is the Associate Commissioner,
Information Resources Management, Immigration and Naturalization
Service, 425 I Street, NW, Washington, DC 20536.
Notification procedures:
Address your inquiries to the system manager identified above.
Record access procedures:
Make all requests for access in writing to the Freedom of Information
Act/Privacy Act (FOIA/PA) Officer at the address identified above.
Clearly mark the envelope and letter ``Privacy Act Request.'' Provide
the full name, social security number, user identification number, and
notarized signature of the individual who is the subject of the
records, and a return address.
Contesting record procedures:
Direct all requests to contest or amend information to the FOIA/PA
Officer at the address identified above. State clearly and concisely
the information being contested, the reason for contesting it, and the
proposed amendment thereof. Clearly mark the envelope and letter
``Privacy Act Request.'' The record must be identified in the same
manner as described for making a request for access.
Record source categories:
The individuals covered by the system are the record sources.
Systems exempted from certain provisions of the act:
None.
JUSTICE/INS-019
System name:
Employee Assistance Program (EAP) Treatment Referral Records.
System location:
EAP Coordinator records are located at Immigration and Naturalization
Service (INS) headquarters and in all INS regional offices.
Headquarters and regional office addresses are provided in a published
appendix to INS systems identified as Justice/INS-999. EAP contract
facility/provider records are located in the offices of the providers
throughout the Western Region and, in part, the eastern Region (i.e.,
the city of Hartford, Connecticut and the States of Vermont and
Maine). Addresses of these offices may be obtained by contacting the
EAP Coordinators of the Western and Eastern Regional Offices.
Categories of individuals covered by the system:
Current and former INS employees who have sought counseling and/or
have been referred to the INS EAP Coordinators or directly to INS EAP
contract/facility provider for counseling and/or treatment. To the
limited degree that counseling and treatment may be provided to family
members of these employees, these individuals, too, may be covered by
the system. With respect to records maintained by the EAP Coordinator
(identified in item A, below), this system covers all INS employees
(and family members); with respect to the clinical records (identified
in item B below), it covers all INS employees (and family members) of
the Western Region and, in part, the Eastern Region (i.e., the city of
Hartford, Connecticut and the States of Vermont and Maine).
Categories of records in the system:
Included are the EAP Coordinator records, i.e., those of INS
headquarters employees and all INS regional offices; also included are
the contract facility/provider records (i.e., clinical records) of
only the Western Region and, in part the Eastern Region (i.e., the
city of Hartford, Connecticut and the States of Vermont and Maine).\1\
EAP records include those maintained by the EAP Coordinators and by
the EAP contract facility/providers as follows:
---------------------------------------------------------------------------
\1\Clinical records of INS employees at headquarters and in the
Northern and Southern Regions, and in the Eastern Region for those
areas other than Hartford, Connecticut, the Boston District, and the
States of Vermont, and Maine, are maintained by the Department of
Health and Human Services, Public Health Service. Clinical records of
INS employees in the Boston District, Eastern Region, are maintained
by the Office of Personnel Management.
---------------------------------------------------------------------------
A. EAP Coordinator records include records which may assist in
managing and monitoring the referral, attendance, and progress of the
employee. Examples: Personal identification data; home addresses and/
or phone numbers; insurance data; supervisors' phone numbers; notes on
referrals to the contract facilities; addresses of treatment
facilities or individuals providing treatment; notes regarding
attendance and progress made; leave records; information on confirmed
unjustified positive drug tests provided by the Drug Free Workplace
Program and the Medical Review Officer under E.O. 12584; supervisory
or personnel documents on workplace problems or performance; abeyance
agreements (made to mitigate discipline based upon treatment); and
written consent forms, together with any information which may be
provided pursuant to written consent.
B. EAP contract facility records include, where appropriate, those
which are maintained by the EAP Coordinator. In addition, they include
any records which may assist in diagnosing, evaluating, counseling,
and/or treating the employee. Examples: Pertinent psychosocial,
medical, and employment histories; medical tests or screenings,
including EAP drug and alcohol tests and information on confirmed
unjustified positive drug tests generated by the staff of the Drug
Free Workplace Program and the Medical Review Officer and provided by
the EAP Coordinator or the employee's supervisor; notes and
documentation on counseling; treatment and rehabilitation plans as
well as behavioral improvement plans; and records of referrals by the
EAP contract facility to community treatment resources. For example,
employees requesting legal, financial or other assistance not related
to psychological or medical health may be referred to the appropriate
community resources (or subcontract providers). Where such referrals
have been made, records from the subcontractor also may include
relevant information related to counseling, diagnosis, prognosis,
treatment, and evaluation, together with follow-up data. These records
also include written consent forms used to manage referrals and the
flow of information. Finally, records include account information such
as contractor billings and INS payments.
Authority for maintenance of the system:
42 U.S.C. 290dd, et seq., and 290ee, et seq.; 42 CFR part 2; Executive
Order 12564; 5 U.S.C. 3301 and 7901; 44 U.S.C. 3101 and Pub. L. No.
100-71, Sec. 503 (July 11, 1987).
Purpose(s):
The EAP is a voluntary program designed to assist the recovery of
employees who are experiencing one or more of a variety of personal or
behavioral problems (e.g., marital, financial, substance abuse).
Records are maintained to document referral and participation in the
EAP program; the nature and effects of the employee's personal or
behavioral problem(s); efforts to counsel, treat, and rehabilitate the
employee; and progress made in attaining his/her full recovery.
Records may be used also to track compliance with agreements made to
mitigate discipline based upon treatment (abeyance agreements).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures permitted by the Privacy Act
itself,\2\ 5 U.S.C. 552a(b), permissive disclosures without individual
consent, are as follows:
---------------------------------------------------------------------------
\2\To the extent that release of alcohol and drug abuse records is
more restricted than other records subject to the Privacy Act, INS
will follow such restrictions. See 42 U.S.C. 290dd and 290ee.
---------------------------------------------------------------------------
1. Where an employee has volunteered to participate in the EAP, and to
the extent that it is appropriate, relevant, and necessary to enable
the contractor to perform his counseling, treatment, rehabilitation,
and evaluation responsibilities, INS will provide those records
(identified in A, above as INS EAP Coordinator records, and which are
primarily administrative in nature) to the contract facilities/
providers who, on behalf of INS, operate that part of this system of
records which covers the clinical records (identified in B. above).
2. Contract facilities/providers may disclose:
a. To appropriate State or local authorities to report, under State
law, incidents of suspected child abuse or neglect.
b. To any person or entity to the extent necessary to prevent an
imminent and potential crime which directly threatens loss of life or
serious bodily injury.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are stored in locked file cabinets and a computerized
environment.
Retrievability:
Records are retrieved by a case number which is cross referenced to a
name by the computer.
Safeguards:
In accordance with the requirements of 42 CFR 2.16, records are stored
in a secure environment. Paper records of the EAP Coordinator are
stored in a locked file cabinet in a locked room and in a personal
computer which is password protected. Paper records of the EAP
contract facility/provider are stored in locked files also and in
computers which are password protected. In addition, all paper
records, e.g., case files, billings and payment vouchers, are
identified by case number only and cannot be identified by a name
until they are cross-referenced by the computer system to a name.
Only the EAP Administrator, Coordinator or a designated staff member
may access or disclose the records of the EAP Coordinator. Only a
designated member of the EAP contract facility/provider may access and
disclose records maintained by the facility/provider. Information
maintained by the facility/provider will be disclosed to the EAP
Administrator, Coordinator, the INS manager and/or supervisor only
upon written consent of the individual. Further, no information in
this system of records, whether maintained by the EAP Coordinator or
by the EAP contract facility/provider, will be disclosed otherwise
except with the written consent of the individual or as indicated
under the routine use disclosure outlined in this notice.
Retention and disposal:
Records are retained for three years after the individual ceases
contact with the counselor unless a longer retention period is
necessary because of pending administrative or judicial proceedings.
In such cases, the records are retained for six months after the case
is closed. Records are destroyed by shredding or burning (General
Records Schedules 26 and 36).
System manager(s) and address:
Assistant Commissioner, Human Resources and Development, Immigration
and Naturalization Service, 425 I Street, NW, Washington, DC 20536.
Notification procedure:
Same as record access procedures.
Record access procedures:
Address all requests for access to EAP coordinator records to the
system manager identified above. Address all requests for records
maintained by the facility/provider of contract counseling services to
that facility/provider. Addresses of these offices may be obtained by
contacting the EAP Coordinators of the Western and Eastern Regional
Offices. Clearly mark the envelope and letter ``Privacy Act Request.''
Provide the full name and notarized signature of the individual who is
the subject of the record, the dates during which the individual was
in counseling, any other information which may assist in identifying
and locating the record, and a return address.
Contesting record procedures:
Direct all requests to contest or amend information in accordance with
procedures outlined under Record Access Procedures. State clearly and
concisely the information being contested, the reason for contesting
it, and the proposed amendment thereof. Clearly mark the envelope
``Privacy Act Amendment Request.''
Record source categories:
Records are generated by the employee who is the subject of the
record; EAP Coordinators and EAP contract facilities/providers; the
personnel office; and the employee's supervisor. In the case of drug
abuse counseling, records may also be generated by the staff of the
Drug Free Workplace Program and the Medical Review Officer.
Systems exempted from certain provisions of the act:
None.
JUSTICE/INS-999
System name:
INS Appendix: List of principal offices of the Immigration and
Naturalization Service.
Headquarters: Immigration and Naturalization Service, 425 I Street NW,
Washington, DC 20536.
Regional Offices: Eastern Regional Office, 70 Kimball Avenue South,
Burlington, VT 05403-6813.
Central Regional Office, Fort Snelling Fed. Bld., Room 400, Twin
Cities, MN 55111-4007.
Western Regional Office, 24000 Avila Road, Laguna Niguel, CA 92607-
0080.
Regional Service Centers: Eastern Service Center, 75 Lower Welden
Street, St. Albans, VT 05479-0001.
Northern Service Center, 850 S Street, Lincoln, NE 68508-1619.
Southern Service Center, PO Box 152122, Irving, TX 75015-0212.
Western Service Center, Post Office Box 30040, Laguna Niguel, CA
92607-0040.
Administrative Center: Eastern Administrative Center, 70 Kimball
Avenue, Burlington, VT 05403-6813.
Southern Administrative Center, 7701 North Stemmons Freeway, Dallas,
TX 75247-998.
Northern Administrative Center, Fort Snelling Fed. Bldg., Room 480,
Twin Cities, MN 55111.
Western Administrative Center, 24000 Avila Road Laguna Niguel, CA
92677-8080.
District Offices in the United States:
Anchorage District Office, Michaelis Building, 1st Floor, 620 East
10th Avenue, Anchorage, AK 99501-7581.
Atlanta District Office, 77 Forsyth Street, SW, Room G-85, Atlanta, GA
30303.
Baltimore District Office, Equitable Bank Center, 12th Floor, Tower
One, 100 South Charles Street, Baltimore, MD 21210.
Boston District Office, JFK Federal Building, Government Center,
Boston, MA 02203.
Buffalo District Office, 68 Court Street, Buffalo, NY 14202.
Chicago District Office, 10 West Jackson Boulevard, Second Floor,
Chicago IL 60604.
Cleveland District Office, Anthony J. Celebreze, Federal Office
Building, 1240 East 9th Street, Room 1917, Cleveland, OH 44199.
Dallas District Office, 8101 North Stemmons Freeway, Dallas, TX 75247.
Denver District Office, 4730 Paris Street, Albrook Center, Denver, CO
80239-2804.
Detroit District Office Federal Building, 333 Mt. Elliott St.,
Detroit, MI 48207.
El Paso District Office, 700 E. San Antonio, El Paso, TX 79901.
Harlingen District Office, 2102 Teege Road, Harlingen, TX 78550.
Helene District Office Federal Building, Room 512, 301 South Park,
Drawer 10036, Helene, MT 59626.
Honolulu District Office, 595 Ala Moana Boulevard, Honolulu, HI 96813.
Houston District Office, 509 North Belt, Houston, TX 77060.
Kansas District Office, 9747 N. Connant Avenue, Kansas City, MO.
Los Angeles District Office, 300 North Los Angeles Street, Los
Angeles, CA 90012.
Miami District Office, 7880 Biscayne Boulevard, Miami, FL 33138.
Newark District Office Federal Building, 970 Broad Street, Newark, NJ
07102.
New Orleans District Office Postal Services Bldg., Room T-8005, 701
Loyola Ave., New Orleans, LA 70113.
New York District Office, 26 Federal Plaza, New York, NY 10278.
Omaha District Office, 3736 South 132nd Street, Omaha, NE 68144.
Philadelphia District Office, 1600 Callowhill Street, Philadelphia, PA
19130.
Phoenix District Office, 2035 North Central Avenue, Phoenix, AZ 85004.
Portland Maine District Office, 739 Warren Avenue, Portland, ME 04103.
Portland Oregon District Office, Federal Office Building, 511 NW.,
Broadway, Portland, OR 97209.
San Antonio District Office, U.S. Federal Building, 727 E. Durango,
Suite A301, San Antonio, TX 78206.
San Diego District Office, 880 Front Street, San Ysidro, CA 92188.
San Francisco District Office, 630 Sansome Street, Appraisers
Building, San Francisco, CA 94111.
San Juan District Office, PO Box 365068, San Juan, PR 00936-5068.
Seattle District Office, 815 Airport Way South, Seattle, WA 98134.
St. Paul District Office, 2901 Metro Drive, Suite 100 Bloomington, MN
55425.
Washington, DC District Office, 4420 North Fairfax Drive, Arlington,
VA 22203.
Suboffices (Files Control Offices) in the United States:
Agana Office, 801 Pacific News Building, 238 O'Hara Street, Agana, GU
96910.
Albany Office, James T. Foley Federal Courthouse, 445 Broadway, Room
220, Albany, NY 12207.
Charlotte Office, 6 Woodlawn Green, Suite 138, Charlotte, NC 28217.
Charlotte Amalie Office, Federal District Court Bldg. PO Box 610,
Charlotte Amalie, St. Thomas, VI 00801.
Cincinnati Office, J.W. Peck Federal Building, 550 Main Street, Room
8525, Cincinnati, OH 45202.
El Paso Intelligence Center, SSG Sims Street, Building 11339, El Paso,
TX 79918-5100.
Hartford Office, Ribicoff Building, 450 Main Street, Hartford, CT
06103-3060.
Indianapolis Office, Gateway Plaza, 950 North Meridian, Suite 400,
Indianapolis, IN 46204.
Las Vegas Office, Federal Building, U.S. Courthouse, 300 South Las
Vegas Boulevard, Room 1430, Las Vegas, NV 89101.
Memphis Office, 245 Wagner Place, Suite 250, Memphis, TN 38103-3800.
Milwaukee Office, Federal Building, Room 186, 517 East Wisconsin
Avenue, Milwaukee, WI 53202.
Norfolk Office, Norfolk Federal Building, 200 Granby Mall, Room 439,
Norfolk, VA 23510.
Pittsburgh Office, 314 Federal Building, 1000 Liberty Avenue,
Pittsburgh, PA 15222.
Providence Office, Federal Building U.S. Post Office, Exchange
Terrace, Providence, RI 02903.
Reno Office, 1351 Corporate Blvd., Reno, NV 89502.
St. Albans Office, PO Box 328, St. Albans, VT 05478.
St. Louis Office, R.A. Young Federal Building, 1222 Spruce Street,
Room 1.100, St. Louis, MO 63101-2815.
Salt Lake City Office, 230 West 400 South Street, Salt Lake City, UT
84101.
Spokane Office, U.S. Courthouse Building, Room 691, Spokane, WA 99201.
Border Patrol Sector Headquarters:
Blaine Sector Headquarters, 1590 ``H'' Street, PO Drawer V, Blaine, WA
98230.
Buffalo Sector Headquarters, 231 Grand Island Boulevard, Tonawanda, NY
14150.
Del Rio Sector Headquarters, Qualia Drive, PO Box 2020, Del Rio, TX
78840.
Detroit Sector Headquarters, PO Box 32639, Detroit, MI 48232.
El Centro Sector Headquarters, 1111 North Imperial Avenue, El Centro,
CA 92243.
El Paso Sector Headquarters, PO Box 9578, El Paso, TX 79986.
Grand Forks Sector Headquarters, 2320 South Washington Street, Grand
Forks, ND 58201.
Harve Sector Headquarters, 2605 5th Avenue, SE, Harve, MT 59501.
Houlton Sector Headquarters, Rt. 1 Calais Rd., PO Box 706, Houlton, ME
04730.
Laredo Sector Headquarters, 207 W. Del Mar Boulevard, Laredo, TX
78041.
Livermore Sector Headquarters, 6102 9th St., Dublin, CA 94268.
Marfa Sector Headquarters, 300 Madrid Street, Marfa, TX 79843.
Mayaguez Sector Headquarters, Box 467, Ramey, PR 00604.
McAllan Sector Headquarters, 2301 South Main Street, McAllen, TX
78503.
Miami Sector Headquarters, 7201 Pembroke Rd., Pembroke Pines, FL
33023.
New Orleans Sector Headquarters, 3819 Patterson Drive, New Orleans, LA
70114.
San Diego Sector Headquarters 3752 Beyer Blvd., San Ysidro, CA 92073.
Spokane Sector Headquarters, North 10710 Newport Highway, Spokane, WA
99218.
Swanton Sector Headquarters, Grand Avenue, Swanton, VT 05488.
Tucson Sector Headquarters, 1970 West Ajo Way, Tucson, AZ 85713.
Yuma Sector Headquarters, 350 First Street, Yuma, AZ 85364.
Border Patrol Academy:
DOJ/INS (FLETC) Artesia, 1300 West Richey Avenue, Artesia, NM 88210.
Officer Development and Training Facility, Building 64, FLETC, Glynco,
GA 31524.
District Offices in Foreign Countries:
Bangkok District Office, U.S. Immigration and Naturalization Service,
c/o American Embassy, Box 12, APO San Francisco, CA 96346.
Mexico District Office, U.S. Immigration and Naturalization Service,
c/o American Embassy, Room 118, PO Box 3087, Laredo, TX 78044.
Rome District Office, U.S. Immigration and Naturalization Service, c/o
American Embassy, APO New York, NY 09794.
Suboffices (Files Control Offices) in Foreign Countries:
Athens Office, U.S. Immigration and Naturalization Service, c/o
American Embassy, Athens, Greece, PSC 108 Box 25, APO AE 09842.
Frankfurt Office, U.S. Immigration and Naturalization Service,
American Consulate General, Frankfurt, Unit 25401, APO AE 09213.
Guadalajara Office, U.S. Immigration and Naturalization Service, Box
3088, Guadalajara Laredo, TX 70844-3088.
Hong Kong Office, U.S. Immigration and Naturalization Service, c/o
American Consulate General, Hong Kong, PSC 464, Box 30, FPO AP 96522-
0002.
London Office, U.S. Immigration and Naturalization Service, c/o
American Embassy, London, England, PSC 801, Box 06, FPO AE 09498-4006.
Mexico Office, U.S. Immigration and Naturalization Service, c/o
American Embassy, Mexico City, Mexico, PO Box 3087, Room 118, Laredo,
TX 78044.
Monterrey Office, U.S. Immigration and Naturalization Service, c/o
American Consulate, PO Box 3098, Laredo, TX 78044-3098.
Moscow Office, U.S. Immigration and Naturalization Service, c/o
American Embassy, Moscow, USSR, PSC 77, APO AE 09721.
Nairobi Office, U.S. Immigration and Naturalization Service, c/o
American Embassy, Nairobi, Kenya Unit 64100, Box 21, APO AE 09831-
4100.
New Delhi Office, U.S. Immigration and Naturalization Service, c/o
American Embassy, New Delhi, India, Department of State, Washington,
DC 20521-9000.
Rome Office, U.S. Immigration and Naturalization Service, c/o American
Embassy, Rome, Italy, PSC 59, APO AE 09624.
Seoul, Korea Office, U.S. Immigration and Naturalization Service, c/o
American Embassy, Seoul, Korea Unit 15550, APO AP 96205-0001.
Shannon Office, U.S. Immigration and Naturalization Service, c/o AER-
RIANTA, Attn: Port Director, Shannon Airport, Shannon, Co., Clare,
Ireland.
Singapore Office, U.S. Immigration and Naturalization Service, c/o
American Embassy, Singapore, FPO AP 96534.
Tijuana Office, U.S. Immigration and Naturalization Service, c/o
American Consulate General, Tijuana, PO Box 439039, San Diego, CA
92143-9039.
Vienna Office, U.S. Immigration and Naturalization Service, c/o
American Embassy, Vienna, Austria Unit 27937, Box 21, APO AE 09222.
DEPARTMENT OF JUSTICE
OTHER JUSTICE DEPARTMENT AGENCIES
BOARD OF IMMIGRATION APPEALS
JUSTICE/BIA-001
System name: Decisions of the Board of Immigration Appeals.
System location:
5203 Leesburg Pike, Falls Church, Virginia 22041.
Categories of individuals covered by the system:
(a) Aliens, including those previously admitted for lawful permanent
residence, in deportation proceedings; (b) Aliens and alleged aliens
in exclusion proceedings; (c) Aliens seeking waivers of
inadmissibility; (d) Aliens in bond determination proceedings; (e)
Aliens in whose behalf a preference classification is sought.
Categories of records in the system:
This system of records consists of the formal orders and decisions of
the Board of Immigration Appeals, including the indices and logs
pertaining thereto.
Authority for maintenance of the system:
This system is established and maintained under the authority granted
the Attorney General by sections 103 and 292 of the Immigration and
Nationality Act, 8 U.S.C. 1103 and 1362. Such authority has been
delegated to the Board of Immigration Appeals by 8 CFR part 3.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The Decisions of the Board of Immigration Appeals are disseminated to
the following categories of users for the purposes indicated:
(a) Parties appearing before the Board, (including the Immigration and
Naturalization Service), their attorneys or other representatives.
Purpose: Parties are entitled to the decision as a matter of due
process; and in accordance with the requirements of 8 CFR 3.1(g).
(b) Other lawyers, organizations recognized to appear before the
Immigration and Naturalization Service and their representatives.
Purpose: To permit these users to be informed of current case law and
general maintenance of open system of jurisprudence.
(c) Members of Congress. Purpose: Constituent inquires.
(d) General public. Purpose: Selected decisions, designated as
precedent decisions pursuant to 8 CFR are published in bound volumes
of Administrative Decisions Under Immigration and Nationality Laws of
the United States. These are published to provide the public with
guidance on the administrative interpretation of the immigration laws
and to facilitate open and uniform adjudication of cases.
Release of information to the news media:
Information permitted to be released to the news media and the public
pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the Department of Justice 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.
Release of information to Members of Congress.
Information contained in systems of records maintained by the
Department of Justice, not otherwise required to be released pursuant
to 5 U.S.C. 552, may be made available to a Member of Congress or
staff acting upon 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.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information in the system is kept in typed form and stored in loose
leaf binders.
Retrievability:
Each decision is indexed by name and a numerical identifier.
Safeguards:
Information contained in the records is unclassified and intended for
wide dissemination. No specific safeguards to prevent unauthorized
disclosure are employed since no type of disclosure is presently
regarded as ``unauthorized''. Access to buildings in which records are
stored is controlled by guards provided by GSA.
Retention and disposal:
Records are retained indefinitely and are not disposed of.
System manager(s) and address:
Executive Assistant, Board of Immigration Appeals, Department of
Justice, Washington, DC 20530.
Notification procedure:
Same as the above.
Record access procedures:
Decisions of the Board of Immigration Appeals are available to anyone
upon request pursuant to 5 U.S.C. 552a(b)(2).
Contesting record procedures:
Decisions of the Board of Immigration Appeals constitute official
opinions and are not subject to correction or amendment except in
accordance with accepted standards of due process. Decisions have been
exempted from the correction provisions of 5 U.S.C. 552a(d).
Record source categories:
Sources of information contained in this system are provided primarily
by the record of proceedings forwarded by the Immigration and
Naturalization Service. Additionally, the person concerned and his
representative provide information.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsection (d)(2),
(3) and (4) of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). 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.
JUSTICE/BIA-002
System name: Roster of Organizations and their Accredited
Representatives Recognized by the Board of Immigration Appeals.
System location: 5203 Leesburg Pike, Falls Church, Virginia 22041.
Categories of individuals covered by the system: (a) Persons associated
in an official capacity with a recognized organization; (b) Persons
who have applied for, have been granted or have been denied
accreditation as representatives of recognized organizations.
Categories of records in the system: This system consists of (a) a
roster of charitable, social service and similar organizations, and
of their accredited representatives; (b) applications and related
documents submitted by such organizations and their representatives
and (c) orders of the Board of Immigration Appeals granting or
denying recognition to such organizations and their representatives.
Recognized organizations and their accredited representatives are
authorized to practice before the Immigration and Naturalization
Service and Board of Immigration Appeals.
Authority for maintenance of the system: This system is established and
maintained under the authority granted the Attorney General by
sections 103 and 292 of the Immigration and Nationality Act, 8
U.S.C. 1103 and 1362. Such authority has been delegated to the Board
of Immigration Appeals by 8 CFR part 292.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: Copies of decisions granting
or denying applications for recognition and accreditation are sent
to (a) the organization seeking recognition and (b) the Immigration
and Naturalization Service.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Information contained in the system is stored in file folders.
Retrievability: Information is retrieved by use of the name of the
organization or person accredited.
Safeguards: Information contained in this record system is unclassified.
Access to building in which records are stored is controlled by
guards provided by GSA. No specific safeguards are employed.
Retention and disposal: Records in this system are retained
indefinitely.
System manager(s) and address: Executive Assistant, Board of Immigration
Appeals, Department of Justice, Washington, DC 20530.
Notification procedure: Address inquiries to: Chairman, Board of
Immigration Appeals, Department of Justice, Washington, DC 20530.
Record access procedures: A request for access to a record from this
system shall be made in writing, with the envelope and letter
clearly marked ``Privacy Access Request.'' Include in the request(s)
the name of the organization which has sought, or has been granted
or denied recognition and the name of the individual who has sought
accreditation as a representative of such organization, or, where no
organization is concerned, the name of the individual who has sought
accreditation or recognition. The requester will provide a return
address for transmitting the information. Access requests will be
directed to the System Manager listed above.
Contesting record procedures: The procedures for contesting or amending
information contained in this system of records is governed by 8 CFR
part 292. The procedures require that organizations seeking
accreditation of their representatives be notified of adverse
information and be given an opportunity to rebut such information.
Record source categories: Sources of information contained in this
system are supplied by the organization seeking recognition,
individuals seeking accreditation, and reports supplied by the
Immigration and Naturalization Service.
Systems exempted from certain provisions of the act: None.
COMMUNITY RELATIONS SERVICE
JUSTICE/CRS-001
System name: Operational Data Information System.
System location: Community Relations Service, U.S. Department of
Justice, 550 11th Street NW, Washington, DC 20530.
Categories of individuals covered by the system: Conciliators and
Mediators of the Community Relations Service of the U.S. Department
of Justice.
Categories of records in the system: The file contains the names of CRS
employees, their case assignments, and the time allocated to each
assignment. In addition, information reflecting the current status
and handling of the case is included within the system.
Authority for maintenance of the system: The file is established to
effect the purposes of 42 U.S.C. 2000g-1, 2000g-3 (1970).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: The file is used by CRS
personnel as a basis for preparing daily, weekly, and monthly
activity reports for internal management. It is also used by the
Administrative Office to prepare time efficiency analyses on CRS
personnel. In addition, the file will be consulted in order to
prepare budget requests and reports to the Associate Attorney
General, the Attorney General, and to Congress.
Release of Information to the News Media and the Public: Information
from the system of records may be made available to the news media and
the public, unless such release would violate 42 U.S.C. 2000g-2, or
would constitute an unwarranted invasion of personal privacy.
Release of Information to Members of Congress: Information contained
in the system, not otherwise required to be released pursuant to 5
U.S.C. 552, may be made available to a Member of Congress or staff
acting upon 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 unless such release would violate 42 U.S.C.
2000g-2.
Release of Information to the National Archives and Records
Administration: A record from the system of records may be disclosed
to the National Archives and Records Administration (NARA) for records
management inspections conducted under the authority of 44 U.S.C. 2904
and 2906, unless such disclosure would violate 42 U.S.C. 2000g-2.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Automated records are maintained on magnetic disk at the
Department of Justice Data Management Service.
Retrievability: Information is retrieved by a variety of key words
including, but not limited to, the name of the employee, geographic
location, and subject matter of the record.
Safeguards: Information maintained in the system is safeguarded and
protected in accordance with Department rules and procedures
governing the handling of computerized information. Only individuals
specifically authorized by the Director of CRS will have access to
the computer through a single terminal located in an office occupied
during the day and locked at night. Access to the information in the
system will be limited to those CRS employees whose official duties
require such information.
Retention and disposal: Records classified by the subject's name are
retained until 60 days after the record subject leaves the
employment of the Community Relations Service and are then deleted
from the system.
System manager(s) and address: Deputy Director, Community Relations
Service, U.S. Department of Justice, Todd Building, 550 11th Street
NW, Washington, DC 20530.
Notification procedure: Address inquiries to Office of Chief Counsel,
Community Relations Service, U.S. Department of Justice, 550 11th
Street NW, Washington, DC 20530.
Record access procedures: In all cases, requests for access to a record
shall be in writing, by mail or in person. If request for access is
made by mail, the envelope and letter shall be clearly marked
``Privacy Act Request.'' The requester shall include a description
of the record requested and, if known, the case file number(s). To
identify a record relating to an individual, the requester must
provide the individual's full name, date and place of birth,
employee identification number, and date of employment and duty
assignment station(s) while employed by the Community Relations
Service.
Contesting record procedures: Any individual desiring to contest or
amend information maintained in the system should direct his or her
request to the Deputy Director, Community Relations Service, U.S.
Department of Justice, Todd Building, 550 11th Street NW,
Washington, DC 20530. The request should state clearly what
information is being contested, the reason for contesting, and the
proposed amendment to the information.
Record source categories: The records are prepared by the conciliator/
mediator or, in exceptional cases, by his or her supervisor.
Systems exempted from certain provisions of the act: None.
CRIMINAL DIVISION
JUSTICE/CRM-001
System name: Central Criminal Division Index File and Associated
Records.
System location:
U.S. Department of Justice, Criminal Division, Bond Building, 1400 New
York Avenue NW, Washington, DC 20530, and, Federal Records Center,
Suitland, Maryland 20409.
Categories of individuals covered by the system:
Persons referred to in potential or actual cases and matters of
concern to the Criminal Division and correspondents on subjects
directed or referred to the Criminal Division.
Categories of records in the system:
The system consists of alphabetical indices bearing individual names,
and the associated records to which they relate, arranged either by
subject matter or individual identifying number containing the general
and particular records of all Criminal Division correspondence, cases,
matters, and memoranda, including but not limited to investigative
reports, correspondence to and from the Division, legal papers,
evidence, and exhibits. The system also includes items classified in
the interest of national security with such designations as
confidential, secret, and top secret received and maintained by the
Department of Justice. This system may also include records concerning
subject matters more particularly described in other systems of
records of the Criminal Division.
Authority for maintenance of the system:
This system is established and maintained pursuant to 44 U.S.C. 3101
to implement all functions assigned to the Criminal Division in 28 CFR
0.55 through 0.64-2.
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 investigation 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 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 related to a
case or matter may be disseminated in an appropriate federal, state,
local, or foreign court or grand jury proceeding in accordance with
established constitutional, substantive, or procedural law or
practice; (4) a record relating to a case or matter may be
disseminated to a federal, state, or local administrative or
regulatory proceeding or hearing in accordance with the procedures
governing such proceeding or hearing; (5) a record relating to a case
or matter may be disseminated to an actual or potential party or his
attorney for the purposes of negotiation or discussion on such matters
as settlement of the case or matter, plea bargaining, or informal
discovery proceedings; (6) 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, 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;
(7) a record relating to a person held in custody pending or during
arraignment, trial, sentence, or extradition proceedings, or after
conviction or after extradition proceedings, may be disseminated to a
federal, state, local, or foreign prison, probation, parole, or pardon
authority, or to any other agency or individual concerned with the
maintenance, transportation, or release of such a person; (8) 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; (9) 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; (10) a record may be disseminated
to a federal agency, in response to its request, in connection with
the hiring or retention of an employee, the issuance of a 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; (11) a
record may be disseminated to the public, news media, trade
associations, or organized groups, when the purpose of the
dissemination is educational or informational, such as descriptions of
crime trends or distinctive or unique modus operandi, provided that
the record does not contain any information identifiable to a specific
individual other than such modus operandi; (12) 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 apprehending and/or
returning a fugitive to a jurisdiction which seeks his return; (13) a
record that contains classified national security information and
material may be disseminated to persons who are engaged in historical
research projects, or who have previously occupied policy making
provisions to which they were appointed by the President, in
accordance with the provisions codified in 28 CFR 17.60; (14) a record
relating to an actual or protential civil or criminal violation of
title 17, United States Code, may be disseminated to a person injured
by such violation to assist him in the institution or maintainance of
a suit brought under such title.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration (NARA), and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to NARA and GSA in records management inspections conducted under
the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper documents are stored in file folders and in the Federal Records
Center; selected summary data is stored on manual index cards and on
microfilm and on IBM System/38.
Retrievability:
Summary data, e.g., names, file numbers, subjects, dates of
correspondence, dates of receipt, due dates of assignments, docket
numbers and/or synopses are retrieved from manual index cards
microfilm, and a numerical listing maintained on IBM System/38.
File folders are retrieved through manual or automated indexes which
are accessed through certain summary data, i.e., name or file and
docket numbers.
Safeguards:
The records are safeguarded and protected in accordance with
applicable Departmental rules. Security for the automated records
include strictly controlled access codes and passwords. In addition,
only authorized Criminal Division employees will have access to the
system.
Retention and disposal:
Currently there is an agreement with the Federal Records Center for
retention and disposal after ten years applicable to approximately 20
percent of the Division records. All other paper records are currently
retained indefinitely. A retention and disposal schedule for automated
records will be under review in connection with a revised schedule for
the paper records.
System manager(s) and address:
Assistant Attorney General, Criminal Division, U.S. Department of
Justice; 10th and Constitution Avenue, NW, Washington, DC 20530.
Notification procedure:
The major part of this system is exempted from this requirement under
5 U.S.C. 552a(j)(2), (k)(1), or (k)(2). Inquiry concerning this system
should be directed to the system manager listed above.
Record access procedures:
The major part of this system is exempted from this requirement under
5 U.S.C. 552a(j)(2), (k)(1), or (k)(2). To the extent that this system
of records is not subject to exemption, it is subject to access and
contest. A determination as to exemption shall be made at the time a
request for access is received. A request for access to a record
contained in this system shall be made in writing, with the envelope
and the letter clearly marked `Privacy Access Request.' Include in the
request the name of the individual involved, his birth date and place,
or any other identifying number or information which may be of
assistance in locating the record, the name of the case or matter
involved, if known, and the name of the judicial district involved, if
known. The requestor will also provide a return address for
transmitting the information. Access requests will be directed to the
system manager listed above.
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.
Record source categories:
Department officers and employees, and other federal, state, local,
and foreign law enforcement and non-law enforcement agencies, private
persons, witnesses, and informants.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c) (3)
and (4), (d), (e)(1), (2) and (e)(4), (G), (H) and (I), (e)(5) and
(8), (f) and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2).
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.
JUSTICE/CRM-002
System name: Criminal Division Witness Security File.
System location:
U.S. Department of Justice, Criminal Division, 10th Street and
Constitution Avenue, NW, Washington, DC 20530. In addition, some of
the records contained in this system may be located at one or more of
the Organized Crime and Racketeering Sections Field Offices listed in
the appendix to the Criminal Division Systems of Records.
Categories of individuals covered by the system:
Persons who are potential or actual witnesses and/or informants,
relatives, and associates of those individuals.
Categories of records in the system:
The system consists of the Witness Security Program files on all
persons who are considered for admission or who have been admitted
into the program. The files contain information concerning the
individuals, the source and degree of danger to which they are
exposed, the cases in which they are expected to testify, relocation
information and documentation, job assistance, sponsoring office,
requirements for reimbursement and administration of the program, and
protection techniques. Records concerning subject matters described in
this system may also be contained in JUSTICE/CRM-001.
Authority for maintenance of the system:
This system is authorized pursuant to sections 501 through 504 of Pub.
L. 91-452.
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. Dissemination of a record
may be made to a federal, state, local, or foreign agency to acquire
information concerning the individual, or those associated with him,
relating to the protection of the subject or to a criminal
investigation; 2. 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 of investigating or prosecuting such violation or
charged with enforcing or implementing such law; 3. 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 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; 4. a record
relating to a case or matter may be disseminated in an appropriate
federal, state, local, or foreign court or grand jury proceeding in
accordance with established constitutional, substantive, or procedural
law or practice; 5. a record relating to a case or matter may be
disseminated to a federal, state, or local administrative or
regulatory proceeding or hearing in accordance with the procedures
governing such proceeding or hearing; 6. a record relating to a case
or matter may be disseminated to an actual or potential party or his
attorney for the purpose of negotiation or discussion on such matters
as settlement of the case or matter, plea bargaining, or informal
discovery proceedings; 7. a record relating to an individual in a
matter that has been referred for either consideration or
investigation by an agency may be disseminated to the referring agency
to notify such agency of the status of the case or matter or of any
decision or determination that has been made; 8. a record relating to
an individual held in custody pending arraignment, trial, or sentence,
or extradition proceedings, or after conviction or after extradition
proceedings, may be disseminated to a federal, state, local, or
foreign prison, probation, parole, or pardon authority, or to any
other agency or individual concerned with the maintenance,
transportation, or release of such a person; 9. a record 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; 10. a record may be disseminated to a federal,
state, local, or foreign 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; 11. a record may be
disseminated to a federal agency, in response to its request, in
connection with the hiring or retention of an employee, the issuance
of a 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; 12. a record may be disseminated to a non-governmental entity
or individual in the acquisition of employment or other services in
behalf of the witnesses.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Release of information to the National Archives and Records
Administration (NARA), and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to NARA and GSA in records management inspections conducted under
the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
A record contained in this system is kept on index cards and in files
stored in safe type filing cabinets.
Retrievability:
A record is retrieved by name of the individual.
Safeguards:
The records are maintained in safes with additional physical
safeguards as well as limited access by Departmental personnel.
Retention and disposal:
Currently there are no provisions for the disposal of the records in
the system.
System manager(s) and address:
Assistant Attorney General; Criminal Division; U.S. Department of
Justice; 10th Street and Constitution Avenue, NW, Washington, DC
20530.
Notification procedure:
Inquiry concerning the system should be addressed to the System
Manager listed above.
Record access procedures:
The major part of this system is exempted from this requirement under
5 U.S.C. 552a(j)(2), (k)(1), or (k)(2). To the extent that this system
of records is not subject to exemption, it is subject to access and
contest. A determination as to exemption shall be made at the time a
request for access is received. A request for access to a record
contained in this system shall be made in writing, with the envelope
and the letter clearly marked `Privacy Access Request'. Include in the
request the name of the individual involved, his birth date and place,
or any other identifying number or information which may be of
assistance in locating the record, the name of the case or matter
involved, if known, and the name of the judicial district involved, if
known. The requestor will also provide a return address for
transmitting the information. Access requests will be directed to the
system manager listed above.
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.
Record source categories:
1. Federal, state, local, or foreign government agencies concerned
with the administration of criminal justice; 2. Members of the public;
3. Government agency employees; 4. Published material; 5. Persons
considered for admission or admitted to the program.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c)(3)
and (4), (d), (e)(1), (2) and (3), (e)(4)(G), (H) and (I), (e)(5) and
(8), (f), and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2).
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.
JUSTICE/CRM-003
System name: File of Names Checked to Determine If Those
Individuals Have Been the Subject of An Electronic Surveillance.
System location:
U.S. Department of Justice; Criminal Division; Bond Building, 1400 New
York Avenue NW, Washington, DC 20530.
Categories of individuals covered by the system:
Grand jury witnesses, defendants and potential defendants in criminal
cases and their attorneys.
Categories of records in the system:
The system contains the names of those persons submitted by federal
prosecutors to inquire whether such persons have been the subject of
electronic surveillances. The file consists of the names, the
inquiries made to federal investigatory agencies, the replies received
from such agencies, and the reply submitted to the prosecutor. Records
concerning subject matters described in this system may also be
contained in JUSTICE/CRM-001.
Authority for maintenance of the system:
This system is established and maintained pursuant to 44 U.S.C. 3101.
The system is also maintained to implement the provisions of 18 U.S.C.
3504.
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 the appropriate federal
court proceeding in accordance with established constitutional,
substantive, or procedural law or practice; 2. to an actual or
potential party or his attorney in the case or matter in which the
request was made.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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 to
the record.
Release of information to the National Archives and Records
Administration (NARA), and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to NARA and GSA in records management inspections conducted under
the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
A record contained in this system is stored manually in file jackets.
Retrievability:
A record is retrieved by the name of the individual checked.
Safeguards:
The records are safeguarded and protected in accordance with
applicable Departmental rules.
Retention and disposal:
Currently, there are no provisions for disposal of the records in this
system.
System manager(s) and address:
Assistant Attorney General, Criminal Division, U.S. Department of
Justice, 10th and Constitution Avenue NW, Washington, DC 20530.
Notification procedure:
A part of this system is exempted from this requirement under 5 U.S.C.
552a(j)(2). Inquiry concerning this system should be directed to the
System Manager listed above.
Record access procedures:
A part of this system is exempted from this requirement under 5 U.S.C.
552a(j)(2). To the extent that this system of records is not subject
to exemption, it is subject to access and contest. A determination as
to exemption shall be made at the time a request for access is
received. A request for access to a record from this system shall be
made in writing, with the envelope and the letter clearly marked
``Private Access Request.'' Include in the request the name of the
individual involved, his birth date and place, or any other
identifying number or information which may be of assistance in
locating the record, the name of the case or matter, if known, and the
name of the judicial district involved, if known. The requestor will
also provide a return address for transmitting the information. Access
requests will be directed to the System Manager listed above.
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.
Record source categories:
Sources of information contained in this system are an actual or
potential party or his attorney in the case or matter in question,
federal prosecutors, and the federal investigative agencies.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c)(4),
(d), (e)(4) (G), (H) and (I), (f) and (g) of the Privacy Act pursuant
to 5 U.S.C. 552a(j)(2). 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.
JUSTICE/CRM-004
System name: General Litigation and Legal Advice Section,
Criminal Division, Central Index File and Associated Records.
System location:
U.S. Department of Justice, Criminal Division, Bond Building, 1400 New
York Ave., NW, Washington, DC 20530.
Categories of individuals covered by the system:
Persons referred to in potential or actual cases and matters of
concern to the General Litigation and Legal Advice Section, Criminal
Division, and correspondents on subjects directed or referred to the
Criminal Division.
Categories of records in the system:
The system consists of an alphabetical index by individual name or
subject matter of all incoming correspondence, cases, and matters
assigned, referred, or of interest to the General Litigation and Legal
Advice Section, Criminal Division. A large percentage of these records
are duplicated in the Central Criminal Division records; some,
however, are not sent through central records come to the General
Litigation and Legal Advice Section directly.
Authority for maintenance of the system:
This system is established and maintained pursuant to 44 U.S.C. 3101,
and is intended to assist in implementing and enforcing the criminal
laws of the United States, particularly those codified in title 18,
United States Code. The system is also maintained to implement the
provisions codified in 28 CFR 0.55.
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 bearing 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 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 may be disseminated in an appropriate federal, state,
local, or foreign court or grand jury proceeding in accordance with
established constitutional, substantive, or procedural law or
practice; (4) a record relating to a case or matter may be
disseminated to a federal, state, or local administrative or
regulatory proceeding or hearing in accordance with the procedures
governing such proceeding or hearing; (5) a record relating to a case
or matter may be disseminated to an actual or potential party or his
attorney for the purpose of negotiation or discussion on such matters
as settlement of the case or matter, plea bargaining, or informal
discovery proceedings; (6) 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, 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;
(7) a record relating to a person held in custody pending or during
arraignment, trial, sentence, or extradition proceedings, or after
conviction or after extradition proceedings, may be disseminated to a
federal, state, local, or foreign prison, probation, parole, or pardon
authority, or to any other agency or individual concerned with the
maintenance, transportation, or release of such a person; (8) 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; (9) 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; (10) a record may be disseminated
to a federal agency, in response to its request, in connection with
the hiring or retention of an employee, the issuance of a 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; (11) a
record may be disseminated to the public, news media, trade
associations, or organized groups, when the purpose of the
dissemination is educational or informational, such as descriptions of
crime trends or distinctive or unique modus operandi, provided that
the record does not contain any information identifiable to a specific
individual other than such modus operandi; (12) 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 apprehending and/or
returning a fugitive to a jurisdiction which seeks his return.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Release of information to the National Archives and Records
Administration (NARA), and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to NARA and GSA in records management inspections conducted under
the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
A record contained in this system is stored manually on index cards.
Retrievability:
A record is retrieved from index cards by the name of the individual
or matter which will then indicate the Section Unit or attorney
assigned to work on the correspondence, case, or matter.
Safeguards:
Records are safeguarded and protected in accordance with applicable
Departmental rules.
Retention and disposal:
Currently there are no provisions for disposal of the records
contained in this system.
System manager(s) and address:
Assistant Attorney General, Criminal Division, U.S. Department of
Justice, 10th Street and Constitution Avenue, NW, Washington, DC
20530.
Notification procedure:
The major part of this system is exempted from this requirement under
5 U.S.C. 552a (j)(2), (k)(1), or (k)(2). Inquiries concerning this
system should be directed to the System Manager listed above.
Record access procedures:
The major part of this system is exempted from this requirement under
5 U.S.C. 552a (j)(2), (k)(1), or (k)(2). To the extent that this
system of records is not subject to exemption, it is subject to access
and contest. A determination as to the applicability of an exemption
as to a specific record shall be made at the time a request for access
is received. A request for access to a record contained in this system
shall be made in writing, with the envelope and the letter clearly
marked `Privacy Access Request'. Include in the request the name of
the individual involved, his birth date and place, or any other
identifying number or information which may be of assistance in
locating the record, the name of the case or matter involved, if
known, and the name of the judicial district involved, if known. The
requestor will also provide a return address for transmitting
information. Access requests will be directed to the System Manager
listed above.
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.
Record source categories:
Department offices and employees and other federal, state, local, and
foreign law enforcement and non-law enforcement agencies, private
persons, witnesses, and informants.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c) (3)
and (4), (d), (e) (1), (2) and (3), and (e)(4) (G), (H) and (I), (e)
(5) and (8), (f), and (g) of the Privacy Act pursuant to 5 U.S.C. 552a
(j)(2). 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.
JUSTICE/CRM-005
System name: Index to Names of Attorneys Employed by the
Criminal Division, U.S. Department of Justice, Indicating the
Subject of the Memoranda on Criminal Matters They Have Written.
System location:
U.S. Department of Justice, Criminal Division, 10th and Constitution
Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system:
Past and present attorneys employed by the Criminal Division, U.S.
Department of Justice.
Categories of records in the system:
This system of records consists of the names of past and present
Criminal Division attorneys and lists the memoranda they have written
on various matters, generally involving legal research, on matters of
interest to the Division. This system is a cross-reference index
maintained for convenience only and does not include the memoranda
themselves other than the fact of authorship.
Authority for maintenance of the system:
This system is established and maintained pursuant to the authority
granted by 44 U.S.C. 3101. The system is also maintained to implement
the provisions codified in 28 CFR 0.55 and 0.61.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
There are no uses of the records in this system outside of the
Department of Justice.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration (NARA), and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to NARA and GSA in records management inspections conducted under
the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
A record contained in this system is stored manually on index cards.
Retrievability:
A record is retrieved by name of the individual.
Safeguards:
Records are safeguarded and protected in accordance with applicable
Departmental rules.
Retention and disposal:
Currently there are no provisions for disposal of the records in this
system.
System manager(s) and address:
Assistant Attorney General, Criminal Division, U.S. Department of
Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
Notification procedure:
Same as the above.
Record access procedures:
A request for access to a record from this system shall be made in
writing, with the envelope and the letter clearly marked `Privacy
Access Request'. Include in the request the name of the past or
present attorney employed by the Criminal Division. The requestor
shall also provide a return address for transmitting the information.
Access requests will be directed to the System Manager listed above.
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.
Record source categories:
Past and present attorneys employed by the Criminal Division, U.S.
Department of Justice.
Systems exempted from certain provisions of the act: None.
JUSTICE/CRM-006
System name: Information File on Individuals and Commercial
Entities Known or Suspected of Being Involved in Fraudulent
Activities.
System location: U.S. Department of Justice, Criminal Division, 10th
Street and Constitution Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system: Individuals involved in
actual or suspected fraudulent activities and their victims.
Categories of records in the system: This system of records consists of
alphabetized indices of the names of those individuals or commercial
entities known or suspected of involvement in fraudulent activities
both foreign and domestic, and of computerized printouts of
information obtained from documents, records, and other files in the
possession of the Criminal Division that indicate the scope,
details, and methods of operation of known or suspected fraudulent
activities. The system also consists of the documents, records, and
other files to which the printouts relate. Records concerning
subject matters described in this system may also be contained in
CRM- 001.
Authority for maintenance of the system: This system is established and
maintained pursuant to 44 U.S.C. 3101, and is intended to assist in
implementing and enforcing the criminal laws of the United States,
codified in title 18, United States Code and elsewhere, particularly
the laws relating to offenses involving fraudulent activities. The
system is also maintained to implement the provisions codified in 28
CFR 0.55, particularly subsection (b).
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
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 may be disseminated in an appropriate
federal, state, local, or foreign court or grand jury proceeding in
accordance with established constitutional, substantive, or
procedural law or practice; (4) a record relating to a case or
matter may be disseminated to a federal, state, or local
administrative or regulatory proceeding or hearing in accordance
with the procedures governing such proceeding or hearing; (5) a
record relating to a case or matter may be disseminated to an actual
or potential party or his attorney for the purpose of negotiation or
discussion on such matters as settlement of the case or matter, plea
bargaining, or informal discovery proceedings; (6) 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, 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; (7) a record relating to a person
held in custody pending or during arraignment, trial, sentence, or
extradition proceedings, or after conviction or after extradition
proceedings, may be disseminated to a federal, state, local, or
foreign prison, probation, parole, or pardon authority, or to any
other agency or individual concerned with the maintenance,
transportation, or release of such a person; (8) 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; (9) 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; (10) a record may be
disseminated to a federal agency, in response to its request, in
connection with the hiring or retention of an employee, the issuance
of a 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; (11) a record may be disseminated to the public, news media,
trade associations, or organized groups, when the purpose of the
dissemination is educational or informational, such as descriptions
of crime trends or distinctive or unique modus operandi, provided
that the record does not contain any information identifiable to a
specific individual other than such modus operandi; (12) 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
apprehending and/or returning a fugitive to a jurisdiction which
seeks his return.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: Release of information to
the National Archives and Records Administration: A record from a
system of records may be disclosed as a routine use to the National
Archives and Records Administration (NARA) in records management
inspections conducted under the authority of 44 U.S.C. 2904 and
2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: A record contained in this system is stored on lists, index
cards, and on computer printout paper. The documents, records, and
other files to which the printouts relate are stored in file jackets
in file cabinets.
Retrievability: A record is retrieved by name of the individual, trade
style used, or by source of the information of the preceding.
Safeguards: The computer center is maintained by the Office of
Management and Finance which has designed security procedures
consistent with the sensitivity of the data. Materials related to
the system maintained at locations other than the location of the
computer center are protected and safeguarded in accordance with
applicable Departmental rules.
Retention and disposal: Currently there are no provisions for disposal
of records contained in this system.
System manager(s) and address: Assistant Attorney General, Criminal
Division, U.S. Department of Justice, 10th Street and Constitution
Avenue, NW, Washington, DC 20530.
Notification procedure: Inquiries concerning the system should be
directed to the System Manager listed above.
Record access procedures: The major part of this system is exempted from
this requirement under 5 U.S.C. 552a (j)(2), (k)(1), or (k)(2). To
the extent that this system of records is not subject to exemption,
it is subject to access and contest. A determination as to exemption
shall be made at the time a request for access is received. A
request for access to a record contained in this system shall be
made in writing, with the envelope and the letter clearly marked
`Privacy Access Request`. Include in the request the name of the
individual involved, his birth date and place, or any other
identifying number or information which may be of assistance in
locating the record, the name of the case or matter involved, if
known, and the name of the judicial district involved, if known. The
requestor will also provide a return address for transmitting the
information. Access requests will be directed to the system manager
listed above. Records in this system are exempt from the access
provisions of the Act in accordance with the applicable exemption
notice.
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. Records in this
system are exempt from the contesting provisions of the Act in
accordance with the applicable exemption notice.
Record source categories: Federal, state, local, or foreign agencies,
investigators, and prosecutors, private organizations, quasi-
governmental agencies, trade associations, private individuals,
publications, and the news media.
Systems exempted from certain provisions of the act: The Attorney
General has exempted this system from subsections (c)(3) and (4),
(d), (e)(1), (2), and (3), (e)(4)(G), (H) and (I), (e)(5) and (8),
(f) and (g) of the Privacy Act pursuant to 5 U.S.C. 552a (j)(2).
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.
JUSTICE/CRM-007
System name: Name Card File on Criminal Division Personnel
Authorized to Have Access to the Central Criminal Division
Records.
System locations:
U.S. Department of Justice, Criminal Division, 10th Street and
Constitution Avenue, NW, Washington, DC 20530, or Federal Records
Center, Suitland, Maryland 20409.
Categories of individuals covered by the system:
Current personnel of the Criminal Division, generally attorneys.
Categories of records int he system:
The file contains the names of those attorneys and others currently
employed by the Criminal Division who are authorized to have access to
the central records of the Division.
Authority for maintenance of the system:
This system is established and maintained pursuant to 44 U.S.C. 3101.
The system is also maintained to implement the provisions codified in
28 CFR 0.55 and 0.61.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
There are no uses of the records in this system outside of the
Department of Justice.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration (NARA), and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to NARA and GSA in records management inspections conducted under
the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
A record contained in this system is stored manually on index cards.
Retrievability: A record is retrieved by name from the index cards.
Safeguards:
The records are safeguarded and protected in accordance with
applicable Departmental rules.
Retention and disposal:
A name card is destroyed upon notification that the individual is no
longer employed by the Criminal Division.
System manager(s) and address:
Assistant Attorney General, Criminal Division, U.S. Department of
Justice, 10th Street and Constitution Avenue, NW, Washington, DC
20530.
Notification procedure: Same as the above.
Record access procedures:
A request for access to a record from this system shall be made in
writing, with the envelope and the letter clearly marked `Privacy
Access Request'. Include in the request the name of the individual
involved. The requestor will also provide a return address for
transmitting the information. Access requests will be directed to the
System Manager listed above.
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.
Record source categories:
Personnel of the Criminal Division.
Systems exempted from certain provisions of the act:
None.
JUSTICE/CRM-008
System name: Name Card File on Department of Justice Personnel
Authorized to Have Access to Classified Files of the Department of
Justice.
System location:
U.S. Department of Justice, Criminal Division, 10th and Constitution
Avenue NW, Washington, DC 20530.
Categories of individuals covered by the system:
Current personnel of the Department of Justice, generally attorneys.
Categories of records in the system:
This index file contains the names of those attorneys and others
currently employed in the Department of Justice who are authorized to
have access to records of the Department of Justice classified in the
interest of national security with such designations as confidential,
secret, and top secret.
Authority for maintenance of the system:
This system is established pursuant to Executive Order No. 11652. The
system is also maintained to implement the provisions codified in 28
CFR 17.1 through 17.82.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
There are no uses of the records in this system outside of the
Department of Justice.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration (NARA), and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to NARA and GSA in records management inspections conducted under
the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
A record contained in this system is stored manually on index cards.
Retrievability:
A record is retrieved by name from the index cards.
Safeguards:
The index is contained in the vault maintained for classified files of
the Department of Justice.
Retention and disposal:
The names in the index are maintained and deleted in accordance with
Departmental regulations.
System manager(s) and address:
Assistant Attorney General, Criminal Division, U.S. Department of
Justice, 10th Street and Constitution Avenue NW, Washington, DC 20530.
Notification procedure:
Same as the above.
Record access procedures:
A request for access to a record from this system shall be made in
writing, with the envelope and the letter clearly marked ``Privacy
Access Request''. Include in the request the name of the individual
involved. The requestor will also provide a return address for
transmitting the information. Access requests will be directed to the
System Manager listed above.
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.
Record source categories:
Personnel of the Department of Justice.
Systems exempted from certain provisions of the act:
None.
JUSTICE/CRM-012
System name: Organized Crime and Racketeering Section, General
Index File and Associated Records.
System location:
U.S. Department of Justice, Criminal Division, Organized Crime and
Racketeering Section, 10th Street and Constitution Avenue NW,
Washington, DC 20530.
Categories of individuals covered by the system:
Persons who have been prosecuted or are under investigation for
potential or actual criminal prosecution as well as persons allegedly
involved in organized criminal activity and those alleged to be
associated with the subject.
Categories of records in the system:
The system consists of alphabetical indices bearing individual names
and the associated records to which they relate, arranged either by
subject matter or individual identifying number, of all incoming
correspondence, cases, matters, investigations, and memoranda
assigned, referred, or of interest, to the Organized Crime and
Racketeering Section. The records in this system concern matters
primarily involving organized crime and include, but are not limited
to, case files; investigative reports; intelligence reports; subpoena
and grand jury files; records of warrants and electronic
surveillances; records of indictment, prosecution, conviction, parole,
probation, or immunity; legal papers; evidence; exhibits; items
classified confidential, secret, and top secret; and various other
files related to the Sections activities and it ongoing
investigations, prosecutions, cases, and matters. Records concerning
subject matters described in this system may also be contained in
JUSTICE/CRM-001.
Authority for maintenance of the system:
This system is established and maintained pursuant to 44 U.S.C. 3101
and the Presidential Directive on the Federal Drive Against Organized
Crime, issued May 5, 1966 (Weekly Compilation of Presidential
Documents, Vol. 2, W. No. 18 (1966)). In addition, this system is
maintained to assist in implementing and enforcing the criminal laws
of the United States, particularly those codified in title 18, United
States Code. This system is also maintained to implement the
provisions codified in 28 CFR 0.55 particularly subsection (g).
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 maybe
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 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 may be disseminated in an appropriate federal, state,
local, or foreign court or grand jury proceeding in accordance with
established constitutional, substantive, or procedural law or
practice; (4) a record relating to a case or matter may be
disseminated to a federal, state, or local administrative or
regulatory proceeding or hearing in accordance with the procedures
governing such proceeding or hearing; (5) a record relating to a case
or matter may be disseminated to an actual or potential party or his
attorney for the purpose of negotiation or discussion on such matters
as settlement of the case or matter, plea bargaining, or informal
discovery proceedings; (6) 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, 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;
(7) a record relating to a person held in custody pending or during
arraignment, trial, sentence, or extradition proceedings, or after
conviction or after extradition proceedings, may be disseminated to a
federal, state, local, or foreign prison, probation, parole, or pardon
authority, or to any other agency or individual concerned with the
maintenance, transportation, or release of such a person; (8) 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; (9) 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; (10) a record may be disseminated
to a federal agency, in response to its request, in connection with
the hiring or retention of an employee, the issuance of a 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; (11) a
record may be disseminated to the public, news media, trade
association, or organized groups, when the purpose of the
dissemination is educational or informational, such as descriptions of
crime trends or distinctive or unique modus operandi, provided that
the record does not contain an information identifiable to a specific
individual other than such modus operandi; (12) a record maybe
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 apprehending and/or
returning a fugitive to a jurisdiction which seeks his return; (13) a
record that contains classified national security information and
material may be disseminated to persons who are engaged in historical
research projects, or who have previously occupied policy making
provisions to which they were appointed by the President, in
accordance with the provisions codified in 28 CFR 17.60.
Information may be released 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.
Information may be made available to a Member of Congress or staff
acting upon 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; and a record may be released to the
National Archives and Records Administration and to the General
Services Administration in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
The records in this system are stored on various documents, tapes,
disc packs, and punch cards, some of which are contained in files, on
index cards, or in related type materials.
Retrievability:
The system is accessed by name but may be grouped for the conveninence
of the user by subject matter, e.g., parole file, photograph file,
etc.
Safeguards:
Materials related to the system are maintained in appropriately
restricted areas and are safeguarded and protected in accordance with
applicable Department rules.
Retention and disposal:
Currently there are no provisions for the disposal of the records in
the system.
System manager(s) and address:
Assistant Attorney General, Criminal Division, U.S. Department of
Justice, 10th Street and Constitution Avenue NW, Washington, DC 20530.
Notification procedure:
Inquiry concerning the system should be addressed to the System
Manager listed above.
Record access procedures:
The major part of this system is exempted from this requirement under
5 U.S.C. 552a(j)(2), (k)(1), or (k)(2). To the extent that this system
of records is not subject to exemption, it is subject to access and
contest. A determination as to exemption shall be made at the time a
request for access is received. A request for access to a record
contained in this system shall be made in writing, with the envelope
and the letter clearly marked ``Privacy Access Request''. Include in
the request the name of the individual involved, his birth date and
place, or any other identifying number or information which may be of
assistance in locating the record, the name and of the case or matter
involved, if known, and the name of the judicial district involved, if
known. The requestor will also provide a return address for
transmitting the information. Access requests will be directed to the
system manager listed above. Records in this system are exempt from
the access provisions of the Act in accordance with the applicable
exemption notice.
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. Records in this system are exempt from the
contesting provisions of the Act in accordance with the applicable
exemption notice.
Record source categories:
1. Federal, state, local, or foreign government agencies concerned
with the administration of criminal justice and non-law enforcement
agencies both public and private; 2. Members of the public; 3.
Government employees; 4. Published material; 5. Witnesses and
informants.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c)(3)
and (4), (d), (e)(1), (2) and (3), (e)(4)(G), (H), and (I), (e)(5),
and (8), (f), and (g) of the Privacy Act pursuant to 5 U.S.C. 552a
(j)(2). 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.
JUSTICE/CRM-014
System name: Organized Crime and Racketeering Section,
Intelligence and Special Services Unit, Information Request
System.
System location: U.S. Department of Justice, Criminal Division, 10th
Street and Constitution Avenue, NW, Washington, DC 20530. In
addition, some of the records contained in this system are located
at one or more of the Organized Crime and Racketeering Section Field
Offices listed in the appendix to the Criminal Division's systems of
records.
Categories of individuals covered by the system: Individuals making
inquiries of the Intelligence and Special Services Unit data
sources, Unit personnel processing those inquiries, Intelligence
Analysts assigned to the Strike Forces, and those individuals about
whom such inquiries are made.
Categories of records in the system: The information request record
system provides an audit trail of the Organized Crime and
Racketeering Section information system. Included in this system of
records is such information as the request from an agency and the
date of the request, the employee processing the request, the
subject of the request, and a brief summary of the results of the
check.
Authority for maintenance of the system: This system is established and
maintained pursuant to 44 U.S.C. 3101. The system is also maintained
to implement the provisions codified in 28 CFR 0.55 particularly
subsection (g).
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 to a federal agency at its request if such agency has a need
for the record to perform its duties.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration: A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) in records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: A record contained in this system is stored on computer tapes,
paper, magnetic tape, and disc pack.
Retrievability: A record in this system is accessed by one or more of
the components of the information contained in the system including
accessing by the name of the individual.
Safeguards: The computer center is maintained by the Office of
Management and Finance which has designed security procedures
consistent with the sensitivity of the data. Materials related to
the system maintained at locations other than the location of the
computer are similarly protected by being maintained in a restricted
area at the Department of Justice.
Retention and disposal: Information in the system is constantly modified
as new information is received. Historical data is maintained as an
audit trail until sufficient experience with the system is received
to develop appropriate procedures for the elimination and
destruction of the data. Such procedures are consistent with
applicable governmental procedures.
System manager(s) and address: Assistant Attorney General, Criminal
Division, U.S. Department of Justice, 10th Street and Constitution
Avenue, NW, Washington, DC 20530.
Notification procedure: Inquiry concerning this system should be
directed to the System Manager listed above.
Record access procedures: The major part of this system is exempted from
this requirement under 5 U.S.C. 552a(j)(2), (k)(1), or (k)(2). To
the extent that this system of records is not subject to exemption,
it is subject to access and contest. A determination as to exemption
shall be made at the time a request for access is received. A
request for access to a record contained in this system shall be
made in writing, with the envelope and the letter clearly marked
`Privacy Access Request`. Include in the request the name of the
individual involved, his birth date and place, or any other
identifying number or information which may be of assistance in
locating the record, the name of the case or matter involved, if
known, and the name of the judicial district involved, if known. The
requestor will also provide a return address for transmitting the
information. Access requests will be directed to the system manager
listed above. Records in this system are exempt from the access
provisions of the Act in accordance with the applicable exemption
notice.
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.
Record source categories: Individuals who make inquiry of the Organized
Crime and Racketeering Information System.
Systems exempted from certain provisions of the act: The Attorney
General has exempted this system from subsections (c)(3) and (4),
(d), (e)(4)(G), (H) and (I), (f) and (g) of the Privacy Act pursuant
to 5 U.S.C. 552a (j)(2). 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.
JUSTICE/CRM-016
System name: Records on Persons Who Have Outstanding and
Uncollected Federal Criminal Fines or Federal Bond Forfeitures.
System location:
U.S. Department of Justice, Criminal Division, Bond Building, 1400 New
York Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system:
Persons who have outstanding and uncollected federal criminal fines or
federal bond forfeitures whose address is presently unknown or was at
one time, unknown.
Categories of records in the system:
This system contains the names of persons, and correspondence relating
to such persons, who have federal criminal fines or federal bond
forfeitures outstanding and whose whereabouts are presently unknown or
were, at one time, unknown. The system is maintained to gather
information on the whereabouts of such persons and to assist in
federal collection efforts.
Authority for maintenance of the system:
This system is established and maintained pursuant to 44 U.S.C. 3101.
This system is also maintained to implement the provisions codified in
28 CFR 0.171(a).
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 disseminatated as
a routine use of such record as follows: (A) In the case of an
individual whose whereabouts are unknown, to any individual
organization, or government agency for the purpose of gathering
information to locate such person; or (B) in the case of any
individual whose name is contained in the system whether or not his
whereabouts are known 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 of 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 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 may be
disseminated in an appropriate federal, state, local, or foreign court
or grand jury proceeding in accordance with established
constitutional, substantive, or procedural law or practices; (4) a
record relating to a case or matter may be disseminated to a federal,
state, or local administrative or regulatory proceeding or hearing in
accordance with the procedures governing such proceeding or hearing;
(5) a record relating to a case or matter may be disseminated to an
actual or potential party or his attorney for the purpose of
negotiation or discussion on such matters as settlement of the case or
matter, plea bargaining, or informal discovery proceedings; (6) a
record may be disseminated to a federal agency, in response to its
request, in connection with the hiring or retention of an employee,
the issuance of a 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.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration (NARA), and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to NARA and GSA in records management inspections conducted under
the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
A record contained in this system is stored manually in file jackets.
Retrievability:
A record is retrieved by the name of the individual.
Safeguards:
Records are safeguarded and protected in accordance with applicable
Department rules.
Retention and disposal:
Currently there are no provisions for disposal of the records in this
system.
System manager(s) and address:
Assistant Attorney General, Criminal Division, U.S. Department of
Justice, 10th Street and Constitution Avenue, NW, Washington, DC
20530.
Notification procedure:
Same as the above.
Record access procedures:
A request for access to a record from this sytem shall be made in
writing, with the envelope and the letter clearly marked `Privacy
Access Request.' Include in the request the name and address of the
individual involved, his address, his birth date and place, or other
identifying number of information which may be of assistance in
locating the record, the name of the case involved, if known, and the
name of the judicial district, if known. The requestor will also
provide a return address for transmitting the information. Access
requests will be directed to the System Manager listed above.
Contesting record procedures:
Individual 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.
Record source categories:
Sources of information contained in this system are federal, state,
local, or foreign agencies, and private individuals and organizations.
Systems exempted from certain provisions of the act:
None.
JUSTICE/CRM-017
System name: Registration and Propaganda Files Under the Foreign
Agents Registration Act of 1938, as amended.
System location:
U.S. Department of Justice, Criminal Division, Bond Building, 1400 New
York Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system:
Persons required to file under the Foreign Agents Registration Act of
1938, as amended, (FARA), 22 U.S.C. 611 et seq.
Categories of records in the system:
(1) An automated alphabetical indices which includes summary data such
as registrant names, file numbers, dates of registration, and a
synopsis of activities performed for a given foreign principal; and
(2) file folders which contain copies of all registration statements
and statements concerning the distribution of political propaganda
furnished under FARA. Other records related to subject matters
described in this system will be maintained in the Central Criminal
Division Index File and Associated Records (JUSTICE/CRM-001) System.
Such other records may include related correspondence, inspection and/
or investigative reports, and/or statements of any agent of a foreign
principal whose activities have ceased to be of a character which
requires registration under FARA.
Authority for maintenance of the system:
This system is established and maintained pursuant to 22 U.S.C. 611 et
seq. The system is also maintained to implement the provisions of 28
CFR 5.1 through 5.801.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
As prescribed by 22 U.S.C. 616 (a), (b), and (c), records may be
disclosed as follows:
These records are public records and are open to public examination
and inspection and copies of the same shall be furnished to every
applicant at fees prescribed by 28 CFR 5.601. The registration
statement and other statements of any agent of a foreign principal
whose activities have ceased to be of a character which requires
registration under the provisions of FARA may be withdrawn from public
examination. Any records withdrawn will be incorporated into the
Central Criminal Division Index File and Associated Records (JUSTICE/
CRM-001) System.
One copy of every registration statement filed under FARA and one copy
of every amendment or supplement thereto, and one copy of every item
of poilitical propaganda filed under FARA shall be forwarded to the
Secretary of State for such comment and use as the Secretary of State
may determine to be appropriate from the point of view of the foreign
relations of the United States.
Information obtained under FARA, including the names of registrants,
copies of registration statements, or parts thereof, copies of
political propaganda, or other documents or information filed under
FARA, may be furnished to departments and agencies in the executive
branch and committees of the Congress.
In addition, records may be disclosed to (1) a Member of Congress or a
staff person acting upon the Member's behalf (a) as a public record or
(b) when the Member or staff person requests the information on behalf
of and at the request of the individual who is the subject of the
record, and, (2) 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.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper records contained in this system are stored manually on index
cards and in file jackets; selected summary data, e.g., name and
address of registrant, name of foreign principal, description of
activities, amount of money received, and promotional material
disseminated, are stored on magnetic disks.
Retrievability:
Paper records and summary data are retrieved by name of registrant.
Safeguards:
These records have been designated as public records by 22 U.S.C. 616.
However, to protect the integrity of the records, the file jackets are
obtained for applicants by Registration Unit personnel who are present
in the public office during duty hours, and the room is locked during
non-duty hours.
Retention and disposal:
Destroyed ten years after close of case (National Archives and Records
Administration Job No. NC1-60-78-1 pending).
System manager(s) and address:
Assistant Attorney General, Criminal Division, U.S. Department of
Justice, 10th Street and Constitution Avenue, NW, Washington, DC
20530.
Notification procedure:
Same as the above.
Record access procedures:
A request for access to a record from this system shall be made
pursuant to the provisions of 28 CFR 5.600 and 5.601.
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
Record source categories:
The source of information contained in this system is the registrant.
Systems exempted from certain provisions of the act:
None.
JUSTICE/CRM-018
System name: Registration Files of Individuals Who Have
Knowledge of, or Have Received Instruction or Assignment in,
Espionage, Counterespionage, or Sabotage Service or Tactics of a
Foreign Government or of a Foreign Political Party.
System location:
U.S. Department of Justice, Criminal Division, Bond Building, 1400 New
York Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system:
Persons who have knowledge of, or who have received instruction or
assignment in, espionage, counterespionage, or sabotage service or
tactics of a foreign government or of a foreign political party.
Categories of records in the system:
The system contains the statement of the registrant and other
documents required to be filed under 50 U.S.C. 851. The system is a
public record except that certain statements may be withdrawn from
public examination pursuant to 50 U.S.C. 853 and 28 CFR 12.40 by the
Attorney General having due regard for national security and the
public interest. Records concerning subject matters described in this
system may also be contained in JUSTICE/CRM-001.
Authority for maintenance of the system:
This system is established and maintained pursuant to 50 U.S.C. 851 et
seq. The system is also maintained to implement the provisions
codified in 28 CFR 12.1 through 12.70.
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: (A) In the case of a record not
withdrawn by the Attorney General from public examination, to any
individual, organization, or government agency; or (B) in the case of
a record withdrawn by the Attorney General from public examination as
follows: (1) In any case in which there is an indication of a
violation or potential violation of law, whether civil, or criminal or
regulatory in nature, the registration record in question may be
disseminated to the appropriate federal, state, local, or foreign
agency charged with the responsibility of 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 registration 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 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 registration may
be disseminated in an appropriate federal, state, local, or foreign
court or grand jury proceeding in accordance with established
constitutional substantive, or procedural law or practice; (4) a
record relating to a registration may be disseminated to a federal,
state, or local administrative or regulatory proceeding or hearing in
accordance with the procedures governing such proceeding or hearing;
(5) a record relating to a registration may be disseminated to an
actual or potential party or his attorney for the purpose of
negotiation or discussion on such matters as settlement of the case or
matter, plea bargaining, or informal discovery proceedings; (6) a
record relating to a registration that has been referred by an agency
for investigation may be disseminated to the referring agency to
notify such agency of the status of the registration 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
matter; (7) a registration record relating to a person held in custody
pending or during arraignment, trial, sentence, or extradition
proceedings, or after conviction or after extradition proceedings may
be disseminated to a federal, state, local, or foreign prison,
probation, parole, or pardon authority, or to any other agency or
individual concerned with the maintenance, transportation, or release
of such person; (8) a record relating to a registration 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; (9) a registration record may be disseminated to
a federal, state, local or foreign 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; (10) a
registration record may be disseminated to a federal agency, in
response to its request, in connection with the hiring or retention of
an employee, the issuance of a 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 decisions on the matter; (11) a registration record that
contains classified national security information and material may be
disseminated to persons who are engaged in historical research
projects, or who have previously occupied policy making provisions to
which they were appointed by the President, in accordance with the
provisions codified in 28 CFR 17.60.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration (NARA), and the General Services Administration (GSA):
A record from a system of records may be disclosed as a routine use to
NARA and GSA in records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
A record contained in this system is stored manually on index cards
and in file jackets.
Retrievability:
A record is retrieved by name of the individual registrant.
Safeguards:
Records are safeguarded and protected in accordance with applicable
Departmental files.
Retention and disposal:
Currently there are no provisions for disposal of the records in this
system.
System manager(s) and address:
Assistant Attorney General, Criminal Division, U.S. Department of
Justice, 10th Street and Constitution Avenue, NW, Washington, DC
20530.
Notification procedure:
Same as the above.
Record access procedures:
A request for access to a record from this system shall be made
pursuant to the provisions of 28 CFR 12.40 and 12.41.
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.
Record source categories:
The source of information contained in this system is the registrant.
Systems exempted from certain provisions of the act:
None.
JUSTICE/CRM-019
System name: Requests to the Attorney General For Approval of
Applications to Federal Judges For Electronic Interceptions.
System location:
U.S. Department of Justice, Criminal Division, 10th and Constitution
Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system:
Individuals who have been the subject of requests by federal
investigative agencies for electronic surveillance.
Categories of records in the system:
The system contains requests received from federal investigative
agencies and federal prosecutors, and associated documents, seeking
the authorization of the Attorney General required by 18 U.S.C. 2516
for an application to a federal court for an order authorizing the
interception of a wire or oral communication in cases involving
federal criminal violations. Records concerning subject matters
described in this system may also be contained in JUSTICE/CRM--001.
Authority for maintenance of the system:
This system is established and maintained pursuant to 44 U.S.C. 3101.
The system is also maintained to implement the provisions of 18 U.S.C.
2516 and 18 U.S.C. 2519.
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 an appropriate federal,
state, or local court or grand jury proceeding in accordance with
established constitutional, substantive, or procedural law or
practice; 2. to the requesting agency to notify such agency of the
status of the case or matter or of any decision or determination that
has been made; 3. to furnish such information for reports to the
Administrative Office of the United States Courts as is necessary to
comply with the reporting provisions of 18 U.S.C. 2519; 4. to a party
pursuant to 18 U.S.C. 2518 (8)(d), (9), and (10) and 18 U.S.C. 3504.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration (NARA), and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to NARA and GSA in records management inspections conducted under
the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
A record contained in this system is stored manually in file jackets.
Retrievability:
A record is retrieved by the name of the individual who appears first
on the application or affidavit that is first received.
Safeguards:
The records are safeguarded and protected in accordance with
applicable Departmental rules.
Retention and disposal:
Currently there are no provisions for disposal of the records in this
system.
System manager(s) and address:
Assistant Attorney General, Criminal Division, U.S. Department of
Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
Notification procedure:
Inquiry concerning this system should be directed to the System
Manager listed above.
Record access procedures:
The major part of this system is exempted from this requirement under
5 U.S.C. 552a (j)(2), (k)(1), or (k)(2). To the extent that this
system of records is not subject to exemption, it is subject to access
and contest. A determination as to exemption shall be made at the time
a request for access is received. A request for access to a record
contained in this system shall be made in writing, with the envelope
and the letter clearly marked ``Privacy Access Request''. Include in
the request the name of the individual involved, his birth date and
place, or any other identifying number or information which may be of
assistance in locating the record, the name of the case or matter
involved, if known, and the name of the judicial district involved, if
known. The requestor will also provide a return address for
transmitting the information. Access requests will be directed to the
system manager listed above. Records in this system are exempt from
the access provisions of the Act in accordance with the applicable
exemption notice.
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. Records in this system are exempt from the
contesting provisions of the Act in accordance with the applicable
exemption notice.
Record source categories:
Sources of information contained in this system are federal
investigative agencies, federal prosecutors, and personnel of the
Criminal Division, Department of Justice.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c) (3)
and (4), (d), (e) (2) and (3), (e)(4) (G), (H) and (I), (e)(8), (f),
and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2). 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.
JUSTICE/CRM-021
System name: The Stocks and Bonds Intelligence Control Card File
System.
System location:
U.S. Department of Justice, Criminal Division, Bond Building, 1400 New
York Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system:
Individuals, and their known associates, who are actual, potential, or
alleged violators, of statutes dealing with stocks, bonds, and other
securities.
Categories of records in the system:
This system is an alphabetical listing of all individuals, and their
associates, who are actual, potential, or alleged violators of the
statutes dealing with counterfeiting, forging, and theft of stocks,
bonds, and other securities including those who traffic, or are
suspected of trafficking, in such stocks, bonds, or other securities.
Records concerning subject matters described in this system may also
be contained in JUSTICE/CRM-001.
Authority for maintenance of the system:
This system is established and maintained pursuant to 44 U.S.C. 3101,
and is intended to assist in implementing and enforcing the criminal
laws of the United States codified in title 18, United States Code and
elsewhere, particularly the laws relating to offenses involving stocks
and bonds. The system is also maintained to implement the provisions
codified in 28 CFR 0.55.
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 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 may be disseminated in an appropriate federal, state,
local, or foreign court or grand jury proceeding in accordance with
established constitutional, substantive, or procedural law or
practice; (4) a record relating to a case or matter may be
disseminated to a federal, state, or local administrative or
regulatory proceeding or hearing in accordance with the procedures
governing such proceeding or hearing; (5) a record relating to a case
or matter may be disseminated to an actual or potential party or his
attorney for the purpose of negotiation or discussion on such matters
as settlement of the case or matter, plea bargaining, or informal
discovery proceedings; (6) 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, 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;
(7) a record relating to a person held in custody pending or during
arraignment, trial, sentence, or extradition proceedings, or after
conviction or after extradition proceedings, may be disseminated to a
federal, state, local, or foreign prison, probation, parole, or pardon
authority, or to any other agency or individual concerned with the
maintenance, transportation, or release of such a person; (8) 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; (9) 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; (10) a record may be disseminated
to a federal agency, in response to its request, in connection with
the hiring or retention of an employee, the issuance of a 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; (11) a
record may be disseminated to the public, news media, trade
associations, or organized groups, when the purpose of the
dissemination is educational or informational, such as descriptions of
crime trends or distinctive or unique modus operandi, provided that
the record does not contain any information identifiable to a specific
individual other than such modus operandi.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration (NARA), and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to NARA and GSA in records management inspections conducted under
the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
A record contained in this system is stored manually on index cards.
Retrievability:
A record is retrieved by the name of the individual.
Safeguards:
Records are safeguarded and protected in accordance with applicable
Departmental rules.
Retention and disposal:
Currently there are no provisions for disposal of the records in this
system.
System manager(s) and address:
Assistant Attorney General, Criminal Division, U.S. Department of
Justice, 10th Street and Constitution Avenue, NW, Washington, DC
20530.
Notification procedure:
Inquiry concerning the system should be directed to the System Manager
listed above.
Record access procedures:
The major part of this system is exempted from this requirement under
5 U.S.C. 552a (j)(2), (k)(1), or (k)(2). To the extend that this
system of records is not subject to exemption, it is subject to access
and contest. A determination as to exemption shall be made at the time
a request for access is received. A request for access to a record
contained in this system shall be made in writing, with the envelope
and the letter clearly marked ``Privacy Access Request.'' Include in
the request the name of the individual involved, his birth date and
place, or any other identifying number or information which may be of
assistance in locating the record, the name of the case or matter
involved, if known, and the name of the judicial district involved, if
known. The requester will also provide a return address for
transmitting the information. Access requests will be directed to the
system manager listed above. Records in this system are exempt from
the access provisions of the Act in accordance with the applicable
exemption notice.
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. Records in this system are exempt from the
contesting provisions of the Act in accordance with the applicable
exemption notice.
Record source categories:
Sources of information contained in this system are federal, state,
local, and foreign government agencies and prosecutors, private
organizations and individuals, and personnel of the Department of
Justice.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c)(3)
and (4), (d), (e)(1), (2) and (3), (e)(4)(G), (H) and (I), (e)(5) and
(8), (f), and (g) of the Privacy Act pursuant to 5 U.S.C. 552a (j)(2).
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.
JUSTICE/CRM-022
System name: Witness Immunity Records.
System location:
U.S. Department of Justice, Criminal Division, 10th Street and
Constitution Avenue NW, Washington, DC 20530.
Categories of individuals covered by the system:
Potential or actual witnesses for whom immunity (pursuant to 18 U.S.C.
6001-6005) is proposed.
Categories of records in the system:
The system contains background information on the individual and the
case of matter in which he is expected to testify in a processing
before or ancillary to a court or grand jury of the United States or
an agency of the United States. The information maintained in the
system is entered from DOJ Form-LAA-111, ``Request for Immunity
Authorization'', which is completed by the United States Attorneys, or
from other formal requests for immunity from Federal agencies. The
system also contains a record of action taken by the Criminal Division
on the request.
Authority for maintenance of the system:
This system is established and maintain pursuant to 44 U.S.C. 3101.
The system is also maintained to implement the provisions of 18 U.S.C.
6001-6005 and 18 U.S.C. 2514.
Purpose(s):
The system is essential to the Division's efforts in granting immunity
requests as stated in 18 U.S.C. 6001-6005. Requests for immunity may
be made by a United States Attorney or a Federal agency.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(1) A record may be disseminated to a federal, state, local, or
foreign law enforcement agency to alert such agency to the proposed
immunity or, to the extent necessary for identification purposes, to
elicit information concerning the potential or actual witness which
may be necessary to an evaluation of the proposed immunity; (2) a
record relating to a proposed immunity that has been referred to the
Department of Justice for approval, may be disseminated to the
referring agency to notify such agency of the status of the referral
or of any decision or determination that has been made.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper documents are stored in file folders in locked cabinets;
selected summary data are stored on magnetic disks and on manual index
cards which are also kept in locked cabinets.
Retrievability:
Summary data, e.g., names, request numbers, dates of receipt and
completion are retrieved from manual index cards for requests received
prior to June 1986; for June 1986 and subsequent years, summary data
are retrieved from magnetic disks. File folders are accessed through
the manual or automated indexes.
Safeguards:
The records are safeguarded and protected in accordance with
applicable Departmental rules. Security for the automated records
include strictly controlled access codes and passwords. Only
authorized Criminal Division employees will have access to the system.
Retention and disposal:
Dispose 10 years after close of request.
System manager(s) and address:
Assistant Attorney General, Criminal Division, U.S. Department of
Justice, 10th Street and Constitution Avenue NW, Washington, DC 20530.
Notification procedure:
The major part of this system is exempted from this requirement
pursuant to 5 U.S.C. 552a (j)(2) or (k)(2). Inquiry concerning this
system should be directed to the System Manager listed above.
Record access procedures:
The major part of this system is exempted from this requirement
pursuant to 5 U.S.C. 552a (j)(2) or (k)(2). To the extent that this
system of records is not subject to exemption, it is subject to access
and contest. A determination as to exemption shall be made at the time
a request for access is received. A request for access to a record
from this system shall be made in writing, with the envelope and the
letter clearly marked ``Privacy Access Request''. Include in the
request the name of the individual involved, his birth date and place,
or other identifying number of information which may be of assistance
in locating the record, the name of the case or matter involved, if
known, and the name of the judicial district involved, if known. The
requester will also provide a return address for transmitting the
information. Access requests will be directed to the System Manager
listed above.
Contesting record procedures:
Individuals desiring the 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.
Record source categories:
1. Federal government prosecutors; 2. Federal agencies; 3. Department
of Justice attorneys and personnel.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c) (3)
and (4), (d), (e) (2), (3) and (e)(4) (G), (H) and (I), (e)(8), (f)
and (g) of the Privacy Act pursuant to 5 U.S.C. 552a (j)(2) and
(k)(2). 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.
JUSTICE/CRM-023
System name: Weekly Statistical Report.
System location: U.S. Department of Justice, Criminal Division, 10th &
Constitution Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system: Past or present
attorneys and paralegals of the Criminal Division.
Categories of records in the system: The system consists of weekly
statistical reports submitted by each attorney and paralegal of the
Criminal Division detailing the time expended on case or matter
oriented activities and on noncase and nonmatter oriented
activities. The system also includes periodic computer printout
summaries.
Authority for maintenance of the system: This system is established and
maintained pursuant to 44 U.S.C. 3101.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: Statistical compilations
arranged by Section and by Division are submitted to the Congress
and the Office of Management and Budget in connection with annual
appropriations. There are no other uses of the records in this
system outside of the Department of Justice.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration: A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) in records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Original Weekly Statistical Reports are retained and the
information contained thereon is also stored at the Department's
computer center. Summaries are also retained on computer printout
paper. Records not at the computer center are stored in file
cabinets in the Criminal Division.
Retrievability: The record is retrieved by date, section, unit, and
name of attorney or paralegal.
Safeguards: The computer center is maintained by the Office of
Management and Finance which has designated security procedures
consistent with the sensitivity of the data. Materials related to
the system maintained at locations other than the location of the
computer center are protected and safeguarded in accordance with
applicable Departmental rules.
Retention and disposal: Information as to individuals is destroyed at
the computer center annually. Original weekly reports are destroyed
approximately every two years. Statistical data and compilations are
maintained indefinitely.
System manager(s) and address: Assistant Attorney General, Criminal
Division, U.S. Department of Justice, 10th & Constitution Avenues,
NW, Washington, DC 20530.
Notification procedure: Same as above.
Record access procedures: A request for access to a record from this
system shall be made in writing with the envelope and the letter
clearly marked `Privacy Access Request.` Include in the request the
name of the past or present attorney or paralegal employed by the
Criminal Division. The requestor shall also provide a return address
for transmitting the information. Access requests will be directed
to the System Manager listed above.
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.
Record source categories: Attorneys and paralegals of the Criminal
Division.
Systems exempted from certain provisions of the act: None.
JUSTICE/CRM-024
System name: Freedom of Information/Privacy Act Records.
System location:
U.S. Department of Justice, Criminal Division, Bond Building, 1400 New
York Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system:
Persons who request disclosure of records pursuant to the Freedom of
Information Act, persons who request access to or correction of
records pertaining to themselves contained in Criminal Division
systems of records pursuant to the Privacy Act; and, where applicable,
persons about whom records have been requested or about whom
information is contained in requested records.
Categories of records in the system:
The system contains copies of all correspondence and internal
memorandums related to Freedom of Information and Privacy Act
requests, and related records necessary to the processing of such
requests received on or after January 1, 1975.
Authority for maintenance of the system:
This system is established and maintained pursuant to 44 U.S.C. 3101
and is maintained to implement the provisions of 5 U.S.C. 552 and 552a
and the provisions of 28 CFR 16.1 et seq. and 28 CFR 16.40 et seq.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
A record maintained in this system may be disseminated as a routine
use of such record as follows: (1) A record may be disseminated to a
Federal agency which furnished the record for the purpose of
permitting a decision as to access or correction to be made by that
agency or for the purpose of consulting with that agency as to the
propriety of access or correction; (2) a record may be disseminated to
any appropriate Federal, State, local, or foreign agency for the
purpose of verifying the accuracy of information submitted by an
individual who has requested amendment or correction of records
contained in systems of records maintained by the Criminal Division.
Release of information to the news media: Information permitted to be
released pursuant to the news media and the public pursuant to 28 CFR
50.2 may be made available from system of records maintained by the
Department of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released to 5 U.S.C. 552, may be made
available to a Member or Congress or staff acting upon the Member's
behalf when the Member of staff requests the information on behalf of
and at the request of the individual who is the subject of the record.
Release of information to the National Archives and Record
Administration (NARA), and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to NARA and GSA in records management inspections conducted under
the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
A record contained in this system is stored manually in alphabetical
order in file cabinets.
Retrievability:
A record is retrieved by the name of the individual or person making a
request for access or correction of records.
Safeguards:
Access to physical records is limited to personnel of the Freedom of
Information/Privacy Act Unit of the Criminal Division and known
Department of Justice personnel who have a need for the record in the
performance of their duties. The records are safeguarded and protected
in accordance with applicable Department rules.
Retention and disposal:
Currently there are no provisions for disposal of records contained in
this system.
System manager(s) and address:
Assistant Attorney General, Criminal Division, U.S. Department of
Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
Notification procedure:
A part of this system is exempted from this requirement under 5 U.S.C.
552a(j)(2), (k) (1), or (k) (2). Inquiry concerning this system should
be directed to the system manager listed above.
Record access procedures:
A part of this system is exempted from this requirement under 5 U.S.C.
552a(j)(2), (k) (1), or (k) (2), to the extent that this system of
records is not subject to exemption, it is subject to access and
contest. A determination as to exemption shall be made at the time a
request for access is received. A request for access to a record
contained in this system shall be made at the time a request for
access is received. A request for access to a record contained in this
system shall be made in writing, with the envelope and the letter
clearly marked `Privacy Access Requests.' Include in the request the
name of the individual involved, his birth date and place, or any
other identifying number or information which may be of assistance in
locating the record, the name of the case or matter involved, if
known, and the name of the judicial district involved, if known. The
requester shall also provide a return address for transmitting the
information. Access requests shall be directed to the system manager
listed above.
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
reason for contesting it, and the proposed amendment to the
information sought.
Record source categories:
Sources of information contained in this system are the individuals
and persons making requests, the systems of records searched in the
process of responding to requests, and other agencies referring
requests for access to or correction of records originating in the
Criminal Division.
Systems exempted from certain provisions of the act:
Records secured from other systems of records have been exempted from
the provisions of the Privacy Act to the same extent as the system of
records from which they were obtained. 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.
JUSTICE/CRM-025
System name: Tax Disclosure Index File and Associated Records.
System location:
U.S. Department of Justice, Criminal Division, Bond Building, 1400 New
York Avenue NW, Washington, DC 20530.
Categories of individuals covered by the system:
Taxpayers about whom the Criminal Division has requested and/or
obtained disclosure of tax material from the Internal Revenue Service
pursuant to 26 U.S.C. 6103.
Categories of records in the system:
The system contains all requests for tax material, any such material
provided by the Internal Revenue Service or duplicated or extracted by
the Criminal Division from such material, and related records
necessary to the application for and/or safeguarding of such material
received on or after January 1, 1977.
Authority for maintenance of the system:
This system is established and maintained pursuant to 26 U.S.C.
6103(p)(4).
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 (A) to any officer or employee of the
Criminal Division who is personally and directly engaged in
preparation for any proceeding (or investigation which may result in
such proceeding) pertaining to the enforcement of a specifically
designated Federal criminal statute not involving tax administration
or to the enforcement of a Federal criminal statute in any matter
involving tax administration; and (B) to any person outside of the
Criminal Division where such dissemination is or reasonably appears to
be in furtherance of proper preparation for any proceeding (or
investigation which may result in such proceeding) pertaining to the
enforcement of a specifically designated Federal criminal statute not
involving tax administration or to the enforcement of a Federal
criminal statute in any manner involving tax administration. Such
dissemination shall be permitted to the extent authorized under 26
U.S.C. 6103(h), 26 U.S.C. 6103(i), 26 CFR 404.6103(h)(2)-1, 26 CFR
404.6103(i)-(l), and Rule 6(e), FR Crim. P. The above mentioned
routine uses include the following:
(1) Dissemination to an attorney of the Criminal Division assigned
responsibility with respect to an above-mentioned proceeding or an
investigation which may result in such proceeding;
(2) Dissemination to an officer or employee of the Department of
Justice with supervisory or clerical responsibility with respect to an
above-mentioned proceeding, or an investigation which may result in
such proceeding;
(3) Dissemination to an officer or employee of another Federal agency
(as defined at 5 U.S.C. 551(l)) with investigative, supervisory, or
clerical responsibility working under the direction and control of
such attorneys of the Department of Justice as are assigned
responsibility with respect to an above-mentioned proceeding, or an
investigation which may result in such proceeding;
(4) Dissemination to a taxpayer to whom such record relates, or to
such taxpayer's legal representative, to properly interview, consult,
depose, or interrogate or otherwise obtain information relevant to an
above-mentioned proceeding, or an investigation which may result in
such proceeding, from such taxpayer or his legal representative;
(5) Dissemination during the course of an investigation which may
result in an above-mentioned proceeding to any witness who may be
called on to give evidence in such a proceeding to properly interview,
consult, depose, or interrogate or otherwise obtain relevant
information from such potential witness;
(6) Dissemination to any person having special knowledge or technical
skills (such as handwriting analysis, photographic development, sound
recording enhancement, or voice identification) to properly obtain the
services of such person in an above-mentioned proceeding, or an
investigation which may result in such proceeding;
(7) Dissemination to an officer or employee of the Department of
Justice, another Federal agency (as defined at 5 U.S.C. 551(l)), or a
foreign government to properly utilize international contacts and
judicial assistance in an above-mentioned proceeding, or an
investigation which may result in such proceeding;
(8) Dissemination to an officer or employee of the Internal Revenue
Service to obtain additional disclosure pursuant to 26 U.S.C. 6103 in
an above-mentioned proceeding, or an investigation which may result in
such proceeding;
(9) Dissemination to a Federal grand jury;
(10) Dissemination to an officer or employee of the Department of
Justice to obtain a court order to compel testimony pursuant to 18
U.S.C. 6002 and 6003 in any above-mentioned proceeding, or an
investigation which may result in such proceeding;
(11) Dissemination to any party to an above-mentioned proceeding, to
properly conduct negotiations concerning, or obtain authorization for,
disposition of the proceeding, in whole or in part, or to obtain
stipulations of fact in connection with the proceeding;
(12) Dissemination to a judicial or administrative body (such as the
United States Parole Commission) in an above-mentioned proceeding or
in preparation therefore, or in any post-conviction proceeding
resulting from an above-mentioned proceeding;
(13) Dissemination to a court reporter in an above-mentioned
proceeding, or as required, in preparation therefor.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
A record contained in this system is stored manually on index cards
and in file jackets.
Retrievability:
A record is retrieved by name of the taxpayer in indices maintained in
individual sections of the Criminal Division.
Safeguards:
Records are safeguarded in accordance with Department of Justice rules
and procedures. Buildings in which records are located are under
security guard, and access to premises is by official identification.
Records are stored in spaces which are locked outside of normal office
hours and in safe type filing cabinets which are locked when not being
accessed. Access to such cabinets is limited to Division personnel
whose duties and responsibilities require such access and to whom
access may be permitted. A record of access is kept which indicates
the name of each person who gains access to material from the secured
area and the date and time of each access.
Retention and disposal:
Records not retained are returned to the Internal Revenue Service or
rendered undisclosable in accordance with 26 U.S.C. 6103(p)(4)(f)(ii).
Currently there are no provisions for disposal of records contained in
this system that are not returned to the Internal Revenue Service or
are otherwise rendered undisclosable.
System manager(s) and address:
Assistant Attorney General, Criminal Division, U.S. Department of
Justice, 10th Street and Constitution Avenue, NW, Washington, DC
20530.
Notification procedure:
The major part of this system is exempted from this requirement under
5 U.S.C. 552a(j)(2). Inquiry concerning the system should be addressed
to the system manager listed above.
Record access procedures:
The major part of this system is exempted from this requirement under
5 U.S.C. 552a(j)(2). To the extent that this system of records is not
subject to exemption, it is subject to access and contest. A
determination as to exemption shall be made at the time a request for
access is received. A request for access to a record contained in this
system shall be made in writing, with the envelope and the letter
clearly marked `Privacy Access Request.' Include in the request the
name of the individual involved, his birth date and place or any other
identifying number or information which may be of assistance in
locating the record, the name of the case or matter involved, if
known, and the name of the judicial district involved, if known. The
requestor will also provide a return address for transmitting the
information. Access requests will be directed to the system manager
listed above. Records in this system are exempt from the access
provisions of the Act in accordance with the applicable exemption
notice.
Contesting record procedures:
Taxpayers 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. Records in this system are exempt from the
contesting provisions of the Act in accordance with the applicable
exemption notice.
Record source categories:
Sources of information contained in this system are the Internal
Revenue Service, Federal investigative agencies, Federal prosecutors,
and personnel of the Criminal Division, Department of Justice.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c) (3)
and (4), (d), (e) (1), (2) and (3), (e)(4)(G), and (H) and (I), (e)
(5) and (8), (f), and (g) of the Privacy Act pursuant to 5 U.S.C.
552a(j)(2). 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.
JUSTICE/CRM-026
System name: Index of Prisoners Transferred Under Prisoner
Transfer Treaties.
System location:
U.S. Department of Justice, Criminal Division, Bond Building, 1400 New
York Avenue, NW, 10th and Constitution Ave., NW, Washington, DC 20530.
Categories of individuals covered by the system:
Prisoners transferred to or from prisons in the United States under
prisoner transfer treaties with other countries.
Categories of records in the system:
The system consists of alphabetical indicies bearing individual names
of prisoners involved in transfers and the tape recordings and
occasional verbatim transcripts of consent verification hearings held
pursuant to 18 U.S.C. 4107 and 4108, as well as copies of consent
verification forms.
Authority for maintenance of the system:
The system is maintained to implement the provisions of 18 U.S.C.
4107(e) and 4108(e). The records maintained in the system are used in
conjunction with litigation relating to transfer of prisoners under
prisoner transfer treaties.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The file is used by personnel of the Office of International Affairs
of the Criminal Division to confirm the status of verification consent
proceedings and to provide a readily retrievable record in the event
of litigation on the issue of consent to the transfer. In addition, a
record may be disseminated to the court, to court personnel, and to
parties and their counsel in any litigation brought on the issue of
proper consent to a prisoner transfer; to a state, local or foreign
government, at its request, when the record relates to one of its past
or present prisoners who have been the subject of a consent
verification hearing; and, to any foreign government that is a party
to an applicable treaty in a scheduled report that is required by the
treaty.
Release of information to the news media and the public: Information
permitted to be released to the news media and the public pursuant to
28 CFR 50.2 may be made available from systems of records maintained
by the Department of Justice 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.
Release of information to Members of Congress: Information contained
in the system not otherwise required to be released pursuant to 5
U.S.C. 552, may be made available to a Member of Congress or staff
acting upon 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.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA): A record of the system of records may be disclosed to NARA and
GSA National Archives and Records Administration (NARA) for records
management inspections conducted under the authority of 44 U.S.C. 2904
and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Verification consent forms and tape records are stored in file drawer
safes.
Retrievability:
A record is retrieved from index cards by the name of the individual
and from the file jackets by location and date of the verification
consent hearings which appear on the index cards.
Safeguards:
The records are stored in file drawer safes. Access to them is limited
to personnel of the Office of International Affairs, Criminal
Division, United States Department of Justice. The office in which the
records are contained is securely locked at night and on weekends.
Retention and disposal:
Currently it is planned to maintain records for 10 years in file safes
referred to above and then transfer them to the Federal Records Center
for retention.
System manager(s) and address:
Assistant Attorney General, Criminal Division, U.S. Department of
Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
Notification procedure:
Inquiry concerning this system should be in writing and made to the
system manager listed above.
Record access procedures:
A request for access to a record contained in this system shall be
made in writing to the system manager, with the envelope and letter
clearly marked ``Privacy Act Request''. The request shall include the
name of the individual involved, his birth date and place, or any
other identifying number or information which may be of assistance in
locating the record, and the name of the case or matter involved, if
known. The requester shall also provide a return address for
transmitting the information.
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.
Record source categories:
Court records and prisoner statements.
Systems exempted from certain provisions of the act:
None.
JUSTICE/CRM-027
System name: Office of Special Investigations (OSI) Displaced
Persons Listings.
System location:
U.S. Department of Justice, Criminal Division, Bond Building, 1400 New
York Avenue, NW, Washington, DC 20530, and Federal Records Center,
Suitland, Maryland 20409.
Categories of individuals covered by the system:
Individuals who applied for entry visas into the United States under
the Displaced Persons Acts in force from 1948 to 1952 and for whom the
United States Army Counterintelligence Corps assembled visa
investigation files.
Categories of records in the system:
The system consists of alphabetical indexes bearing the names of
persons who applied for entry visas under the Displaced Persons Acts,
their visa applications, investigative reports and any other
supporting documents.
Authority for maintenance of the system:
This system is established and maintained pursuant to 44 U.S.C. 3101
and is intended to assist in implementing and enforcing the criminal
laws of the United States, particularly those Criminal Statutes
codified in ``Criminal Laws,'' United States Code. The system is also
maintained to implement the provisions codified in 28 CFR 0.55 and
0.61.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These records are used by OSI personnel as source material to locate
potential witnesses who might be able to provide information of
investigative interest. However, a record maintained in this sytem of
records may be disseminated as a routine use of such record as
follows: (1) Records, or some part thereof, relating to a particular
visa applicant, may become a part of an investigative record
maintained in a published system of records entitled ``Central
Criminal Division Index File and Associated Records, JUSTICE/CRM-001''
and be subject to the routine uses of that system; (2) 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; (3) a
record may be disseminated to a Federal, State, local, foreign, or
international enforcement agency to assist in the general crime
prevention and detection efforts of the recipient agency or to provide
investigative leads to such agency; and (4) 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 apprehending and/or
returning a fugitive to a jurisdiction which seeks his return.
Release of information to the news media:
Information permitted to be released to the news media and the public
pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the Department of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Index records in this system will be stored by name and control number
on an IBM System/38. The actual records are papers in files stored in
file boxes on shelves in locked record storage rooms.
Retrievability:
Records stored in this system can be retrieved by the name of the
individual, and by the control number of the record.
Safeguards:
Appropriate steps have been taken to preserve security and minimize
the risk of unauthorized access to the system. Staff members who use
the computer to input data or who have access to the stored data have
been given specific identification codes or passwords by the system
security officer which will restrict access to specific data. The
files will be kept in a locked room with restricted access.
Retention and disposal:
Currently there are no provisions for the disposal of records in the
system.
System manager(s) and address:
Assistant Attorney General, Criminal Division, U.S. Department of
Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
Notification procedure:
Inquire in writing to the system manager listed above.
Record access procedures:
Portions of this system are exempt from disclosure and contest by 5
U.S.C. 552a(k)(2). Make all requests for access to those portions not
so exempted by writing to the system manager identified above. Clearly
mark the envelope and letter ``Privacy Access Requests;'' provide the
full name and notarized signature of the individual who is the subject
of the record, his/her date and place of birth, or any other
identifying number or information which may assist in locating the
record; and, a return address.
Contesting record procedures:
Direct all requests to contest or amend information maintained in the
system to the system manager listed above. State clearly and concisely
what information is being contested, the reasons for contesting it,
and the proposed amendment to the information.
Record source categories:
The information in this system was originally compiled during the
course of investigations undertaken by the United States Army Counter
Intelligence Corps pursuant to the Displaced Persons Acts in effect
from 1948 to 1952. For the most part, the information in this system
was obtained directly from the visa applicant himself, but the records
would also contain information from other individuals or entities
which would have shed light on the information supplied by the visa
applicant.
Systems exempted from certain provisions of the act:
The Attorney General has exempted certain categories of records in
this system from subsection (d) of the Privacy Act pursuant to 5
U.S.C. 552a(k)(2). 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.
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
JUSTICE/EOIR-001
System name:
Records and Management Information System (JUSTICE/EOIR-001).
System location:
Executive Office for Immigration Review, Department of Justice, 5107
Leesburg Pike, Suite 2400, Falls Church, Virginia 22041. The system is
also located in EOIR field offices (see appendix identified as
JUSTICE/EOIR-999).
Categories of individuals covered by the system:
This system contains case-related information pertaining to aliens and
alleged aliens brought into the immigration hearing process, including
certain aliens previously or subsequently admitted for lawful
permanent residence.
Categories of records in the system:
This system includes the name, file number, address and nationality of
aliens and alleged aliens, decision memoranda, investigatory reports
and materials compiled for the purpose of enforcing immigration laws,
exhibits, transcripts, and other case-related papers concerning
aliens, alleged aliens or lawful permanent residents brought into the
administrative adjudication process.
Authority for maintenance of the system:
This system is established and maintained under the authority granted
the Attorney General pursuant to 44 U.S.C. 3101 and 3103 and to
fulfill the legislative mandate under 8 U.S.C. 1103, 1226 and 1252.
Such authority has been delegated to EOIR by 8 CFR part 3.
Purpose(s):
Information in this system serves as the official record of
immigration proceedings. EOIR employees use the information to
prepare, process and track the proceedings. The information is further
used to generate statistical reports and various documents, i.e.,
hearing calendars and administrative orders.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Information may be disseminated to the Department of State; Federal
courts; Members of Congress; the alien or alleged alien's
representative or attorney of record; and, to Federal, State and local
agencies. Information is disseminated to the Department of State,
pursuant to 8 CFR 208.11, to allow its preparation of advisory
opinions regarding applications for political asylum; to the Federal
courts to enable their review of EOIR administrative decisions on
appeal; to Members of Congress to respond to constituent inquiries;
and, to the representative or attorney of record to ensure fair
representation. Finally, in any claim in which there is an indication
of a violation or potential violation of law, whether civil, criminal
or regulatory in nature, information, including investigatory
information, may be disseminated to the appropriate Federal, State or
local agency charged with the responsibility of investigating or
prosecuting such violation or with enforcing or implementing such law.
Release of information to the news media and the public: Information
permitted to be released to the news media and the public pursuant to
28 CFR 50.2 may be made available from systems of records maintained
by the Department of Justice unless it is determined that release of
the specific information in the context of a particular matter would
constitute an unwarranted invasion of personal privacy.
Release of information to Members of Congress: Information contained
in the system, not otherwise required to be released pursuant to 5
U.S.C. 552, may be made available to a Member of Congress or staff
acting upon 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.
Release of information to the National Archives and Records
Administration: A record from the system of records may be disclosed
to the National Archives and Records Administration (NARA) for records
management inspections conducted under the authority of 44 U.S.C. 2904
and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are maintained in file folders which are stored in file
cabinets. A subset of the records is maintained on fixed disks or
removable disk packs which are stored in file cabinets. All records
are stored in secured EOIR office space.
Retrievability:
Manual records are indexed by alien file number. Automated records are
retrievable by a variety of identifying data elements including, but
not limited to, alien file number, alien name and nationality.
Safeguards:
Information maintained in the system is safeguarded in accordance with
Department of Justice rules and procedures. Record files are
maintained in file cabinets accessible only to EOIR employees.
Automated information is stored on either fixed disks or removable
disk packs which are stored in cabinets. Only EOIR employees in
possession of specific access codes and passwords will be able to
access automated information. All manual and automated records and
mediums are located in EOIR office space accessible only to EOIR
employees and locked during off-duty hours.
Retention and disposal:
Record files are retained for six months after the final disposition
of the case, then forwarded to regional Federal Records Centers.
Automated records are maintained in EOIR field office data, bases for
ninety days after final disposition, then transferred to the host
computer at EOIR headquarters and retained indefinitely.
System manager(s) and address:
General Counsel, Executive Office for Immigration Review, U.S.
Department of Justice, 5107 Leesburg Pike, Suite 2400, Falls Church,
Virginia 22041.
Notification procedure:
Address all inquiries to the system manager listed above.
Record access procedures:
Portions of this system are exempt from disclosure and contest by 5
U.S.C. 552a (k)(1) and (k)(2). Make all request for access to those
portions not so exempted by writing to the system manager identified
above. Clearly mark the envelope and letter ``Privacy Access
Requests'': provide the full name and notarized signature to the
individual who is the subject of the record, his/her date and place of
birth, or any other identifying number or information which may assist
in locating the record; and, a return address.
Contesting record procedure:
Direct all requests to contest or amend information maintained to the
system manager listed above. State clearly and concisely what
information is being contested, the reason for contesting it, and the
proposed amendment to the information.
Record source categories:
Department of Justice offices and employees, primarily those of the
Immigration and Naturalization Service; the Department of State and
other Federal, State and local agencies; and the parties to
immigration proceedings and their witnesses.
Systems exempted from certain provisions of the act:
The Attorney General has exempted certain records of this system from
the access provisions of the Privacy Act (5 U.S.C. 552a(d)) pursuant
to 5 U.S.C. 552a (k)(1) and (k)(2). Rules have promulgated in
accordance with the requirements of 5 U.S.C. 553 (b), (c) and (e) and
have been published in the Federal Register.
JUSTICE/EOIR-999
System name:
Appendix to Executive Office for Immigration Review System of Records.
EOIR field offices are located as follows:
Executive Office for Immigration Review, Immigration
Court, 901 N. Stuart Street, Room 1300,
Arlington, VA 22203.
Executive Office for Immigration Review, Immigration
Court, 77 Forsyth Street, SW, Atlanta, GA 30303.
Executive Office for Immigration Review, Immigration
Court, U.S. Appraisers Bldg., 103 South Gay
Street, Room 702, Baltimore, MD 21202.
Executive Office for Immigration Review, Immigration
Court, JFK Federal Building, 15 New Sudbury
Street, Room 320, Boston, MA 02203.
Executive Office for Immigration Review, Immigration
Court, 130 Delaware Avenue, Suite 410, Buffalo,
NY 14202.
Executive Office for Immigration Review, Immigration
Court, Federal Building, Room 646, 536 South
Clark Street, Chicago, IL 60605-1521.
Executive Office for Immigration Review, Immigration
Court, Main Tower, Suite 700, 1200 Main Street,
Dallas, TX 75202.
Executive Office for Immigration Review, Immigration
Court, Byron G. Rogers Federal Building, 1961
Stout Street, Room 1403, Denver, CO 80294.
Executive Office for Immigration Review, Immigration
Court, 1115 N. Imperial Avenue, 1st Floor, El
Centro, CA 92243.
Executive Office for Immigration Review, Immigration
Court, 625 Evans Street, Room 148A, Elizabeth, NJ
07201.
Executive Office for Immigration Review, Immigration
Court, 1545 Hawkins Blvd., Suite 205, El Paso, TX
79925.
El Paso Service Processing Center, 8915 Montana, El
Paso, TX 79925.
Federal Detention Center, 1705 East Hanna Road,
Suite 366, Eloy, AZ 85231.
Executive Office for Immigration Review, Immigration
Court, 3260 North Pinal Parkway Avenue, Florence,
AZ 85232.
Executive Office for Immigration Review, Immigration
Court, GSA Center, 651 Federal Drive, Suite 111-
14, Guaynabo, PR 00965.
Executive Office for Immigration Review, Immigration
Court, 201 East Jackson St., Harlingen, TX 78550.
Executive Office for Immigration Review, Immigration
Court, 2320 La Branch Street, Room 2235, Houston,
TX 77004.
Houston Service Processing Center, 15850 Export
Plaza Drive, Houston, TX 77032.
Laredo Contract Facility, Route 4, PO Box 125A,
Laredo, TX 78041.
Laredo Service Processing Center, PO Box 440110,
Laredo, TX 78044-0110.
Executive Office for Immigration Review, Immigration
Court, 300 N. Los Angeles Street, Room 2001, Los
Angeles, CA 90012.
Port Isabel Service Processing Center, Route 3, Box
341, Building 37, Los Fresnos, TX 78566.
Executive Office for Immigration Review, Immigration
Court, 155 S. Miami Avenue, Room 800, Miami, FL
33130.
Krome North Service Processing Center, 18201 SW.
12th Street, Miami, FL 33194.
Ulster Correctional Facility, Berme Road, PO Box
800, Napanoch, NY 12458.
Executive Office for Immigration Review, Immigration
Court, 18 Rector St., Suite 500-R, Newark, NJ
07102.
Executive Office for Immigration Review, Immigration
Court, 26 Federal Plaza, Room 13-130, New York,
NY 10278.
Executive Office for Immigration Review, Immigration
Court, 201 Varick Street, Room 350, New York, NY
10014.
Federal Deportation Center, Immigration Court, 1900
East Whately Rd., Oakdale, LA 71463.
Executive Office for Immigration Review, Immigration
Court, Federal Building, 230 North First Avenue,
Room 3114, Phoenix, AZ 85025.
Executive Office for Immigration Review, Immigration
Court, U.S. Post Office/Courthouse Building, 615
E. Houston Street, Room 598, San Antonio, TX
78205-2040.
Executive Office for Immigration Review, Immigration
Court, 401 West A Street, Suite 800, San Diego,
CA 92101-7904.
Executive Office for Immigration Review, Immigration
Court, 550 Kearny Street, Suite 800, San
Francisco, CA 94108.
INS San Pedro Service Processing Center, 2001
Seaside Avenue, Room 136, San Pedro, CA 90731.
Executive Office for Immigration Review, Immigration
Court, Key Tower Building, Suite 3150, 1000
Second Avenue, Seattle, WA 98104.
INTERPOL-UNITED STATES NATIONAL CENTRAL BUREAU
JUSTICE/INTERPOL-001
System name: The INTERPOL-United States National Central Bureau
(INTERPOL-USNCB) (Department of Justice) INTERPOL-USNCB Records
System.
System location:
INTERPOL-U.S. National Central Bureau, Department of Justice, Room
800, Shoreham Bldg., Washington, DC 20530.
Categories of individuals covered by the system:
Individuals who have been convicted or are subjects of a criminal
investigation with international aspects; specific deceased persons in
connection with death notices; individuals who may be associated with
certain weapons, motor vehicles, artifacts, etc., stolen and/or
involved in a crime; victims of criminal violations in the United
States or abroad; and INTERPOL-USNCB personnel involved in litigation.
Categories of records in the system:
The program records of the INTERPOL-USNCB consists of criminal and
non-criminal case files. The files contain fingerprint records,
photographs, criminal investigative reports, radio messages
(international), teletype messages (internal U.S.), log sheets,
computer printouts, letters, memoranda, and statements of witnesses
and parties to litigation.
These records relate to fugitives, wanted persons, lookouts (temporary
and permanent), specific missing persons, deceased persons in
connection with death notices. Information about individuals includes
names, alias, date of birth, address, physical description, various
identification numbers, reason for the record or lookout, and details
and circumstances surrounding the actual or suspected violation.
Authority for maintenance of the system:
22 U.S.C. 263a.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In the event a record(s) in this system of records indicates a
violation or potential violation of law, whether civil, criminal or
regulatory in nature, and whether arising by general statute, or
particular program statute, or by regulation, rule or order issued
pursuant thereto, the relevant records may be referred, as a routine
use to the appropriate law enforcement and criminal justice agencies
whether federal, state, local or foreign, charged with the
responsibility of investigating or prosecuting such violation or
charged with enforcing or implementing the statute, or rule,
regulations or order issued pursuant thereto. A record may be
disclosed to federal, state or local agencies maintaining civil,
criminal or other relevant enforcement information or other pertinent
information, such as current licenses, if necessary to obtain
information relevant to an agency decision concerning the hiring or
retention of an employee, the issuance of a security clearance, the
letting of a contract, or the issuance of a license grant or other
benefit; to federal agencies in response to their request in
connection with the hiring or retention of an employee, the issuance
of a 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 is relevant and necessary to the requesting agency's
decision on the matter. A record may be disclosed to appropriate
parties engaged in litigation or in preparation of possible
litigation, e.g., to potential witnesses for the purpose of securing
their testimony when necessary before courts, magistrates or
administrative tribunals; to parties and their attorneys for the
purpose of proceeding with litigation or settlement of disputes; to
individuals seeking information by using established discovery
procedures, whether in connection with civil, criminal, or regulatory
proceedings; to foreign governments in accordance with formal or
informal international agreements; to local, state, federal and
foreign agents; to the Treasury Enforcement Communications System
(TECS) (Treasury/CS 00.244); to the International Criminal Police
Organization (INTERPOL) General Secretariat and National Central
Bureaus in member countries; to the INTERPOL Supervisory Board, an
international board comprised of three judges having oversight
responsibilities regarding the purpose and scope of personal
information maintained in the international archives of INTERPOL; to
employees and officials of financial and commercial business firms and
private individuals where such release is considered reasonably
necessary to obtain information to further investigative efforts or to
apprehend criminal offenders; to other third parties during the course
of an investigation to the extent necessary to obtain information
pertinent to the investigation; and to translators of foreign
languages as necessary. In addition, records are accessed by INTERPOL-
USNCB employees and by volunteer students and students working under a
college work-study program who have a need for the records in the
performance of their duties.
Release of Information to the News Media:
Information permitted to be released to the news media and the public
pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the Department of Justice 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.
Release of Information to Members of Congress:
Information contained in systems of records maintained by the
Department of Justice, not otherwise required to be released pursuant
to 5 U.S.C. 552, may be made available to a Member of Congress or
staff acting upon the Member's behalf when the Member or staff
requests the information in behalf of and at the request of the
individual who is the subject of the record.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA):
A record from a system of records may be disclosed as a routine use to
NARA and GSA in records management inspections conducted under the
authority of 44 U.S.C 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information is stored in file folders and on microfilm in the
INTERPOL-United States National Central Bureau. Magnetic disks in the
INTERPOL Case Tracking System (CTS) are stored at the Justice Data
Center, U.S. Department of Justice, and certain limited data, e.g.,
that which concerns fugitives and wanted persons, is stored in the
Treasury Enforcement Communications System (TECS) TREASURY/CS 00.244,
a system published by the U.S. Department of the Treasury.
Retrievability:
Information is retrieved primarily by name, file name, system
identification number, personal identification number, and by weapon
or motor vehicle number or by other identifying data. Prior to 1975,
case files were arranged by name of subject. Between 1975 and 1979
case files were sequentially numbered. Since October 1979, files have
been arranged by year, month and sequential number.
Safeguards:
Information maintained on magnetic disks is safeguarded and protected
in accordance with Department rules and procedures governing the
handling of computerized information. Only those individuals
specifically authorized and assigned an identification code by the
system manager will have access to the computer. Identification codes
will be assigned only to those INTERPOL-USNCB employees who require
access to the information to perform their official duties. In
addition, access to the information must be accompanied through a
terminal which is located in the INTERPOL-USNCB office that is
occupied twenty-four hours a day. Information in file folders and in
microfilm records is stored in file cabinets in the same secured area.
Retention and disposal:
Case files opened after April 5, 1982 have been stored on microfilm
(41 CFR 101-11.506). In addition, records that were closed prior to
April 5, 1982 but are recalled from the Federal Archives and Records
Center (FARC) are also microfilmed.
Case files that were closed prior to April 5, 1982 are transferred to
the FARC two years from the date the case is closed and are destroyed
twenty years thereafer, if there has been no recall from the FARC and
no case activity.
Case files closed as of April 5, 1982 and thereafter are disposed of
as follows: The hard copy (paper record) of the case file may be
destroyed when the microfilm records have been verified for clearness,
completeness and accuracy. The microfilm record of the case file is
destroyed ten years after closing of the case, if there has been no
case activity.
System manager(s) and address:
Chief, INTERPOL-United States National Cental Bureau, Department of
Justice, Room 800, Shoreham Building, Washington, DC 20530.
Notification procedure:
Inquiries regarding whether the system contains a record pertaining to
an individual may be addressed to the Chief, INTERPOL-United States
National Central Bureau, Department of Justice, Washington, DC 20530.
To enable INTERPOL-USNCB personnel to determine whether the system
contains a record relating to him or her, the requester must submit a
written request identifying the record system, identifying the
category and type of records sought, and providing the individual's
full name and at least two items of secondary information (date of
birth, social security number, employee identification number, or
similar identifying information).
Record access procedures:
Although the Attorney General has exempted the system from the access,
contest, and amendment provisions of the Privacy Act, some records may
be available under the Freedom of Information Act. Inquiries should be
addressed to the official designated under ``Notification procedure''
above. The letter should be clearly marked ``Freedom of Information
Request'' and a return address provided for transmitting any
information to the requester.
Contesting record procedures:
See ``Access procedures'' above.
Record source categories:
Sources of information contained in this system include investigating
reports of federal, state, local, and foreign law enforcement agencies
(including investigating reports from a system of records published by
Department of Treasury Enforcement Communications System (TECS)
TREASURY/CS 00.244): Other non-Department of Justice investigative
agencies: Client agencies of the Department of Justice; statements of
witnesses and parties; and the work product of the staff of the United
States National Central Bureau working on particular cases. Although
the organization uses the name INTERPOL-USNCB for purposes of public
recognition, the INTERPOL-USNCB is not synonymous with the
International Criminal Police Organization (ICPO-INTERPOL), which is a
private, intergovernmental organization headquartered in St. Cloud,
France. The Department of Justice INTERPOL-USNCB serves as the United
States liaison with the INTERPOL General Secretariat and works in
cooperation with the National Central Bureaus of other member
countries, but is not an agent, legal representative, nor organization
subunit of the International Criminal Police Organization. The records
maintained by the INTERPOL-USNCB are separate and distinct from
records maintained by the international Criminal Police Organization,
and INTERPOL-USNCB does not have custody of, access to, nor control
over the records of the International Criminal Police Organization.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c)(3)
and (4), (d), (e), (1), (2), and (3), (e)(4)(G) and (H), (e)(5) and
(8), (f), and (g) if the Privacy Act pursuant to 5 U.S.C. 552a (j)(2),
and (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.
JUSTICE MANAGEMENT DIVISION
JUSTICE/JMD-001
System name: Background Investigation Check-off Card.
System location:
U.S. Department of Justice, 633 Indiana Avenue, NW, Suite 402,
Washington, DC 20530.
Categories of individuals covered by the system:
All employees of the Offices, Boards, and Divisions except employees
in the U.S. Attorneys Offices, and the Executive Office for U.S.
Attorneys, for whom the U.S. Office of Personnel Management conducts
background investigations.
Categories of records in the system:
The system contains an index card for each employee of the Offices,
Boards, and Divisions, except those excluded in Categories of
Individuals above, on whom a name and fingerprint or background
investigation has been initiated.
Authority for maintenance of the system:
The system is established and maintained in order to fulfill the
requirements of Executive Order 10450.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The index cards are used to annotate and monitor the progress of the
name and fingerprint checks and the full field character
investigations of the employes. The completed cards are used to
develop a variety of workload and timeframe data concerning the
initiation and completion of these investigations to ensure that the
requirements of Executive Order 10450 and Department of Justice Order
2610.2 are being effectively and efficiently met.
Release of Information to the News Media:
Information permitted to be released to the news media and the public
pursuant to 28 CFR part 502 may be made available from systems of
records maintained by the Department of Justice 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.
Release of Information to Members of Congress:
Information contained in systems of records maintained by the
Department of Justice, not otherwise required to be released pursuant
to 5 U.S.C. 552, may be made available to a Member of Congress or
staff acting upon the Member's behalf when the Member or staff
requests the information on behalf of and at the request of the
individual who is subject to the record.
Release of Information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA):
A record from a system of records may be disclosed as a routine use to
NARA and GSA in records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information maintained in the system is manually stored in the boxes.
Retrievability:
Information is retrieved manually by reference to the name of the
employee on whom the investigation is being conducted.
Safeguards:
Information contained in the system is unclassified. It is safeguarded
and protected in accordance with Personnel Service policies and
procedures.
Retention and disposal:
When a full-field background investigation or National Agency Check is
initiated, the background investigation check-off card is forwarded to
the Justice Management Division Security Staff where it is ultimately
merged in system Justice/JMD-008, Security Clearance Information
System.
System manager(s) and address:
Assistant Director, Personnel Service, Justice Management Division,
U.S. Department of Justice, Suite 402, IND Building, Washington, DC.
Notification procedure:
Same as the System Manager.
Record access procedures:
Same as the System Manager.
Contesting record procedures:
Same as the System Manager.
Record source categories:
The sources of information contained in this system are those
Personnel Service employees authorized to annotate these cards.
Information reported is extracted from personnel documents initiating
the various investigations and the resulting reports of completion.
Systems exempted from certain provisions of the act:
None.
JUSTICE/JMD-002
System name: Controlled Substances Act Nonpublic Records.
System location: U.S. Department of Justice, 10th and Constitution
Avenue NW, Washington, DC 20530.
Categories of individuals covered by the system: Persons who have been
convicted for the first time of violating section 404(a) of the
Controlled Substances Act (Pub. L. 91-513), i.e. persons who have
knowingly or intentionally possessed a controlled substance except
as authorized by the act.
Categories of records in the system: Arrest records of law enforcement
agencies, which include personal data, photographs, fingerprints,
copies of court orders, DOJ-330 Request for Non-Public Records and/
or DOJ-329 Certificate of Expungement.
Authority for maintenance of the system: This system is established and
maintained in accordance with the Controlled Substances Act, Pub. L.
91-513, sec. 404, 21 U.S.C. 844.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: These records are retained
by the Department of Justice and are available only to a Federal
court upon a Federal court order issued to the Attorney General
demanding such records for use by said court in determining whether
or not a person qualified under Pub. L. 91-513, sec. 404(b), 21
U.S.C. 844(b).
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress: Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration: A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) in records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: These records are stored in locked file cabinets.
Retrievability: These records are indexed by the name of the offender.
Safeguards: Access to these records is restricted to the Chief, Records
Maintenance and Disposition Section and the assistant to the Chief.
Retention and disposal: Although these records will ultimately be
destroyed by shredding, the establishment of a disposal schedule is
still pending.
System manager(s) and address: Director, Records and Publications Staff,
Office of Personnel and Administration, Justice Management Division,
U.S. Department of Justice, 10th & Constitution Avenue NW,
Washington, DC 20530.
Notification procedure: Same as the System Manager.
Record access procedures: Same as the System Manager.
Contesting record procedures: Same as the System Manager.
Record source categories: Law enforcement agencies and courts.
Systems exempted from certain provisions of the act: The Attorney
General has exempted the system from subsection (d) of the Privacy
Act pursuant to 5 U.S.C. 552a(j)(2). 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.
JUSTICE/JMD-003
System name: Department of Justice Payroll System.
System location:
Categories of records within the Payroll System of Records are kept at
the following locations: (1) Justice Employee Data Service, 601 D
Street NW, Washington, DC 20530; (2) Justice Computer Service, 425 I
Street, NW, Washington, DC 20530; (3) at various time and attendance
recording and processing stations around the world; (4) at
computerized record off-site backup facilities; and (5) at various
Federal Records Centers.
Categories of individuals covered by the system:
(1) Current DOJ employees with the exception of those employed within
the FBI and; (2) Many past DOJ employees with the exception of those
that served within the FBI.
Categories of records in the system:
A. Payroll Master Employee Records: These are machine-readable and
microfiche records containing information on current pay and leave
status for individuals serviced by the automated payroll accounting
system.
B. Bond, Allotment and Check Mailing Records: These are machine-
readable and microfiche records containing information on Savings Bond
deductions, savings account allotments, and net check mailing
requested by the employee.
C. History of Earning Records: These are machine-readable and
microfiche records containing information on earnings, leave and other
pay related activities.
D. Automated Retirement Records: These are machine-readable records
containing information relevant to the Civil Service Retirement System
and the Federal Employees Retirement System. These records will be
used to automatically generate ``Individual Retirement Records'' (SF-
2806) or ``Individual Retirement Records (Federal Employees
Retirement)'' (SF-3100) upon an employee's separation.
E. Revised Social Security Numbers Records: These are machine-readable
records containing the new and old social security number for
employees whose current social security number is different from that
previously entered into the automated system.
F. Employee Pay Records: These are manila folders containing source
documents, correspondence and other papers in support of an active
employee's pay, leave and allowances.
G. Active Retirement Records: These are manual records maintained on
active employees to facilitate timely compliance with the requirements
of the Civil Service Retirement System or Federal Employees Retirement
Service. Upon separation, the original SF-2806 or SF-3100 is forwarded
to the Office of Personnel Management and a copy is filed in the
Employee Pay Record (F above). This category of records will
eventually be replaced by the automated retirement records (D above).
H. Former Employee Pay Records: These records are the Employee Pay
Records (F above) for employees that have been separated, transferred
or retired. In addition to information contained in the Employee Pay
Records, these records include information related to the retirement,
separation or transfer. These records are destroyed two years after
separation of employee.
I. Employee Death Records: These records are the Employee Pay Records
(F above) for employees that died while on active duty with Department
of Justice. In addition to information contained in the Employee Pay
Records, these records include information related to the employee's
death and the settlement of pending pay and allowances.
J. Returned Check Records: These records are a manual log for
recording and controlling checks issued to employees that were
returned to the Justice Employee Data Service because they were
undelivered, erroneous or cancelled prior to conversion to cash.
K. Time and Attendance Report: These microfilm records of Form DOJ-296
contain information on an employee's attendance and use of leave in a
particular pay period. They are also used to indicate leave
adjustments and balances.
L. Indebtedness Records: These records include source documents,
correspondence and other papers containing information regarding the
Government's claims of debt against individuals covered by the system.
These records are supplemented by hard copy, machine-readable or
microfiche records necessary to establish the identity and address of
the individuals, including in certain cases the taxpayer's mailing
address provided by the Internal Revenue Service.
Authority for maintenance of the system:
The head of each executive agency is responsible for establishing and
maintaining an adequate payroll system, covering pay, leave, and
allowances, as a part of the system of accounting and internal control
of the Budget and Accounting Procedures Act of 1950, as amended, 31
U.S.C. 66, 66a, and 200(a).
Purpose(s):
The purpose of each use of categories of records within the DOJ
Payroll System of Records is to enable the administration of the
payroll function and related financial matters in accordance with
applicable laws and regulations and to comply with the requirements of
the Comptroller General.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
A. Authorize, prepare and document payment to all Department employees
covered by the DOJ Payroll System entitled to be paid, with
consideration given to all authorized deductions from gross pay.
B. Specify and document proper disposition of all authorized
deductions from gross pay.
C. Prepare adequate and reliable payroll reports needed for (1)
management, (2) budget, (3) support of payments, (4) the conduct and
accounting of payroll related employee services, (5) control and
documentation of payroll system operation, and (6) to meet external
reporting requirements.
D. Support effective communications and payroll matters between the
Department of Justice and its present and former employees.
E. Support proper coordination of pay, leave and allowance operations
with personnel functions and other related activities.
F. Support adequate control over all phases and segments of the
payroll system including leave accounting.
G. Support appropriate integration of the payroll system with the
Departmental accounting systems.
H. Provide to the State, City, or other local jurisdiction which is
authorized to tax the employee's compensation a copy of an employee's
record, including the employee's Department of the Treasury Form W-2
and Tax Statement. The record will be provided in accordance with a
withholding agreement between the State, City, or other local
jurisdiction and the Department of the Treasury pursuant to 5 U.S.C.
516, 5517, and 5520 or in the absence thereof, in response to a
written request from an appropriate official of the taxing
jurisdiction to the System Manager listed below. The request must
include a copy of the applicable statute authorizing the taxation of
compensation and should indicate whether the authority of the
jurisdiction to tax the employee is based on place of residence, place
of employment, or both. However, the social security numbers will only
be provided to state or local taxing authorities which meet the
criteria of the Privacy Act.
I. Provide permanent record of actions taken pertinent to the
administration of pay leave and allowances.
J. Support legal investigations of suspected fraud.
K. Disseminate a record, or any facts derived therefrom, in a
proceeding before a court or adjudicative body before which the
Department of Justice is authorized to appear when i. the Department,
or any subdivision thereof, or ii. any employee of the Department in
his or her official capacity, or iii. any employee of the Department
in his or her individual capacity where the Department of Justice has
agreed to represent the employee, or iv. the United States where the
Department determines that the litigation is likely to affect it or
any of its subdivisions, is a party to litigation or has any interest
in litigation and such reports are determined by the Department to be
arguably relevant to the litigation.
L. Release of information to the Internal Revenue Service (IRS).
Information contained in the system may be disclosed to the IRS to
obtain taxpayer mailing addresses for the purpose of locating such
taxpayer to collect or compromise a Federal claim against the
taxpayer.
M. Release of information to consumer reporting agencies. Information
directly related to the identify of debtors and the history of claims
contained in the system or records may be disclosed to consumer
reporting agencies for the purpose of encouraging repayment of overdue
debts. Such disclosures will be made only when a claim is overdue and
only after due process steps have been taken to notify the debtor and
give him or her a chance to meet the terms of the debt. Addresses of
taxpayers obtained from the IRS will be disclosed to consumer
reporting agencies only for the purpose of allowing such agencies to
prepare a commercial credit report on the taxpayer for use by the
Department.
N. Release of information about debtors to the U.S. Treasury or other
Federal employers in order to effect salary or administrative offsets.
Information contained in the system of records may be disclosed to an
employer in order to effect salary or administrative offsets to
satisfy a debt owed the United States by that person. Such disclosures
will be made only when all procedural steps established by the Debt
Collection Act have been taken.
O. Release of information to debt collection agencies. Information
contained in the system of records may be disclosed to a person or
organization with whom the head of the agency has contracted for
collection services to recover indebtedness owed to the United States.
Addresses of taxpayers obtained from the IRS will also be disclosed,
but only where necessary to locate such taxpayer to collect or
compromise a Federal claim.
P. Release of information to United States Attorneys or the Civil
Division. Information contained in the system of records may be
disclosed to United States Attorneys or the Civil Division for advice,
litigation or enforced collection.
CATEGORIES OF USERS:
Records are accessed by users on a need or right to know basis. A
category of users may have potential access under more than one use
above.
A. Present or former employees serviced by the DOJ Payroll System.
B. Justice Employees Data Service Staff.
C. Department of the Treasury disbursing offices.
D. Department of Justice budget and accounting offices.
E. Department of Justice personnel offices.
F. Employee supervisors.
G. Employee administrative offices.
H. Federal, state and local taxing authorities.
I. Federal Employees Health Benefits carriers.
J. Employee organization offices participating in dues allotment
program.
K. Financial organizations participating in savings account allotment
program.
L. Financial organizations participating in net pay to checking
account program.
M. State human resource offices administering unemployment
compensation programs.
N. General Accounting Office and internal audit staffs.
O. Federal, state or local law enforcement agencies (in support of
legal investigations of suspected fraud).
P. Other Federal agencies requiring information as specified in
applicable laws or regulations, e.g., Office of Personnel Management.
Q. Heirs, executors and legal representatives of beneficiaries.
R. State and local courts of competent jurisdiction for the
enforcement of child support and/or alimony pursuant to 42 U.S.C. 659.
S. Consumer reporting agencies as defined by 15 U.S.C.1681a(f) or 31
U.S.C. 3701(a)(3)(B).
T. Debt collection agents, for purposes of collecting Federal claims
against taxpayers.
U. Department of Justice law enforcement or litigative organizations
for advice or for purposes of litigation or enforced collection
pertaining to Federal debt claims.
Release of Information to the News Media. Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of Information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of Information to the National Archives and Records
Administration (NARA) and the General Services Administration (GSA). A
record from a system of records may be disclosed as a routine use to
NARA and GSA in records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Various categories of records are stored on different mediums.
Categories A, B, and E are on magnetic discs. Category C is on
magnetic tape and microfiche. Category D is on magnetic tape. All
other records are maintained in paper form.
Retrievability:
Categories of records on magnetic media are retrievable by employee
social security number which is maintained to comply with Internal
Revenue requirements. Records in paper form and microfiche are
retrievable by employee name and social security number.
Safeguards:
The principal current safeguard for payroll records is guard force
screening of individuals entering buildings within which records are
kept. More stringent security practices and procedures are under
development.
Retention and disposal:
Payroll records retention and disposal are in accordance with General
Records Schedule 2 promulgated by the General Services Administration.
System manager(s) and address:
Director, Finance Staff, Justice Management Division, U.S. Department
of Justice, 601 D Street, NW, Washington, DC 20530.
Notification procedure:
Address inquiries to the System Manager.
A request for notification of the existence of records upon an
individual shall be made in writing with the envelope and the letter
clearly marked `Privacy Notification Request'. Include in the request
the name of the system of records, the individual's full name and
social security number while employed with the Department of Justice,
the name of the organization within which the individual is either a
current or former employee. The requestor shall include a return
address for the notification response.
Record access procedures:
Address access requests to the System Manager.
A request for access to records from this system shall be made in
writing with the envelope and the letter clearly marked `Privacy
Access Request'. Include in the request the name of the system of
records, the legal name and social security number of the subject
individual and the name of the organization within which the
individual is either a current or former employee. The requestor shall
also provide a return address for transmitting the information.
Contesting record procedures:
Individual desiring to contest or amend information should direct
their request to the System Manager listed above, stating clearly and
concisely what information is being contested, the reason for
contesting it, and the proposed amendment to the information sought.
Record source categories:
Information contained within the DOJ Payroll System of Records is
obtained from the following sources:
A. Subject Individual: Information collected from the subject
individual generally consists of that necessary to administer
allotments, deductions or other services requested by the individual.
B. Personnel Office: Information collected from the personnel office
generally consists of employment status information which provides the
legal basis upon which valid payments are computed.
C. Time and Attendance Clerk: Information collected from this clerk
generally consists of an accounting of the individual's presence or
absence from the duty station and the usage of leave.
D. Supervisor or Administrative Officer: Information collected from
these officers generally consists of leave authorizations and
information concerning the individual's duty station.
E. Financial Institutions or Employee Organizations: Information
collected from institutions or organizations generally consists of
that necessary to insure the timely and accurate forwarding to the
institution or organization of monies allotted to an account at the
institution or organization by the subject individual.
F. Previous Federal Employer: Information collected from the previous
employer within the Federal government generally consists of leave
status information at the time of separation.
G. Other Federal Agencies: Information collected from other Federal
agencies generally consists of program information necessary to
properly administer pay, leave, and allowance. Information collected
from IRS may include taxpayer mailing addresses which are necessary to
locate debtors.
H. Other Officials: Information collected from other officials
consists of that necessary to administer the payroll function. This
may include authorization for special payments, death certificate or
other documents as necessary.
I. Consumer Reporting Agencies and Debt Collection Agencies:
Information provided to assist in collecting debts.
Systems exempted from certain provisions of the act:
None.
JUSTICE/JMD-004
System name: Bookstream (Justice/JMD-004).
System location:
Justice Manager Division (JMD), Main Library, Department of Justice,
10th and Constitution Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system:
All Office, Board, and Division (OBD) Metropolitan Washington
Department of Justice employees, and other selected Department
employees who request to borrow from the Library system.
Categories of records in the system:
The file contains the full name of Department of Justice employees;
their organization building; room number; telephone number and last
four digits of their social security number. In addition, a record of
all library materials borrowed by or loaned to each employee is
maintained.
Authority for maintenance of the system:
This file is maintained pursuant to requirements for maintenance of
records of Federal agencies. (See 44 U.S.C. 3101 (1976).)
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The file is used by Main Library staff personnel to maintain more
effective control over library materials, including the ability to
recall materials and to clear Department of Justice employees leaving
the agency. Records will not be disseminated, and there will be no
release of information outside of the Library system other than to
notify library patrons of the availability of materials or overdue
status of borrowed materials. A list of items outstanding prior to
clearance from the agency will be provided to the employee.
There will also be a release of oustanding loans to the Department of
Justice Board of Survey when an employee leaving the Department cannot
account for items charged out. The Board of Survey, consisting of
Department of Justice personnel, was established by OBD Order 1300.4,
February 18, 1981.
A record from the system of records may be disclosed to the National
Archives and Records Administration for records management inspections
conducted under the authority of 44 U.S.C. 2404 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Automated records are maintained by JMD Library staff on a Data
General M600 minicomputer using DATALIB proprietary software.
Retrievability:
Information is retrieved by a variety of datafields including, but not
limited to the name of the employee, call number, title key or patron
indentification code.
Safeguards:
Information maintained in the system is safeguarded and protected in
accordance with Department rules and procedures governing the handling
of computerized information. Only those individuals specifically
authorized and assigned an access code will have use of the
circulation system. Access codes will be assigned only to those
library employees who have the requisite need for the information to
perform their official duties. In addition, access to the information
must be accomplished through a single terminal which is only
operational from 9 a.m. to 5:30 p.m., and access to such terminal will
be limited.
Retention and disposal:
Records classified by the employee's name are retained for two weeks
after the employee leaves the employment of the Justice Department.
The records are then deleted from the system.
System manager(s) and address:
Circulation Librarian, Room 5400, Main Library, United States
Department of Justice, Washington, DC 20530.
Notification procedure:
Inquiries regarding whether the system contains a record pertaining to
an individual may be addressed to the Circulation Librarian, Room
5400, Main Library, United States Department of Justice, Washington,
DC 20530. Before identifying whether the system contains a record
relating to an individual employee, Department of Justice employment
is first verified by checking information provided by the employee
against an employee personnel listing extracted from the Justice
Uniform Personnel System (Juniper). (See ``Record source categories''
below.) Bookstream is then searched for records relating to that
employee. Therefore, to assist the Library in verifying employment and
in identifying any record relating to an employee, the employee must
provide his full name, social security number, date of employment and
duty assignment station.
Record access procedures:
Persons desiring to access a record shall submit their request in
writing, by mail, or in person to the agency official designated under
``Notification procedure'' above. If a request to access a record is
made by mail, the envelope and letter shall be clearly marked
``Privacy Act Request.'' In addition, the requester must furnish the
information set forth under ``Notification procedure'' above.
Contesting record procedures:
See ``Record access procedure'' above.
Record source categories:
Sources are the Juniper system and bibliographic records either keyed
at the time an item is borrowed or taken from the master record of
Library holdings. The Juniper system is a system of records which is
included under the umbrella of a government-wide system of records
reported by the Office of Personnel Management. The system is entitled
``General Personnel Records, OPM/GOVT-1.''
Systems exempted from certain provisions of the act:
None.
JUSTICE/JMD-005
System name: Grievance Records.
System location:
Records relating to grievances originating in an office, board or
division (defined in 28 CFR 0.1) except for the Executive Office for
United States Attorneys, are located in the Office of the Assistant
Director for Personnel Service. Records relating to grievances
originating in the Executive Office for United States Attorneys or in
a United States Attorney's office are located in the office of the
Personnel Officer, Executive Office for United States Attorneys.
Records relating to grievances originating in a particular bureau
(defined in 28 CFR 0.1) are located in the central personnel office of
the bureau where the grievance originated, except for the Federal
Bureau of Investigation (FBI) which is excluded from coverage of the
Agency Administrative Grievance System by 5 CFR 771.206(a). (See
caption ``System managers and addresses.'')
Categories of individuals covered by the system:
Current or former Department of Justice employees, except for
employees of the FBI, who have submitted grievances in accordance with
5 CFR part 771 (Office of Personnel Management (OPM) regulations) and
the Department's grievance procedures, or in accordance with a
negotiated grievance procedure.
Categories of records in the system:
The system contains records relating to grievances filed by the agency
employees under 5 CFR part 771 and the Department's grievance
procedures, or under a negotiated grievance procedure. These case
files contain all documents related to the grievance, including
statements of witnesses, reports of interviews and hearings,
examiner's findings and recommendations, or arbitration award, and a
copy of any original and final decision and related correspondence and
exhibits.
Authority for maintenance of the system:
5 U.S.C. 552a(f); 5 CFR part 771; 5 U.S.C. 1032, 3301, 3302; E.O.
10577; 3 CFR 1954-1958 Comp., p. 218.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These records and information in these records may be used:
a. To disclose pertinent information to another appropriate Federal,
State, or local agency, responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule, regulation, or order,
where the Department becomes aware of an indication of a violation or
potential violation of civil or criminal law or regulation.
b. To disclose information to any source from which additional
information is requested in the course of processing a grievance to
the extent necessary to identify the individual, inform the source of
the purpose(s) of the request, and identify the type of information
requested.
c. To disclose information to another Federal agency (in response to
its request) for its use in the hiring or retention of an employee,
the issuance of a security clearance, the conducting of a security
and/or suitability investigation of an individual, the classifying of
jobs, the letting of a contract, or the issuance of a license, grant,
or other benefit to the extent that the information is relevant and
necessary to its decision on the matter.
d. To provide information to a congressional office from the record of
an individual in response to an inquiry from the congressional office
made at the request of that individual.
e. To disclose information to another Federal agency or to a court
when the Government is party to a judicial proceeding before the
court.
f. By 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 2908.
g. By the Department or OPM in the production of summary descriptive
statistics, if available, and analytical studies in support of the
function for which the records are collected and maintained, or for
related work force studies. While published statistics and studies do
not contain individual identifiers, in some instances the selection of
data elements included in the study may be structured in such a way as
to make the data individually identifiable by inference.
h. To disclose information to officials of the Merit Systems
Protection Board; the Special Counsel; the Federal Labor Relations
Authority and its General Counsel; the Equal Employment Opportunity
Commission; or, the OPM when requested to perform their authorized
duties.
i. To disclose in response to a request for discovery or for
appearance of a witness, information that is relevant to the subject
matter involved in a pending judicial or administrative proceeding.
j. To provide information to labor organization officials recognized
under the Civil Service Reform Act when relevant and necessary to
their duties of exclusive representation concerning personnel
policies, practices, and matters affecting work conditions.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
These records are maintained in file folders.
Retrievability:
These records are retrieved by the names of the individuals on whom
they are maintained.
Safeguards:
These records are maintained in lockable metal filing cabinets to
which only authorized personnel have access.
Retention and disposal:
These records are disposed of three years after closing of the case.
Disposal is by shredding or burning.
System manager(s) and address:
a. Offices, Boards and Divisions, Assistant Director for Personnel
Service, U.S. Department of Justice, 633 Indiana Avenue, NW,
Washington, DC 20530.
b. Bureau of Prisons, Personnel Director, Bureau of Prisons, HOLC
Building, 320 First Street, NW, Washington, DC 20534.
c. Drug Enforcement Administration, Deputy Assistant Administrator for
Personnel, Drug Enforcement Administration, 1405 I Street, NW,
Washington, DC 20537.
d. Immigration and Naturalization Service, Assistant Commissioner for
Personnel and Training, Immigration and Naturalization Service, CAB
Building, 425 I Street, NW, Washington, DC 20530.
e. Office of Justice Programs, Director, Office of Personnel, Office
of Justice Programs, 633 Indiana Avenue, NW, Washington, DC 20530.
f. United States Marshals Service, Personnel Officer, U.S. Marshals
Service, 600 Army-Navy Dr., Arlington, VA 22202.
g. Executive Officer for United States Attorneys, Personnel Officer,
601 D Street, NW, Patrick Henry Building, Washington, DC 20530.
Notification procedure:
Individuals who have filed grievances may contact the appropriate
personnel office (named under the caption ``System managers'' and
addresses'' above) where the action was processed regarding the
existence of such records on them. They must furnish the following
information for the records to be located and identified:
a. Name.
b. Approximate date of closing of the case and the subject matter of
the grievance.
c. Organization component involved.
Record access procedures:
Individuals who have filed grievances may request access to the
official copy of the grievance file by contacting the appropriate
personnel office (named under the caption ``System managers and
addresses'' above) where the action was processed. Individuals must
provide the information listed under the caption ``Notification
procedures'' for their records to be located and identified.
Individuals requesting access must also follow the Department's
Privacy Act regulations (28 CFR 16.41) regarding access to records and
verification of identity.
Contesting record procedures:
Review of requests from individuals seeking amendment of their records
which have been the subject of a judicial or quasi-judicial action
will be limited in scope. Review of amendment requests of these
records will be restricted to determining if the record accurately
documents the action of the agency ruling on the case and will not
include a review of the merits of the action, determination, or
finding.
Individuals wishing to request amendment to the records to correct
factual errors should contact the personnel office (named under the
caption ``System managers and addresses'' above) where the grievance
was processed. Individuals must furnish the information listed under
the caption ``Notification procedures'' for their records to be
located and identified.
Individuals requesting amendment must also follow the office's Privacy
Act regulations (28 CFR 16.41) regarding amendment to records and
verifications of identity.
Record source categories:
Information in this system of records is provided:
a. By the individual on whom the record is maintained.
b. By testimony of witnesses.
c. By Department officials.
d. From related correspondence from organizations or persons.
Systems exempted from certain provisions of the act:
None.
JUSTICE/JMD-006
System name: Debt Collection Management System, JUSTICE/JMD-006
System location:
Department of Justice, Justice Management Division (JMD), Central
Intake Facility (CIF), 1110 Bonifant Street, Suite 220, Silver Spring,
Maryland.
Categories of individuals covered by the system:
Persons indebted to the United States who have allowed their debts to
become delinquent and whose debts have been sent by client Federal
agencies to the Department of Justice for settlement or enforced
collection through litigation.
Categories of records in the system:
This system of records contains records for all 94 judicial districts
of the United States. It contains records relating to the negotiation,
compromise, settlement, and litigation of debts owed the United
States. Records will consist of an automated support data base and
temporary custody of case files. Case files are assigned promptly to a
U.S. Attorney (USA) or, where the Department has contracted for their
services, to private counsel to undertake enforced debt collection
action.\1\ This system describes case files during the period when
they are in the possession of the JMD, CIF. Upon assignment of a case
file to a USA or contract private counsel, the case is covered by the
Debt Collection Enforcement System, JUSTICE/USA-0l5.
---------------------------------------------------------------------------
\1\Private counsel are employed under a statutorily-authorized
pilot program in specific judicial districts. Pub. L. 102-58
(November 10, 1992) authorized a four-year extension of the pilot
program through September 30, 1996, and expanded the number of
judicial districts from 10 to 15. Ten of these districts have been
identified as: Central District of CA; Northern District of CA;
Eastern District of NY; Southern District of FL; Eastern District of
MI; Southern District of TX; District of Columbia; Middle District of
FL; Western District of LA; and the District of NJ.
---------------------------------------------------------------------------
The client agency case file includes such documents as the Claims
Collection Litigation Report; Certificate of Indebtedness; any partial
payment records, status reports, correspondence, and any other
documentation developed during the negotiation of the debts.
An automated data base provides litigation/administrative support to
private counsel and USAs in the pilot districts\2\ and creates an
inventory of cases assigned to the 94 judicial districts. The data
base contains data extracted from the case file and any data generated
or developed to support the administrative operations of the debt
collection program. Information may include personal data, e.g., name,
social security number, date of birth, and locator information; claim
information, e.g., type of claim such as benefit overpayment, loan
default, bankruptcy, etc.; payment demand information, compromise
offered, etc.; account information, e.g., debtor payments including
principal, penalties, interests, and balances, etc.; information
regarding debtor's employment, ability to pay, property liens, etc.;
value of claim, name of source agency which provided the loan or
benefit; information on the status and disposition of cases at various
intervals of time; and any other information related to the
negotiation; compromise, settlement, or litigation of debts owed the
United States, or to the administrative management of the debt
collection program.
---------------------------------------------------------------------------
\2\The ultimate goal is to provide fully automated debt collection
litigation support to all 94 USAs. While moving toward this goal, the
Department envisions a system that will maintain summary level data
for all 94 USA's until all districts can be provided, seriatim, full
administrative and litigation support.
---------------------------------------------------------------------------
(When a case is closed or a judgment is obtained, the USAs in both
pilot and non-pilot districts notify the CIF as to the final
disposition of the case on a monthly basis.)
Authority for maintenance of the system:
31 U.S.C. 3711 and 3718, and 28 U.S.C. 3201
Purpose(s):
Title 31 U.S.C. 3711 authorizes the Attorney General to conduct
litigation to collect delinquent debts due the United States; 31
U.S.C. 3718(b) authorizes the Attorney General to contract with
private counsel to assist the Department (specifically, the USAs) in
collecting consumer and commercial debts owed the United States on a
pilot project basis; and Chapter 176 of Title 28, United States Code
(``Federal Debt Collection Procedure''), authorizes the Attorney
General to obtain both prejudgment and postjudgment remedies against
delinquent debtors, and section 3201(e) of that Chapter states that a
judgment against such a debtor creates a lien on all real property of
the debtor and renders that debtor ``ineligible'' for any grant or
loan made, insured, financed or guaranteed by the Federal Government.
Accordingly, this system of records is maintained by JMD under
contract by means of the CIF to assist the Attorney General in
conducting this debt litigation through the USAs in all 94 judicial
districts (for an indefinite period) and, where appropriate, through
contract private counsel under a pilot program (for periods specified
by legislation). The CIF receives debt collection files from client
Federal agencies for assignment to private counsel in any selected
pilot judicial districts where the Department has contracted for their
services and/or to the USAs in all 94 judicial districts.\3\ The CIF
furnishes automated litigation/administrative support to such counsel
and to USAs in the pilot districts,\4\ and creates an inventory of all
debts referred by USAs and by client Federal agencies to the
Department (and subsequently referred/assigned by the CIF to such
counsel, and to USAs in all 94 judicial districts) for enforced
collection via litigation. The inventory enables the Department to
provide statistical data to the Congress and the Office of Management
and Budget on debt collection activities as required by 31 U.S.C.
3718(c).
---------------------------------------------------------------------------
\3\A separate system of records entitled ``Debt Collection
Enforcement System, Justice/USA-015,'' covers the records as
maintained by the USAs and such counsel, and identifies the relevant
judicial districts.
\4\See note 2, supra.
---------------------------------------------------------------------------
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In the course of its collection and enforcement activities, the
Department may release client Federal agency case files to the CIF to
conduct the administrative operations of the debt collection program.
Through the administrative operations of the CIF, the Department will
release the case files and any related records or information created
by the CIF to the contract private counsel to negotiate, settle, and
litigate debts owned the United States.
The Department may also disclose relevant records or information from
this system as follows:
(a) To client agencies who have referred debt collection cases to the
Department for settlement or litigation and enforced collection to
notify such agencies of the status of the case 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.
(b) To a Federal agency in response to its request and in connection
with hiring or retention of an employee, the issuance of the required
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.
(c) In a proceeding before a court or adjudicative body before which
the Department or contract private counsel who are authorized to
appear when any of the following is a party to litigation or has an
interest in ligation and such records are determined by the Department
or contract private counsel to be arguably relevant to the litigation:
(1) The Department, or any subdivision thereof, or contract private
counsel, or (2) any employee of the Department or contract private
counsel in his or her official capacity or (3) any employee of the
Department or contract private counsel in his or her individual
capacity where the Department of Justice has agreed to represent the
employee, or (4) the United States, where the Department or contract
private counsel determines that the litigation is likely to affect the
Department or any of its subdivisions.
(d) To volunteer student workers and students working under a college
work-study program as is necessary to enable them to perform their
function;
(e) To employees or to contract personnel to access the records for
Privacy Act training purposes.
(f) To (1) a Federal, state, local or foreign agency, an organization
or individual to elicit information to assist the Department in the
settlement or effective litigation and enforced collection of the
overdue debt; and (2) the Internal Revenue Service to obtain the
mailing address of a taxpayer to collect or to compromise a debt owed
by the taxpayer to the United States.
(g) 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.
(h) To a Member of Congress or staff acting upon 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.
(i) To the National Archives and Records Administration and to the
General Services Administration in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
(k) To the Department of Housing and Urban Development (HUD) for its
use in evaluating the credit worthiness of Federal loan applicants.
Ultimately, this information may be accessed by other entities to
determine credit worthiness; that is, HUD may permit access to its
data base (possibly through a computer matching program) by authorized
employees of Federal agencies and private lenders (i.e., private
lenders of Federally insured or guaranteed loans) to determine the
credit worthiness of Federal loan applicants. Specifically, HUD
operates an automated telephonic prescreening system (the Credit Alert
Interactive Voice Response System) through which relevant information
may be provided to assist such lenders and agencies in identifying
whether there are any outstanding judgments against the applicant for
other Federal debts, the amount of the debt, the status thereof, and
any other information that may assist the lender/agency in making a
decision on whether to approve or not approve an application for a
loan. (See 28 U.S.C. 3201(e).)
Disclosure to consumer reporting agencies: Disclosure to consumer
reporting agencies under subsection (b)(12) of the Privacy Act:
Disclosure to consumer reporting agencies in accordance with section
3711(f) of Title 31 (as authorized under subsection (b)(12) of the
Privacy Act): Relevant records may be disclosed to a consumer
reporting agency as defined in the Fair Credit Reporting Act (15
U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1966 (31
U.S.C. 3701(a)(3)) where such information is directly related to the
identity of debtors and the history of claims contained in this
system of records and for the purpose of encouraging repayment of
overdue debts. Such disclosure may be made only when a claim is
overdue and only after due process steps have been taken to notify
the debtor and give him or her a chance to meet the terms of the
debt. Addresses of taxpayers obtained from the Department of the
Treasury may be disclosed to consumer reporting agencies only for
the purpose of allowing such agencies to prepare a commercial credit
report on the taxpayer for use by the Department. Prior to such
disclosure, satisfactory assurances will be obtained from such
consumer reporting agency concerning compliance by that agency with
the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) and any other
Federal law governing the provision of consumer credit information.
Policies and practices for storing, retrieving, accessing, retaining,
and disclosing of records in the system:
Storage:
Case files are stored in locked rooms; automated data is stored on
magnetic tape.
Retrievability:
Data is retrieved by name of debtor.
Safeguards:
Access to records is restricted to those personnel who must have
access to perform their duties and is limited to those cases assigned.
Case files are maintained separately in locked rooms during non-duty
hours. Access to automated data requires the use of the proper
password and user identification code.
Retention and disposal:
Paper records in this system will be returned to client Federal
agencies for disposition; automated information will be erased ten
years after the related case files reported in the Debt Collection
Enforcement System, JUSTICE/USA-015 have been closed.
System manager(s) and address:
Deputy Assistant Attorney General, Debt Collection Management, Justice
Management Division, Department of Justice, Washington, DC 20530.
Notification procedure:
Address inquiries to Deputy Assistant Attorney General, Debt
Collection Management, Justice Management Division, Department of
Justice, Washington, DC 20530.
Record access procedures:
Address requests for access to Deputy Assistant Attorney General, Debt
Collection Management, Justice Management Division, Department of
Justice, Washington, DC 20530. Clearly mark the envelope ``Privacy
Access Request.'' Include in the request the debtor's name, date of
birth, address, and any other identifying information which may be of
assistance in locating the record, e.g., name of the case or Federal
agency to whom the debtor is indebted. In addition, include notarized
signature of the debtor as well as the name and address of the
individual to receive the information if other than the debtor.
Contesting records procedures:
Address requests to Deputy Assistant Attorney General, Debt Collection
Management, Justice Management Division, Department of Justice,
Washington, DC 20530. State clearly and concisely the information
being contested, the reasons for contesting it, and the proposed
amendment to the information.
Record source categories:
The individuals covered by the system; client agencies of the
Department to whom the individual is indebted; an attorney or other
representative for the debtor and/or payor; any Federal, State, local,
foreign, private organization or individual who may have information
relating to the debt, the debtor's ability to pay or any other
information relevant and necessary to assist in the settlement or
effective litigation and enforced collection of the debt.
Systems exempted from certain provisions of the act:
None.
JUSTICE/JMD-007
System name: Accounting System for the Offices, Boards and
Divisions and the United States Marshals Service.
System location:
United States Department of Justice, 10th and Constitution Avenue, NW,
Washington, DC 20530.
Categories of individuals covered by the system:
All individuals on whom vouchers are submitted requesting payment for
goods or services rendered (except payroll vouchers for Department of
Justice employees,) including vendors, contractors, experts,
witnesses, court reporters, travelers, and employees.
Categories of records in the system:
All vouchers processed, i.e., all documents required to reserve,
obligate, process and effect collection or payment of funds. (Excluded
from the system are payroll vouchers.)
Authority for maintenance of the system:
The system is established and maintained in accordance with 31 U.S.C.
3512.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
After processing the vouchers, the records are used to maintain
individual financial accountability; to furnish statistical data (not
identified by personal identifiers) to meet both internal and external
audit and reporting requirements; and to provide Administrative
Officers from the Officers, Boards and Divisions and the United States
Marshals Service with information on vouchers by name and social
security number.
Release of information to the news media. Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from system of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice not
otherwise required to be released pursuant to 5 U.S.C. 552 may be made
available to a Member of Congress or staff acting upon the Member's
behalf when the Member or staff requests the information on behalf of
and at request of the individual who is the subject of the record.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to NARA and GSA in records management inspections conducted under
the authority of 44 U.S.C. 2904 and 2906.
Release of taxpayer mailing address information. Information contained
in the system or records may be disclosed to the Internal Revenue
Service (IRS) to obtain taxpayer mailing addresses for the purpose of
locating such taxpayer to collect or compromise a Federal claim
against the taxpayer.
Release of information to consumer reporting agencies. Information
directly related to the identity of debtors and the history of claims
contained in the system or records may be disclosed to consumer
reporting agencies for the purpose of encouraging repayment of overdue
debts. Such disclosures will be made only when a claim is overdue and
only after due process steps have been taken to notify the debtor and
give him or her a chance to meet the terms of the debt. Addresses of
taxpayers obtained from the Department of the Treasury will be
disclosed to consumer reporting agencies only for the purpose of
allowing such agencies to prepare a commercial credit report on the
taxpayer for use by the Department.
Release of information about debtors. Information contained in the
system of records may be disclosed in order to effect salary or
administrative offsets to satisfy a debt owed the United States by
that person. Such disclosures will be made only when all procedural
steps established by the Debt Collection act have been taken.
Release of information to debt collection agencies. Information
contained in the system of records may be disclosed to a person or
organization with whom the head of the agency has contracted for
collection services to recover indebtedness owed to the United States.
Addresses of taxpayers obtained from the Department of the Treasury
will also be disclosed, but only where necessary to locate such
taxpayer to collect or compromise a Federal claim.
Release of information to United States Attorneys. Information
contained in the system of records may be disclosed to United States
Attorneys' offices for litigation and enforced collection.
Release of information in a proceeding before a court or adjudicative
body. Records within this system or any facts derived therefrom, may
be disseminated before a court or adjudicative body before which the
Justice Management Division is authorized to appear when i. the
Justice Management Division, or any subdivision thereof, or ii. any
employee of the Justice Management Division in his or her official
capacity, or iii. any employee of the Justice Management Division in
his or her individual capacity where the Department of Justice has
agreed to represent the employee, or iv. the United States, where the
Justice Management Division determines that the litigation is likely
to affect it or any of its subdivisions, is a party to litigation or
has an interest in litigation and such records are determined by the
Justice Management Division to be arguably relevant to the ligitation.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Magnetic disks, magnetic tapes, microfilm, and file folders.
Retrievability:
Records on magnetic tapes and disks are primarily retrieved by social
security number or digital identifiers. Records covering all fiscal
years prior to Fiscal Year 1983 are maintained in paper form; as of
Fiscal Year 1983 paper records have been converted to microfilm.
Records in paper form and on microfilm are retrieved by batch and
controlled by schedule on which paid.
Safeguards:
Information contained in the system is unclassified. Operational
access to information maintained on magnetic disks is controlled by
the convention of the operating system utilized. This is normally by
password key. These passwords are issued only to employees who have a
need to know in order to perform job functions relating to financial
management and accountability. Records are also safeguarded in
accordance with organizational rules and procedures. Access is limited
to personnel of the Department of Justice who have a need for the
records in the performance of their official duties.
Retention and disposal:
Magnetic disks, magnetic tapes, microfilm, and paper documents are
retained for a period of six years and three months and subsequently
destroyed in accordance with regulations prescribed by the General
Accounting Office and promulgated by the General Services
Administration.
System manager(s) and address:
Directors, Finance Staff, Office of the Comptroller, Justice
Management Division, U.S. Department of Justice, 10th & Constitution
Avenue, NW, Washington, DC 20530.
Notification procedure:
Same as the System Manager.
Record access procedures:
Same as the System Manager.
Contesting record procedures:
Same as the System Manager.
Record source categories:
Submitted by operating accounting personnel or individual of record.
Systems exempted from certain provisions of the act:
None.
JUSTICE/JMD-008
System name: Security Clearance Information System (SCIS).
System location:
U.S. Department of Justice, 10th and Constitution Avenue NW,
Washington, DC 20530.
Categories of individuals covered by the system:
Individuals who have been investigated and cleared for employment and/
or for access to data classified for national security reasons, i.e.,
A. Current employees, excluding the Federal Bureau of Investigation
(FBI), and the Drug Enforcement Administration (DEA),
B. Former employees, excluding the FBI and DEA,
C. Contractors with whom contracts (or other agreements) are, have
been, or are offered to be entered into by the Department of Justice,
including the FBI and DEA, and
D. Persons associated with and/or acting for the defense or for the
courts in a criminal proceeding which involves classified information.
Categories of records in the system:
The system contains two subsystems: (a) A Clearance Index Reference
Record which is an automated system for identifying the individuals in
Categories of Individuals above listing the status and types of
investigations, the dates of clearance and level of clearances and (b)
a Character File including one or more of the following: (1) Standard
form 86 (Office of Personnel Management), Security Investigation Data
For Sensitive Position; (2) Copies of investigative reports from the
Office of Personnel Management, the FBI, and/or other Federal
investigative agencies; (3) Correspondence related to the request for
the investigations, results of the investigation, and clearance
approvals for access to classified national security information and
waivers; and (4) Other information relating to the trustworthiness of
the employee.
Authority for maintenance of the system:
The system is established and maintained in accordance with
Presidential Executive Orders 10450 (clearance for Federal employment)
and 12356 (access to data classified for National Security reasons),
and the Classified Information Procedures Act of 1980.
Purpose(s):
Records in this system are used to determine the suitability,
eligibility and/or qualifications of employees for initial or
continued employment in the Department of Justice (excluding the FBI
and DEA), and for employment in sensitive positions involving access
to classified information. The records are also used to make similar
suitability determinations regarding the employment of contractors to
perform a service for the Department (including the FBI and DEA), and
to establish the trustworthiness for access to classified information
of persons associated with and/or acting for the court or the defense
during criminal proceedings.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These records or information in these records may be disclosed to:
(a) Designated officers and employees of agencies, offices, and other
establishments in the executive, legislative, and judicial branches of
the Federal Government and the District of Columbia Government, when
it has been determined by the Department of Justice, or by such
agency, office, or establishment, that such agency, office or
establishment having an interest in either the initial or continued
employment of an individual, needs such records or information from
this system in order to evaluate qualifications, suitability and
loyalty to the United States Government, or trustworthiness to access
classified information or restricted areas, and/or for the purpose of
either granting, renewing, suspending, or revoking a security
clearance.
(b) Designated officers and employees of agencies, offices, and other
establishments in the executive, legislative, and judicial branches of
the Federal Government, and the District of Columbia Government, when
it has been determined by the Department of Justice, or by such
agency, office or establishment needs records or information from this
system either because it has conducted or is conducting an
investigation of the individual in order to evaluate qualifications,
suitability, or loyalty to the United States Government, or
trustworthiness to access classified information or restricted areas,
and/or for the purpose of either granting, renewing, suspending, or
revoking a security clearance.
(c) Designated officers and employees of agencies, offices, and other
establishments in the executive, legislative, and judicial branches of
the Federal Government, and the District of Columbia Government, when
it has been determined by the Department of Justice, or by such
agency, office, or establishment, that such agency, office or
establishment having an interest in either the initial or continued
employment of a contractor, needs such records or information from
this system in order to evaluate qualifications, suitability, and
loyalty to the United States Government, or trustworthiness to access
classified information or restricted areas, and/or the purpose of
either granting, renewing, suspending, or revoking a security
clearance.
(d) Designated officers and employees of agencies, offices, and other
establishments in the executive, legislative, and judicial branches of
the Federal Government, and the District of Columbia government, when
it has been determined by the Department of Justice, or by such
agency, office or establishment, that such agency, office or
establishment, needs records or information from this system either
because it has conducted or is conducting an investigation of the
contractor in order to evaluate qualifications, suitability, or
loyalty to the United States Government, or trustworthiness to access
classified information or restricted areas, and/or for the purposes of
either granting, renewing, suspending or revoking a security
clearance.
(e) Security officials and investigators of other Government Agencies
or Departments for liaison purposes involving access to classified
material during meetings, conferences or training courses.
(f) 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.
(g) A Member of Congress or staff acting upon 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.
(h) 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.
(i) A court or adjudicative body before the Department of Justice is
authorized to appear, when the Department of Justice or any
subdivision thereof, or any employee of the Department of Justice in
his or her official capacity, or any employee of the Department of
Justice in his or her individual capacity where the Department of
Justice has agreed to represent the employee, or the United States
where the Department of Justice determines that the litigation is
likely to affect it or any of its subdivisions, is a party to
litigation or has an interest in litigation and such records are
determined by the Department of Justice to be arguably relevant to the
litigation, or to the protection of such records which have been
classified in the interest of national security.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Automated data is stored on a main frame computer in the Department of
Justice Uniform Personnel System. Paper files are maintained in a
secure file room.
Retrievability:
All data is retrieved by searching under the employee's name and
social security account number.
Safeguards:
Information contained in the system includes some classified National
Security Information. It is safeguarded and protected in accordance
with Departmental rules and procedures governing the protection of
this material.
Safeguards include the assignment to authorized users of passwords to
access the automated data, and of combination formulas to access
manual records in locked safes.
Retention and disposal:
Records are retained and disposed of in accordance with items 22 and
23 of the General Records Schedule 18 as approved by the Archivist of
the United States.
System manager(s) and address:
Director, Security and Emergency Planning Staff, Justice Management
Division, U.S. Department of Justice, 10th and Constitution Avenue,
NW, Washington, DC 20530.
Notification procedure:
Same as the System Manager.
Record access procedures:
A request for access to a record from this system shall be made in
writing to the System Manager with the envelope and the letter clearly
marked. ``Privacy Access Request.'' Include in the request the name,
title and organization of the employee, a notarized signature, and the
general subject matter of the inquiry. The requestor will also provide
a return address for transmitting a reply. Requests for copies of
investigative reports must be directed to the Office of Personnel
Management, the Federal Bureau of Investigation, or other Federal
investigative agencies, as appropriate.
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.
Record source categories:
Sources of information contained in this system are (a) individuals
covered by the system and (b) those individuals (informants) contacted
by the Federal investigators who furnished information in the
background investigation.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsection (d) of
the Privacy Act pursuant to 5 U.S.C. 552a(k)(5). Rules have been
promulgated in accordance with the requirements of 5 U.S.C. 533 (b),
(c) and (e) and have been published in the Federal Register.
JUSTICE/JMD-009
System name:
Debt Collection Offset Payment System, Justice/JMD-009.
System location:
Department of Justice (DOJ), Justice Data Center, 1151D Seven Locks
Road, Rockville, Md.
Categories of individuals covered by the system:
Federal debtors. Federal debtors include (but may not be limited to)
those who have received overpayments through direct financial
assistance, those who owe debts of restitution based on civil or
criminal judgments entered by Federal courts, and those who have
obtained insured or guaranteed loans from Federal agencies, and (a)
whose delinquent debts have been sent by client Federal agencies to
the DOJ for enforced collection through litigation or (b) whose
delinquent debts are owed directly to the DOJ.
Categories of records in the system:
Automated records include a data base of delinquent debts by debtor
name, taxpayer address and Taxpayer Identification Number (TIN), type
of government claim involved, and the Federal agency entitled to
notice of funds collected. (Such debts are referred by United States
Attorneys (USAs) (from client Federal agencies), and by other DOJ
components.) The data base also includes (1) information identifying
those delinquent debtors who are present or former Federal employees,
or members of the Armed Forces and whose salaries or other Federal
benefit payments may be eligible for administrative offset by their
respective employers (and whose debts may be referred to such agencies
for such offsets), (2) voluntary payments made to the DOJ lockbox, and
(3) debt amounts offset by the Internal Revenue Service (IRS) against
income tax refunds. Manual records include computer-generated reports
that list all delinquent debtors by name, TIN, tax year, and the USA
or other DOJ component (and/or other Federal agency) that referred the
delinquent debt for collection, the referring agency's claim number,
the status of the account, and the balance owed.
Authority for maintenance of the system:
Section 3 of Pub. L. 102-589, the Cash Management Improvement Act
Amendments of 1992.
Purpose(s):
This system of records is used first to determine whether
administrative offset of the delinquent debts can be made by Federal
agencies against compensation due delinquent debtors who are present
or former employees of such agencies, or present or former members of
the Armed Forces. Second, it is used to refer delinquent debts to the
IRS for offset against any income tax refunds that may be due the
debtors under the IRS Federal Income Tax Refund Offset Program, to
record data on any offsets made, and to maintain historical data on
delinquent debtor payments through the Program.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
DOJ may disclose relevant information from this system as follows:
(a) To the IRS to obtain the mailing address of a taxpayer for the
purpose of locating such taxpayer to collect or to compromise a debt
owed by the taxpayer to the United States.
(b) To the Department of Defense (DOD) and United States Postal
Service (USPS) to conduct computer matching programs to identify and
locate debtors who receive Federal salaries, and/or pension, annuity
or other Federal benefit payments. Except where such debts are paid
voluntarily, the debts of those individuals who have been so
identified will be returned to the DOJ component, or to the USA for
referral to the appropriate Federal agency, for collection by
administrative, salary, or other procedure to offset Federal payments.
(c) To the IRS to conduct computer matching programs to identify
individuals entitled to refunds against which tax refund offsets would
be appropriate and to enable the IRS to offset the taxpayer's tax
refund. (A tax refund offset may be initiated where the debt cannot be
offset against the payment of Federal benefits such as Federal
salaries, annuities, pensions, etc.)
(d) To notify client agencies as to the status of payments and to make
inquiries and reports as necessary during the processing of debt
collection payments, whether such payments are made voluntarily or
whether they are collected through the tax refund offset procedure.
(e) To contractor employees operating the Nationwide Central Intake
Facility to account for debtor payments that have been received. (See
the ``Debt Collection Management System, Justice/JMD-006'' which
describes debtor records maintained by the Nationwide Central Intake
Facility.)
(f) In a proceeding before a court or adjudicative body before which
DOJ or contract private counsel are 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 DOJ or contract private
counsel to be arguably relevant to the litigation: (1) DOJ, or any
component thereof, or contract private counsel, or (2) any employee of
DOJ or contract private counsel in his or her official capacity or (3)
any employee of DOJ or contract private counsel in his or her
individual capacity where DOJ has agreed to represent the employee, or
(4) the United States, where DOJ or contract private counsel
determines that the litigation is likely to affect DOJ or any of its
components.
(g) To volunteer student workers and students working under a college
work-study program as is necessary to enable them to perform their
duties.
(h) To employees or to contract personnel to access the records for
Privacy Act training purposes.
(i) 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.
(j) To a Member of Congress or staff acting upon 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.
(k) To the National Archives and Records Administration (NARA) and to
the General Services Administration in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Periodic reports are stored in binders; automated data is stored on
magnetic tape.
Retrievability:
Records are retrieved by debtor's name or TIN.
Safeguards:
Access to the facility where the records are maintained requires
identification clearance by a security officer or guard. Paper records
are maintained in a locked room during non-duty hours. Access to
automated data requires the use of the proper passwords and user
identification codes by personnel with security clearances. Finally,
only those personnel who require access to perform their duties may
access these records.
Retention and disposal:
Paper records are shredded after five years; automated information
will be erased ten years after the related case files reported in the
Debt Collection Enforcement System, Justice/USA-015, have been closed.
(Pending approval of the NARA).
System manager(s) and address:
Deputy Assistant Attorney General, Debt Collection Management, Justice
Management Division, Department of Justice, Washington, DC 20530.
Notification procedure:
Address requests to the system manager identified above.
Record access procedures:
Address requests for access to the system manager identified above.
Clearly mark the envelope ``Privacy Access Request.'' Include in the
request the debtor's name, TIN, address, and any other identifying
information which may be of assistance in locating the record, e.g.,
name of the case or Federal agency to whom the debtor is indebted. In
addition, include the notarized signature of the debtor as well as the
name and address of the individual to receive the information if other
than the debtor.
Contesting records procedures:
Address requests to contest to the system manager identified above.
State clearly and concisely the information being contested, the
reasons for contesting it, and the proposed amendment to the
information.
Record source categories:
USAs on behalf of Federal agencies; DOJ components; DOD, USPS, IRS,
and the debtor.
Systems exempted from certain provisions of the act:
None.
JUSTICE/JMD-010
System name: Document Information System (DIS).
System location:
U.S. Department of Justice, 10th and Constitution Avenue NW,
Washington, DC 20530.
Categories of individuals covered by the system:
Employees of the Department of Justice who have been designated by the
Attorney General as authorized to classify documents. Employees of the
Department of Justice who have been delegated classifying authority by
designation of the Attorney General. Individuals (mostly aliens) about
whom documents exist which have been classified in the interest of
national security.
Categories of records in the system:
The system contains records of all documents classified by Department
of Justice employees. The system also contains a record on all
Department of Justice employees (from January 1, 1973 to present) who
have or have had the authority to classify documents.
Authority for maintenance of the system:
The system was established and is maintained pursuant to Executive
Order 11652.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The system is routinely used by the Interagency Classification Review
Committee, the Department of Justice Security Staff, and the
Department of Justice Review Committee.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress: Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to NARA and GSA in records management inspections conducted under
the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information is stored in machine readable form on magnetic tape. A
copy of the data capture form is maintained in the originating office
for two weeks, then destroyed. The original data capture form is
maintained at the Department until data contained therein has been
successfully processed, then the form is destroyed.
Retrievability:
Information is retrieved in any form for all routine uses. Information
may be retrieved for non-routine uses with the approval of the
Director, Central Management Services Staff, and in accordance with
the provisions of the Privacy Act.
Safeguards:
Access to information contained in the system is controlled by the
Director, Systems Operations Staff, Justice Management Division.
Access is normally limited to routine users and members of the Systems
Operations Staff, on a ``need-to-know'' basis.
Retention and disposal:
Records contained in the system are retained indefinitely. The system
of records is never purged and no disposal schedule is required.
System manager(s) and address:
Director, Security Staff, Justice Management Division, U.S. Department
of Justice, 10th and Constitution Avenue NW, Washington, DC 20530.
Notification procedure:
Address inquiries to the System Manager.
Record access procedures:
Same as the System Manager.
Contesting record procedures:
Same as the System Manager.
Record source categories:
Employees of the Department who have been designated by the Attorney
General as classifying officials and employees who have been delegated
classifying authority.
Systems exempted from certain provisions of the act:
None.
JUSTICE/JMD-011
System name:
Office of General Counsel (OGC) Correspondence and Advice Tracking
System (CATS).
System location:
United States Department of Justice (DOJ), Justice Management
Division, Office of General Counsel (OGC), Main Building, Washington,
DC 20530.
Categories of individuals covered by the system:
Individual(s) who have written to OGC; litigants in actions involving
the Justice Management Division; individuals requesting, through their
congressional representatives, information about matters pertaining to
JMD; contractors doing business with JMD; individuals corresponding
with DOJ on matters related to the Newspaper Preservation Act; and
individuals who are specifically identified in the subject matter
heading of the correspondence/requests for advice received by OGC.
Categories of records in the system:
Generally, OGC receives requests for legal assistance and provides
legal advice. In addition, OGC conducts legal sufficiency reviews;
responds to public and congressional inquiries; reviews financial
disclosure forms; conducts administrative litigation; and prepares
legal guidance on a variety of subjects and serves as clerk to the
Assistant Attorney General for Administration on matters relating to
the Newspaper Preservation Act. Also, OGC receives and reviews
summonses and complaints and determines whether a suit names the
Attorney General in an individual capacity.
Documents received that initiate, or respond, to requests for OGC
assistance, become the subject of reports that OGC stores
electronically in the system. Each report contains a number of
identifiers, (i.e., fields of data), that, when queried by name or
title (e.g., name of correspondent, control number, record date, name
of staff assigned to a record, record type (e.g., letter, memorandum,
pleading, etc.)), allows the user to search information stored in the
system, and to determine the status of assignments within OGC. OGC
creates a report for most correspondence received.
Authority for maintenance of the system:
5 U.S.C. 301.
Purpose(s):
The Correspondence and Advice Tracking System provides OGC with the
capability to control and track most of the correspondence and
requests for assistance. The electronic programming allows OGC staff
to search quickly through CATS and ascertain a variety of information
about the records. For example, OGC staff can direct CATS to search a
specific field of data maintained about a record, and identify the OGC
staff member assigned to the matter, or ascertain the date upon which
an OGC staff member must take an action with respect to the record
matter. Similarly, a CATS search can reveal if a matter in the OGC
assignment inventory has been completed, or has left the office for
review by another Department of Justice component. OGC staff using
CATS can insure timely responses to requests for legal advice;
eliminate the need of duplicative efforts on similar issues; and use
it as a management tool in allocating resources among OGC staff and
evaluating the performance of individuals assigned to matters; and/or
take any other action required. Information maintained that comes
within the coverage of the Privacy Act, will be provided by the
individual under most circumstances. For example, when a person files
suit against the Attorney General, OGC will create a report in CATS to
acknowledge the receipt of the suit, and include in the report the
name of the plaintiff.
Routine uses of records maintained in the system including categories of
users and purpose of such uses:
Use of CATS is limited to OGC staff, and DOJ officials who need access
to perform official duties. OGC staff uses the records in CATS,
primarily, for managing the flow of work within OGC; secondarily, for
tracking the movement of documents between offices within DOJ; and,
thirdly, to assist in the evaluation of OGC employee performance. OGC
would not disclose relevant information when using the records in
these ways because only those whose duties require access obtain
disclosure. OGC may disclose relevant information from this system as
follows:
(a) To other Federal agencies, or to State and local governments where
the record(s) concerns a matter which is also within the jurisdiction
of such agency, or of which such agency may otherwise have a
responsibility and only if such disclosure is appropriate to assure
complete action on the matter.
(b) To individuals, information about the date and circumstances of
service of process on the Attorney General where disclosure is deemed
necessary to evidence the filing of such a suit.
(c) In a proceeding before a court or administrative body before which
DOJ appears and when such records are determined by DOJ, or the
adjudicator, to be arguably relevant to the proceeding.
(d) To a Member of Congress, or staff of a member acting upon the
member's behalf, when the Member or staff requests the information on
behalf of, and at the request of, an individual who is the subject of
the record.
(e) To the National Archives and Records Administration and to the
General Services Administration in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
(f) 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.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
The system, a computerized data base, is stored on hard or floppy
disks, and any printed copy(ies) of records in the system may be
stored in binders, or folders that are maintained by OGC staff within
the offices of OGC.
Retrievability:
Data in the system are indexed by a number of identifiers (i.e.,
fields of data), such as the date of the incoming correspondence;
subject matter; name of transmitting office/individual; name of OGC
staff person handling the matter; control numbers assigned to the
record by OGC and/or the JMD Executive Secretariat; date of making the
record; record type, (e.g., request for legal assistance, contract
review, ethics, etc.); response due date, if any; etc.
Use of one, or more, of these identifiers, including a field
containing the name of an individual, permits a computerized search of
the data base, and the retrieval of a particular record(s).
Safeguards:
OGC maintains on the system unclassified data only. Access to
information stored in the automated data bases of the system requires
the use of the proper passwords and user identification codes. Hard
copies of records produced from the data base are maintained in the
possession of the Systems Manager. Only those OGC personnel who
require access to perform their official duties may access the
information in the system.
Retention and disposal:
Pursuant to the National Archives and Records Administration, General
Records Schedule 23, Item 8, OGC shall destroy or delete the
computerized reports that make up the system when those reports are no
longer needed.
System manager(s) and address:
General Counsel, Justice Management Division, U.S. Department of
Justice, Main Building, Room 6313, Washington, DC 20530.
Notification procedure:
Address requests to the system manager identified immediately above.
To obtain a specific record, provide the system manager with the name
of the individual who corresponded with OGC and the date of the
correspondence, and describe the subject matter of the correspondence.
Record access procedures:
Address requests to the system manager identified above and clearly
mark the request as a ``Privacy Access Request.''
Contesting record procedures:
Address a contest to the information retained in the system, or a
request to amend such record(s) to the system manager identified
above, and provide a clear and concise statement of the information
being contested, the reasons for making the contest, and state how the
proposed amendment should amend the record(s).
Record source categories:
OGC personnel enter into the system information obtained from staffs
within the Justice Management Division, other components of DOJ, other
Federal agencies, Congressional offices, the general public, parties
to litigation in which DOJ or the Justice Management Division is
involved.
System exempted from certain provisions of the act:
None.
JUSTICE/JMD-013
System name: Employee Locator File.
System location:
U.S. Department of Justice, 10th and Constitution Avenue NW,
Washington, DC 20530.
Categories of individuals covered by the system:
All employees of the U.S. Department of Justice, with the exception of
individuals employed by the Federal Bureau of Investigation.
Categories of records in the system:
The system contains information relating to each employee's home and
business address, home and business telephone number, information as
to next of kin, and personal physician preferred in case of medical
emergency.
Authority for maintenance of the system:
The system is maintained pursuant to 5 U.S.C. 301, 5 U.S.C. 7901, 26
U.S.C. 6011, 26 U.S.C. 6109, 5 U.S.C. 5516, 5 U.S.C. 5517 and 5 U.S.C.
5520.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The locator system is used to provide address data to federal, state
and local tax authorities in accordance with the reporting
requirements of their income tax withholding programs. The locator
system is also used to contact employees of the Department at their
official place of business or their residence regarding matters of an
official nature relating to their employment with the Department of
Justice. It is also used in medical emergencies to contact an
employee's personal physician if he or she has an indicated
preference, and to notify next of kin. Use of the file for these
purposes is limited to supervisors of the employees concerned or
individuals having the permission of a supervisor of the employee
concerned.
Release of information to the news media:
Information permitted to be released to the news media and the public
pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the Department of Justice 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.
Release of information to members of Congress:
Information contained in systems of records maintained by the
Department of Justice, not otherwise required to be released pursuant
to 5 U.S.C. 552, may be made available to a Member of Congress or
staff acting upon 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.
Release of information to the National Archives and Records
Administration (NARA) and the General Services Administration (GSA):
A record from a system of records may be disclosed as a routine use to
NARA and GSA in records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are stored on magnetic tape and magnetic disc.
Retrievability:
Records are retrieved by name or any other date item by means of
cathode-ray tubes.
Safeguards:
Access to terminals is limited to persons with terminal identification
numbers. These numbers are issued only to employees who have a need to
know in order to perform job functions relating to income tax
reporting or personnel matters.
Retention and disposal:
Records are retained for the duration of an individual's employment
with the Department. They are destroyed upon his or her separation.
System manager(s) and address:
Director, Finance Staff, Office of the Comptroller, Justice Management
Division, U.S. Department of Justice, 10th and Constitution Avenue NW,
Washington, DC 20530.
Notification procedure:
Same as System Manager.
Record access procedures:
Same as Notification.
Contesting record procedures:
Same as Notification.
Record source categories:
Information is supplied by the individual to whom the record pertains.
Systems exempted from certain provisions of the act:
None.
JUSTICE/JMD-016
System name: Employee Assistance Program Treatment and Referral
Records, JUSTICE/JMD-016.
System location:
Justice Management Division, Department of Justice, 10th St. &
Constitution Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system:
Current and former employees of the Offices, Boards and Divisions and,
upon occasion, of the Bureaus of the Department (as listed at 28 CFR
0.1); United States Attorney organizations; and the Office of Justice
Programs of the Department of Justice who have sought counseling or
been referred to or for treatment through the EAP. To the limited
degree that treatment and referral may be provided to family members
of these employees, these individuals, too, may be covered by the
system.
Categories of records in the system:
The system contains records of employees (and in limited cases,
employee family members) who have sought or been referred to the EAP
for treatment or referral. Examples of data found in such records
include: Notes and documentation of internal EAP counseling, records
of treatment and counseling referrals, records of employee attendance
at treatment and counseling programs, prognosis or treatment
information, documents received from supervisors or personnel on work
place problems or performance, home addresses and/or phone numbers,
insurance data, supervisors' phone number, addresses of treatment
facilities or individuals providing treatment, leave records, written
consent forms and abeyance agreements (see below), information on
confirmed unjustified positive drug tests, results from EAP treatment
drug tests and identification data, such as sex, job title and series,
and date of birth.
Authority for maintenance of the system:
42 U.S.C. 290dd, et seq. and 290ee, et seq.; 42 CFR part 2, et seq.;
Executive Order 12564, 5 U.S.C. 3301 and 7901; 44 U.S.C. 3101 and Pub.
L. No. 100-71, Sec. 503 (July 11, 1937).
Purpose(s):
These records are to be used by EAP personnel in the execution of the
counseling and rehabilitation function. They document the nature and
effects of employee problems and counseling by the EAP and referral
to, and progress and participation in, outside treatment and
counseling programs and the rehabilitation process. These records may
also be used to track compliance with agreements made to mitigate
discipline based upon treatment (abeyance agreements).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures permitted by the Privacy Act
itself,\1\ 5 U.S.C. 552a(b), permissive disclosures, without
individual consent, are as follows:
(a) To report, under State law, incidents of suspected child abuse or
neglect to appropriate State or local authorities.
(b) To the extent necessary to prevent an imminent and potential crime
which directly threatens loss of life or serious bodily injury.
\1\To the extent that release of alcohol and drug abuse records is
more restricted than other records subject to the Privacy Act, JMD
will follow such restrictions. See 42 U.S.C. 290dd and 290ee.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
All records are stored in paper folders in locked file cabinets in
accordance with 42 CFR 2.16.
Retrievability:
Records are indexed and retrieved by identifying number or symbol,
cross-indexed to employee names.
Safeguards:
Records are kept in a secure room in locked file cabinets. Only the
EAP Administrator or a designated staff member will access or disclose
the records.
Retention and disposal:
Records are retained for three years after the individual ceases
contact with the counselor unless a longer retention period is
necessary because of pending administrative or judicial proceedings.
In such cases, the records are retained for six months after the case
is closed. Records are destroyed by shredding or burning.
System manager(s) and address:
Director, Employee Assistance Programs, Justice Management Division,
Department of Justice, 10th St. & Constitution Avenue, NW, Washington,
DC 20530.
Notification procedure:
Address all inquiries to the system manager.
Record access procedures:
Make all requests for access in writing to the system manager
identified above. Clearly mark the envelope and letter ``Freedom of
Information Act/Privacy Act Requests.'' Provide the full name and
notarized signature of the individual who is the subject of the
record, the dates during which the individual was in counseling, any
other information which may assist in identifying and locating the
record, and a return address.
Contesting record procedures:
Direct all requests to contest or amend information to the system
manager identified above. The request should follow the record access
procedure, listed above, and should state clearly and concisely the
information being contested, the reason for contesting it, and the
proposed amendment thereof. Clearly mark the envelope ``Freedom of
Information Act/Privacy Act Request.''
Record source categories:
Records are generated by EAP personnel, referral counseling and
treatment programs or individuals, the employee who is the subject of
the record, personnel office and the employee's supervisor. In the
case of drug abuse counseling, records may also be generated by the
staff of the Drug-Free Workplace Program and the Medical Review
Officer.
Systems exempted from certain provisions of the act:
None.
JUSTICE/JMD-017
System name: Department of Justice (DOJ) Controlled Parking
Records.
System location:
U.S. Department of Justice, 10th Street and Constitution Avenue, NW,
Washington, DC 20530
Categories of individuals covered by the system:
DOJ employees and other Federal agency employees who have applied, and
are either participants or appear on a ``wait list,'' for vehicle
parking space which is assigned and controlled by the Department of
Justice, per Department of Justice Order 2540.2D, dated December 20,
1977. The system also covers former DOJ employees who participated in
the parking program during their employment.
Categories of records in the system:
Paper records including DOJ car/van pool space applications and
written requests for executive, unusual and handicapped parking
assignments. Computer records include data from the employee
applications and/or from personnel records. Data from personnel
records may include any data needed to process an application for
parking--such as that needed to verify employment e.g., Federal
service computation date, organization code, or that needed to
identify parking assignments that are no longer valid, e.g.,
separation date.
Authority for maintenance of the system:
5 U.S.C. 301; 40 U.S.C. 471 et seq.; Executive Order 12191; and
Federal Property Management Regulations at 41 CFR part 101-20.
Operating procedures are contained in DOJ Order 2540.2D, dated
December 20, 1977.
Purpose(s):
Information in the system will be used to assign, manage, and control
the use of vehicle parking spaces for which the Department of Justice
is responsible. Information in the system will be used also to verify
the validity of DOJ parking assignments and, similarly, to assist
other Federal agencies in verifying the accuracy and fairness of their
parking assignments.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records or information may be disclosed as is necessary to respond to
congressional inquiries on behalf of constituents.
Records may be disclosed to the National Archives and Records
Administration and to the General Services Administration in records
management inspections conducted under the authority of Title 44
U.S.C. 2904 and 2906.
(1) DOJ may provide an affirmative, negative or ``non-DOJ employee''
response to a Federal agency which inquires as to whether or not
individuals who are listed as DOJ employee participants in that
agency's parking program are also listed as participants in the DOJ
parking program; (2) DOJ may provide to any Federal agency either a
single employee name or a list of that agency's employees who are
participants in the DOJ parking program in order to elicit from that
agency an affirmative, negative, or ``non-employee'' response as to
whether the same individual(s) are listed as employee participants in
that agency's parking program. Because parking spaces may be assigned
according to a variety of established priorities among Federal
agencies and, in some instances, according to specific criteria, e.g.,
carpools with the greatest number of participants (except in a tie),
disclosure would enable another Federal agency (in the first instance)
and DOJ (in the second instance) to review the validity of parking
space assignments, identify and take appropriate action with respect
to those who violate parking assignment policies (as set forth in
published agency operating procedures and policies), and thus allocate
spaces fairly.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
These records are stored in a locked file cabinet and on the IBM main
frame computer at the Justice Data Computer Center.
Retrievability:
DOJ employee parking records are retrieved by employee name directly
and/or by asking the system to segregate a list, by name, of those who
work for a particular DOJ component. Former DOJ employee names are
retrieved by asking the system to segregate a list, by name, of those
parking participants who have separated from employment with DOJ.
Other Federal agency employee names are retrieved by asking the system
to segregate a list, by name, of those parking participants who are
employees of a particular Federal agency.
Safeguards:
Records are in a locked room during non-duty hours. In addition, paper
records are kept in a locked filing cabinet; and the computer is key-
locked and has password protection. Information is disseminated to
those employees who have a need-to-know to perform their duties.
Retention and disposal:
Parking assignments are revalidated annually. Paper and automated
parking records are retained for the duration of an individual's
parking assignment and disposed of in accordance with General Records
Schedule, 36 CFR 1228.22.
System manager(s) and address:
Assistant Director, Property Management Services, Facilities and
Administrative Services Staff, Information and Administrative
Services, Justice Management Division, U.S. Department of Justice,
10th Street and Constitution Avenue, NW, Washington, DC 20530.
Notification procedure:
Address requests to the system manager.
Record access procedures:
Address requests to the system manager.
Contesting record procedures:
Address requests to the system manager.
Record source categories:
Employee applications; personnel records.
Systems exempted from certain provisions of the act:
None.
JUSTICE/JMD-018
System name:
Delegations of Procurement Authority, Justice/JMD-018.
System location:
Management and Planning Staff, Department of Justice, National Place
Building, Room 1400, 1331 Pennsylvania Avenue, NW, Washington, DC
20530.
Categories of individuals covered by the system:
All Department of Justice procurement personnel in the GS/GM 1102 and
other series who are actively engaged in the acquisition process and
who are or will be designated as contracting officers, or are
authorized to obligate the Government contractually.
Categories of records in the system:
Individual delegations of procurement authority files will contain
information on the employees grade/series, job title, employing bureau
location, education, procurement experience and procurement-training,
type of delegation, level of signatory authority, effective date of
entry into the program and experience code and any related
correspondence.
Authority for maintenance of the system:
28 U.S.C. 507, 509 and 510; 41 U.S.C. 257; 5 U.S.C. 301; 28 CFR
0.75(d) and 0.75(j); and Executive Order 12352.
Purpose(s):
Individual delegations of procurement authority files will be used to
support a newly established Contracting Officer Standards Program
which will serve as a basis to establish Department-wide training and
experience standards for issuing contracting officer delegations and
to ensure the standards are met. In addition, the files will be used
by the Procurement Executive to manage and enhance career development
of the Department's procurement work force.
Routine uses of records maintained in the system, including categories
of users and the purpose of such uses:
(1) Records or information may be disclosed as a routine use in a
proceeding before a court or adjudicative body before which the
Department 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 Department to be arguably relevant to the
litigation: The Department, or any of the Department's components or
its subdivisions; any Department employee in his or her official
capacity, or in his or her individual capacity where the Department of
Justice agrees to represent the employee; or the United States where
the Department determines that the litigation is likely to affect it
or any of the Department's components or its subdivisions.
(2) Records or information permitted to be released to the news media
and the public pursuant to 28 CFR 50.2 may be made available 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.
(3) Records or information may be disclosed as is necessary to respond
to congressional inquiries on behalf of constituents.
(4) Records may be disclosed to the National Archives and Records
Administration and to the General Services Administration in records
management inspections conducted under the authority of title 44
U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Originals of paper records are kept in standard file cabinets.
Duplicates of original paper records will be stored electronically in
the Department's main frame computer.
Retrievability:
Records are retrieved by name of employee.
Safeguards:
Paper records are stored in metal filing cabinets and electronic
records are stored on the Department's main frame computer. Offices in
the National Place Building are occupied during the day and are
electronically secured at night. Access to records is restricted to
authorized personnel with official and electronic identification.
Retention and disposal:
Files are maintained until the employee leaves the Department at which
time paper records are destroyed and electronic records erased.
System manager(s) and address:
The system manager is the Director, Management and Planning Staff,
Justice Management Division, Department of Justice, National Place
Building, Room 1400, 1331 Pennsylvania Avenue, NW, Washington, DC
20530.
Notification procedures:
Direct inquires to the system manager identified above, Attention:
FOI/PA Officer. Clearly mark the letter and envelope ``Freedom of
Information/Privacy Act Request.''
Record access procedures:
Make all requests for access in writing and clearly mark the letter
and envelope ``Freedom of Information/Privacy Act Request.'' Clearly
indicate the name of the requester, nature of the record sought,
approximate date(s) of the record(s); and, provide the required
verification of identity (28 CFR 16.41(d)). Direct all requests to the
system manager identified above, attention FOI/PA Officer, and,
provide a return address for transmitting the information.
Contesting record procedures:
Direct all requests to contest or amend information to the system
manager listed above. State clearly and concisely the information
being contested, the reasons for contesting it, and the proposed
amendment to the information sought. Clearly mark the letter and
envelope ``Freedom of Information/Privacy Act Request.''
Record source categories:
Information contained in the system is collected from the individual
training personnel, and general personnel records.
Systems exempted from certain provisions of the act:
None.
JUSTICE/JMD-019
System name: Freedom of Information Act-Privacy Act (FOIA-PA)
Records System.
System location:
U.S. Department of Justice, Justice Management Division, 10th and
Constitution Avenue NW, Washington, DC 20530.
Categories of individuals covered by the system:
Persons who have made a request to access any Justice Management
Division (JMD) record relating to JMD functional responsibilities and
activities; individuals who have made a request to access or correct
records pertaining to themselves which they believed to be in JMD
systems of records; and persons who, on behalf of another individual,
have made a request to access or correct that individual's records
which they believed to be in JMD systems of records. Such requests
were made pursuant to the Freedom of Information Act, the Privacy Act,
or both.
Categories of records in the system:
Manual records contain Freedom of Information Act and Privacy Act
requests for JMD records, responses thereto, and where applicable, a
copy of the records requested and any other correspondence or internal
memoranda related to the processing of these requests. Automated
records (stored on disks) contain summary data such as the date of
request, name of requester, addressee, subject of request, date
request was received, JMD staff to which request were assigned, date
request was assigned, date response was due, control number, and date
of response.
Authority for maintenance of the system:
This system is established and maintained pursuant to 44 U.S.C. 3101
and is maintained to implement the provision of 5 U.S.C. 552 and 552a
and the provision of 28 CFR 16.1 et. seq, and 28 CFR 16.40 et seq.
Purpose(s):
To assist the Justice Management Division in carrying out its
responsibilities under the Freedom of Information Act and the Privacy
Act.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
A record maintained in the system may be disseminated as a a routine
use of such record as follows: (1) A record may be disseminated to a
Federal agency which furnished the record for the purpose of
permitting a decision as to access or correction to be made by that
agency, or for the purpose of consulting with that agency as to the
propriety of access or correction; (2) a record may be disseminated to
any appropriate federal, state, local, or foreign agency for the
purpose of verifying the accuracy of information submitted by an
individual who has requested amendment or correction of records,
contained in a system of records maintained by the Justice Management
Division.
Release of information to the news media:
Information permitted to be released to the news media and the public
pursuant to 28 CFR 50.2 may be made available from systems or records
maintained by the Department of Justice 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.
Release of information to members of congress:
Information contained in systems of records maintained by the
Department of Justice, nor otherwise required to be released pursuant
to 5 U.S.C. 552, may be made available to a Member of Congress or
staff acting upon the Members' 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.
Release of information to the National Archives and Records
Administration (NARA) and the General Service Administration (GSA):
A record from a system of records may be disclosed as a routine use to
NARA and GSA in records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Manual requests records are stored in locked safes. Automated requests
records are stored on disks.
Retrievability:
Requests records are filed and retrieved under the names of those
persons and individuals identified under the caption ``Categories of
individuals covered by the system. These records are retrieved by
Department personnel to perform their duties, e.g., when subsequent
requests are made by the public for copies of their previous requests
and responses thereto, or when the requester submits a supplemental
request to information clarifying a previous request.
Safeguards:
Access to requests records is limited to Department of Justice
personnel who have need for the records to perform their duties.
Request files (manual records) are stored in locked safes. All records
are stored in an office which is occupied during the day and locked at
night.
Retention and disposal:
Records are disposed of in accordance with items 16 through 18 and 25
through 28 of General Records Schedule 14.
System manager(s) and address:
Assistant Attorney General for Administration, U.S. Department of
Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
Notification procedure:
Same as the System Manager.
Record access procedures:
A request to access a record in this system shall be made in writing
to the system manager named above with the envelope and letter clearly
marked ``Freedom of Information Act request'' or ``Privacy Act
request.'' The requester shall include the full name of the person who
made a request, date of that request, name of official to whom the
request was addressed, and subject of the request. Where applicable
(Title 28 of the Code of Federal Regulations section 16.41(b) (2) and
(3)), the requester shall also include the current address, date and
place of birth, and notarized signature of the individual requesting a
copy of his/her previous request and response thereto. Where
applicable (Title 5 of the United States Code, section 552a(b)), the
requester shall also include a written statement authorizing the
Department to release these records to a third party. In addition, the
requester shall provide his return address.
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.
Record source categories:
The sources of information contained in this system are the
individuals and persons making requests, the systems of records
searched in the process of responding to requests, and other agencies
referring requests for access to or correction of records originating
in the Justice Management Division.
Systems exempted from certain provisions of the act:
The Attorney General has exempted certain categories of records in
this system from subsections (c)(3) and (d) of the Privacy Act
pursuant to 5 U.S.C. 552a(k)(2). That is, the exemptions apply only to
the extent that other correspondence or internal memoranda retained
with the request file contain investigatory material for law
enforcement purposes. 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.
JUSTICE/JMD-020
System name: Freedom of Information Act/Privacy Act (FOIA/PA)
Request Letters.
System location:
FOIA/PA Referral Unit, Mail, Fleet and Records Management Services,
General Services Staff, Justice Management Division, Department of
Justice (DOJ), Washington, DC 20530
Categories of individuals covered by the system:
Persons making FOIA/PA requests to the Department. (The names of
persons making requests directly to the Board of Immigration Appeals
(BIA), individual United States Attorneys' Offices, or a Department
bureau, i.e., the Bureau of Prisons, the Drug Enforcement
Administration, the Federal Bureau of Investigation, the Office of
Justice Assistance, Research and Statistics, and the Immigration and
Naturalization Service, will not usually be in this system, except in
those rare instances where these organizations may forward a request
to the Department for appropriate referral.)
Categories of records in the system:
Paper documents consist of written FOIA/PA requests for Department
records not addressed to a specific DOJ component and therefore
forwarded to the unit for assignment and referral; forms indicating
the DOJ components to which requests have been referred;
acknowledgement/referral advisory letters to requesters; and other
related correspondence, e.g., letters to requesters seeking additional
information and the responses thereto. (This system contains no
replies which grant or deny access to records, nor any other records
relating to the individual other than as stated here.)
Authority for maintenance of the system:
44 U.S.C. 3101; 5 U.S.C. 552 and 552a; 28 CFR 16.1-.10; and 28 CFR
16.40-.57.
Purpose(s):
To assist the Department in carrying out its responsibilities under
the Freedom of Information Act and the Privacy Act.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These records are not disseminated outside the Department except as
indicated below. They are accessed only by Department personnel with a
need to know, i.e., requests are referred by the FOIA/PA referral unit
to the appropriate Department component(s) to respond, or to the Civil
Division and/or United States Attorney to prepare the Department's
defense in FOIA/PA litigation.
Release of information to the news media:
Information permitted to be released to the news media and the public
pursuant to 28 CFR 50.2 may be made available 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.
Release of Information to Members of Congress:
Information in this system may be disclosed as is necessary to
appropriately respond to Congressional inquiries on behalf of
constitutents.
Release of Information to the National Archives and Records
Administration (NARA) and the General Services Administration (GSA):
A record may be disclosed as a routine use to NARA and GSA in records
management inspections conducted under the authority of 44 U.S.C. 2904
and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are stored in paper folders in filing cabinets.
Retrievability:
A record is retrieved by name of the individual making the request.
Safeguards:
Records are stored in file cabinets in an office which is occupied
during the day and locked at night.
Retention and disposal:
Records are retained in the FOIA/PA mail referral section for
approximately one year. Records are then transferred to the Federal
Records Center for storage in accordance with the General Services
Administration's General Records Schedule 14, item 18(a) which
provides for a disposal date of five years from the date of the most
recent request being stored.
System manager(s) and address:
Assistant Director, Mail, Fleet and Records Management Services,
General Services Staff, Justice Management Division, Washington, DC
20530.
Notification procedure:
Inquiries as to whether the system contains a record of a request from
an individual should be addressed to the Assistant Director, Mail,
Fleet and Records Management Services, General Services Staff (GSS),
Justice Management Division, Department of Justice, Room 7317, 10th
and Constitution Avenue, NW, Washington, DC 20530. To enable the GSS
to identify whether the system contains a request from the individual,
the individual must provide the name of the person who made the
request, the date of the request, and, if appropriate, the date of the
Assistant Director's letter to the requester acknowledging receipt and
referral of the request.
Record access procedures:
Persons desiring to access a record shall submit a request in writing
to the Assistant Director at the address indicated under
``Notification Procedure'' above.
Contesting record procedures:
Same as above.
Record source categories:
Request from individuals for DOJ records under the Freedom of
Information and Privacy Acts.
Systems exempted from certain provisions of the act:
None.
LAND AND NATURAL RESOURCES DIVISION
JUSTICE/LDN - 001
System name: Appraisers File.
System location: U.S. Department of Justice, 10th and Constitution
Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system: Appraisers who have
indicated their availability for appraisal of real property proposed
to be acquired by the United States.
Categories of records in the system: Alphabetized list, alphabetized
index cards, and associated papers including application and
information relating to qualifications.
Authority for maintenance of the system: The system is established and
maintained as an incident of such of the statutory authority of the
Attorney General relating to the conduct of litigation as he has
delegated to the Land and Natural Resources Division (28 U.S.C. 509
and 510, and 28 CFR subpart M), particularly the authority to
conduct proceedings for condemnation of property (see 40 U.S.C. 257
et seq.).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: The records are utilized in
compiling a list of individual appraisers, with their
qualifications, who have indicated their availability for appraisal
of real property proposed to be acquired by the United States, for
use by Federal agencies and the Department of Justice for
acquisitions involving or which may finally involve exercise of the
power of eminent domain.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration: A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) in records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Information is maintained in form received.
Retrievability: Information is retrieved by alphabetized name of the
subject.
Safeguards: Information contained in the system is unclassified. It is
safeguarded in accordance with Departmental rules and procedures
governing Justice records.
Retention and disposal: Records are retained during their useful life
and are subject to destruction 15 years after the pertinent subject
has ceased to be in an active status.
System manager(s) and address: Chief, Administrative Section, Land and
Natural Resources Division, U.S. Department of Justice, 10th and
Constitution Avenue, NW, Washington, DC 20530.
Notification procedure: Address inquiries to the Assistant Attorney
General, Land and Natural Resources Division, U.S. Department of
Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
Record access procedures: A request for access to a record from this
system shall be made in writing, with the envelope and the letter
clearly marked `Privacy Access Request`, and the system and record
sufficiently described in the letter for identification.
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.
Record source categories: Sources of information contained in this
system are principally the applicant and his references, which
sources may be supplemented by others having knowledge of the
applicant's professional qualifications.
Systems exempted from certain provisions of the act: None.
JUSTICE/LDN - 002
System name: Congressional Correspondence File.
System location: U.S. Department of Justice, 10th and Constitution
Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system: Senators and
Congressmen.
Categories of records in the system: This file contains the
correspondence had by the Land and Natural Resources Division with
Members of the Congress.
Authority for maintenance of the system: This file is maintained
pursuant to requirements for maintenance of records by Federal
agencies (see 44 U.S.C. 3101 et seq.).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: This file is routinely
consulted by personnel of the Land and Natural Resources Division to
determine past actions on specific matters and to expedite any
additional action as to which there is correspondence with a Member
of the Senate or House of Representatives.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration: A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) in records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Information is maintained in form received.
Retrievability: Information is retrieved by alphabetized name of the
subject.
Safeguards: Information contained in the system is unclassified. It is
safeguarded in accordance with Departmental rules and procedures
governing Justice records.
Retention and disposal: Records are retained during their useful life
and are subject to destruction 15 years after the pertinent subject
has ceased to be in an active status.
System manager(s) and address: Chief, Administrative Section, Land and
Natural Resources Division, US Department of Justice, 10th and
Constitution Avenue, NW, Washington, DC 20530.
Notification procedure: Address inquiries to the: Assistant Attorney
General, Land and Natural Resources Division, US Department of
Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
Record access procedures: A request for access to a record from this
system shall be made in writing, with the envelope and the letter
clearly marked `Privacy Access Request`, and the system and record
sufficiently described in the letter for identification.
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.
Record source categories: The sole sources of the information in this
system are the Senators or Congressmen with whom the correspondence
is conducted.
Systems exempted from certain provisions of the act: None.
JUSTICE/LDN-003
System name: Lands Docket Tracking System.
System location:
U.S. Department of Justice, 10th and Constitution Avenue, NW,
Washington, DC 20530.
Categories of individuals covered by the system:
The individuals on whom records are maintained in the Lands Docket
Tracking System are as follows:
1. Those individuals who have been charged with civil or criminal
violations or whose names may appear in the case name or subject name
of a matter coming to the attention of the Land and Natural Resources
Division for possible litigation including those individuals or
corporations which have sued the United States;
2. Those individuals who are currently under investigation for civil
or criminal violations; and
3. Those individuals who are a direct party to a case or matter.
Categories of records in the system:
The data in the Lands Docket and Tracking System fall into the
following major categories:
1. Information about the Department of Justice (DOJ) case.
Administrative information dealing with the case or matter including
the DOJ file number, client agency, court of origin, opposing party,
title, section, and associated data.
2. Information about the calendar. Includes key dates in tracking the
docket of the case or matter.
3. Information about events concerning the case or matter. Tracks all
activities related to the DOJ number including correspondence and
court events.
4. Information about party. Includes the name of the individual, the
type of party this individual is in relation to the case or matter,
and the state of the party.
5. Information by tract. Only included with cases dealing with Land
Acquisition. This record includes tract finances, participants,
owners, events, court, estate type, and payees.
6. Information about the court. Includes the criminal/civil action
number, court, and the judicial officer.
7. Information on status. Includes actions, dates, and reasons which
affect the status of a case or matter.
8. Information on appellate action. Includes items relating to
appellate actions taken relative to the case.
Authority for maintenance of the system:
The system is established and maintained as an incident of such of the
statutory authority of the Attorney General relating to the conduct of
litigation as he has delegated to the Land and Natural Resources
Division. (5 U.S.C. 301)
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These records are used by personnel of the Division as an aid in
determining the existence in the Division of a matter relating to the
named case or subject, and to facilitate appraisal of the status of
the pertinent matter for the purpose of taking timely appropriate
action relating thereto.
Reports are continually produced to monitor the progress of the
caseload and the utilization of Division resources.
Release of information to the News Media:
Information permitted to be released to the news media and the public
pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the Department of Justice 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.
Release of information to members of Congress:
Information contained in systems of records maintained by the
Department of Justice, not otherwise required to be released pursuant
to 5 U.S.C. 552, may be made available to a Member of Congress or
staff acting upon 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.
Release of Information to the National Archives and Records
Administration (NARA) and the General Services Administration (GSA):
A record from a system of records may be disclosed as a routine use to
the NARA and GSA in records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
These records are stored on magnetic tapes and discs at the Justice
Management Division Data Center. Printouts from the terminals and from
the Data Center which include status and statistical reports are
stored in locked files and offices of Division management.
Retrievability:
Information is retrieved on data display terminals which are located
in various work stations throughout the Division. Identifiers used in
retrieval operations include party name, court, date, status, section,
case type, and assigned attorney.
Safeguards:
The magnetic tapes and discs are located in the Justice Data Center
which maintains controlled access to the building and additional
controlled access to the computer installation. The data display
terminals are located within secured DOJ work areas, and operators can
only access information through the utilization of passwords and
special identification numbers.
Retention and disposal:
The records are retained within the system during their useful life
after which they will be off-loaded onto magnetic tape, stored in a
secured vault, leaving a skeletal trail in the on-line data base.
System manager(s) and address:
Chief, Systems Group, Land and Natural Resources Division, U.S.
Department of Justice, 10th and Constitution Avenue NW, Washington, DC
20530.
Notification procedure:
Address inquiries to the Assistant Attorney General, Land and Natural
Resources Division, U.S. Department of Justice, 10th and Constitution
Avenue NW, Washington, DC 20530.
Record access procedures:
A request for access to a record from this system shall be made in
writing, with the envelope and the letter clearly marked `Privacy
Access Request', and the system and record sufficiently described in
the letter for identification.
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.
Record source categories:
Sources of information contained in this system are the
correspondence, pleadings, and other indices of developments regarding
the pertinent case or subject, from wheresoever received.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c)(3)
and (d) of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). 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.
JUSTICE/LDN - 004
System name: Title Abstractors, Attorneys and Insurance
Corporations File.
System location: U.S. Department of Justice, 10th and Constitution
Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system: Abstractors, Attorneys
and Insurance Corporations requesting approval for preparation of
title evidence in land acquisitions by the United States.
Categories of records in the system: Alphabetized list, alphabetized
index cards, and associated papers including application and
information relating to qualifications.
Authority for maintenance of the system: The system is established and
maintained, as an incident to carrying out the statutory requirement
(R.S. 355; 40 U.S.C. 255) that the Attorney General pass on title to
land acquired by the United States or delegate such responsibility
in accordance with regulations promulgated by him (see 28 CFR 0.66).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: These records are utilized
in compiling a list of those abstractors, attorneys and insurance
corporations which are approved, for advising agencies of the United
States as to the fact of such approval and consequent eligibility
for preparation of title evidence.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
A record from a system of records may be disclosed as a routine use
to the National Archives and Records Administration (NARA) in records
management inspections conducted under the authority of 44 U.S.C. 2904
and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Information is maintained in form received.
Retrievability: Information is retrieved by alphabetized name of the
subject.
Safeguards: Information contained in the system is unclassified. It is
safeguarded in accordance with Departmental rules and procedures
governing Justice records.
Retention and disposal: Records are retained during their useful life
and are subject to destruction 15 years after the pertinent subject
has ceased to be in an active status.
System manager(s) and address: Chief, Administrative Section, Land and
Natural Resources Division, U.S. Department of Justice, 10th and
Constitution Avenue, NW, Washington, DC 20530.
Notification procedure: Address inquiries to the: Assistant Attorney
General, Land and Natural Resources Division, US Department of
Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
Record access procedures: A request for access to a record from this
system shall be made in writing, with the envelope and the letter
clearly marked `Privacy Access Request`, and the system and record
sufficiently described in the letter for identification.
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.
Record source categories: Sources of information contained in this
system are the Abstractors, Attorneys and Insurance Corporations
involved and the United States Attorneys for the districts in which
they principally do business, with the latter supplementing his
personal knowledge with information from local banks, clients and
other sources having knowledge reflecting on the professional
qualifications of the subject involved.
Systems exempted from certain provisions of the act: None.
JUSTICE/LDN-005
System name: Freedom of Information Act and Privacy Act Records
System.
System location:
U.S. Department of Justice, 10th and Constitution Avenue, NW,
Washington, DC 20530.
Categories of individuals covered by the system:
All persons who request, under the Freedom of Information and Privacy
Acts, access to or copies of records maintained by the Land and
Natural Resources Division.
Categories of records in the system:
This system contains, in alphabetical order, requests, under the
Freedom of Information and Privacy Acts, for access to Division
records, responses thereto and related materials.
Authority for maintenance of the system:
5 U.S.C. 552.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The system is used: (a) To maintain records concerning the processing
and determination of requests for information made pursuant to the
Freedom of Information Act and the Privacy Act; (b) to provide
documentation of receipt and processing of requests for information
made pursuant to the Freedom of Information Act and the Privacy Act if
needed for processing contested denials of release of data; (c) to
furnish information to employees of the Department of Justice who have
a need for information from the system in performance of their duties;
(d) to maintain a count of requests and method of compliance as
required by the Freedom of Information Act and the Privacy Act.
Release of information to the news media:
Information permitted to be released to the news media and the public
pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the Department of Justice 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.
Release of information to Members of Congress:
Information contained in systems of records maintained by the
Department of Justice, not otherwise required to be released pursuant
to 5 U.S.C. 552, may be made available to a Member of Congress or
staff acting upon 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.
Release of information to the National Archives and Records
Administration: A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) in records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information is maintained in form received.
Retrievability:
Information is retrieved by alphabetized name of the subject.
Safeguards:
Information contained in the system is unclassified. It is safeguarded
in accordance with Departmental rule, and procedures governing Justice
records.
Retention and disposal:
Records are retained during their useful life and are subject to
destruction 15 years after the pertinent subject has ceased to be in
an active status.
System manager(s) and address:
Division Control Officer, Land and Natural Resources Division, U.S.
Department of Justice, 10th and Constitution Avenue, NW, Washington,
DC 20530.
Notification procedure:
Address inquiries to the: Assistant Attorney General, Land and Natural
Resources Division, U.S. Department of Justice, 10th and Constitution
Avenue, NW, Washington, DC 20530.
Record access procedures:
A request for access to a record from this system shall be made in
writing, with the envelope and the letter clearly marked ``Privacy
Access Request'' and the system and record sufficiently described in
the letter for identification.
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.
Record source categories:
Source of information contained in this system is the applicant for
information.
Systems exempted from certain provisions of the act:
Records secured from other Land and Natural Resources Division systems
of records have been exempted from the provisions of the Privacy Act
to the same extent as the systems of records from which they were
obtained. The Attorney General has also exempted certain categories of
records in this system from subsection (c) (3) and (d) of the Privacy
Act pursuant to 5 U.S.C. 552a(k)(2). 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.
JUSTICE/LDN-006
System name: Citizens' Mail File.
System location: U.S. Department of Justice, 10th and Constitution
Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system: All private persons
whose correspondence is directly or indirectly routed to the Land
and Natural Resources Division for action or response.
Categories of records in the system: Alphabetized file, by last name of
correspondent, containing his/her correspondence and any reply
thereto; annual docket which identifies all mail received and
disposition thereof.
Authority for maintenance of the system: This file is maintained
pursuant to requirements for maintenance of records by Federal
agencies (see 44 U.S.C. 3101 et seq.).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: This file is routinely
consulted by personnel of the Land and Natural Resources Division to
determine past action on specific matters and to expedite action on
additional correspondence received from the individual file subject.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress: Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration: A record from a system of records may be disclosed as
a routine use of the National Archives and Records Administration
(NARA) in records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Information is stored in file folders in form received, or in
photostatic copies if additional referral for response has become
necessary.
Retrievability: Information is retrieved by alphabetized name of the
subject.
Safeguards: Information contained in the system is unclassified. It is
safeguarded in accordance with Departmental rules and procedures
governing Justice records.
Retention and disposal: Records are retained in the alphabetical file
for a year. At the end of that time, they are transferred to the
File Unit, Land and Natural Resources Division, where they are
segregated and refiled according to Department of Justice file
number and date. Records are subject to destruction 15 years after
the pertinent subject has ceased to be in an active status.
System manager(s) and address: Division Control Officer, Land and
Natural Resources Division, U.S. Department of Justice, PO Box 7415,
Washington, DC 20044.
Notification procedure: Address inquiries to the Assistant Attorney
General, Land and Natural Resources Division, U.S. Department of
Justice, PO Box 7415, Washington, DC 20044.
Record access procedures: A request for access to a record from this
system shall be made in writing to the system manager with the
envelope and the letter clearly marked ``Privacy Access Request.''
The request shall identify the system and sufficiently describe the
record sought.
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.
Record source categories: Sources of information contained in this
system are the individual subjects with whom correspondence is
conducted, and in appropriate cases, those agencies furnishing
information to assist in responding to the subjects.
Systems exempted from certain provisions of the act: None.
NATIONAL DRUG INTELLIGENCE CENTER
JUSTICE/NDIC-001
System name: National Drug Intelligence Center Data Base
(JUSTICE/NDIC-001).
System location:
The primary location of the system will be the National Drug
Intelligence Center, 319 Washington Street, 5th Floor, Johnstown, PA
15907. In addition, information in the NDIC Data Base will be
retrieved at the NDIC Washington area office, located at Suite 1001,
8201 Greensboro Drive, McLean, VA 22102.
Categories of individuals covered by the system:
1. Individuals suspected of, charged with, or convicted of, illicit
narcotic trafficking or activities related thereto.
2. Non-implicated persons with pertinent knowledge of some
circumstances or aspect of a case or record subject; such persons may
include witnesses or associates of record subjects.
Categories of records in the system:
Records may contain any information, including but not limited to
personal identification data, which may assist the National Drug
Intelligence Center (NDIC) in fulfilling its responsibilities to
collect, consolidate, analyze, and coordinate multi-source drug
intelligence data from all national security and law enforcement
agencies; to produce information regarding the structure, finances,
communications and activities of drug trafficking organizations and
their memberships; and to make such information available, as
appropriate, to domestic and foreign law enforcement agencies and to
agencies of the U.S. foreign intelligence community. Information will
include any data that may assist law enforcement agencies and agencies
of the U.S. foreign intelligence community in executing their
responsibilities with respect to counterdrug enforcement, including
identification, location, arrest and prosecution of persons for
narcotics trafficking and related activities and civil proceedings
related to such enforcement activities. Such information may be
derived from investigative and intelligence reports prepared by law
enforcement agencies and agencies of the U.S. foreign intelligence
community, from documents or other record media seized by law
enforcement agencies and made available to NDIC for exploitation, and
publicly available information such as media reports and commercially
acquired data bases. Records may also include information on persons
not implicated in narcotics trafficking or related activities, but
with pertinent knowledge of some circumstance of a case or record
subject. Such records may contain any information, including but not
limited to personal identification data, which may assist NDIC in
discharging its responsibilities generally, e.g., information which
may assist in identifying and locating such persons.
Authority for maintenance of the system:
Sec. 9078, Pub. L. 102-396.
Purpose(s):
This system of records will allow the NDIC to collect and consolidate
information from multiple sources, including law enforcement agencies
and agencies of the U.S. foreign intelligence community, in order to
be able to produce a more complete picture of the activities of drug
trafficking organizations and their memberships than any one such
agency can produce by itself. The system will enable NDIC to provide
the results of its analyses and other relevant information acquired by
it, to Federal, State, and local law enforcement and regulatory
agencies, to certain foreign law enforcement agencies, and to agencies
of the U.S. foreign intelligence community, to assist them in
fulfilling their responsibilities with respect to enforcement of law
related to drug trafficking, including civil proceedings related to
enforcement of such laws.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Relevant information contained in this system of records may be
disclosed as follows:
1. To the appropriate Federal, State, local, or foreign agency
responsible for investigating, enforcing, or implementing a statute,
rule, regulation, or order, to the extent that the information is
relevant to the recipient's law enforcement function.
2. To the Department of Defense, and components thereof, to support
its role in the detection and monitoring of the transportation of
illegal drugs into the United States or such other roles in support of
counterdrug law enforcement as may be permitted by law.
3. To individuals or organizations, including Federal, State, local or
foreign agencies, in the course of counterdrug law enforcement
efforts, to the extent necessary to elicit information pertinent to
counterdrug law enforcement.
4. To the news media, to the extent releasable in accordance with 28
CFR 50.2, and provided, in each case, that release of the specific
information in that situation would not constitute an unwarranted
invasion of personal privacy.
5. To the Department of State, and to agencies of the U.S. foreign
intelligence community, to further the efforts of those agencies with
respect to the national security and foreign affairs aspects of
international drug trafficking.
6. To Members of Congress, or their staffs acting upon the Members'
behalf, when they request the information on behalf of and at the
request of the individuals who are the subjects of the respective
records.
7. 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.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are stored on computer at NDIC's headquarters in Johnstown,
Pennsylvania and retrieved both there and at NDIC's Washington area
office. Some information, including investigative files and
information incorporated into analytical products, may be retained in
hard copy format in file folders.
Retrievability:
Access to individual records is gained by use of data retrieval
capabilities of computer software acquired and developed for
processing of information in the NDIC Data Base. Data will be
retrieved through a number of criteria, including personal identifying
information such as name.
Safeguards:
The NDIC Data Base is protected by both physical security methods and
dissemination and access controls. Fundamental in all cases is that
all access to information is limited by a system of password and
access control to those NDIC personnel or representatives of other
agencies with a demonstrated and lawful need to know the information
in order to perform assigned functions. All NDIC personnel capable of
accessing the NDIC Data Base will have successfully passed a
background investigation, and access by such persons will be limited
to those having a ``need to know.'' All accesses to the data base,
both internal and external, will be electronically recorded, and such
records will be reviewed periodically to ensure against inappropriate
access. The NDIC Data Base will be retained within a 24-hour guarded
facility which is secured by intruder alarms and other appropriate
physical security devices.
Retention and disposal:
A schedule for the retention and disposal of these records is under
review and development.
System manager(s) and address:
Director, National Drug Intelligence Center, 319 Washington Street,
5th Floor, Johnstown, PA 15907.
Notification procedures
Inquires should be addressed to: Chief, Administration Branch,
National Drug Intelligence Center, 319 Washington Street, 5th Floor,
Johnstown, PA 15907.
Record access procedures:
Same as above.
Contesting record procedures
Same as above.
Record source categories:
Information provided by Federal, State, local and foreign law
enforcement agencies; agencies of the U.S. foreign intelligence
community; and open sources, such as broadcast and print media and
publicly available data bases.
Systems exempted from certain provisions of the act
The Attorney General has exempted this system from subsections (c)(3)
and (4); (d); (e)(1), (2) and (3); (e)(4)(I); (e)(5) and (8); and (g)
pursuant to 5 U.S.C. 552a(j)(2). In addition, the Attorney General has
exempted the system from subsections (c)(3), (d), (e)(1) and (e)(4)(I)
pursuant to 5 U.S.C. 552a(k) (1) and (2). 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.
OFFICE OF THE INSPECTOR GENERAL
JUSTICE/OIG-001
System name: Office of the Inspector General Record Index
(JUSTICE/OIG-001).
System location:
U.S. Department of Justice, 10th and Constitution Avenue, NW,
Washington, DC 20530.
Categories of individuals covered by the system:
In connection with its investigative duties, the Office of the
Inspector General (OIG) will maintain records on the following
categories of individuals:
a. Individuals or entities who are or have been the subject of
inquiries or investigations conducted by the OIG including current and
former employees of the Department of Justice, current and former
consultants, contractors, and subcontractors with whom the Department
has contracted and their employees, grantees to whom the Department
has awarded grants and their employees, and such other individuals or
entities whose association with the Department relates to alleged
violation(s) of the Department's rules of conduct, the Civil Service
merit system, and/or criminal or civil law, which may affect the
integrity or physical facilities of the Department of Justice.
b. Individuals who are witnesses; complainants; confidential or
nonconfidential informants; and parties who have been identified by
the OIG or by other agencies, by constituent units of the Department
of Justice, or by members of the general public as potential subjects
of or parties to an investigation under the jurisdiction of the OIG.
Categories of records in the system:
Information relating to investigations including:
a. Letters, memoranda, and other documents citing complaints or
alleged criminal, civil, or administrative misconduct.
b. Investigative files which include: Reports of investigations to
resolve allegations of misconduct or violations of law with related
exhibits, statements, affidavits or records obtained during
investigations; prior criminal or noncriminal records of individuals
as they relate to the investigations; reports from or to other law
enforcement bodies; information obtained from informants and
identifying date with respect to such informats; nature of allegations
made against suspects and identifying data concerning such subjects;
and public source materials.
Authority for maintenance of the system:
Inspector General Act of 1978, 5 U.S.C. App., as amended by the
Inspector General Act Amendments of 1988.
Purpose(s):
The Office of the Inspector General (OIG) for the Department of
Justice will maintain this system of records in order to conduct its
responsibilities pursuant to the Inspector General Act of 1978, 5
U.S.C. App., as amended by the Inspector General Act Amendments of
1988. The OIG is statutorily directed to conduct and supervise
investigations relating to programs and operations of the Department
of Justice, to promote economy, efficiency, and effectiveness in the
administration of such programs and operations, and to prevent and
detect fraud, waste, and abuse in such programs and operations.
Accordingly, the records in this system are used in the course of
investigating individuals and entities suspected of having committed
illegal or unethical acts and in conducting related criminal
prosecutions, civil proceedings, or administrative actions.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records in this system may be disclosed as follows:
a. In the event that records indicate a violation or potential
violation of law, whether civil, criminal, or regulatory in nature,
and whether arising by general statute or particular program statute,
or by rule, regulation, or order pursuant thereto, or if records
indicate a violation of potential violation of a contract, the
relevant records may be disclosed to the appropriate agency, whether
Federal, state, local, foreign, or international charged with the
responsibility of investigating or prosecuting such violation,
enforcing or implementing such statute, rule, regulation, or order, or
with enforcing such contract.
b. A record may be disclosed to a Federal, State, local, foreign, or
international agency, or to an individual or organization when
necessary to elicit information which will assist an investigation,
inspection, or audit.
c. A record may be disclosed to a Federal, State, local, foreign, or
international agency maintaining civil, criminal, or other relevant
information if necessary to obtain information relevant to an OIG
decision concerning the assignment, hiring, or retention of an
individual, the issuance or revocation of a security clearance, the
reporting of an investigation of an individual, the letting of a
contract, or the issuance or revocation of a license, grant, or other
benefit.
d. A record may be disclosed to a Federal, State, local, foreign, or
international agency in response to its request in connection with the
assignment, hiring, or retention of an individual, the issuance or
revocation of a security clearance, the reporting of an investigation
of an individual, letting of a contract, or the issuance or revocation
of a license, grant, or other benefit by the requesting agency to the
extent that the information is relevant and necessary to the
requesting agency's decision on the matter.
e. A record may be disclosed to a Member of Congress or staff acting
upon the Member's behalf when the Member or staff requests the
information on behalf of, and the request of, the individual who is
the subject of the record.
f. Relevant records may be disclosed to an administrative forum,
including Ad Hoc forums, which may or may not include an
Administrative Law Judge, and which may or may not convene public
hearings/proceedings, or to other established adjudicatory or
regulatory agencies, e.g., the Merit Systems Protection Board, the
National Labor Relations Board, or other agencies with similar or
related statutory responsibilities, where necessary to adjudicate
decisions affecting individuals who are the subject of OIG
investigations and/or who are covered by this system, including (but
not limited to) decisions to effect any necessary remedial actions,
e.g., the initiation of debt collection activity, disciplinary and/or
other appropriate personnel actions, and/or other law enforcement
related actions, where appropriate.
g. A record may be disclosed to the National Archives and to the
General Services Administration during a records management inspection
conducted under 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information in this system is stored manually in file jackets and
electronically in office automation equipment.
Retrievability:
Entries are arranged alphabetically and are retrieved with reference
to the surnames of the individuals covered by this system of records.
Safeguards:
Information is stored in safes, locked filing cabinets, and office
automation equipment in secured rooms or in guarded buildings, and is
used only by authorized, screened personnel. Manual records are in
locked cabinets or in safes and can be accessed by key or combination
formula only. Passwords are required to access the automated data.
Retention and disposal:
Records in this system are retained and disposed of in accordance with
General Records Schedule 22.
System manager(s) and address:
Office of the General Counsel, Office of the Inspector General,
Department of Justice, 10th and Constitution Avenue NW, Washington, DC
20530.
Notification procedure:
Address inquiries to the System Manager listed above.
Records access procedures:
The major part of this system is exempted from this requirement
pursuant to 5 U.S.C. 552a(j)(2), (k)(1), (k)(2). To the extent that
this system of records is not subject to exemption, it is subject to
access. A determination as to exemption shall be made at the time a
request for access is received. A request for access to records
contained in this system shall be made in writing, with the envelope
and the letter clearly marked ``Privacy Access Request.'' Include in
this request the full name of the individual involved, his or her
current address, date and place of birth, notarized signature, and any
other identifying number or information which may be of assistance in
locating the record. The requester shall also provide a return address
for transmitting the information. Access requests shall be directed to
the System Manager listed above.
Contesting record procedures:
The major part of this system is exempted from this requirement
pursuant to 5 U.S.C. 552a(j)(2), (k)(1), or (k)(2). To the extent that
this system of records is not subject to exemption, it is subject to
access and contest. A determination as to exemption shall be made at
the time a request for contest is received. Requesters shall direct
their request to the System Manager listed above, stating clearly and
concisely what information is being contested, the reason for
contesting it, and the proposed amendment to the information.
Record source categories:
The subjects of investigations; individuals with whom the subjects of
investigations are associated; current and former Department of
Justice officers and employees; Federal, State, local and foreign law
enforcement and non-law enforcement agencies; private citizens;
witnesses; confidential and nonconfidential informants; and public
source materials.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c)(3)
and (4), (d), (e)(1), (2), (3), (5) and (8), and (g) of the Privacy
Act pursuant to 5 U.S.C. 552a(j)(2). In addition, the system has been
exempted from subsections (c)(3), (d), and (e)(1), pursuant to
subsections (k)(1) and (k)(2). 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.
JUSTICE/OIG-003
System name: Office of the Inspector General, Freedom of
Information/Privacy Acts (FOI/PA) Records (JUSTICE/OIG-003).
System location:
U.S. Department of Justice, 10th and Constitution Avenue, NW,
Washington, DC 20530.
Categories of individuals covered by the system:
Persons who request disclosure of records pursuant to the Freedom of
Information Act; and persons who request access to or correction of
records pertaining to themselves contained in Office of the Inspector
General (OIG) systems of records pursuant to the Privacy Act.
Categories of records in the system:
The system contains copies of (1) FOI/PA requests received by the OIG;
(2) copies of OIG responses to requesters; (3) copies of the documents
responsive to the requests; (4) copies of documents withheld; (5)
internal memoranda and correspondence related to the requests; (6)
records relating to appeals and/or litigation and (7) disclosure
accounting records.
Authority for maintenance of the system:
Inspector General Act of 1978, 5 U.S.C. App., as amended by the
Inspector General Act Amendments of 1988; 5 U.S.C. 552 and 5 U.S.C.
552a.
Purpose(s):
This system has been established to enable the OIG to receive, process
and respond to FOI/PA requests for its records. Employees of the OIG
may access the system to perform various receipt and response
functions with regard to FOI/PA requests; to determine the status and
content of responses to correspondence; to respond to inquiries from
OIG personnel, the Department's Office of Legislative Affairs, and
from Congressional offices regarding the status of correspondence; and
to carry out any other similar or related duties.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
a. A record may be disclosed to a Federal agency, which has furnished
that record to the Department, to permit that agency to make a
decision as to access or correction or to consult with that agency as
to the propriety of access or correction.
b. A record may be disclosed to any appropriate Federal, State, local,
or foreign agency to verify the accuracy of information submitted by
an individual who has requested amendment or correction of records.
c. A record may be disclosed 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.
d. A record may be disclosed as necessary to respond to inquiries by
congressional offices on behalf of individual constituents who are
subjects of OIG records.
e. A record may be disclosed to the National Archives and Records
Administration and to the General Services Administration during a
records management inspection conducted under the authority of 44
U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information in this system is stored manually in file jackets and
electronically in office automation equipment.
Retrievability:
Entries are arranged alphabetically and numerically and are retrieved
from office automation equipment with reference both to the surnames
of the individuals covered by this system of records and by an
assigned number. Information may also be retrieved from file jackets
by an assigned number.
Safeguards:
Information is stored in locked file cabinets and in office automation
equipment in secured rooms or guarded buildings, and is used only by
authorized, sacreened personnel. Manual records are in locked cabinets
or in safes which can be accessed by key or combination formula only.
Passwords are arequired to access automated data.
Retention and disposal:
Records are disposed of in accordance with General Records Schedule
14, items 16, 17, 18 and items 25, 26, 27 and 28.
System manager(s) and address:
Office of the General Counsel, Office of the Inspector General,
Department of Justice, 10th and Constitution Avenue NW, Washington, DC
20530.
Notification procedure:
Address inquiries to the System Manager listed above.
Record access procedures:
Part of this system is exempted from this requirement pursuant to 5
U.S.C. 552a (j)(2), (k)(1), and (k)(2). To the extent that this system
of records is not subject to exemption, it is subject to access. A
determination as to exemption shall be made at the time a request for
access is received. A request for access to records contained in this
system shall be made in writing, with the envelope and the letter
clearly marked ``Privacy Access Request.'' The request shall include
the full name of the individual involved, his or her current address,
date and place of birth, notarized signature, together with any other
identifying number of information which may be of assistance in
locating the record, and a return address for transmitting the
information. Access requests should be directed to the System Manager
listed above.
Contesting record procedure:
Part of this system is exempted from the requirement pursuant to 5
U.S.C. 552a(j)(2), (k)(1), and (k)(2). To the extent that this system
of records is not subject to exemption, it is subject to access and
contest. A determination as to exemption shall be made at the time a
request for contest is received. Requesters shall direct their request
to the System Manager listed above, stating clearly and concisely what
information is being contested, the reason for contesting it, and the
proposed amendment to the information.
Record source categories:
Sources of information contained in the system include (1) the
individual covered by the system and (2) records responsive to FOI/PA
requests.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsection (d) of
the Privacy Act pursuant to 5 U.S.C. 552a (j)(2), (k)(1), and (k)(2).
This exemption applies only to the extent that information in a record
pertaining to an individual relates to official Federal investigations
and matters of law enforcement. All other records are not being
exempted. 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.
OFFICE OF JUSTICE PROGRAMS
JUSTICE/OJP-001
System name: Equipment Inventory.
System location:
Office of Justice Programs, 633 Indiana Avenue NW, Washington, DC
20531.
Categories of individuals covered by the system:
Employees who have filed the following forms in the Office of the
Comptroller: Property Sign-out, OJARS Administrative Form 1820/1;
Equipment Control Records, OJARS Administrative Form 1820/2.
Categories of records in the system:
Property Sign-out, OJARS Administrative Form 1820/1; Equipment Control
Records, OJARS Administrative form 1820/2.
Authority for maintenance of the system:
The system is established and maintained in accordance with 5 U.S.C.
301, 1302.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The property data is used for inventory control.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress: Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to NARA and GSA in records management inspections conducted under
the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information maintained in system is stored on index cards.
Retrievability:
Information is retrieved by name of employee and type of equipment.
Safeguards:
Data is maintained in a locked room.
Retention and disposal:
Documents relating to equipment control are closed when employee
leaves agency. Records are destroyed three years thereafter. Operating
files are destroyed when an individual resigns, transfers, or is
separated from Federal service.
System manager(s) and address:
Comptroller, Office of the Comptroller, Office of Justice Programs,
633 Indiana Avenue NW, Washington, DC 20531.
Notification procedure:
Same as the above.
Record access procedures:
A request for access to a record from the system shall be in writing,
with the envelope and letter clearly marked ``Privacy Access
Request.'' Access requests will be directed to the System Manager
listed above.
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.
Record source categories:
Individual to whom record pertains, employee's supervisors.
Systems exempted from certain provisions of the act:
None.
JUSTICE/OJP-002
System name: Law Enforcement Education System.
System location: Law Enforcement Assistance Administration, 633 Indiana
Avenue NW, Washington, DC 20531.
Categories of individuals covered by the system: Recipients of LEAA Law
Enforcement Education Loans and Grants.
Categories of records in the system: LEEP Master Computer File; LEEP
Promissory Note File; LEEA Form 03.
Authority for maintenance of the system: The system is established and
maintained pursuant to 42 U.S.C. 3775
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: To contractors for
categories and statistical analysis, educational institutions for
record reconcillation, IRS and references listed on application for
address verification, references in bankruptcy for claim action,
State and local agencies to verify eligibility.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice unless it is determined that release of the specific
information in the context of a particular case would consitute an
unwarranted invasion of personal privacy.
Release of information to Members of Congress, Information contained
in systems of records maintained by the Department of Justice not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon the
Member's behalf when the Members or staff requests the information on
behalf of and at the requests of the individual who is the subject of
the record.
Release of information to the National Archives and Records
Administration: A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) in records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Information maintained in the system is stored on computer
magnetic tape and folders.
Retrievability: Information is retrievable by name of recipient and
social security number.
Safeguards: Computerized information is safeguarded and protected by
computer password key and limited access. Noncomputerized data is
safeguard in file room which is locked after business hours. Access
is limited to LEAA authorized personnel.
Retention and disposal: Computerized records are kept indefinitely.
Uncollected loans/grants are transferred to GAO as soon as
determined uncollectable. Cancelled or repaid loan/grants are closed
at end of fiscal year, held three years, sent to Federal Records
Center and destroyed in accordance with instructions from GAO.
System manager(s) and address: Comptroller, Office of Justice Assistance
Research, and Statistics; 633 Indiana Avenue NW, Washington, DC.
Notification procedure: Same as above.
Record access procedures: A request for access to a record from this
system shall be made in writing, with the envelope and the letter
clearly marked ``Privacy Access Request.'' Include in the request
the name and personal identifer number. Access requests will be
directed to the System Manager listed above.
Contesting record procedures: Individuals desiring to contest or amend
information maintained in the system should direct their request to
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.
Record source categories: Sources of information are the recipients of
loans/grants and their educational institutions.
Systems exempted from certain provisions of the act: None.
JUSTICE/OJP-004
System name: Grants Management Information System (PROFILE).
System location:
Office of Justice Programs, 633 Indiana Avenue, NW, Washington, DC
20531
Categories of individuals covered by the system:
Included are recipients (grantees) of OJP funds. These include
grantees of the National Institute of Justice, the Bureau of Justice
Statistics, the Bureau of Justice Assistance, the Office of Juvenile
Justice and Delinquency Prevention, the Office of Victims of Crime,
and the now defunct Office of Justice Assistance, Research, and
Statistics, and the Law Enforcement Assistance Administration. Also
included are project monitors and project directors of these grants.
Categories of records in the system:
Grantee and Project Audit File, Financial and Programmatic Compliance
Records of the Grantee, Grant Applications, and Grant/Contract Award
Computer Data File.
Authority for maintenance of the system:
The system is established and maintained in accordance with U.S.C.
301, 44 U.S.C. 3101, and 31 U.S.C. 3512.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records from this system of records may be disclosed for the purpose
of technical review and fiscal or program evaluation to experts in
particular subject areas related to the substantive or fiscal
components of the program.
Release of Information in an Adjudicative Proceeding:
It shall be a routine use of records within this system or any facts
derived therefrom, to disseminate them in a proceeding before a court
or adjudicative body before which the OJP is authorized to appear,
when
i. The OJP, or any subdivision thereof, or
ii. Any employee of the OJP in his or her official capacity, or
iii. Any employee of the OJP in his or her individual capacity, where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the OJP determines that the litigation is
likely to affect it or any of its subdivisions, is a party to
litigation or has an interest in litigation and such records are
determined by the OJP to be arguably relevant to the litigation.
Release of Information to the News Media:
Information permitted to be released to the news media and the public
pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the Department of Justice 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.
Release of Information to Members of Congress:
Information contained in systems of records maintained by the
Department of Justice not otherwise required to be released pursuant
to 5 U.S.C. 522, may be disclosed as a routine use to a member of
Congress or staff acting upon the member's behalf when the member or
staff requests the information on behalf of and at the request of the
individuals who are the subject of the record.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA). A record from a system of records may be disclosed as a routine
use to NARA and GSA in records management inspections conducted under
the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information maintained in the system is stored on computer disc for
use in a computer environment.
Retrievability:
Data is retrievable by name of individual covered by the system.
Safeguards:
Information in the system is safeguarded and protected by computer
password key. Direct access is limited to computer personnel.
Retention and disposal:
Data is maintained for current fiscal year and previous fiscal years
in master file. Data is not destroyed, but maintained for historical
purposes.
System manager(s) and address:
Comptroller, Office of Justice Programs, 633 Indiana Avenue, NW,
Washington, DC 20531.
Notification procedure:
Same as above.
Record access procedures:
A request for access to a record from this system shall be made in
writing with the envelope and letter clearly marked ``Privacy Access
Request.'' Include in the request the name and grant/contract number.
Access requests will be directed to the System Manager listed above.
Contesting record procedures:
Individuals desiring to contest or amend information maintained in the
system should direct their requests 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.
Record source categories:
Sources of information contained in the system are grantees,
applicants for award, and OJP project monitors.
Systems exempted from certain provisions of the act:
None.
JUSTICE/OJP-005
System name: Financial Management System.
System location:
Office of Justice Program (OJP), 633 Indiana Avenue, NW, Washington,
DC 20531.
Categories of individuals covered by the system:
Recipients of OJP, OJARS, LEAA, NIL, BIS, and OJJDP funds; Employees.
This system contains information concerning (a) current and past
recipients of OJP funds, including those from the National Institute
of Justice, the Bureau of Justice Assistance, the Bureau of Justice
Statistics, the Office of Juvenile Justice and Delinquency Prevention,
the Office for Victims of Crime, and the now defunct Office of Justice
Assistance, Research and Statistics, and Law Enforcement Assistance
Administration; (b) OJP employees; and (c) all individuals on whom
vouchers are submitted requesting payment for goods or services
rendered (except payroll vouchers for Department of Justice
employees), including vendors, contractors, travelers, and employees.
Categories of records in the system:
Employee Travel Files; Time and Attendance Files: Government Travel
System and Government Charge Cards; Government Transportation Request;
Paid Vendor Documents File, all vouchers processed, i.e., all
documents required to reserve, obligate, process and effect collection
or payment of funds. (Excluded from the system are payroll vouchers.)
Authority for maintenance of the system:
5 U.S.C. 301, 31 U.S.C. 3512, and 44 U.S.C. 3101.
Purpose(s):
After processing the vouchers, OJP and the Justice Management Division
use the records to maintain individual financial accountability; to
furnish statistical data (not identified by personal identifiers); to
meet both internal and external audit and reporting requirements; and
to provide Administrative Officers from the Offices, Boards, and
Divisions and the OJP with information on vouchers by name and social
security number for agency financial management.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Release of information in an adjudicative proceeding:
It shall be a routine use of records within this system or any facts
derived therefrom, to disseminate them in a proceeding before a court
or adjudicative body before which the OJP is authorized to appear,
when
i. The OJP, or any subdivision thereof, or
ii. Any employee of the OJP in his or her official capacity, or
iii. Any employee of the OJP in his or her individual capacity, where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the OJP determines that the litigation is
likely to affect it or any of its subdivisions, is a party to
litigation or has an interest in litigation and such records are
determined by the OJP to be arguably relevant to the litigation.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration (NARA) and to the General Service Administration (GSA).
A record from a system of records may be disclosed as a routine use to
NARA and GSA in records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Computerized discs, filed folders.
Retrievability:
Name, social security numbers, digital identifiers assigned by
accounting office.
Safeguards:
Information contained in the system is unclassified and maintained in
accordance with OJP procedures. Manual information in the system is
safeguarded in locked file cabinets. Operational access to information
maintained on computer discs is controlled by password key. These keys
are issued only to employees who have a need to know to perform job
functions relating to financial management and accountability. Access
to manual files is also limited to employees who have a need for the
records in the performance of their official duties.
Retention and disposal:
Employee travel files, time and attendance files and Government
transportation files are closed at end of fiscal year, held three
years thereafter.
Payment documents are retained for three fiscal years (current and two
years). The payment documents and the aforementioned files are then
shipped to a General Services Administration's Federal Records Center
for storage and subsequent destruction in accordance with instructions
of the General Accounting Office. Computerized discs are retained
indefinitely.
System manager(s) and address:
Comptroller, Officer of Justice Programs, 633 Indiana Avenue, NW.,
Washington, DC 20531.
Notification procedure:
Same as above.
Record access procedures:
A request for access to a record from this system shall be made in
writing with the envelope and letter clearly marked ``Privacy Access
Request.'' Access requests will be directed to the System Manager
listed above.
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 amendments to the
information sought.
Record source categories:
Sources of information contained in the system are the individuals to
whom the information pertains.
Systems exempted from certain provisions of the act:
None.
JUSTICE/OJP-006
System name: Congressional and Public Affairs System.
System location:
Office of Justice Programs (OJP), 633 Indiana Avenue, NW, Washington,
DC 20531.
Categories of individuals covered by the system:
Members of Congress, and other public figures.
Categories of records in the system:
Correspondence with Congressional Committees, members of Congress, and
the general public. The file also contains biographical data,
speeches, press releases, and photograph files relating to public
figures.
Authority for maintenance of the system:
The system is established and maintained in accordance with 5 U.S.C.
301.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Information in this system is used or may be used in response to
inquiries from the general public or member of Congress.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to NARA and GSA in records management inspections conducted under
the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information is indexed on a correspondence control log and stored in
file folders.
Retrievability:
Information is retrieved by name of the member of Congress who is the
correspondent, or by the name of the public figure.
Safeguards:
Records are maintained in file cabinets. Entrance to the building is
controlled by required employee identification or security clearance
procedures. Records are used by employees on a need to know basis
only.
Retention and disposal:
Records are retained for two years, then retired to Federal Records
Center. Six years thereafter records are destroyed.
System manager(s) and address:
Director, Office of Congressional and Public Affairs, Office of
Justice Programs, 633 Indiana Avenue NW, Washington, DC 20531.
Notification procedure:
Same as the above.
Record access procedures:
A request for access to a record from the system shall be in writing,
with the envelope and letter clearly marked ``Privacy Access
Request.'' Access requests will be directed to the System Manager
listed above.
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.
Record source categories:
Sources of information are Congressional members.
Systems exempted from certain provisions of the act:
None.
JUSTICE/OJP-007
System name: Public Information System.
System location: Office of Justice Assistance, Research and Statistics,
633 Indiana Avenue NW, Washington, DC 20531.
Categories of individuals covered by the system: Public figures.
Categories of records in the system: Biographical, Morgue, and Speech
files, Photograph files.
Authority for maintenance of the system: The system is maintained and
established in accordance with 5 U.S.C. 301.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: Available to the public
under the Freedom of Information Act.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration: A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) in records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Information maintained in system is stored in file folders.
Retrievability: Information is retrieved by name of person to whom
information pertains.
Safeguards: This information is of a nonconfidential nature and
maintained pursuant to LEAA Handbook Instruction HB 1330.2.
Retention and disposal: Records are retained for four years, retired to
Federal Records Center, and destroyed pursuant to Disposal
Instructions in LEAA Handbook Instruction HB 1330.2.
System manager(s) and address: Director, Office of Public Information,
Office of Justice Assistance, Research and Statistics, 633 Indiana
Avenue NW, Washington, DC 20531.
Notification procedure: Same as the above.
Record access procedures: A request for access to a record from the
system shall be in writing, with the envelope and letter clearly
marked ``Privacy Access Request.'' Access requests will be directed
to the System Manager listed above.
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.
Record source categories: Newspaper, magazine and press service teletype
clippings as well as individual to whom information pertains.
Systems exempted from certain provisions of the act: None.
JUSTICE/OJP-008
System name: Civil Rights Investigative System.
System location:
Office of Justice Programs (OJP).
Categories of individuals covered by the system:
Individuals affected by any OJP project for which the agency has
compliance responsibility, including grantees, subgrantees,
contractors, subcontractors, employees, and applicants, who have made
complaints of discrimination. OJP includes the National Institute of
Justice, the Bureau of Justice Statistics, the Bureau of Justice
Assistance, the Office of Juvenile Justice and Delinquency Prevention,
and the Office for Victims of Crime. Also included are individuals who
are the subjects of civil rights compliance records of the now defunct
Office of Justice Assistance, Research, and Statistics, and the Law
Enforcement Assistance Administration.
Categories of records in the system:
Civil Rights Complaint Control Files: Civil Rights Litigation
Reference Files.
Authority for maintenance of the system:
42 U.S.C. 3789d, 42 U.S.C. 10604(e), 29 U.S.C. 794, 42 U.S.C. 2000d,
20 U.S.C. 1681, 42 U.S.C. 5601, and 42 U.S.C. 1601.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
OJP uses information in this system to investigate complaints and to
obtain compliance with civil rights laws. Other such users of the
information are appropriate State agencies, Civil Rights Division of
the Justice Department, State Governors and Attorneys General, Office
of Federal Contract Compliance, Equal Employment Opportunity
Commission, Office of Federal Revenue Sharing, and the United States
Commission on Civil Rights, Department of Health and Human Services,
Department of Education and OJP. OJP may also use this information for
agency project evaluation, technical assistance, and training.
Release of information in an adjudicative proceeding:
It shall be a routine use of records within this system or any facts
derived therefrom, to disseminate them in a proceeding before a court
or adjudicative body before which the OJP is authorized to appear,
when
i. The OJP, or any subdivision thereof, or
ii. Any employee of the OJP in his or her official capacity, or
iii. Any employee of the OJP in his or her individual capacity, where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the OJP determines that the litigation is
likely to affect it or any of its subdivisions, is a party to
litigation or has an interest in litigation and such records are
determined by the OJP to be arguably relevant to the litigation.
Release of information to the news media:
Information permitted to be released to the news media and the public
pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the Department of Justice 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.
Release of information to members of congress:
Information contained in systems of records maintained by the
Department of Justice, not otherwise required to be released pursuant
to 5 U.S.C. 552, may be made available to a Member of Congress or
staff acting upon 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.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA):
A record from a system of records may be disclosed as a routine use to
NARA and GSA in records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information in the system is stored in file folders and on index
cards.
Retrievability:
Information is retrieved by name of the individual or organization
against whom the complaint is made.
Complaint case files are not retrievable by information indentifiable
to the individual complainant.
Safeguards:
Information is kept in locked file cabinets and combination safe.
Access is limited to investigative personnel.
Retention and disposal:
All investigative information is destroyed ten years after the
investigation is completed.
System manager(s) and address:
Office of Civil Rights Compliance, Office of Justice Programs, 633
Indiana Avenue NW, Washington, DC 20531.
Notification procedure:
Same as the above.
Record access procedures:
A request for access to a record containing civil rights investigatory
material shall be made in writing with the envelope and letter clearly
marked ``Privacy Access Request'' to the Civil Rights System Manager
listed above.
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.
Record source categories:
The information contained in this system was received from individual
complainants, witnesses, grant files, respondents, official State and
Federal records.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsection (d) of
the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). 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.
JUSTICE/OJP-009
System name: Federal Advisory Committee Membership Files.
System location:
Office of Justice Programs (OJP), 633 Indiana Avenue NW, Washington,
DC, 20531.
Categories of individuals covered by the system:
Individuals who have been or are presently members of or are being
considered for membership on advisory committees within the
jurisdiction of the OJP.
OJP includes the former Office of Justice Assistance, Research, and
Statistics, the former Law Enforcement Assistance Administration,
National Institute of Justice, Bureau of Justice Assistance, Office of
Juvenile Justice and Delinquency Prevention, and the Office of Victims
of Crime.
Categories of records in the system:
Correspondence, documents relating to committee members, biographical
data, and Committee membership forms.
Authority for maintenance of the system:
Federal Advisory Committee Act, 5 U.S.C. App. I et seq.; 5 U.S.C. 301;
44 U.S.C. 3101.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Annual Report to the President; administrative reports to OMB and
other federal agencies.
Release of information to the news media:
Information permitted to be released to the news media and the public
pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the Department of Justice 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.
Release of Information to the National Archives and Records
Administration (NARA) and the General Services Administration (GSA).
A record from a system of records may be disclosed as a routine use to
NARA and GSA in records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
Release of Information to Congress.
Information contained in systems of records maintained by the
Department of Justice, not otherwise required to be released pursuant
to 5 U.S.C. 552, may be made available to a Member of Congress or
staff acting upon 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.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information in system is stored in file folders.
Retrievability:
Information is retrieved by name of individual.
Safeguards:
Data is maintained in file cabinets. The entrance to the building
requires building pass or security sign-in.
Retention and disposal:
The data is placed in an inactive file upon discontinuance of
membership, held for two years and then retired to the Federal Records
Center.
System manager(s) and address:
Federal Advisory Committee Officer, Office of General Counsel, Office
of Justice Programs, 633 Indiana Avenue, NW, Washington, DC 20531.
Notification procedure:
Same as the above.
Record access procedures:
A request for access to a record from this system shall be made in
writing, with the envelope and the letter clearly marked ``Privacy
Access Request.'' Access requests will be directed to the System
Manager listed above.
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.
Record source categories:
Sources of information are supplied directly by individuals about whom
the record pertains, references, recommendations, program personnel,
and biographical reference books.
Systems exempted from certain provisions of the act:
None.
JUSTICE/OJP-010
System name: Technical Assistance Resource Files.
System location:
Office of Juvenile Justice and Delinquency Prevention, 633 Indiana
Avenue NW, Washington, DC 20531.
Categories of individuals covered by the system:
Consultants with expertise in criminal justice systems.
Categories of records in the system:
The system consists of resumes and other documents related to
technical assistance requests.
Authority for maintenance of the system:
The system is maintained under authority of 44 U.S.C. 3101 and 42
U.S.C. 5614(b)(6).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The system is used to determine the qualifications and availability of
individuals for technical assistance assignments. Users are State
Criminal Justice Councils, and the Office of Juvenile Justice and
Delinquency Prevention.
Release of information to the new medias:
Information permitted to be released to the news media and the public
pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the Department of Justice 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.
Release of information to members of Congress:
Information contained in systems of records maintained by the
Department of Justice, not otherwise required to be released pursuant
to 5 U.S.C. 552, may be made available to a Member of Congress or
staff acting upon 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.
Release of information to the National Archives and Records
Administration (NARA) and the General Services Administration:
A record from a system of records may be disclosed as a routine use to
NARA and GSA in records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information contained in the system is on hard copy and stored in file
cabinets.
Retrievability:
Information is manually retrieved by the name of the individual.
Safeguards:
Records are stored in file cabinets. Admittance to the building in
which they are stored requires a building pass or an individual
signature at the main entrance to the building.
Retention and disposal:
Records are placed in an inactive file at the end of the fiscal year
in which final use was made. They are held two years in the inactive
file; then transferred to the Federal Records Center. Records are
destroyed after six years.
System manager(s) and address:
Technical Assistance Coordinator; Division Director of Program area in
which records are sought in the Office of Juvenile Justice and
Delinquency Prevention, Office of Justice Programs, 633 Indiana Avenue
NW, Washington, DC 20531.
Notification procedure:
Address inquiries to the system manager(s) at the above address.
Record access procedures:
A request for access to a record contained in this system shall be
made in writing with the envelope and letter clearly marked ``PRIVACY
ACCESS REQUEST.'' Include in the request the name and grant/contract
number for the record desired. Access requests will be directed to the
system manager(s) listed above.
Contesting record procedures:
Individuals desiring to contest or amend information maintained in the
system should direct their requests to the system manager(s) listed
above, stating clearly and concisely what information is being
contested, the reasons for contesting it, and the proposed amendment
to the information sought.
Record source categories:
Sources of information contained in this system are those individuals
to whom the information pertain.
Systems exempted from certain provisions of the act:
None.
JUSTICE/OJP-011
System name: Register Users File--National Criminal Justice
Reference Service (NCJRS).
System location:
National Criminal Justice Reference Service, 1600 Research Blvd.,
Rockville, MD 20850
Categories of individuals covered by the system:
The system contains information on those individuals engaged in
criminal justice activities, citizen groups and academicians.
Categories of records in the system:
The system provides a record of registrants who request reference
services and products from NCIRS.
Authority for maintenance of the system:
The system is maintained and established in accordance with 42 U.S.C.
3721.
Purpose(s):
Information in this system is used as a mailing list to supply
registrants requesting services from NCJRS with information or
products.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Information permitted to be released to the news media and the public
pursuant to 29 CFR 50.2 may be made available 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.
Information, not otherwise required to be released pursuant to 5
U.S.C. 552, may be made available to a Member of Congress or staff
acting upon 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.
A record may be disclosed as a routine use to the National Archives
and Records Administration and the General Services Administration in
records management inspection conducted under the authority of 44
U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information is stored on magnetic disc pack for use in a computer
environment.
Retrievability:
Information is retrieved by the name and user identity number of the
individual or organization requesting information.
Safeguards:
Information is maintained in the NCJRS Data Services Center which is a
secured area. Special identity cards are required for admittance to
the area.
Retention and disposal:
Information is retained until the individual no longer wishes to
utilize the service. Upon notification by an individual that he no
longer wishes to use the service, or by lack of response of user to
Annual Renewals, his record is electronically purged from the film.
System manager(s) and address:
User Services Coordinator, National Criminal Justice Reference
Service, PO Box 6000, Rockville, MD 20850.
Notification procedure:
Address inquires to the system manager(s) at the above address.
Record access procedure:
A request for access to a record contained in this system shall be
made in writing with the envelope and letter clearly marked: `PRIVACY
ACCESS REQUEST.' Access requests will be directed to the system
manager(s) at the above address.
Contesting record procedures:
Individuals desiring to contest or amend information maintained in the
system should direct their requests to the system manager(s) listed
above, stating clearly and concisely what information is being
contested, the reasons for contesting it, and the proposed amendment
to the information sought.
Record source categories:
Sources for the information contained in this system are those
individuals covered by the system.
Systems exempted from certain provisions of the act:
None.
JUSTICE/OJP-012
System name: Public Safety Officers Benefits System.
System location:
Bureau of Justice Assistance, Office of Justice Programs, (OJP), 633
Indiana Avenue, NW, Washington, DC 20531.
Categories of individuals covered by the system:
Public Safety Officers who died while in the line of duty and their
surviving beneficiaries.
Categories of records in the system:
This system contains an index by claimant and deceased Public Safety
Officers: Case files of eligibility documentation; and benefit payment
records.
Authority for maintenance of the system:
Authority for maintaining this system exists under 42 U.S.C. 3796 and
44 U.S.C. 3103.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Information contained in this system is used or may be used to
determine and record eligibility of Public Safety Officers under the
Public Safety Officers Benefits Act. It may be released to:
(1) State and local agencies to verify and certify eligibility for
benefits; (2) researchers for the purpose of researching the cause and
prevention of public safety officer line of duty deaths; (3)
appropriate Federal agencies to coordinate benefits paid under similar
programs; and (4) Members of Congress or staff acting upon the
member's behalf when the Member or staff requests the information on
behalf of and at the request of the individual who is a party in
interest.
Release of information in an adjudicative proceeding:
It shall be a routine use of records within this system or any facts
derived therefrom, to disseminate them in a proceeding before a court
or adjudicative body before which the OJP is authorized to appear,
when
i. The OJP, or any subdivision thereof, or
ii. Any employee of the OJP in his or her official capacity, or
iii. Any employee of the OJP in his or her individual capacity, where
the Department of Justice has agreed to represent the employee, or
iv. The United States, where the OJP determines that the litigation is
likely to affect it or any of its subdivisions, is a party to
litigation or has an interest in litigation and such records are
determined by the OJP to be arguably relevant to the litigation.
Release of information to the news media:
Information permitted to be released to the news media and the public
pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the Department of Justice 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.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA):
A record from a system of records may be disclosed as a routine use to
the NARA AND GSA in records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information in this system is maintained on a master index, in folders
and on computer magnetic tape.
Retrievability:
Information is retrievable by name of claimant, name of deceased
Public Safety Officer, and case file number.
Safeguards:
Computerized information is safeguarded and protected by computer
password key and limited access. Noncomputerized data is safeguarded
in locked cabinets. All files are maintained in a guarded building.
Retention and disposal:
Files are retained in the Public Safety Officer Benefits (PSOB) Office
on hard copy. Files will be disposed of pursuant to OJP Handbook
1330.2A.
System manager(s) and address:
PSOB Program Officer, Bureau of Justice Assistance, Office of Justice
Programs, 633 Indiana Avenue, NW, Washington, DC 20531.
Notification procedure:
Same as above.
Record access procedures:
Request for access to a record from this system should be made in
writing with the envelope and the letter clearly marked ``Privacy
Access Request.'' Access requests will be directed to the System
Manager listed above.
Contesting record procedures:
Individuals desiring to contest or amend information maintained in the
system should direct their request to the System Manager listed above
and state clearly and concisely what information is being contested,
the reason for contesting it and the proposed amendment to the
information sought.
Record source categories:
Public agencies including employing agency, beneficiaries, educational
institutions, physicians, hospitals, official state and Federal
documents.
Systems exempted from certain provisions of the act:
None.
JUSTICE/OJP-13
System name:
Denial of Federal Benefits Clearinghouse System (DEBAR).
System location:
Office of Justice Programs; Denial of Federal Benefits Project (DFBP),
633 Indiana Avenue NW, room 542, Washington, DC 20531.
Categories of individuals covered by the system:
Any individual convicted of a Federal or State offense involving drug
trafficking or possession of a controlled substance who has been
denied Federal benefits by Federal or State courts. The expanded
system also will include persons convicted of defense-contract related
felonies.
Categories of records in the system:
Executed Denial of Federal Benefits Forms, court orders, Federal
Agency Benefits Listings, and notices from U.S. Attorneys concerning
convictions of defense-contract related felonies.
Authority for maintenance of the system:
The system is established and maintained in accordance with 21 U.S.C.
853a.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records from this system will be disclosed routinely to the General
Services Administration (GSA) for inclusion in the publication, Lists
of Parties Excluded from Federal Procurement or Nonprocurement
Programs, More commonly known as the ``Debarment List.'' Records from
the system will routinely be disclosed to Federal agencies, defense-
related contractors and first-tier subcontractors to verify prior
defense-contract related felonies that require such records to deny
benefits or employment.
Release of information in an adjudicative proceeding: Records and
information within this system may be released in a proceeding before
a court or adjudicative body before which the OJP is authorized to
appear, when:
i. The OJP, or any subdivision thereof; or
ii. Any employee of the OJP in his or her official capacity; or
iii. Any employee of the OJP in his or her individual capacity, where
the Department of Justice has agreed to represent the employee; or
iv. The United States, where the OJP determines that the litigation is
likely to affect it or any of its subdivisions, is a party to
litigation or has an interest in litigation and such records are
determined by the OJP to be arguably relevant to the litigation.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice, unless it is determined that release of the specific
information in a particular case would constitute an unwarranted
invasion of personal privacy.
Release of information to Members of Congress: Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or a staff person acting on the
Member's behalf, when the Member or staff officially requests the
information on behalf of, and at the request of, the individual who is
the subject of the record.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to NARA and GSA in records management inspections conducted under
the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information maintained in the system is stored on computer discs or
diskettes for use in a computer environment, as well as in manual file
folders.
Retrievability:
Data is retrievable by name of individual, social security number, or
type of conviction.
Safeguards:
Information contained in the system is maintained in accordance with
DFBP procedures. Manual information in the system is safeguarded in
locked file cabinets within a limited access room in a limited access
building. Access to manual files is limited to personnel who have a
need for files to perform official duties. Operational access to
information maintained on a dedicated computer system, with computer
discs or diskettes, is controlled by levels of security provided by
password keys to prevent unauthorized entry, and an audit trail of
accessed information. Access is also limited to personnel who have a
need to know to perform official duties.
Retention and disposal:
Data is maintained for current and prior years in a master file. Data
is not destroyed, but maintained for historical purposes.
System manager(s) and address:
Director, DFBP, Office of Justice Programs, 633 Indiana Avenue, NW,
Room 542, Washington, DC 20531.
Notification procedure:
Same as above.
Record access procedures:
A request for access to a record from the system shall be in writing,
with the envelope and letter marked ``Privacy Access Request''. Direct
the access request to the System Manager listed above. Identification
of individuals requesting access to their records will include
fingerprinting (28 CFR 20.34).
Contesting records procedures:
An individual desiring to contest or amend information maintained in
the system should direct the request to the System Manager listed
above. The request should state clearly and concisely the information
being contested, the reasons for contesting the information, and the
proposed information amendment(s) sought.
Record source categories:
Sources of information contained in the system are Federal and State
courts, individuals convicted of certain drug offenses, and Federal
agencies.
Systems exempted from certain provisions of the act:
None.
OFFICE OF LEGISLATIVE AFFAIRS
JUSTICE/OLA-001
System name: Congressional Committee Chairman Correspondence
File.
System location:
U.S. Department of Justice, 10th and Constitution Avenue, NW,
Washington, DC 20530.
Categories of individuals covered by the system:
Current and past Chairmen of Congressional Committees who correspond
with the Department on legislative and other related matters.
Categories of records in the system:
The system contains letters and attachments transmitted by
Congressional Committee Chairmen together with copies of the
Departmental responses to these letters.
Authority for maintenance of the system:
The system is established and maintained in accordance with 5 U.S.C.
301 and 44 U.S.C. 3101.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Use of the information is entirely within the Department on a need to
know basis.
Release of information to the National Archives and Records
Administration (NARA) and the General Services Administration (GSA):
A record from a system of records may be disclosed as a routine use to
NARA and GSA in records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
Release of information of the news media:
Information permitted to be released to the news media and the public
pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the Department of Justice 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.
Release of information to members of Congress:
Information contained in systems of records maintained by the
Department of Justice, not otherwise required to be released pursuant
to 5 U.S.C. 552, may be made available to a Member of Congress or
staff acting upon 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.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information maintained in the system is stored in file cabinets.
Retrievability:
Information is retrieved by using the name of the particular
Congressional Committee Chairman who initiated the correspondence in a
particular matter.
Safeguards:
Information contained in the system is unclassified. Routine
protection is provided.
Retention and disposal:
Information maintained in this system contains correspondence
generated during the current and two preceding Congresses.
System manager(s) and address:
Legislative Assistance, Office of Legislative Affairs, U.S. Department
of Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
Notification procedure:
Address inquiries to the: Assistant Attorney General, Office of
Legislative Affairs, U.S. Department of Justice, 10th and Constitution
Avenue, NW, Washington, DC 20530.
Record access procedures:
A request for access to a record from this system shall be made in
writing, with the envelope and the letter clearly marked `Privacy
Access Request'. Include in the request the nature of the letter or
document as well as the general subject matter of the document. The
requestor will also provide a certification of identity and a return
address for transmitting the information. Access requests will be
directed to the System Manager listed above.
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.
Record source categories:
The source of the information contained in this system comes directly
from the individual initiating the correspondence.
Systems exempted from certain provisions of the act:
None.
JUSTICE/OLA-002
System name: Congressional Correspondence File.
System location:
U.S. Department of Justice, 10th and Constitution Avenue NW,
Washington, DC 20530.
Categories of individuals covered by the system:
Current and past members of Congress who correspond with the
Department on legislative and other related matters.
Categories of records in the system:
The system contains letters and attachments transmitted by the
individual members of Congress together with copies of the
Departmental responses to these letters.
Authority for maintenance of the system:
The system is established and maintained in accordance with 5 U.S.C.
301 and 44 U.S.C. 3101.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Use of the information is entirely within the Department on a need to
know basis.
Release of information to the news media:
Information permitted to be released to the news media and the public
pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the Department of Justice 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.
Release of information to members of Congress:
Information contained in systems of records maintained by the
Department of Justice, not otherwise required to be released pursuant
to 5 U.S.C. 552, may be made available to a Member of Congress or
staff acting upon 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.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Release of information to the National Archives and Records
Administration (NARA) and the General Services Administration (GSA): A
record from a system of records may be disclosed as a routine use to
NARA and GSA in records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information maintained in the system is stored in file cabinets.
Retrievability:
Information is retrieved by using the name of the individual member of
Congress who initiated the correspondence in a particular matter.
Safeguards:
Information contained in the system is unclassified. Routine
protection is provided.
Retention and disposal:
Information maintained in this system contains correspondence
generated during the past and present Congress.
System manager(s) and address:
Legislative Assistant, Office of Legislative Affairs, U.S. Department
of Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
Notification procedure:
Address inquiries to the Assistant Attorney General, Office of
Legislative Affairs, U.S. Department of Justice, 10th and Constitution
Avenue, NW, Washington, DC 20530.
Record access procedures:
A request for access to a record from this system shall be made in
writing, with the envelope and letter clearly marked `Privacy Access
Request'. Include in the request the nature of the letter or document
as well as the general subject matter of the document. The requestor
will also provide a certification of identity and a return address for
transmitting the information. Access requests will be directed to the
System Manager listed above.
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.
Record source categories:
The source of the information contained in this system comes directly
from the individual initiating the correspondence.
Systems exempted from certain provisions of the act:
None.
JUSTICE/OLA-003
System name: Citizen Correspondence File.
System location:
U.S. Department of Justice, 10th and Constitution Avenue, NW,
Washington, DC 20530.
Categories of individuals covered by the system:
Persons corresponding with the Department on legislative and other
related matters.
Categories of records in the system:
The system contains letters and attachments transmitted by individuals
together with copies of the Departmental responses to these letters.
Authority for maintenance of the system:
The system is established and maintenance in accordance with 5 U.S.C.
301 and 44 U.S.C. 3101.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Use of the information is entirely within the Department on a need to
know basis.
Release of information to the news media:
Information permitted to be released to the news media and the public
pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the Department of Justice 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.
Release of information to the National Archives and Records
Administration (NARA) and the General Services Administration (GSA): A
record from a system of records may be disclosed as a routine use to
NARA and GSA in records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information maintained in the system is stored in file cabinets.
Retrievability:
Information is retrieved by using the name of the individual who
initiated the correspondence in a particular matter.
Safeguards:
Information contained in the system is unclassified. Routine
protection is provided.
Retention and disposal:
Information maintained in this system contains correspondence from
individuals during the past and present Congress.
System manager(s) and address:
Legislative Assistant, Office of Legislative Affairs, U.S. Department
of Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
Notification procedure:
Address inquiries to the: Assistant Attorney General, Office of
Legislative Affairs, U.S. Department of Justice, 10th and Constitution
Avenue, NW, Washington, DC 20530.
Record access procedures:
A request for access to a record from this system shall be made in
writing, with the envelope and the letter clearly marked `Privacy
Access Request'. Include in the request the nature of the letter or
document as well as the general subject matter of the document. The
requestor will also provide a certification of identity and a return
address for transmitting the information. Access requests will be
directed to the System Manager listed above.
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.
Record source categories:
The source of the information contained in this system comes directly
from the individual initiating the correspondence.
Systems exempted from certain provisions of the act:
None.
OFFICE OF LEGAL COUNSEL
JUSTICE/OLC-001
System name: Attorney Assignment Reports.
System location:
Office of Legal Counsel, U.S. Department of Justice, 10th and
Constitution Avenue, NW, Washington, DC.
Categories of individuals covered by the system:
Attorneys employed in the Office of Legal Counsel, U.S. Department of
Justice at the time each report was filed.
Categories of records in the system:
The system consists of memoranda addressed to the Assistant Attorney
General by each staff attorney at periodic intervals listing current
assignments. Some reports also list completed assignments, projected
workload and anticipated leave.
Authority for maintenance of the system:
These records are kept for administrative convenience pursuant to 5
U.S.C. 301 and 44 U.S.C. 3101.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Information from the system is not used outside the Department except
to advise Executive Branch agencies as to the identity of the attorney
working on a specific assignment, when inquiry is made.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration: A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) in records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
The Assistant Attorney General, each of his Deputies, the
Administrative Officer and the attorney who filed the report each have
copies. Some are retained chronologically in file folders, some
alphabetically in note books.
Retrievability:
Information may be retrieved by name, alphabetically, or
chronologically.
Safeguards:
Information is maintained in offices occupied during the day and
locked at night.
Retention and disposal:
The Assistant Attorney General's file is chronological and is
maintained for three months. Attorneys may retain their copies
indefinitely, others are kept for about two years and disposed of.
System manager(s) and address:
Assistant Attorney General, Office of Legal Counsel, U.S. Department
of Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
Notification procedure:
Address inquiries to the System Manager, the Administrative Officer or
the two Deputies at the above address.
Record access procedures:
A request for access to a record from this system may be made in
person or in writing, specifying the name of the attorney and the
dates of reports requested.
Contesting record procedures:
Any requests for correction should be addressed to the System Manager.
Record source categories:
Information is supplied by the attorneys employed by the Office of
Legal Counsel on the date the report is filed.
Systems exempted from certain provisions of the act:
None.
JUSTICE/OLC-002
System name: Office of Legal Counsel Central File.
System location:
U.S. Department of Justice, Office of Legal Counsel, 10th and
Constitution Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system:
The system will permit retrieval of information concerning persons
mentioned in the legal opinions, memoranda, correspondence, testimony
and other writings of the Office of Legal Counsel. These will include:
(A) Addresses, authors and employees of the Office of Legal Counsel
whose name appears in memoranda, opinions, correspondence, testimony
and other writings of the Office;
(B) Individuals who are the subject of opinions, particularly on such
subjects as conflict of interest, employee standards of conduct, and
immigration;
(C) Attendees at meetings described in a memorandum included in the
file;
(D) Litigants and judges identified in connection with reported court
decisions and pending cases described in memoranda; and
(E) Other individuals identified in connection with questions
presented to the Office of Legal Counsel for resolution or comment.
Categories of records in the system:
The system consists of memoranda, correspondence, testimony and other
writings of the Office of Legal Counsel from 1945 to the present.
Authority for maintenance of the system:
The system is maintained pursuant to the responsibilities of the
Office of Legal Counsel set forth in 28 CFR 0.25.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Information contained in this system is provided to the following
categories of users for the purposes stated:
(A) Access to the computerized files of the Office of Legal Counsel
will be confined to employees of the Office of Legal Counsel and other
employees of the Department of Justice with specific permission.
(B) With the approval of the agency that requested the opinion,
selected recent opinions of the Office of Legal Counsel will be
published for general use, but personal information about individuals
will be deleted if release of that information would constitute a
clearly unwarranted invasion of personal privacy;
(C) Unpublished opinions of the Office of Legal Counsel are ordinarily
made available upon request to third parties consistent with the
Freedom of Information Act.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
The indices are maintained on 5 x 7 cards in a master subject-matter
index on all Office of Legal Counsel memoranda, opinions,
correspondence, testimony and other writings. In addition, to
facilitate Freedom of Information Act/Privacy Act searches, an
alphabetical assortment of cards has been established within the
immigration and conflict of interest opinion indices which contain the
names of individuals who are the subjects of these opinions. These
are, in effect, cross-indices to a small portion of the Office of
Legal Counsel's overall opinions that are otherwise indexed and
retrieved according to subject matter. These indices are maintained to
assist in the retrieval of opinions and memoranda from chronological
files. However, because the system is undergoing gradual conversion to
a computerized system to facilitate legal research, some opinions are
also now stored on magnetic disks. Even though the software design
creates the capability for name retrieval, the purpose of the design
is to facilitate retrieval by legal subject matter and the Office of
Legal Counsel will continue to utilize the system in this manner.
Retrievability:
The alphabetical card index on conflict of interest and immigration
opinions will be retrieved by name. In addition, while that
information which has been entered into the computer to date may be
retrieved by name, all information, except that on conflict of
interest and immigration opinions, will ordinarily continue to be
retrieved by legal subject matter since the Office seldom has need to
focus on a name in legal research.
Safeguards:
Index cards and chronological files are kept in locked offices when
unattended. Access is restricted to those personnel with a need to
know.
The compilation of Office of Legal Counsel opinions available on
magnetic tape is subject to two access limitations designed to insure
that only authorized personnel of the Office of Legal Counsel have
access. First, the opinions in the computer system can be retrieved
only by those persons having a specified identification number, and
numbers are assigned only to personnel of the Office of Legal Counsel.
Second, there is an access code word in addition to the identification
number required for access to the opinions, and the code word is made
known only to the Office of Legal Counsel personnel.
During the period in which new opinions are being computerized an
exception to these access restrictions is made so that the contracting
assistant in the Justice Management Division who is overseeing the
computerization also has access to the opinions.
Retention and disposal:
The records will be maintained indefinitely.
System manager(s) and address:
Administrative Officer, Office of Legal Counsel, U.S. Department of
Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
Notification procedure:
Inquiries should be addressed to the Assistant Attorney General,
Office of Legal Counsel, at the address above.
Record access procedures:
Same as above.
Contesting record procedures:
Same as above.
Record source categories:
General legal research sources and individuals and agencies requesting
opinions from the Office of Legal Counsel.
Systems exempted from certain provisions of the act:
None.
OFFICE OF LEGAL POLICY
JUSTICE/OLP-001
System name: Freedom of Information and Privacy Appeals Index.
System location:
Office of Legal Policy, United States Department of Justice, 10th and
Constitution Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system:
The system encompasses all individuals who submit administrative
appeals under the Freedom of Information or Privacy Acts and initial
requests for access to records located in the Office of the Attorney
General, Deputy Attorney General or Associate Attorney General.
Categories of records in the system:
The system contains copies of administrative requests, appeals and
other related correspondence filed under the Freedom of Information
and Privacy Acts and copies are filed sequentially by date of receipt
based on a numerical identifier assigned to each appeal. Also included
are index cards which list the name of the appellant and the numercial
identifier assigned.
Authority for maintenance of the system:
The system was established and is maintained to enable the Office of
Legal Policy to comply with the reporting requirements set forth in 5
U.S.C. 552 and 552a.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These records are maintained for the purpose of processing
administrative requests and appeals under the Freedom of Information
and Privacy Acts and to comply with the reporting requirements of
those Acts.
Release of information to the news media:
Information permitted to be released to the news media and the public
pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the Department of Justice 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.
Release of information to members of congress:
Information contained in systems of records maintained by the
Department of Justice, not otherwise required to be released pursuant
to 5 U.S.C. 552, may be made available to a Member of Congress or
staff acting upon 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.
Release of information to the National Archives and Records
Administration:
A record from a system of records may be disclosed as a routine use to
the National Archives and Records Administration (NARA) in records
management inspections conducted under the authority of 44 U.S.C. 2904
and 2906.
Release of information to civil or criminal law enforcement agencies:
Information may be disclosed to any civil or criminal law enforcement
agency, whether Federal, State, local, or foreign, which requires
information relevant to a civil or criminal investigation.
Release of information to agencies regarding the hiring or retention
of employees: Information may be disclosed to officials and employees
of the White House or any Federal agency which requires information
relevant to an agency decision concerning the hiring, appointment, or
retention of an employee; the issuance of a security clearance; the
execution of a security or suitability investigation; the
classification of a job; or the issuance of a grant or benefit.
Release of information to Federal, State, and local licensing
agencies: Information may be disclosed to Federal, State, and local
licensing agencies or associations which require information
concerning the suitability or eligibility of an individual for a
license or permit.
Release of information before a court or adjudicative body:
Information may be disclosed in a proceeding before a court of
adjudicative body before which the Office of Legal Policy is
authorized to appear when (a) the Office of Legal Policy, or any
subdivision thereof, or (b) any employee of the Office of Legal Policy
in his or her official capacity, or (c) any employee of the Office of
Legal Policy in his or her individual capacity where the Department of
Justice has agreed to represent the employee, or (d) the United
States, where the Office of Legal Policy determines that the
litigation is likely to affect it or any of its subdivisions, is a
party to litigation or has an interest in litigation and such records
are determined by the Office of Legal Policy to be arguably relevant
to the litigation.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
These records are stored in file folders in cabinets.
Retrievability:
These folders are filed by the number assigned to each.
Safeguards:
These records are stored in cabinets in a lockable room.
Retention and disposal:
These folders are kept indefinitely.
System manager(s) and address:
Director, Office of Privacy and Information Appeals, Office of Legal
Policy, United States Department of Justice, 10th and Constitution
Avenue, NW, Washington, DC 20530.
Notification procedure:
Same as the System Manager.
Record access procedures:
Same as the System Manager.
Contesting record procedures:
Same as the System Manager.
Record source categories:
Those individuals who submit certain requests and all appeals under
the Freedom of Information and Privacy Acts.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (d)(1),
(2), (3), and (4); (e)(1), (2), (4)(G) and (H), and (5); and (g) of
the Privacy Act pursuant to 5 U.S.C. 552a (j)(2), (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.
JUSTICE/OLP-002
System name: United States Judges Records System.
System location:
Office of the Legal Policy, United States Department of Justice, 10th
and Constitution Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system:
The system encompasses every United States Judge except those
appointed to the United States Court of Military Appeals and Tax
Court.
Categories of records in the system:
This system of records consists of records folders which may contain
up to five sections. The personnel section contains general,
personnel-type information and includes such items as biographical
sketches, oaths of office, copies of commissions, nomination letter,
qualifications statements, letters of recommendation, and copies of
notifications of appointment. The character section contains completed
or portions of on-going background investigations and matters related
thereto. The Congressional section contains Congressional and other
political type recommendations regarding appointment. The complaint
section contains correspondence from individuals or groups complaining
about office holders. The protest section contains correspondence, if
any exists, protesting the appointment of candidates.
Authority for maintenance of the system:
These records are maintained pursuant to 5 U.S.C. 301.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Generally, these records are used only for internal Department of
Justice purposes. Prior to appointment, routine uses would include
those specified for the Presidential Appointee Candidate Record
System.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration: A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) in records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Release of information to the Judicial Branch of the Federal
Government: Information may be disclosed to members of the Judicial
Branch of the Federal Government in response to a specific request
where disclosure appears relevant to the authorized function of the
recipient judicial office of the court.
Release of information to civil or criminal law enforcement agencies:
Information may be disclosed to any civil or criminal law enforcement
agency, whether Federal, State, local, or foreign, which requires
information relevant to a civil or criminal investigation.
Release of information to agencies regarding the hiring or retention
of employees: Information may be disclosed to officials and employees
of the White House or any Federal agency which requires information
relevant to an agency decision concerning the hiring, appointment, or
retention of an employee; the issuance of a security clearance; the
execution of a security or suitability investigation; the
classification of a job; or the issuance of a grant or benefit.
Release of information to Federal, State, and local licensing
agencies: Information may be disclosed to Federal, State, and local
licensing agencies or associations which require information
concerning the suitability or eligibility of an individual for a
license or permit.
Release of information before a court or adjudicative body:
Information may be disclosed in a proceeding before a court or
adjudicative body before which the Office of Legal Policy is
authorized to appear when (a) the Office of Legal Policy, or anu
subdivision thereof, or (b) any employee of the Office of Legal Policy
in his or her official capacity where the Department of Justice has
agreed to represent the employee, or (d) the United States, where the
Office of Legal Policy determines that the litigation is likely to
affect it or any of its subdivisions, is a party to litigation or has
an interest in litigation and such records are determined by the
Office of Legal Policy to be arguably relevant to the litigation.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
These records are maintained in paper folders.
Retrievability:
Information is retrieved by use of the name of the judge, as these
records are filed alphabetically.
Safeguards:
These records are maintained in cabinets stored in a locked room.
Retention and disposal:
The personnel section of the folders of United States Supreme Court
Judges are sent to the National Archives upon the death of the judge.
All other sections are retained indefinitely as are the entire records
folders of all other United States Judges.
System manager(s) and address:
Assistant Attorney General, Office of the Legal Policy, United States
Department of Justice, 10th and Constitution Avenue, NW, Washington,
DC 20530.
Notification procedure:
Address all inquiries to the System Manager. These records will be
exempted from subsections (d)(1) and (e)(1) of section 552a, Title 5,
United States Code, by the Attorney General under the authority of 5
U.S.C. 552a(k)(5) to the extent therein permitted.
Record access procedures:
A request for access to non-exempt portions of records from this
system should be directed orally or in writing to the System Manager.
When requests are in writing, the envelope and letter should be marked
`Privacy Access Request.'
Contesting record procedures:
Individuals desiring to contest or amend information maintained in the
system should direct their request to the System Manager, stating
clearly and concisely what information is being contested, the reasons
for contesting it, and the proposed amendment(s) to the information.
Record source categories:
Non-exempt sources of information contained in this system include the
general public, organizations, associations, the subjects of the
records themselves, government agencies as appropriate, and other
interested parties.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (d)(1)
and (e)(1) of the Privacy Act pursuant to 5 U.S.C. 552a(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.
JUSTICE/OLP-003
System name: General Files System of the Office of Legal Policy.
System location:
Office of the Assistant Attorney General, Office of Legal Policy,
United States Department of Justice, 10th and Constitution Avenue, NW,
Washington, DC 20530.
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 Assistant 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.
Categories of records in the system:
Records may include case files, litigation materials, exhibits,
internal memoranda and reports, or other records on a given subject or
individual. Records vary in number and kind according to the breath of
the Assistant Attorney General's responsibilities (28 CFR 0.23).
Records include those of such significance that the Assistant Attorney
General has policy or administrative interest, and those which cover
investigative or law enforcement cases for which the Assistant
Attorney General is asked to provide an analysis and establish future
policy direction. A computerized index record containing the subject
title and/or individual's name is also maintained.
Authority for maintenance of the system:
These records are maintained pursuant to 5 U.S.C. 301.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These records may be disclosed 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 privacy.
These records may be disclosed to a Member of Congress or staff acting
on the Member's behalf when the Member or staff requests the
information for investigative or policymaking purposes or to provide
constituent assistance.
These records may be disclosed to members of the judicial branch of
the Federal Government in response to a specific request where
disclosure appears relevant to the authorized function of the
recipient judicial office or court system.
These records may be disclosed to any civil or criminal law
enforcement authorities, whether Federal, State, local, or foreign,
which requires information relevant to a civil or criminal
investigation.
These records may be disclosed to the National Archives and Records
Administration (NARA) in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
These records may be disclosed to officials and employees of the White
House or any Federal agency which requires information relevant to an
agency decision concerning the hiring, appointment, or retention of an
employee, the issuance of a security clearance, the conducting of a
security or suitability investigation, the classifying of a job, or
the issuance of a grant or benefit.
These records may be disclosed to Federal, State, and local licensing
agencies or associations which require information concerning the
eligibility or suitability of an individual for a license or permit.
These records may be disclosed in a proceeding before a court or
adjudicative body before which the Office of Legal Policy is
authorized to appear when (a) the Office of Legal Policy, or any
subdivision thereof, or (b) any employee of the Office of Legal Policy
in his or her official capacity, or (c) any employee of the Office of
Legal Policy in his or her individual capacity where the Department of
Justice has agreed to represent the employee, or (d) the United
States, where the Office of Legal Policy determines that the
litigation is likely to affect it or any of its subdivisions, is a
party to litigation or has an interest in litigation and such records
are determined by the Office of Legal Policy to be arguably relevant
to the litigation.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are stored in paper folders and on index cards. As of August
1982, the index record is also stored on magnetic disks.
Retrievability:
Records may be retrieved by subject title or individual's name.
Safeguards:
Records are maintained in cabinets stored in a locked room or, in the
case of those records that are classified, in safes or vaults. The
computer is also maintained in a locked room. The computer has a key
lock and may be accessed only by persons with a Top Secret clearance
by use of a code.
Retention and disposal:
Records are kept indefinitely.
System manager(s) and address:
Deputy Director, Office of Information and Privacy, Office of Legal
Policy, United States Department of Justice, 10th and Constitution
Avenue, NW, Washington, DC 20530.
Notification procedure:
Address all inquiries to the system manager. These records will be
exempted from subsections (c)(3) and (4); (d); (e)(1), (2) and (3),
(e)(4)(G) and (H), (e)(5); and (g) of the Privacy Act pursuant to 5
U.S.C. 552a(j)(2), (k)(1), (k)(2) and (k)(5).
Record access procedures:
Make requests for access to records from this system in writing to the
system manager, and clearly mark both the letter and the envelope
``Privacy Act Request.''
Contesting record procedures:
Make all requests to contest or amend information maintained in the
system in writing to the system manager. State clearly and concisely
what information is being contested, the reasons for contesting it,
and the proposed amendment(s) to the information.
Record source categories:
Sources of information contained in this system include individuals,
local, State and foreign government agencies as appropriate, the
executive and legislative branches of the Federal Government, and
interested third parties.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c)(3)
and (4); (d); (e)(1), (2) and (3), (e)(4)(G) and (H), (e)(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. These exemptions apply only to the extent
that information in a record pertaining to a particular individual
relates to official Federal investigations and law enforcement
matters. Those files indexed under an individual's name and which
concern policy formulation or administrative matters are not being
exempted pursuant to 5 U.S.C. 552a(j)(2), (k)(1), (k)(2) or (k)(5).
JUSTICE/OLP-004
System name: Declassification Review System.
System location:
Office of Information and Privacy, Office of Legal Policy, United
States Department of Justice, 10th and Constitution Avenue, NW,
Washington, DC 20530.
Categories of individuals covered by the system:
This system encompasses: (1) Individuals who (under the Freedom of
Information Act (FOIA) or Privacy Act) appeal from the denial of
access to classified Department of Justice documents; (2) individuals
who (under the FOIA of Privacy Act) request declassification of and
access to classified documents from the Office of the Attorney
General, Deputy Attorney General, Associate Attorney General, or Legal
Policy; and (3) individuals who (under Executive Order 12356) request
declassification of and access to classified Department of Justice
documents which are maintained in a Presidential library.
Categories of records in the system:
Records consist of (1) copies of classified documents which originated
in any component of the Department of Justice and which were denied by
a component under the FOIA or Privacy Act, and classified notes and
cover sheets created during the declassification review of those
documents; (2) classified Attorney General, Deputy Attorney General,
Associate Attorney General, and Office of Legal Policy documents which
are requested under the FOIA or Privacy Act, classified notes created
during the declassification review of these documents, correspondence
with other Federal agencies concerning the declassification or release
of information which originated with the agencies or in which they
have a substantial interest, and copies of responses to the
requesters; and (3) copies of final declassification determinations by
Department components of Department documents maintained in
Presidential libraries as required by Executive Order 12356, Section
3.4(a).
Authority for maintenance of the system:
These records are maintained pursuant to 5 U.S.C. 301.
Purpose(s):
Classified Department records identified under category (1) above are
reviewed by the Attorney General's Department Review Committee (DRC)
to determine whether or not they continue to be properly classified
pursuant to Executive Order 12356. The DRC was established to resolve
issues concerning the administration of the President's Executive
Order on National Security information. DRC members consist of
representatives from the Federal Bureau of Investigation, Criminal
Division, Justice Management Division, and the Offices of Legal
Counsel, Intelligence Policy and Review and the Deputy Attorney
General. Attorney General, Deputy Attorney General, Associate Attorney
General, and Office of Legal Policy records identified under
categories (1) and (2) above are reviewed by the Office of Legal
Policy to determine whether the records should be declassified and
considered for release pursuant to the FOIA or Privacy Act. Copies of
final declassification determinations identified under catetory (3)
above are simply stored in the Classification Review Unit of the
Office of Legal Policy. The Unit serves as the routing point for
Department of Justice documents referred by a Presidential library for
declassification review.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These records may be disclosed 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.
These records may be disclosed to a Member of Congress or staff acting
on the Member's behalf when the Member or staff requests the
information for investigative or policy decisionmaking purposes or to
provide constituent assistance.
These records may be disclosed to the National Archives and Records
Administration (NARA) in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
These records may be disclosed in a proceeding before a court or
adjudicative body before which the Office of Information and Privacy
is authorized to appear when (a) the Office of Information and
Privacy, or any subdivision thereof, or (b) any employee of the Office
of Information and Privacy in his or her official capacity, or (c) any
employee of the Department of Justice in his or her individual
capacity where the Department has agreed to represent the employee, or
(d) the United States, where the Office of Information and Privacy
determines that the litigation is likely to affect it or any of its
subdivisions, is a party to litigation or has an interest in
litigation and such records are determined by the Office of
Information and Privacy to be arguably relevant to the litigation.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
These records are stored in file folders in cabinets or safes.
Retrievability:
These records are indexed and retrieved manually by the individual's
name or case file number.
Safeguards:
Classified records are stored in safes with combination locks. Only
those persons with Top Secret security clearances who are responsible
for conducting declassification reviews have access to the
combinations of these safes. The safes are stored in rooms with
combination or deadbolt locks. Unclassified records are stored in
cabinets in these same rooms.
Retention and disposal:
Records are kept indefinitely.
System manager(s) and address:
Chief, Classification Review Unit, Office of Information and Privacy,
Office of Legal Policy, United States Department of Justice, 10th and
Constitution Avenue, NW, Washington, DC 20530.
Notification procedure:
Address all inquiries to the system manager. These records will be
exempted from subsections (c)(3) and (4); (d); (e)(1), (2) and (3),
(e)(4)(G) and (H), (e)(5); and (g) of the Privacy Act pursuant to 5
U.S.C. 552a(j)(2), (k)(1), (k)(2), and (k)(5).
Record access procedures:
Make all requests for access to records from this system in writing to
the system manager and clearly mark both the letter and the envelope
``Privacy Act Request.'' Provide the full name and notarized signature
of the individual who is the subject of the request, and a return
address.
Contesting record procedures:
Make all requests to contest or amend information maintained in this
system in writing to the system manager. State clearly and concisely
what information is being contested, the reasons for contesting it,
and the proposed amendment(s) to the information.
Record source categories:
The records in this system are generally copies of records maintained
in other systems of records of the Department of Justice. Additional
records consist of letters from the individuals covered by the system.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsection (c)(3)
and (4); (d); (e)(1), (2) and (3), (e)(4)(G) and (H), (e)(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.
OFFICE OF PARDON ATTORNEY
JUSTICE/OPA-001
System name: Executive Clemency Files.
System location:
Office of the Pardon Attorney (OPA), U.S. Department of Justice, 500
First Street, NW, Seventh Floor, Washington, DC 20530.
Categories of individuals covered by the system:
Individuals who have applied for or been granted Executive clemency.
Categories of records in the system:
The system contains the individual petitions for executive clemency
and accompanying oath and character affidavits, investigatory
material, evaluative reports, official and other correspondence, both
solicited and unsolicited and inter-agency and intra-agency
correspondence and memoranda relating to individual petitions for
clemency. The system includes Presidential Clemency Board files
transferred to the OPA upon termination of the Board on September 15,
1975.
Authority for maintenance of the system:
The system is established and maintained in accordance with the United
States Constitution, Article II, section 2; Executive Order of the
President dated June 16, 1893; Order of the Attorney General No. 1011-
83, 48 FR 22290 (1983), as codified in 28 CFR 1.1 et seq.; Order of
the Attorney General No. 1012-83, 48 FR 22290 (1983), as codified in
28 CFR 0.35 and 0.36; E.O. 11878 dated September 10, 1975; and 44
U.S.C. 3101.
Purpose(s):
Exectutive clemency files are maintained by the Attorney General or
his designee to investigate each petition for Executive clemency, to
review each petition and the information developed by the
investigation and to determine whether, in his judgment, the request
for clemency is of sufficient merit to warranty a recommendation for
favorable action by the President. The information also is used by
Federal parole authorities and other Department of Justice employees
to assist them in the performance of their official duties.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records in the system may be used as follows: (a) To provide
information to the President and member of his staff to facilitate the
consideration of the Attorney General's recommendation regarding each
petition for Executive clemency; (b) to prepare notices to the public
of the name of each grantee of clemency, date of Presidential action,
nature of clemency granted, nature of grantee's offense, date and
place of sentencing, description of sentence imposed, and names of
character affiants and interested parties; to disclose similar
information to that specified above with respect to clemency denials
of general public interest if the disclosure does not constitute an
unwarranted invasion of privacy; (c) to prepare bound and indexed
volumes containing photocopies of the official warrant of clemency
granted each recipient of clemency as a public and official record of
Presidential action; (d) upon specific request, to advise the
requester whether a named person has applied for, been granted or
denied clemency, the date thereof, and the nature of the clemency
granted or denied; (e) upon specific request, to make closed files
available for historical research purposes when in the public interest
and in conformity with Department of Justice policy; (f) to provide
information which indicates a violation or apparent violation of law,
whether civil, criminal or regulatory in nature, to the appropriate
agency, whether Federal, State, local or foreign; or to provide
information either in connection with the solicitation of information
necessary and relevant to Executive clemency review or to assist these
agencies, where appropriate, in performing their law enforcement
responsibilities in situations other than those involving a violation
or apparent violation of law, e.g., state parole or clemency review;
(g) to provide information to present and former law enforcement and
judicial authorities to permit the formulation of comments and
recommendations regarding individual clemency matters arising from
cases with which they may be familiar; (h) to provide information to
assist sentencing authorities in executing appropriate actions
subsequent to Presidential clemency decisions; (i) to release
information in a proceeding before a court or adjudicative body before
which the OPA is authorized to appear when (1) one of the following is
a party to or has an interest in the litigation: i. the OPA; ii. any
employee of the OPA in his or her official capacity; iii. any employee
of the OPA in his or her individual capacity where the Department of
Justice has agreed to represent the employee; or, iv. the United
States where the OPA determines that it is likely to be affected by
the litigation; and (2) the records, or information derived therefrom,
are determined by the OPA to be arguably relevant to the litigation;
(j) to disseminate information 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; (k) to make
information available to a Member of Congress or staff acting upon 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; and (1) to make records available to the National Archives
and Record Administration and to the General Services Administration
in records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information in the system is maintained in its original form (i.e.,
paper letters, notes and memoranda) and stored in locked file cabinets
in the OPA and in the Federal Records Center in Suitland, Maryland.
Retrievability:
Information is retrieved by using a name index to obtain the case file
number assigned to each applicant for Executive clemency.
Safeguards:
Information contained in the system is protected in accordance with
Department of Justice security regulations for Privacy Act systems of
records. Files are maintained in the OPA or in the Federal Records
Center, are not commingled with other Department of Justice records,
and are made available only in accordance with the aforementioned
routine uses. When not in the custody of an appropriate official,
records are stored in a central file room in a secure government
building.
Retention and disposal:
Records are stored in the OPA and closed cases generally are
transferred to the Federal Records Center in Suitland, Maryland when
two years old. Except for clemency reports which are furnished to the
President in connection with clemency application, Presidential
responses, warrants or other documents signifying the President's
action in a clemency case, and cases which may be designated by the
Pardon Attorney as having significant public interest, records are
destroyed after 15 years.
System manager(s) and address:
Pardon Attorney, Office of the Pardon Attorney, Department of Justice,
500 First Street, NW, Seventh Floor, Washington, DC 20530.
Notification procedure:
Address inquiries to the Pardon Attorney, Department of Justice, 500
First Street, NW, Seventh Floor, Washington, DC 20530.
Record access procedures:
While the Attorney General has exempted Executive Clemency files from
the access provisions of the Privacy Act, requests for discretionary
releases of records shall be made in writing to the system manager
listed above with the envelope and letter clearly marked ``Privacy
Access Request.'' Include in the request the general subject matter of
the document. Provided full name, current address, date and place of
birth, signature (which must be notarized) and a return address for
transmitting the information.
Contesting record procedures:
While the Attorney General has exempted Executive Clemency files from
the correction (contest and amendment) provisions of the Privacy Act,
requests for the discretionary correction (contest and amendment) of
records should be directed 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.
Record source categories:
Sources of information are the OPA staff, individual applicants for
clemency and their representatives, Federal Bureau of Investigation or
other official investigatory reports. Bureau of Prisons records, Armed
Forces reports, probation of parole reports, and reports from
individuals or non-Federal organizations, both solicited and
unsolicited.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsection (d) of
the Privacy Act pursuant to 5 U.S.C. 552a(j)(2). 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.
JUSTICE/OPA-002
System name: Miscellaneous Correspondence File.
System location:
Office of the Pardon Attorney (OPA), U.S. Department of Justice, 500
First Street, NW, Seventh Floor, Washington DC 20530.
Categories of individuals covered by the system:
Individuals who are the named subjects of OPA incoming and outgoing
correspondence, but who have not formally applied for or received
Executive clemency. Also, individuals who have corresponded with the
OPA, either directly or by referral, but whose correspondence either
may or may not pertain to a particular named individual, including the
correspondent, or whose correspondence does not contain a request for
information under the Freedom of Information/Privacy Acts.
Categories of records in the system:
The system contains miscellaneous correspondence originated by OPA and
received by OPA, either directly or by referral, excluding
correspondence pertaining to (1) individuals who have formally applied
for or received Executive clemency and (2) individuals who have made
formal requests for records under the Freedom of information/Privacy
Acts.
Authority for maintenance of the system:
The system is established and maintained in accordance with the United
States Constitution, Article II, Section 2; Executive Order of the
President dated June 16, 1893; Order of the Attorney General No. 1011-
83, 48 FR 22290 (1983), as codified in 28 CFR 1.1 et seq.; Order of
the Attorney General No. 1012-83, 48 FR 22290 (1983), as codified in
28 CFR 0.35 and 0.36; E.O. 11878 dated September 10, 1975; and 44
U.S.C. 3101.
Purpose(s):
Records in the system are used by employees in the performance of
their duties for reference and informational purposes to facilitate
efficient, accurate and consistent responses to oral and written
inquiries, particularly successive inquiries, and to provide access
for a reasonable period of time to any relevant and necessary
information which may assist in formulating policy and/or in
considering potential and/or in considering potential candidates for
Executive clemency.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records in the system may be used as follows: (a) To provide
information to the President and members of his staff which may be of
political, policy or official interest and/or which may assist them in
formulating policy decisions regarding the exercise of Executive
clemency; (b) to release information in a proceeding before a court or
adjudicative body before which the OPA is authorized to appear when
(1) one of the following is a party to or has an interest in the
litigation: i. The OPA; ii. any employee of the OPA in his or her
official capacity; iii. any employee of the OPA in his or her
individual capacity where the Department of Justice has agreed to
represent the employee; or, iv. the United States where the OPA
determines that it is likely to be affected by the litigation; and (2)
the records, or information derived therefrom, are determined by the
OPA to be arguably relevant to the litigation; (c) to disseminate
information 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; (d) to make information available to a
Member of Congress or staff acting upon 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; (e) to
make records available 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.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information in the system is maintained in its original form (i.e.,
paper letters, notes and memoranda) and stored in locked file cabinets
in the OPA.
Retrievability:
Information is retrieved by the name of the individuals covered by the
system.
Safeguards:
Information in the system is protected in accordance with Department
of Justice security regulations for Privacy Act systems of records.
Records are maintained in the OPA and are not commingled with other
Department of Justice records. When not in the custody of an
appropriate official, records are stored in a central file room in a
secure government building.
Retention and disposal:
Records are destroyed at the end of the calendar year following the
calendar year in which they were received (incoming correspondence).
If an individual covered by the system formally applies for or
receives Executive clemency, all records pertaining to that individual
will be transferred immediately to the Executive Clemency Files
(JUSTICE/OPA-001).
System manager(s) and address:
Pardon Attorney, Office of the Pardon Attorney, Department of Justice,
500 First Street, NW, Seventh Floor, Washington, DC 20530.
Notification procedure:
Address inquiries to the Pardon Attorney, Department of Justice, 500
First Street, NW, Seventh Floor, Washington, DC 20530.
Record access procedures:
Requests for records in the system shall be made in writing with the
envelope and letter clearly marked ``Privacy Access Request'' and
shall be addressed to the system manager listed above. Include in the
request the general subject matter and date of correspondence. Provide
full name, current address, date and place of birth, signature (which
must be notarized) and a return address for transmitting the
information.
Contesting record procedures:
Requests to contest or amend records shall be addressed in writing to
the system manager and shall state clearly and concisely what
information is being contested, the reasons for contesting it, and the
proposed amendment to the information.
Record source categories:
Sources of information are the individuals covered and the OPA staff.
Systems exempted from certain provisions of the act:
None.
JUSTICE/OPA-003
System name: Freedom of Information/Privacy Acts (FOI/PA)
Request File.
System location:
Office of the Pardon Attorney (OPA), U.S. Department of Justice, 500
First Street, NW, Seventh Floor, Washington, DC 20530.
Categories of individuals covered by the system:
Individuals who have submitted requests pursuant to the FOI/PA (5
U.S.C. 552 and 552a) for copies of records in the custody of the OPA.
Categories of records in the system:
The system contains the FOI/PA requests and a copy of the outgoing
response advising the requester of the disposition of the request. The
system includes copies of the requested records which have not been
released either in whole or in part. In addition, it also contains
copies of memoranda addressed to the Office of Information and Privacy
prepared in connection with any administrative appeals of the Pardon
Attorney's determination, and copies of the pleadings filed in
connection with any judicial appeals.
Authority for maintenance of the system:
The system is established and maintained in accordance with the United
States Constitution, Article II, Section 2; Executive Order of the
President dated June 16, 1893; Order of the Attorney General No. 1011-
83, 48 FR 22290 (1983), as codified in 28 CFR 1.1 et seq.; Order of
the Attorney General No. 1012-83, 48 FR 22290 (1983), as codified in
28 CFR 0.35 and 0.36; E.O. 1187 dated September 10, 1975; and 44
U.S.C. 3101.
Purpose(s):
The FOI/PA Request File is maintained to facilitate complete, accurate
and consistent responses to written FOI/PA requests and to expedite
response time. The system also assists the OPA in compiling its
contribution to the Department of Justice annual FOI/PA statistical
reports and enables it to readily determine that portion of its
resources devoted to FOI/PA processing. The FOI/PA Request File also
aids in processing administrative and judicial appeals of access and
amendment denials.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records in the system may be used as follows: (a) To release
information in a proceeding before a court or adjudicative body before
which the OPA is authorized to appear when (1) one of the following is
a party to or has an interest in the litigation: i. The OPA; ii. any
employee of the OPA in his or her official capacity; iii. any employee
of the OPA in his or her individual capacity where the Department of
Justice has agreed to represent the employee; or iv. the United States
where the OPA determines that it is likely to be affected by the
litigation; and (2) the records, or information derived therefrom, are
determined by the OPA to be arguably relevant to the litigation; (b)
to make available information 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; (c) to provide
information to a Member of Congress or staff acting upon 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;
(d) to release records 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.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information in the system is maintained in its original form (i.e.,
paper letters, notes and memoranda) and stored in locked file cabinets
in the OPA.
Retrievability:
Records are retrieved by the name of the individual submitting the
FOI/PA request.
Safeguards:
Records in the system are protected in accordance with Department of
Justice security regulations for Privacy Act systems of records.
Records are maintained in the OPA and are not commingled with other
Department of Justice records. When not in the custody of an
appropriate official, records are stored in a central file room in a
secure government building.
Retention and disposal:
Records in the system are retained according to General Records
Schedule (GRS) No. 14, Informational Services Records, which contains
the mandatory records disposition standards for FOI/PA requests as
promulgated by the National Archives and Records Administration. GRS
14, item 16a(3)(a) requires that denied requests not appealed be
retained for six years and item 17a requires that appealed requests be
retained for six years after final agency determination or three years
after final adjudication by the courts, whichever is later.
System manager(s) and address:
Pardon Attorney, Office of the Pardon Attorney, Department of Justice,
500 First Street, NW, Seventh Floor, Washington, DC 20530.
Notification procedure:
Address inquiries to the Pardon Attorney, Department of Justice, 500
First Street, NW, Seventh Floor, Washington, DC 20530.
Record access procedure:
While the Attorney General has exempted the FOI/PA Request File from
the access provisions of the Privacy Act, requests for discretionary
releases of records shall be made in writing to the system manager
listed above with the envelope and letter clearly marked ``Privacy
Access Request.'' Include in the request the general subject matter of
the document. Provide full name, current address, date and place of
birth, signature (which must be notarized) and return address for
transmitting the information.
Contesting record procedures:
While the Attorney General has exempted the FOI/PA Request File from
the correction (contest and amendment) provisions of the Privacy Act,
requests for the discretionary correction (contest and amendment) of
records should be directed 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.
Record source categories:
Sources of information are the FOI/PA requester and the OPA staff.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsection (d) of
the Privacy Act pursuant to 5 U.S.C. 552a(j)(2). 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.
OFFICE OF PROFESSIONAL RESPONSIBILITY
JUSTICE/OPR-001
System name: Office of Professional Responsibility Record Index.
System location:
U.S. Department of Justice, 10th and Constitution Avenue NW,
Washington, DC 20530.
Categories of individuals covered by the system:
(1) Department of Justice employees who are the subjects of complaints
directed to, or inquiries or investigations conducted by, the Office
of Professional Responsibility; (2) individuals (complainants) who
write to the Office of Professional Responsibility; (3) individuals
(complainants) who write to the Attorney General or other officials of
the Department and whose correspondence is referred to the Office of
Professional Responsibility; (4) employees of agencies of the Federal
Government, other than the Department of Justice, about whom
information indicating possible criminal or administrative misconduct
has been developed during the course of routine investigation by
components of the Department of Justice, when such information is
furnished to the Office of Professional Responsibility for referral--
if warranted--to an appropriate investigative component of the
Department of Justice, or to another government agency.
Categories of records in the system:
This system of records consists of complaints filed against
Departmental employees, the results of investigations into those
complaints, and actions taken after completion of the investigations.
This system also includes all records developed pursuant to special
assignments given to the Office of Professional Responsibility by the
Attorney General or the Deputy Attorney General as well as records
containing information indicating possible misconduct by employees of
the Federal Government, other than the Department of Justice, which
have been furnished to the Office of Professional Responsibility for
referral, if warranted, to the appropriate investigative authority.
Authority for maintenance of the system:
44 U.S.C. 3101 et seq. and 28 CFR 0.39 et seq.
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 a potential violation of law,
whether civil, criminal, or regulatory in nature, and arising by
general statute or particular program statute, or by regulation, rule
or order issued pursuant thereto, the relevant records in the system
of records may be referred, as a routine use, to the appropriate
agency, whether Federal, state, local or foreign, charged with the
responsibility of investigating or prosecuting such violation or
charged with enforcing or implementing the statute, rule, regulation
or order issued pursuant thereto; (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 violations, 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
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 may be disseminated in an appropriate Federal, state,
local or foreign court or grand jury proceeding in accordance with
established constitutional, substantive or procedural law or practice;
(4) a record relating to a case or matter may be disseminated to a
Federal, state, or local administrative or regulatory proceeding or
hearing in accordance with the procedures governing such proceeding or
hearing; (5) a record may be disseminated to a federal agency, in
response to its request, in connection with the hiring or retention of
an employee, the issuance of security clearance or the reporting of an
investigation of an employee; (6) information permitted to be released
to the news media and the public pursuant to 28 CFR 50.2 may be made
available from systems of records maintained by the Department of
Justice 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; (7) release of information
to Members of Congress: Information contained in systems of records
maintained by the Department of Justice, not otherwise required to be
released pursuant to 5 U.S.C. 552, may be made available to a Member
of Congress or staff acting upon the Member's behalf when the Member
or staff requests information on behalf of and at the request of the
individual who is the subject of the record; (8) a record from a
system of records may be disclosed as a routine use to the National
Archives and Records Administration and the General Services
Administration in records management inspections conducted under 44
U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information is stored manually in file jackets and electronically in
office automation equipment.
Retrievability:
Information is retrieved in some instances by the name of the
complainant and in some instances by the name of the employee who is
the subject of the complaint.
Safeguards:
The information is stored in safes, locked filing cabinets and office
automation equipment in a limited access area and is maintained
according to applicable departmental security regulations.
Retention and disposal:
Records in this system are retained and disposed of in accordance with
the General Records Schedule, Federal Property Management Regulations
101-11.4.
System manager(s) and address:
Counsel on Professional Responsibility, Department of Justice, 10th
and Constitution Avenue NW, Washington, DC 20530.
Notification procedure:
Address any inquiries to the system manager listed above.
Record access procedures:
The major part of this system is exempted from this requirement under
(5 U.S.C. 552a(j)(2), (k)(1), (k)(2) or (k)(5). To the extent that
this system of seconds is not subject to exemption, it is subject to
access and contest. A determination as to exemption shall be made at
the time a request for access is received. A request for access to
record contained in this system shall be made in writing, with the
envelope and the letter clearly marked ``Privacy Access Request.''
Include in this request the name of the individual involved, his birth
date and place, or any other identifying number or information which
may be of assstance in locating the record. The requester will also
provide a return address for transmitting the information. Access
requests will be directed to the System Manager listed above.
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 their
information sought.
Record source categories:
Department officers and employees, and other Federal, state, local and
foreign law enforcement and non-law enforcement agencies, private
persons, witnesses, and informants.
Systems exempted from certain provisions of the act:
The Atttorney General has exempted this system from subsections (c)
(3) and (4), (d), (e), (1), (2) and (3), (e)(4)(G) and (H), (e) (5)
and (8), (f) 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.
OFFICE OF PUBLIC INFORMATION
JUSTICE/OPI - 001
System name: News Release, Document and Index System.
System location: Room 5114, U.S. Department of Justice, 10th Street and
Constitution Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system: A. Defendants in civil
and criminal actions brought by the Department of Justice for which
news releases were issued; B. Current and former employees of the
Department of Justice on which news releases and biographical
information were prepared.
Categories of records in the system: The system contains an index record
of each news release and document issued by the Department of
Justice and copies of the news release and document.
Authority for maintenance of the system: The system is established and
maintained at the direction of the Attorney General pursuant to 5
U.S.C. 301 and 44 U.S.C. 3101.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: The index is used to
retrieve news releases and documents issued by the Department upon
request.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: Release of information to
the National Archives and Records Administration: A record from a
system of records may be disclosed as a routine use to the National
Archives and Records Administration (NARA) in records management
inspections conducted under the authority of 44 U.S.C. 2904 and
2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Information maintained in the system is stored manually on
index cards and letter- and legal-size paper.
Retrievability: Information is retrieved by using the name of the
defendant, subject matter of legal action, state in which action is
filed, and name of current or former employee.
Safeguards: Information contained in the system is unclassified.
Retention and disposal: The index and one copy of each news release are
retained indefinitely. Additional copies are retained for one year
and then destroyed.
System manager(s) and address: Director of Public Information, U.S.
Department of Justice, 10th Street and Constitution Avenue, NW,
Washington, DC 20530.
Notification procedure: Same as the above.
Record access procedures: A request for a copy of a record from this
system may be made in writing, by telephone, or in person.
Contesting record procedures: Persons 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 amendments to the information sought.
Record source categories: Sources of information contained in this
system are those employees who prepared the document on which a news
release is based.
Systems exempted from certain provisions of the act: None.
PAROLE COMMISSION
JUSTICE/PRC-001
System name: Docket, Scheduling and Control.
System location:
Records are maintained at each of the Regional Offices for inmates
incarcerated in and persons under supervision in each region, except
for the National Appeals Board docket maintained in Washington.
Duplicates of regional materials are maintained in Washington. All
requests for records should be made to the appropriate regional office
or Headquarters at the following addresses: United States Parole
Commission, 2nd and Chestnut Sts. Customs House--7th Floor,
Philadelphia, PA 19106, United States Parole Commission, 1718
Peachtree St., NW, Suite 250, Atlanta, GA 30309, United States Parole
Commission, 5550 Friendship Blvd., Chevy Chase Md. 20815, ATTN:
National Appeals Board, United States Parole Commission, Air World
Center Suite 220, 10920 Ambassador Dr., Kansas City, Mo. 64153. United
States Parole Commission, 525 Griffin St., Suite 820 Dallas, Tex.
75202. United States Parole Commission, 1301 Shoreway Road Fourth
Floor, Belmont, CA 94002
Categories of individuals covered by the system:
Current and former inmates under the custody of the Attorney General
who are to be scheduled for hearings under Commission procedures.
Former inmates includes those presently under supervision as parolees
or mandatory releasees and those against whom a revocation warrant has
been issued.
Categories of records in the system:
(a) Docket sheets--Each region and the National Appeals Board in
Washington maintains a cumulative series of docket sheets in time
sequence showing Commission action. Principal data elements are name
and register number of inmate, offense, sentence, and previous and
present Action. The appeal docket includes the data and type of appeal
in addition to much of the above data. These provide a continual
running record of the basic data elements per inmate and former
inmate. Docket sheets are used to input this information into a
computer program which produces printouts of identical information and
certain statistical reports. (b) Hearing schedules--Shortly after
inmates are incarcerated, their names appear on an eligibility list
prepared by the Bureau of Prisons, for initial parole hearings.
Following the hearing, the Commission may order that the inmate be
denied parole, granted a presumptive parole date, granted an effective
(within six months) parole date or continued to a 15 year
reconsideration hearing. Other types of hearings and reviews are
provided for in the Code of Federal Regulations as part of parole,
rescission or revocation procedures. All of the different types of
hearings and reviews are placed on schedules for examiners to process
when they visit the various institutions or hold ``local'' hearings.
The data elements are similar to those on the docket but indicate the
number and type of hearing or review to be held instead of the result.
Authority for maintenance of the system:
18 U.S.C. 4201-4218, 5005-5041, 28 CFR part 0, subpart V, and 28 CFR
part 2.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(a) The dockets provide the basis of answering basic inquiries, mostly
from within the Parole Commission, as to when a hearing came up for an
individual and what action was taken. The schedules indicate to
examiners and prison staff the specific hearings and reviews to be
prepared for and held.
(b) In the event that material in this system indicates 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 referred
to the appropriate agency, whether Federal, State, local or foreign,
charged with responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation or order issued pursuant thereto.
(c) A record from this system of records may be disclosed to a
Federal, State or local agency maintaining civil, criminal or other
relevant information if necessary to obtain information relevant to an
agency decision concerning parole matters.
(d) A record from this system may be disclosed to a Federal agency, in
response to its request, in connection with the hiring or retention of
an employee, the issuance of a 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 is relevant and necessary
to the requesting agency's decision on the matter.
(e) Internal users--Employees of the Department of Justice who have a
need to know the information in the performance of their duties.
(f) External users--As noted above, on occasion employees of Federal,
State and local enforcement, correctional, prosecutive, or other
agencies, and courts may have access to this information.
Release of information to the news media:
Information permitted to be released to the news media and the public
pursuant to 28 CFR 50.2 may be made available 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.
Release of information to members of congress.
Information not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available to a Member of Congress or staff acting
upon the Member's behalf when the Member or staff requests the
information on behalf of and in response to a communication from the
individual who is the subject of the record.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA):
A record may be disclosed as a routine use to the NARA and GSA in
records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information stored in the system is on sheets of paper, one item per
line, stored in folders or binders. An experimental program to store
such data on tape disk, or microfiche using ADP technology, and to
prepare certain computer printouts is in effect in all regions. Data
also may be stored on paper printouts through file retention.
Retrievability:
Name, register number, date, institution Commission action, and
statistical data as to such actions.
Safeguards:
Copies of dockets, printouts and schedules are not disseminated
outside of Commission offices and Bureau of Prisons installations.
They are available only to Commission and bureau employees on a ``need
to know'' basis. Information therefrom may be given outside the
Department as indicated in the ``Routine Uses.'' If so, a letter will
be written covering the item disclosed, date and identity of the
recipient. If information must be given over the phone due to urgency,
the caller will be identified beforehand and details of the call
recorded.
Retention and disposal:
Records in this system are kept for five (5) years after the effective
date of the schedule or date of the last item recorded on the docket.
They are then shredded and electronically stored records are erased.
System manager(s) and address:
Director, Research and Program Development, United States Parole
Commission, 5550 Friendship Blvd., Chevy Chase, MD 20815.
Notification procedure:
Address inquiries to Regional Commissioner at appropriate location.
For general inquiries, address system manager. The Attorney General
has exempted this system from compliance with the provisions of
subsection (d), under the provisions of subsection (j).
Record source categories:
(1) Bureau of Prisons files; (2) Parole Commission and Bureau of
Prison's employees; (3) Court Records; (4) Parole Commission inmate
files.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c)(3)
and (4), (d), (e)(2) and (3), (e)(4)(G) and (H), (e)(8), (f) and (g)
of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2). 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.
JUSTICE/PRC-002
System name: Freedom of Information Act Record System.
System location:
Records may be retained at any of the Regional Offices as indicated in
the Inmate and Supervision Files System and the Headquarter's Office.
All requests for records may be made to the Central Office, United
States Parole Commission, 5550 Friendship Blvd., Chevy Chase, MD
20815, ATTN: FOIA OFFICER or to the appropriate Regional Office.
Categories of individuals covered by the system:
Current and former inmates under the custody of the Attorney General,
including former inmates on supervision.
Categories of records in the system:
(1) Administrative requests and responses to requests for information
and records under 5 U.S.C. 552, and 552a and appeals from denials of
data; (2) Final orders of Commission following all parole, rescission,
and revocation hearings, record reviews, and appeals are maintained in
the Freedom of Information Act reading room at Commission headquarters
with names removed to protect individual privacy of inmates and
persons on supervision. Final decisions in labor and pension cases are
maintained in said reading room.
Authority for maintenance of the system:
5 U.S.C. 552 and 552a.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The system is used: (a) To maintain records concerning the processing
and determination or requests for information made pursuant to the
Freedom of Information Act, 5 U.S.C. 552 and Privacy Act, 5 U.S.C.
552a; and make final orders available in a reading room pursuant to 5
U.S.C. 552; (b) to provide documentation of receipt and processing
requests for information made pursuant to the Freedom of Information
and Privacy Acts if needed for processing contested denials of release
of data (c) to furnish information to employees of the Department of
Justice who have a need for information from the system in performance
of their duties; (d) to maintain a count of requests and method of
compliance as required by Freedom of Information and Privacy Acts.
Release of information to the news media:
Information permitted to be released to the news media and the public
pursuant to 28 CFR 50.2 may be made available 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.
Release of information to members of Congress.
Information not otherwise required to be released pursuant to 5 U.S.C.
552 and 552a may be made available to a Member of Congress or staff
acting upon the Member's behalf when the Member or staff requests the
information on behalf of and in response to a communication from the
individual who is the subject of the record.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA):
A record may be disclosed as a routine use to the NARA and GSA in
records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information maintained in the system is stored on documents and
microfilm.
Retrievability:
Documents are indexed by name and/or register number. Final orders in
the reading room are indexed by region and date.
Safeguards:
Information is stored in file cabinets in rooms supervised by day and
locked at night and are made available to Commission personnel and
other Department of Justice employees on a ``need to know'' basis.
Each requestor may see his own file. The public may use the reading
room.
Retention and disposal:
Records in this system are in in accordance with General Records
Schedule No. 14, then destroyed by shredding.
System manager(s) and address:
FOIA Officer, United States Parole Commission, 5550 Friendship Blvd.,
Chevy Chase, MD 20815.
Notification procedure:
Same as the above.
Record access procedures:
Same as the above.
Contesting record procedures:
Same as the above.
Record source categories:
(1) Inmates and persons on supervision; (2) Department of Justice
employees.
Systems exempted from certain provisions of the act:
None.
JUSTICE/PRC-003
System name: Inmate and Supervision Files.
System location:
Records are maintained at each of the U.S. Parole Commission's (USPC)
Regional Offices for inmates incarcerated in and persons under
supervision in each region. Records are housed temporarily at the
Commission's Headquarters Office located at 5550 Friendship Blvd.,
Chevy Chase, MD 20815 when used by the National Appeals Board or other
Headquarters personnel. A duplicate records of certain data elements
from files is maintained on microfiche for Headquarters use. Prior to
the first parole hearing, the inmate's file is maintained at the
institution at which he is incarcerated. Certain records on parolees
and mandatory releases are maintained at probation offices. All
requests for records should be made to the appropriate regional office
at the following addresses: U.S. Parole Commission, Customs House
Seventh Floor, Second and Chestnut Streets, Philadelphia, Pa. 19106.
U.S. Parole Commission, 1718 Peachtree St. NW, Suite 250, Atlanta, GA
30309. U.S. Parole Commission, Air World Center, Suite 220, 10920
Ambassador Drive, Kansas City, Mo. 64153. U.S. Parole Commission, 525
Griffin St., Suite 820, Dallas, Tex. 75202, U.S. Parole Commission,
1301 Shoreway Road, 4th Floor, Belmont, CA 94002.
Categories of individuals covered by the system:
Current and former inmates under the custody of the Attorney General.
Former inmates include those presently under supervision as parolees
or mandatory releasees.
Categories of records in the system:
1. Compulation of sentence and supportive documentation.
2. Correspondence concerning pending charges, and wanted status,
including warrants.
3. Requests from other Federal and non-Federal law enforcement
agencies for notification prior to release.
4. Records of the allowance forfeiture, withholding and restoration of
good time.
5. Information concerning present offense, prior criminal background
sentence, and parole from the U.S. Attorneys, the Federal Courts, and
Federal prosecuting agencies.
6. Identification data.
7. Order of designation of institution or original commitment.
8. Records and reports of work and housing assignments.
9. Program selection assignments and performance adjustments/progress
reports.
10. Conduct records.
11. Social background.
12. Educational data.
13. Physical and mental health data.
14. Parole Commission applications, appeal documentation, orders
actions, examiner's summaries, transcripts or tapes of hearings,
guideline evaluation documents, parole or mandatory release
certificates, statements or third parties for or against parole,
special reports on youthful offenders and adults required by statute
and related documents.
15. Correspondence regarding release planning, adjustment and
violations.
16. Transfer orders.
17. Mail and visit records.
18. Personal property records.
19. Safety reports and rules.
20. Release processing forms and certificates.
21. Interviews requests forms from inmates.
22. General correspondence.
23. Copies of inmate court petitions and other court documents.
24. Report of probation officers. Commission correspondence with
former inmates and others, and Commission order and memoranda dealing
with supervision and conditions of parole or mandatory release.
25. If an alleged parole violation exists, correspondence requesting a
revocation warrant, warrant application, warrant, instructions as to
service, detainers and related documents.
Authority for maintenance of the system:
18 U.S.C. 4201-4218, 5005-5041, 28 CFR part 0, subpart V, and 28 CFR
part 2.
Purpose(s):
The system constitutes the agency's records upon which it bases all
its decisions with respect to every stage of parole consideration from
initial hearing to termination of parole supervision. For example, it
is used by USPC hearing examiners to perform a prehearing review and
to conduct the inmate's initial parole hearing. After that hearing, it
is maintained in the appropriate regional office where it provides the
principal information source for all decisions leading to parole or
denial of parole, and all decisions following release to supervision.
It is used at USPC headquarters when appeals come before the National
Appeals Board or when needed by legal counsel and others on the
headquarters staff. It is used by employees at all levels, including
USPC members, to provide information for decisionmaking in every area
of USPC responsibility. Files of released inmates are used to make
statistical studies of subjects related to parole and revocation.
Finally, the file is maintained to provide the rationale of USPC
actions when an agency determination is questioned by members of the
public or challenged in judicial proceedings.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(a) The system may be used as a source for disclosure of information
which is solely a matter of public record and which is traditionally
released by the agency to further public understanding of its criminal
justice system, including but not limited to offense, sentence data,
and prospective release date.
(b) The system may be used to provide an informational source for
responding to inquiries from Federal inmates, their families,
representatives, and Congressional offices.
(c) Record from the system of records may be routinely disclosed to
U.S. Probation Officers for the performance of their official duties.
(d) In the event that the USPC is informed of a violation or suspected
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 of investigating or prosecuting such violation
or charged with enforcing or implementing the statute, or rule,
regulation or order, issued pursuant thereto.
(e) Records from this system may be disclosed to a Federal, State or
local agency or court if that agency or court requests information for
an official purpose to which the documents appear to be relevant.
(f) A record from this system may be disclosed to a person or to
persons who may be exposed to harm through contact with a particular
parolee or mandatory releasee (or to persons in a position to prevent
or minimize such harm), if it is deemed to be necessary to give notice
that such danger exists.
(g) Lists of names of parolees and mandatory releasees entering a
jurisdiction and related information may be disclosed to law
enforcement agencies upon request as may be required for the
protection of the public for the enforcement of parole conditions.
(h) Disclosure of USPC notices of action may be made (1) by the Office
of Public Affairs of the U.S. Department of Justice to the public
generally, and (2) by USPC to specific crime victims and witnesses (as
those terms are used in the Victim and Witness Protection Act of
1982), from the files of prisoners whose applications for parole have
been decided by USPC. The purpose of such disclosure is to further
understanding of the criminal justice system by the public and by
crime victims and witnesses.
(i) Incidental disclosure of file material may be made during the
course of a parole or parole revocation hearing to victims and
witnesses of crime and other legitimately interested persons
authorized by USPC to attend such hearing, so as to further their
understanding of the case to permit their intelligent comment with
respect to USPC's decision.
(j) Records which are arguably relevant to litigation in which the
Parole Commission has an interest, or to the litigation defense of its
present or former employees (if the Department of Justice has agreed
to provide representation) may be disclosed from a current or former
inmates's or parolee's file by disseminating in proceeding before a
court or tribunal at any time deemed appropriate by the Government's
attorney.
(k) A record from this system of records may be disclosed to a current
or former criminal justice official who is a defendant in a lawsuit
brought by, or which involves, an individual who is the subject of a
file maintained in this system of records, provided that such
litigation arises from allegations of misconduct on the part of the
defendant while a criminal justice official, and that the records are
arguably relevant to the matter in litigation. Such records may be
disclosed to the defendant to facilitate the preparation of his or her
defense.
(l) Records from this system may be disclosed to any person performing
any service for the USPC pursuant to authority exercised by the
Chairman under 18 U.S.C. 4204(b)(1) through (8), and for the purposes
contemplated by that statute.
(m) A record relating to the identification and location of Human
Immunodeficiency Virus (HIV)-positive parolees (those who test
positive for the Acquired Immune Deficiency Syndrome virus) may be
disseminated to State or local health departments where permitted by
State law.
(n) Where the Commission or supervising probation office believes that
a specific person is or has been exposed to a medically recognized
risk from an HIV-positive parolee and has not been advised of such
risk, a record relating to the identification of that parolee may be
released to the parolee's physician or State or local health
authorities for the purpose of determining if the physician or health
authorities are willing to provide a warning to the third-party at
risk and, if willing, for the purpose of providing such a warning.
(o) A record relating to the identification of an HIV-positive parolee
may be made to a third party where it is believed that such third
party is or has been exposed to medically recognized type of risk from
an HIV-positive parolee and has not been advised of such risk. Such
disclosures under this routine use would be made only where the
parolee's physician or State or local health authorities are unable or
unwilling to make such a warning to the third party; such disclosures
will be made discreeting and as a confidential communication.
(p) To the extent not prohibited by State law, a record relating to
the identification and location of an HIV-positive parolee may be
disseminated to those medical facilities, State or local health
departments, community organizations or similar groups capable of
providing medical help or counseling to HIV-positive parolees.
(q) A record relating to the identification of an HIV-positive parolee
may be released to the United States Marshal when the Commission
issues a parole violator warrant for the arrest of an HIV-positive
parolee.
(r) Information permitted to be released to the news media and the
public pursuant to 28 CFR 50.2 may be made available 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.
(s) Information nor otherwise required to be released pursuant to 5
U.S.C. 552 may be made available to a Member of Congress or staff
acting upon 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.
(t) 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.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Manual requests records are stored in locked safes. Automated requests
records are stored on disks.
Retrievability:
Requests reports are filed and retrieved under the names of those
persons and individuals identified under the caption ``Categories of
individuals covered by the system.'' These records are retrieved by
Department personnel to perform their duties, e.g., when subsequent
requests are made by the public for copies of their previous requests
and responses thereto, or when the requester submits a supplemental
request to information clarifying a previous request.
Safeguards:
Access to requests records is limited to Department of Justice
personnel who have need for the records to perform their duties.
Request files (manual records) are stored in locked safes. All records
are stored in an office which is occupied during the day and locked at
night.
Retention and disposal:
Records are held at the regional office until termination of sentence
then transferred to the Washington National Records Center. Records
are destroyed ten years after the case becomes inactive.
System manager(s) and address:
FOIA Officer, United States Parole Commission, 5550 Friendship Blvd.,
Chevy Chase, MD 20815.
Notification procedure:
Address inquiries to Regional Commissioner at appropriate location.
For general inquiries, address System Manager. The Attorney General
has exempted this system from compliance with the provisions of
Subsection (d) under the provisions of Subsection (j).
Record source categories:
1. Individual inmate: 2. Federal law enforcement agencies and
personnel: 3. State and Federal probation services; 4. Non-Federal law
enforcement agencies; 5. Educational institutions; 6. Hospital or
medical sources; 7. Relatives, friends and other interested
individuals or groups in the community; 8. Former or future employers;
9. Evaluations, observations, reports and findings of institution
supervisors, counselors, boards and committees, Parole Commission
examiners, Parole Commission Members; 10. Federal court records; 11.
U.S. Bureau of Prisons personnel and records.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c) (3)
and (4), (d)(e) (2) and (3), (e)(4) (G) and (H), (e)(8) and (g) of the
Privacy Act pursuant to 5 U.S.C. 552a(j)(2). Rules have been
promulgated in accordance with the requirements of U.S.C. 553 (b), (c)
and (e) and have been published in the Federal Register.
JUSTICE/PRC-004
System name: Labor and Pension Case, Legal File and General
Correspondence System.
System location:
All Labor and Pension cases, most legal files and some general
correspondence material is located at: Commission Headquarters, 5550
Friendship Blvd., Chevy Chase, MD 20815. The balance of the general
correspondence material is located at the Commission's Regional
Offices, the addresses of which are specified in the Inmate and
Supervisions System.
Categories of individuals covered by the system:
All applicants for exemptions under 29 U.S.C. 504 and 29 U.S.C. 1111,
all persons litigating with the U.S. Parole Commission, all persons
corresponding with the Commission on subjects not amenable to being
filed in an inmate or supervision file identified by an individual,
and all Congressmen inquiring about constituents.
Categories of records in the system:
Pursuant to 29 U.S.C. 504 and 1111, the Commission processes
applications of persons convicted of certain crimes for exemptions to
allow their employment in the Labor or pension plan fields. The files
contain memoranda, correspondence, and legal documents with
information of a personal nature, i.e., family history, employment
history, income and wealth, etc., and of a criminal history nature,
i.e., record of arrests and convictions, and details as to the crime
which barred employment. The final decision of the Commission in each
case is a public document under the Freedom of Information Act. The
General Counsel's Office of the Parole Commission maintains work files
for each inmate or person on supervision who is litigating with the
Commission. These files contain personal and criminal history type
data regarding inmates, and internal communications among attorneys,
Commissioners and others developing the Commission's legal position in
these cases. Files of the Commission's correspondence with Congressmen
who inquire about constituents who have paroles or revocations pending
or other subjects are maintained in the Chairman's Office and in the
regions. Files of correspondence, notes, and memoranda concerning
parole revocation, rescission, and related problems are also
maintained in those locations. Some of this material duplicates
material in the inmate files and contain criminal history type
information about individuals.
Authority for maintenance of the system:
These files are maintained pursuant to 18 U.S.C. 4201, 5005-5041, 28
CFR part O, subpart V, 28 CFR parts 2 and 4, 29 U.S.C. 504, 1111, and
all statutory sections and procedural rules allowing inmates, persons
under supervision, or others to litigate with the Parole Commission.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Within the Parole Commission material in this system is used
respectively by General Counsel's Office staff and Commission Members
in processing exemption applications. The legal file material is used
by General Counsel's Office staff in asserting the litigative position
of the Commission. The general correspondence is used by the
Commission personnel in responding to Congressmen, and by Commission
Members and others in transacting the day-to-day business of the
Commission. Final pension and labor case decisions are used by the
Commission, the Justice, and Labor Departments, and the public to
establish precedents in this field of administrative law.
In the event that material in this system indicates 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 revelant records may be referred
to the appropriate agency, whether Federal, State, or local or
foreign, charged with the responsibility of investigating or
prosecuting such violation or charged with enforcing or implementing
the statute, or rule, regulation or order issued pursuant thereto. A
record from this system of records may be disclosed to a Federal,
State or local agency maintaining civil, criminal or other relevant
information if necessary to obtain information relevant to an agency
decision relating to pension or labor matters. A record from this
system may be disclosed to a Federal agency, in response to its
request, in connection with the hiring or retention of an employee,
the issuance of a 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 is relevant and necessary
to the requesting agency's decision on the matter.
Release of information to the News Media:
Information permitted to be released to the news media and the public
pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the U.S. Parole Commission 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.
Release of information to Members of Congress:
Information contained in systems of records maintained by the U.S.
Parole Commission, not otherwise required to be released pursuant to 5
U.S.C. 552, may be made available to a Member of Congress or staff
acting upon the Member's behalf when the Member or staff requests the
information on behalf of and in response to a communication from the
individual who is the subject of the record.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA):
A record may be disclosed as a routine use to the NARA and GSA in
records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
All data is on documents or other papers on bound files. Labor and
pension case material is in the General Counsel's Office or the
Chairman's Office at Headquarters, except for final decisions which
are in the Freedom of Information Act reading room. Legal files are in
the General Counsel's Office at Headquarters. General correspondence
is in the Chairman's Office, the office of his staff at Headquarters,
and the offices of each Regional Commissioner.
Retrievability:
Labor, pension, and legal file material is indexed or filed by name of
applicant or litigant, respectively. General correspondence is indexed
or filed by subject, time sequence or individuals to whom the item
refer.
Safeguards:
Material is available only to Commission employees on a ``need to
know'' basis. Storage locations are supervised by day and locked at
night. Only disclosure made therefrom is to other agencies of the
Department of Justice, the U.S. Probation Office, Federal enforcement
agencies or the Congress. Disclosure to congressmen in response to
inquiries concerning constituents is subject to the exemptions of the
Freedom of Information Act. The Commission decisions in labor and
pension cases are public information under the Freedom of Information
Act.
Retention and disposal:
Records are maintained for 10 years after the fiscal decision of the
court, and are shredded or destroyed electronically thereafter.
System manager(s) and address:
General Counsel, United States Parole Commission, 5550 Friendship
Blvd., Chevy Chase, MD 20815.
Record source categories:
a. Applicants for exemptions under 29 U.S.C. 504 and 29 U.S.C. 1111;
b. U.S. Department of Labor; c. Administrative Law Judges and others
connected with labor or pension cases; d. Litigants proceeding against
Parole Commission; e. The Commission's legal staff and other
Commission personnel; f. Congressmen and others making inquiries of
Commission; g. Commission Members and employees responding to
inquiries, corresponding with others, preparing speeches, policy
statements and other means of contact with other branches of the
Federal Government, State, and local governments, and the public.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c)(3)
and (4), (d), (e)(2) and (3), (e)(4) (G) and (H), (e)(8), (f) and (g)
of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2). 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.
JUSTICE/PRC-005
System name: Office Operation and Personnel System.
System location:
At each regional office as indicated in the ``Inmate and Supervision
File System Report'' and at the U.S. Parole Commission, 5550
Friendship Blvd., Chevy Chase, MD 20815.
Categories of individuals covered by the system:
Present and former Commission Members and employees of the U.S. Parole
Commission.
Categories of records in the system:
Personnel records, leave records, property schedules, budgets and
actual expense figures, obligation schedules, expense and travel
vouchers, and the balance of the usual paperwork to run a Government
office efficiently.
Authority for maintenance of the system:
All statutory sections, CFR sections, and OPM, MSPB, GSA, and OMB
directives establishing procedures for government personnel,
financial, and operational functions.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Day-to-day activity involving personnel, financial, procurement,
maintenance, recordkeeping, mail delivery, and management functions.
Release of information to the News Media:
Information permitted to be released to the news media and the public
pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the Department of Justice 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.
Release of information to Members of Congress:
Information contained in systems of records maintained by the U.S.
Parole Commission, not otherwise required to be released pursuant to 5
U.S.C. 552, may be made available to a Member of Congress or staff
acting upon the Member's behalf when the Member or staff requests the
information on behalf of and in response to a communication from the
individual who is the subject of the record.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA):
A record may be disclosed as a routine use to the NARA and GSA in
records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are in paper files or on computer printouts. They are stored
in operations areas of offices.
Retrievability:
Data of a personal nature is in employee personnel files, used by
Commission personnel files, used by Commission personnel on a ``need
to know'' basis. Each employee has a right to see his own file on
request. Other files are used by Commission personnel on a ``need to
know'' basis.
Safeguards:
Files are supervised by appropriate personnel during the working day
and are locked in rooms at night.
Retention and disposal:
Cutoff files at the end of the calendar year, held at the agency for
one year then transferred to the Washington National Records Center.
Destroy seven years after cutoff.
System manager(s) and address:
Executive Officer, U.S. Parole Commission, 5550 Friendship Blvd.,
Chevy Chase, MD 20815.
Notification procedure:
Same as the above.
Record access procedures:
Same as the above.
Contesting record procedures:
Same as the above.
Record source categories:
The U.S. Parole Commission, the Justice Management Division and all
other contributing government agencies.
Systems exempted from certain provisions of the act:
None.
JUSTICE/PRC-006
System name: Statistical, Education and Developmental System.
System location:
Parole Commission Headquarters, 5550 Friendship Blvd., Chevy Chase, MD
20815.
Categories of individuals covered by the system:
Any inmate or former inmate under custody of the Attorney General
including former inmates supervised as parolees or mandatory releases.
Categories of records in the system:
All records as described in the Workload Record, Decision Result, and
Annual Report System Plus data on additional input forms and certain
follow-up forms and the Salient Factor Worksheet Form. These forms
include criminal history-type data elements regarding specific
individuals selected from the above category of individuals. This data
is either organized and processed by hand or is input into a computer
and has been used to provide the following one-time reports in
pamphlet-text form: (a) Administrative Review of Parole Selection and
Revocation decisions; (b) Parole Decisionmaking, a Salient Factor
Score; (c) Effect of Representation at Parole Hearings: (d) Parole
Decisionmaking--Structuring Discretion (e) Time Served and Release
Performance--A Federal Sample and certain additional reports, all
available in the public reading room. The data base collected as
described in this and in JUSTICE/PRC 007 system will be used to
prepare studies on similar or related subjects in the future. It has
been used to develop revocation guidelines similar to parole
guidelines, rescission guidelines and other operational improvements.
Items collected for this data base may change depending on the subject
matter of new studies to be undertaken by the Commission.
Authority for maintenance of the system:
18 U.S.C. 4201-4218, 5005-5041, 28 CFR part O, subpart V, 28 CFR part
2.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
a. Internal--Develop methodology for a more scientific determination
of parolability and revocability, methodology to comply with changing
concepts of due process, and methodolgy to select persons to be
released from prison who will be less likely to recidivate.
b. External--Add to the general body of knowledge in the parole area
of criminology, and provide educational material for other parole
boards, and members of the criminal justice and academic communities
interested in this subject. Published pamphlets in text form are
prepared on subjects of interest in this area of criminology and are
circulated freely. They contain no references to individuals, either
by name, address, register number or other means of identification.
They do not contain recognizable fact situations, descriptions, or
other writings through which identification of any individual within
the present or former jurisdiction of the Parole Commission can be
made.
Release of information to the news media:
Information permitted to be released to the news media and the public
pursuant to 28 CFR part 502 may be made available from systems of
records maintained by the U.S. Parole Commission 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.
Release of information to members of congress:
Information contained in systems of records maintained by the U.S.
Parole Commission not otherwise required to be released pursuant to 5
U.S.C. 552, may be made available to a Member of Congress or staff
acting upon the Member's behalf when the Member or staff requests the
information on behalf of and in response to a communication from the
individual who is the subject of the record.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA):
A record may be disclosed as a routine use to the NARA and GSA in
records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Data is in input forms on printouts or other computer produced storage
media. It is stored as described in the JUSTICE/PRC-007 system
description. Pamphlet text reports are public documents stored in
offices, libraries, and in bookshelves, and in the public reading
room.
Retrievability:
Information by name, register number or FBI identification number may
be retrieved from the input forms, card decks, or storage media. This
material is used only by authorized Parole Commission personnel on a
``need to know'' basis and is data processed only by authorized Bureau
of Prisons or Justice Department personnel. Material is not retrieved
in identifiable form except that computer produced ``hard copy'' may
be used to prepare a report or internal work papers. The final
pamphlet text reports and material resulting from studies are used by
Commission personnel for internal purposes and the public externally.
None of this material contains any references to an individual.
Documents which contains information concerning one individual are
made available to that individual if requested under the Privacy Act.
Safeguards:
See ``Safeguards'' section of JUSTICE/PRC-007 regarding input forms,
printouts, discs, or tape. Reports in pamphlet form are not
safeguarded.
Retention and disposal:
See ``Retention and Disposal'' of preceding system. The studies in
pamphlet form are not disposed of on schedule. Some will be maintained
perpetually in archives.
System manager(s) and address:
Research Director, U.S. Parole Commission, 5550 Friendship Blvd.,
Chevy Chase, Md. 20815.
Record source categories:
a. Commission inmate files; b. Docket Sheets; c. Commission Notices of
Action, orders and documentation following hearings; d. Commission
warrant applications and warrants; e. General Commission records and
data; f. Enforcement agency records regarding former inmates.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c)(3)
and (4), (d), (e) (2) and (3), (e)(4) (G) and (H), (e)(8), (f), and
(g) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2). 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.
JUSTICE/PRC-007
System name: Workload Record, Decision Result, and Annual Report
System.
System location:
U.S. Parole Commission Headquarters, 5550 Friendship Blvd., Chevy
Chase, MD 20815.
Categories of individuals covered by the system:
Any inmate and parolee or mandatory releasee who has been the subject
of a decision for the period covered in the report for which the data
is used (prior month, prior quarter, prior year or other period).
Categories of records in the system:
Certain original input forms indicate the inmate or person under
supervision by name and register number and give the date and specific
statistical detail as to the decision made. They include criminal
history type of information regarding the persons in questions. The
principle types of decisions covered are after initial or review
hearings, after a record review, after Regional Appeal, after National
Appeal, and after a decision reopening and modifying. The data is
input into a computer and is used to provide the following: (a) A
monthly report of workload containing number and type of hearings per
region further broken out by institutions within regions and type of
sentence; (b) Bimonthly report on decision results indicating, among
other statistics, number and type of decisions within above, and below
guidelines broken out by examiners making the decisions; (c) Other or
substitute reports as needed; and (d) Together with land posted data
on other items of statistical value, this data is being used to create
the Annual Report of the Commission.
Authority for maintenance of the system:
18 U.S.C. 4201-4216, 5005-5041, 28 CFR part O, subpart V, 28 CFR part
2
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(a) These records are used internally to analyze work product, the
performance of evaluators, and various types of procedures and
hearings and to evaluate the guidelines and other Commission
procedures.
(b) These records are used to prepare an annual report to the Attorney
General, and Congress and the public indicating in quantitative and
qualitative terms Commission activity and accomplishment.
(c) In the event that material in this system indicates a violation or
potential violation of law, whether a 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 referred
to the appropriate agency, whether Federal, State, local, or foreign
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, rule,
regulation or order issued pursuant thereto.
(d) A record from this system of records may be disclosed to a
Federal, State, or local agency maintaining civil, criminal or other
relevant information if necessary to obtain information relevant to
Parole Commission matters.
(e) A record from this system may be disclosed to a Federal agency, in
response to its request, in connection with the hiring or retention of
an employee, the issuance of a 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 information is relevant and necessary to
the requesting agency's decision on the matter.
Release of Information to the News Media:
Information permitted to be released to the news media and the public
pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the U.S. Parole Commission 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.
Release of Information to Members of Congress:
Information contained in the systems of records maintained by the U.S.
Parole Commission not otherwise required to be released pursuant to 5
U.S.C. 552, may be made available to a Member of Congress or staff
acting upon the Member's behalf when the Member or staff requests the
information on behalf of and in response to a communication from the
individual who is the subject of the record.
Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA):
A record may be disclosed as a routine use to the NARA and GSA in
records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper input forms are stored in folders only until information from
them is entered into machine readable media. Monthly and other reports
in the form of computer printouts are filed in folders. Annual report
is in book form and stored in library shelves.
Retrievability:
Data in this system can be retrieved by inmate's name and register
number from the original input forms, and computer-produced storage
media. It is usually only retrieved by region, by examiner, by type of
decision made or hearing held, by relation to the guidelines and other
similar means except for individual case retrievability when
infrequently required.
Safeguards:
Data on forms, tape or other computer produced storage media
retrievable by individual is stored in the Commission's Office in
cabinets. Commission employees supervise this data by day and use it
on a ``need to know'' basis. The rooms where it is stored are locked
outside of office hours and the entire Headquarters building is locked
at certain times with card key access. Monthly and other reports are
for use of the Chairman, the Executive Officer and Commission Members
and professional personnel. No information thereon is retrievable as
pertaining to any individual except certain breakouts by Parole
Commission employee examiners and by inmate in the guideline section
of reports. These printouts are stored in the Commission Headquarters
offices, all of which are supervised by day, and locked at night. The
Annual Report contains no information identifiable by individual and
is a public document.
Retention and disposal:
The master file and documentation are to be retained permanently. All
other related records, including reports and software, are to be
destroyed when no longer needed for administrative use.
System manager(s) and address:
Director, Research and Program Development, 5550 Friendship Blvd.,
Chevy Chase, MD 20815.
Record source categories:
(a) Commission inmates files; (b) Docket sheets; (c) Commission
notices of action, orders, and documentation following hearings; (d)
Commission warrant applications and warrants; (e) General Commission
records and data.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c)(3)
and (4), (d), (e)(2) and (3), (e)(4) (G) and (H), (e)(8), (f) and (g)
of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2). 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.
SPECIAL COUNSEL FOR IMMIGRATION-RELATED, UNFAIR EMPLOYMENT
PRACTICES
JUSTICE/OSC-001
System name: Central Index File and Associated Records, JUSTICE/
OSC-001.
System location:
U.S. Department of Justice, Special Counsel for Immigration Related
Unfair Employment Practices (OSC), 1100 Connecticut Avenue, NW,
Washington, DC 20036 and Federal Records Center, Suitland, Maryland
20409.
Categories of individuals covered by the system:
These persons may include: Subjects of investigations, victims,
potential witnesses and representatives on behalf of individuals and
other correspondents on subjects directed or referred to OSC in
potential or actual cases and matters of concern to OSC.
Categories of records in the system:
The system consists of (1) alphabetical indices bearing names of the
individuals identified above and (2) the associated record to which
the indices relate containing the general and particular records of
all OSC correspondence, cases, matters, and memoranda, including but
not limited to investigative reports, correspondence to and from OSC,
internal memoranda legal papers, evidentiary materials and exhibits.
Authority for maintenance of the system:
44 U.S.C. 3101; 8 U.S.C. 1324b; and 29 CFR part 44.
Purpose(s):
This system has been established to maintain investigatory and law
enforcement records concerning charges filed with OSC by or on behalf
of individuals alleging immigration-related employment discrimination.
The system also contains charges filed with other law enforcement
entities that have been referred to OSC pursuant to section 102 of the
Immigration Reform and Control Act of 1986 (8 U.S.C. 1324b) to provide
relief for injured parties and to enforce prohibition of immigration-
related, unfair employment practices.
Employees and officials of the Department may access the system to
make decisions in the course of investigations and legal proceedings;
to assist in preparing responses to correspondence from persons
outside the Department; to prepare budget requests and various reports
on the work product of OSC; and to carry out any other authorized
internal duties.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(1) A record relating to a possible or potential violation of law may
be disseminated to the appropriate Federal, State or local agency
charged with the responsibility to enforce or implement such law; (2)
in the course of an investigation or litigation of a case or matter, a
record may be disseminated to a Federal, State or local agency, or to
an individual organization, if there is reason to believe that such
agency, individual or organization possesses information or has the
expertise in an official or technical capacity to analyze information
relating to the investigation, trail or hearing and the dissemination
is reasonably necessary to elicit such information or expert analysis
or to obtain the cooperation of a prospective witness or informant;
(3) a record relating to a case or matter, or any facts derived
therefrom, may be disseminated in a proceeding before a court or
adjudicative body before which OSC is authorized to appear, when the
United States, or any agency or subdivision thereof, is a part of
litigation or has an interest in litigation and such records are
determined by OSC to be arguably relevant to the litigation; (4) a
record relating to a case or matter may be disseminated to an actual
or potential party of litigation or the party's attorney (a) to
negotiate or discusss such matters as settlement of the case or matter
or (b) to conduct a formal or informal discovery proceeding; (5) a
record relating to a case or matter that has been referred to OSC for
investigation may be disseminated by OSC to referring agencies to
notify such agency of the status of the case or matter or of any
determination that has been made; (6) a record may be disseminated to
the United States Commission on Civil Rights in response to its
request and pursuant to 42 U.S.C. 1975d; (7) information permitted to
be released to the news media and the public pursuant to 28 CFR 50.2
may be made available 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; (8)
information in the system may be disclosed as is necessary to respond
to inquiries by Members of Congress on behalf of individual
constituents that are subjects of OSC rcords; and (9) records may be
disclosed to the National Archives and Records Administration and to
the General Services Administration in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information in this system is indexed, and stored in file jackets and
on computer disks or tapes.
Retrievability:
Entries are arranged alphabetically and are retrieved from the
computer by names of the individuals covered by this system of
records. Information may also be retrieved from file jackets by an
assigned number appearing in the manual index.
Safeguards:
Information in manual and computer form is safeguarded and protected
in accordance with applicable Department security regulations for
systems of records. Only those employees with the need to know in
order to perform their duties will be able to access the information.
Access to records in the computer system is restricted through use of
password encryption: Access to both the manual and computer system is
restricted by locks on storage facilities.
Retention and disposal:
Records are maintained in the system while current and required for
official Government use. When no longer needed on an active basis, the
paper files are transferred to the Federal Records Center. Suitland,
Maryland, and some records are transferred to computer tape and stored
in accordance with Departmental security regulations for systems of
records. A request for Records Disposition Authority is pending
approval of the National Archives and Records Administration.
System manager(s) and address:
Special Counsel for Immigration Related Unfair Employment Practices,
U.S. Department of Justice, Post Office Box 65490, NW, Washington, DC
20035.
Notification procedure:
Address inquiries to the System Manager listed above.
Record access procedures:
Part of this system is exempted from this requirement under 5 U.S.C.
552a(k)(2). To the extent that this system of records is not subject
to exemption it is subject to access and contest. A determination as
to exemption shall be made at the time a request for access is
received. A request for access shall be made in writing, with an
envelope and letter clearly marked ``Privacy Access Request.'' Include
in the request the full name of the individual, his or her current
address, date and place of birth, notarized signature (28 CFR
16.41(b)), the subject of the case or matter as described under
``categories of records in the system,'' and any other information
which is known and may be of assistance in locating the records, such
as the name of the immigration-related employment discrimination case
or matter involved, where and when the discrimination occurred, and
the name of the judicial district involved. The requester will also
provide a return address for transmitting the information. Access
request should be directed to the System Manager listed above.
Contesting record procedures:
Individuals desiring to contest or amend information 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.
Record source categories:
Sources of information contained in this system include the individual
covered by the system and may include any agency or person who has
provided (or has offered to provide) information related to the law
enforcement responsibilities of OSC.
Systems exempted from certain provisions of the act:
The Attorney General has exempted parts of this system from
subsections (c)(3) and (d) of the Privacy Act pursuant to 5 U.S.C.
552a(k)(2). 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.
JUSTICE/OSC-002
System name: Files on Correspondence Relating to Immigration
Related Unfair Employment Practices from Persons Outside the
Department of Justice, JUSTICE/OSC-002.
System location:
U.S. Department of Justice, Special Counsel for Immigration Related
Unfair Employment Practices (OSC), 1100 Connecticut Avenue, NW,
Washington, DC 20036 and Federal Records Center, Suitland, Maryland
20409.
Categories of individuals covered by the system:
Individuals who communicate in writing, in person or by telephone, who
are filing complaints, requests for information or action; or
individuals who are providing expressions of opinion regarding
immigration-related, unfair employment matters.
Categories of records in the system:
The system contains original correspondence regarding immigration-
related, unfair employment matters and responses thereto. The system
may also contain cover letters or notes to Department attorneys or
other employees from Department personnel referring or commenting on
correspondence.
Authority for maintenance of the system:
44 U.S.C. 3101; 8 U.S.C. 1324b; and 28 CFR part 44.
Purpose(s):
The purpose of this system is to maintain records of correspondence
pertaining to immigration-related employment discrimination from
persons outside the Department and copies of the OSC responses to the
correspondence.
Employees and officials of the Department may access the system to
ensure proper disposition of incoming mail; to determine the status
and content of responses to correspondence; to respond to inquiries
from OSC personnel, Office of Legislative Affairs, and from
Congressional offices regarding the status of correspondence; to
prepare budget requests and various reports on the work product of
OSC; and to carry out any other authorized internal duties.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(1) A record relating to a case or matter, or any facts derived
therefrom, may be disseminated in a proceeding before a court or
adjudicative body before which OSC is authorized to appear, when the
United States, or any agency or subdivision thereof, is a part of
litigation or has an interest in litigation and such records are
determined by OSC to be arguably relevant to the litigation; (2) a
record relating to a case or matter may be disseminated to an actual
or potential party of litigation or the party's attorney (a) to
negotiate or discuss such matters as settlement of the case or matter
or (b) to conduct a formal or informal discovery proceeding; (3) a
record may be disseminated to volunteer student workers and students
working under a work-study program as is necessary to enable them to
perform their assigned duties; (4) information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available 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; (5) information may be
disclosed as is necessary to respond to inquiries by Members of
Congress on behalf of individual constituents that are subjects of OSC
records; and (6) records may be disclosed to the National Archives and
Records Administration and to the General Services Administration in
records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information in the system is indexed, and stored in file jackets and
on computer disks or tapes.
Retrievability:
Entries are arranged alphabetically and are retrieved from the
computer by names of the individuals covered by this system of
records. Information may also be retrieved from file jackets by an
assigned number appearing in the manual index.
Safeguards:
Information in manual and computer form is safeguarded and protected
in accordance with applicable Department security regulations for
systems of records. Only those employees with the need to know in
order to perform their duties will be able to access the information.
Access to the records in the computer system is restricted by use of
password encryption; access to records in both the manual and computer
system is restricted by locks on storage facilities.
Retention and disposal:
Citizen correspondence unrelated to matters within the jurisdiction of
OSC is destroyed after appropriate disposition and within ninety days
from the date of correspondence. All other records are disposed of in
accordance with General Records Schedule 14, items 3, 4, and 7.
System manager(s) and address:
Special Counsel for Immigration Related Unfair Employment Practices,
U.S. Department of Justice, Post Office Box 65490, NW, Washington, DC
20035.
Notification procedure:
Same as above.
Record access procedures:
Direct the request to the system manager listed above. Clearly mark
the envelope and letter ``Privacy Access Request''; provide the full
name and notarized signature of the individual who is the subject of
the record, his/her date and place of birth, or any other identifying
number or information which may assist in locating the record; and a
return address.
Contesting record procedures:
Individuals desiring to contest or amend information 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.
Record source categories:
Sources of information contained in this system are the original
correspondents, persons acting on behalf of original correspondents,
and employees and officials of the Department responsible for the
disposition of the correspondence.
Systems exempted from certain provisions of the act:
None.
JUSTICE/OSC-003
System name: Special Counsel for Immigration Related Unfair
Employment Practices Travel Reports, JUSTICE/OSC-003.
System location:
U.S. Department of Justice, Special Counsel for Immigration Related
Unfair Employment Practices (OSC), 1100 Connecticut Avenue, NW,
Washington, DC 20036.
Categories of individuals covered by the system:
All persons who have filed travel authorization forms or travel
voucher forms for official travel on behalf of OSC.
Categories of records in the system:
The system contains information concerning travel expenditures
recorded on travel authorization forms (DOJ-501) and travel voucher
forms (SF-1012) by OSC employees or other persons authorized to travel
for OSC and submitted to the Executive Office of OSC.
Authority for maintenance of the system:
44 U.S.C. 3101; 8 U.S.C. 1324b; and 28 CFR part 44.
Purpose(s):
This system enables OSC to ensure authorized travel, account for its
travel expenditures, and manage the appropriated funds therefor. It
also permits OSC to maintain account balances and properly reimburse
those who travel on behalf of OSC.
Department employees may access the system to make reports to the
Executive Office, OSC, for its use in reviewing and controlling OSC
expenditures. Employees may also access the system to process travel
authorizations and reimbursements for travel.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(1) A record relating to a case or matter, or any facts derived
therefrom, may be disseminated in a proceeding before a court or
adjudicative body before which OSC is authorized to appear, when the
United States, or any agency or subdivision thereof, is a party to
litigation or has an interest in litigation and such records are
determined by OSC to be arguably relevant to the litigation; (2) a
record relating to a case or matter may be disseminated to an actual
or potential party to litigation or the party's attorney (a) to
negotiate or discuss such matters as settlement of the case or matter
or (b) to conduct a formal or informal discovery proceeding; (3)
information permitted to be released to the news media and the public
pursuant to 28 CFR 50.2 may be made available 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; (4) information may be disclosed as is necessary to respond
to inquiries by Members of Congress on behalf of individual
constituents that are subjects of OSC records; and (5) records may be
disclosed to the National Archives and Records Administration and to
the General Services Administration in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Travel data are stored on computer disks. Individual vouchers and
travel authorization forms are stored in file jackets.
Retrievability:
Records are retrieved by the names of those individuals covered by
this system of records.
Safeguards:
Information in manual and computer form is safeguarded and protected
in accordance with applicable Department security regulations for
systems of records. Only those employees with the need-to-know in
order to perform their official duties will be able to access the
stored information. Access to the records in the computer system is
restricted by the locks on storage facilities.
Retention and disposal:
Records are maintained in the system while current and required for
official Government use. When no longer needed on an active basis, the
records are transferred to computer tape and stored in accordance with
Departmental security regulations for systems of records. Final
disposition is in accordance with General Records Schedule 9, items 3,
4 and 5.
System manager(s) and address:
Special Counsel for Immigration Related Unfair Employment Practices,
U.S. Department of Justice, Post Office Box 65490 NW, Washington, DC
20035.
Notification procedure:
Same as above.
Record access procedures:
Requests for access to records should be directed to the System
Manager listed above. Clearly mark the envelope and letter ``Privacy
Access Request;'' provide the full name and notarized signature of the
individual who is the subject of the record, his/her date and place of
birth, and any other identifying number or information which may
assist in locating the record; and furnish a return address.
Contesting record procedures:
Individuals desiring to contest or amend information 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.
Record source categories:
Sources of information contained in this system are OSC employees and
other persons authorized to travel on behalf of OSC and who file
travel authorization and travel voucher forms.
Systems exempted from certain provisions of the act:
None.
JUSTICE/OSC-004
System name: Freedom of Information; Privacy Acts Records,
JUSTICE/OSC-004.
System location:
U.S. Department of Justice, Special Counsel for Immigration Related
Unfair Employment Practices (OSC), 1100 Connecticut Avenue NW,
Washington, DC 20036.
Categories of individuals covered by the system:
Persons who request disclosure of records pursuant to the Freedom of
Information Act; persons who request access to or correction of
records pertaining to themselves contained in OSC systems of records
pursuant to the Privacy Act; and, where applicable, persons about whom
records have been requested and about whom information is contained in
requested records.
Categories of records in the system:
The system contains copies of (1) Freedom of Information/Privacy Acts
(FOI/PA) requests received by OSC; (2) copies of OSC responses to
requesters; (3) internal memoranda and correspondence related to the
requests; (4) copies of the documents responsive to the requests; (5)
records of appeals or litigation and (6) disclosure accounting
records.
Authority for maintenance of the system:
44 U.S.C. 3101; 8 U.S.C. 1324b; and 28 CFR part 44.
Purpose(s):
This system has been established to enable OSC to receive, process and
respond to FOI/PA requests for its records.
Employees of OSC may access the system to perform its various receipt
and response functions in regard to an individual's request; to
determine the status and content of responses to correspondence; to
respond to inquiries from OSC personnel, Office of Legislative
Affairs, and from Congressional offices regarding the status of
correspondence; to prepare budget requests; and to carry out any other
authorized internal duties.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(1) A record may be disseminated to a Federal agency, which has
furnished that record to the Department, to permit that agency to make
a decision as to access or correction or to consult with that agency
as to the propriety of access or correction; (2) a record may be
disseminated to any appropriate Federal, State, local, or foreign
agency to verify the accuracy of information submitted by an
individual who has requested amendment or correction of records; (3) a
record relating to a case or matter, or any facts derived therefrom,
may be disseminated in a proceeding before a court or adjudicative
body before which OSC is authorized to appear, when the United States,
or any agency or subdivision thereof, is a party to litigation or has
an interest in litigation and such records are determined by OSC to be
arguably relevant to the litigation; (4) a record relating to a case
or matter may be disseminated to an actual or potential party to
litigation or the party's attorney (a) to negotiate or discuss such
matters as settlement of the case or matter of (b) to conduct a formal
or informal discovery proceeding; (5) information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available 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; (6) information in the
system may be disclosed as is necessary to respond to inquiries by
Members of Congress on behalf of individual constituents that are
subjects of OSC records; and (7) records may be disclosed to the
National Archives and Records Administration and to the General
Services Administration in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information is stored in file jackets, and on computer disks or tapes.
Retrievability:
Entries are arranged alphabetically and are retrieved from the
computer by names of the individuals covered by this system of
records. Information may also be retrieved from file jackets by an
assigned number.
Safeguards:
Information in manual and computer form is safeguarded and protected
in accordance with applicable Department security regulations for
systems of records. Only those employees with the need-to-know in
order to perform their duties will be able to use the computer to
access the stored information. Access to records is restricted by
locks on storage facilities and by use of password encryption.
Retention and disposal:
Records are disposed of in accordance with General Records Schedule
14, items 16, 17, 18 and items 25, 26, 27 and 28.
System manager(s) and address:
Special Counsel for Immigration Related Unfair Employment Practices,
U.S. Department of Justice, Post Office Box 65490 NW, Washington, DC
20035.
Notification procedure:
Address inquiries to the System Manager listed above.
Record access procedures:
Part of this system is exempted from this requirement under 5 U.S.C.
552a(k)(2). To the extent that this system of records is not subject
to exemption, it is subject to access and contest. A determination as
to exemption shall be made at the time a request for access is
received. A request for access shall be made in writing, with the
envelope and letter clearly marked ``Privacy Access Request.'' Include
in the request the full name of the individual, his or her current
address, date and place of birth, notarized signature (28 CFR
16.41(b)), the subject of the case or matter as described under
``Categories of Records in the System,'' and any other information
which is known and may be of assistance in locating the records, such
as the name of the immigration-related employment discrimination case
or matter involved, where and when the discrimination occurred, and
the name of the judicial district involved. The requester will also
provide a return address for transmitting the information. Access
requests should be directed to the System Manager listed above.
Contesting record procedures:
Individuals desiring to contest or amend information 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.
Record source categories:
Sources of information contained in this system include the individual
covered by the system and may include any agency or person who has
provided information related to the law enforcement responsibilities
of OSC.
Systems exempted from certain provisions of the act:
The Attorney General has exempted parts of this system from
subsections (c)(3) and (d) of the Privacy Act pursuant to 5 U.S.C.
552a(k)(2). 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..
TAX DIVISION
JUSTICE/TAX - 001
System name: Tax Division Central Classification Cards, Index
Docket Cards, and Associated Records - Criminal Tax Cases.
System location: U.S. Department of Justice, Tax Division, 10th and
Constitution Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system: Persons referred to in
potential or actual criminal tax cases and related matters of
concern to the Tax Division under the Internal Revenue laws.
Categories of records in the system: The system consists of an
alphabetical index by individual name of all criminal tax cases, and
related matters assigned, referred, or of interest to the Tax
Division. Records in many instances are duplicated in the criminal
section of the Division which has specific jurisdiction over
criminal tax cases.
Authority for maintenance of the system: This system is established and
maintained pursuant to 28 CFR 0.70 and 0.71.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
A. Classification cards are maintained on each Tax Division criminal
case to identify and assign mail to the proper office within the
Division; to relate incoming material to an existing case; to
establish a file number for a new case upon receipt; and to provide a
central index of cases within the Division.
B. Docket cards are records pertaining to the flow of legal work in
the Division. They are maintained on each criminal case which is being
or was handled by the Division's sections.
C. Case files maintained allow Division attorneys immediate access to
information which is essential in carrying out their responsibilities
concerning all criminal tax cases.
D. A record maintained in this system of records may be disseminated
as a routine use 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 of 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 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 may be
disseminated to the appropriate Federal, state, local, or foreign
court or grand jury in accordance with applicable constitutional,
substantive, or procedural law or practice; (4) A record relating to a
case or matter may be disseminated to a Federal, state, or local
administrative or regulatory proceeding or hearing in accordance with
the procedures governing such proceeding or hearing; (5) A record
relating to a case or matter may be disseminated to an actual or
potential party or his attorney for the purpose of negotiation or
discussion on such matters as settlement of the case or matter, plea
bargaining, or informal discovery proceedings; (6) A record relating
to a case or matter that has been referred to the Tax Division may be
disseminated to the referring agency to notify such agency of the
status of the case or matter or of any decision or determination that
has been made; (7) 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; (8) A record may be disseminated to a federal
agency, in response to its request, in connection with the hiring or
retention of an employee, the issuance of a 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.
Release of information to the National Archives and Records
Administration: A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) in records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Information contained in this system is stored manually on
index cards and in folders.
Retrievability: Information is retrieved manually by the name of the
individual from the index card which in turn indicates the case
number, and the section unit or attorney assigned to work on the
material.
Safeguards: Information contained in this system is safeguarded and
protected in accordance with applicable Departmental rules and
procedures governing access, production and disclosure of any
materials contained in its official files.
Retention and disposal: Currently there are no provisions for the
disposal of the cards in this system, however, the records of the
closed classes are forwarded to the Federal Record Center, where
they are destroyed after 25 years.
System manager(s) and address: Assistant Attorney General; Tax Division;
U.S. Department of Justice; 10th Street and Constitution Avenue, NW,
Washington, DC 20530.
Notification procedure: An inquiry concerning this system should be
directed to the System Manager listed above.
Record access procedures: To the extent that this system of records is
not subject to exemption, it is subject to access and contest. A
determination as to the applicability of an exemption as to a
specific record shall be made at the time a request for access is
received. A request for access to a record contained in this system
shall be made in writing, with the envelope and the letter clearly
marked `Privacy Access Request`. Include in the request the name of
the individual involved, his birth date and place, or any other
identifying number which may be of assistance in locating the
record, the name of the case or matter involved, if known, the name
of the judicial district involved, if known, and any other
information which may be of assistance in locating the record. The
requestor will also provide a return address for transmitting the
information. Access requests will be directed to the System Manager
listed above.
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.
Record source categories: Internal Revenue Service, Department offices
and employees, and other Federal, state, local, and foreign law
enforcement and non-law enforcement agencies, private persons,
witnesses, and informants.
Systems exempted from certain provisions of the act: The Attorney
General has proposed exemption of this system from subsection
(c)(3), (c)(4), (d)(1), (d)(2), (d)(3), (d)(4), (e)(1), (e)(2),
(e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f) and (g)
of the Privacy Act pursuant to 5 U.S.C. 552a (j). 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.
JUSTICE/TAX-002
System name: Tax Division Central Classification Cards, Index
Docket Cards, and Associated Records - Civil Tax Cases.
System location: U.S. Department of Justice; Tax Division; 10th and
Constitution Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system: Persons referred to in
potential or actual civil tax cases and related matters of concern
to the Tax Division under the Internal Revenue laws.
Categories of records in the system: The system consists of an
alphabetical index by individual name of all civil tax cases, and
related matters assigned, referred, or of interest to the Tax
Division. Records in many instances are duplicated in the various
Civil Tax Sections of the Division which have specific jurisdiction
over civil tax cases.
Authority for maintenance of the system: This system is established and
maintained pursuant to 28 CFR 0.70 and 0.71.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
A. Classification cards are maintained on each Tax Division civil
case in order to identify and assign mail to the proper office
within the Division; to relate incoming material to an existing
case; to establish a file number for a new case upon receipt; and to
provide a central index of civil tax cases within the Division.
B. Docket cards are records pertaining to the flow of legal work in
the Division. They are maintained on each civil tax case which is
being or was handled by the Division's Sections.
C. Case files maintained allow Division attorneys immediate access
to information which is essential in carrying out their
responsibilities concerning all civil tax cases.
D. A record maintained in this system of records may be disseminated
as a routine use 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 of investigating or
prosecuting such violations 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
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 may be disseminated to the appropriate
Federal, state, local, or foreign court or grand jury in accordance
with applicable constitutional, substantive, or procedural law or
practice; (4) A record relating to a case or matter may be
disseminated to a Federal, state, or local administrative or
regulatory proceeding or hearing in accordance with the procedures
governing such proceeding or hearing; (5) A record relating to a
case or matter may be disseminated to an actual or potential party
or his attorney for the purpose of negotiation or discussion on such
matters as settlement of the case or matter, plea bargaining, or
informal discovery proceedings; (6) A record relating to a case or
matter that has been referred to the Tax Division may be
disseminated to the referring agency to notify such agency of the
status of the case or matter of any decision or determination that
has been made; (7) 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; (8) A record may be disseminated to a
Federal agency, in response to its request, in connection with the
hiring or retention of an employee, the issuance of a 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.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: Release of information to
the National Archives and Records Administration: A record from a
system of records may be disclosed as a routine use to the National
Archives and Records Administration (NARA) in records management
inspections conducted under the authority of 44 U.S.C. 2904 and
2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Information contained in this system is stored manually on
index cards and in folders.
Retrievability: Information is retrieved manually by the name of the
individual from the index card which, in turn, indicates the case
number, and the section unit or attorney assigned to work on the
material.
Safeguards: Information contained in the system is safeguarded and
protected in accordance with Departmental rules and procedures
governing access, production and disclosure of any materials
contained in its official files.
Retention and disposal: Currently, there are no provisions for the
disposal of the cards in this system; however, the records of the
closed classes are forwarded to the Federal Record Center, where
they are destroyed after 25 years.
System manager(s) and address: Assistant Attorney General, Tax Division,
U.S. Department of Justice, 10th and Constitution Avenue, NW,
Washington, DC 20530.
Notification procedure: An inquiry concerning this system should be
directed to the System Manager listed above.
Record access procedures: To the extent that this system of records is
not subject to exemption, it is subject to access and contest. A
determination as to the applicability of an exemption to a specific
record shall be made at the time a request for access is received. A
request for access to a record contained in this system shall be
made in writing, with the envelope and the letter clearly marked
`Privacy Access Request`. Include in the request the name of the
individual involved, his birth date and place, or any other
identifying number which may be of assistance in locating the
record, the name of the case or matter involved, if known, the name
of the judicial district involved, if known, and any other
information which may be of assistance in locating the record. The
requestor will also provide a return address for transmitting the
information. Access requests will be directed to the System Manager
listed above.
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.
Record source categories: Internal Revenue Service, Department offices
and employees, and other Federal, state, local, and foreign law
enforcement and non-law enforcement agencies, private persons,
witnesses and informants.
Systems exempted from certain provisions of the act: The Attorney
General has exempted this system from subsections (c)(3), (d)(1),
(d)(2), (d)(3), and (d)(4), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I),
and (f) of the Privacy Act pursuant to 5 U.S.C. 552a(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.
JUSTICE/TAX - 003
System name: Files of Applications for the Position of Attorney
with the Tax Division.
System location: U.S. Department of Justice, Tax Division, 10th and
Constitution Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system: Applicants who have
applied for a position as an attorney with the Tax Division.
Categories of records in the system: This system contains a card of each
applicant filed alphabetically. Files may contain background
information of the applicant, including SF 171 forms, resumes,
referral letters, letters of recommendation, interview notes,
internal notes or memoranda, and other miscellaneous correspondence.
Authority for maintenance of the system: This system is established and
maintained pursuant to the responsibilities assigned the Tax
Division under 28 CFR 0.70 and 0.71.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: (A) This system may be used
by employees and officials of the Division and the Justice
Department in making employment decisions; (B) A record from this
system of records may be disclosed to a federal agency, in response
to its request, in connection with the hiring of an employee, to the
extent that the information is relevant and necessary to the
requesting agency's decision on the matter.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: Release of information to
the National Archives and Records Administration: A record from a
system of records may be disclosed as a routine use to the National
Archives and Records Administration (NARA) in records management
inspections conducted under the authority of 44 U.S.C. 2904 and
2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Information contained in this system is stored manually,
alphabetically by name.
Retrievability: Information is retrieved manually by using the name of
the applicant desired.
Safeguards: Information contained in the system is unclassified. It is
safeguarded and protected in accordance with Departmental rules and
procedures governing access, production and disclosure of any
materials contained in its official files.
Retention and disposal: Information is retained in the card system for
10 years. Information in the files is retained in the system until a
decision is made as to the employment of the applicant.
System manager(s) and address: Assistant Attorney General, Tax Division,
U.S. Department of Justice, 10th Street and Constitution Avenue, NW,
Washington, DC 20530.
Notification procedure: Same as the above.
Record access procedures: A request for access to a record contained in
this system shall be made in writing, with the envelope and the
letter clearly marked `Privacy Access Request`. Include in the
request the name of the individual involved, his birth date and
place, or any other identifying number which may be of assistance in
locating the record, as well as the position applied for. The
requestor will also provide a return address for transmitting the
information. Access requests will be directed to the System Manager
listed above.
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 which
information is being contested, the reasons for contesting it, and
the proposed amendment to the information sought.
Record source categories: Generally, sources of information contained in
the system are the individual applicants, persons referring or
recommending the applicant, and employees and officials of the
Division and the Department.
Systems exempted from certain provisions of the act: None.
JUSTICE/TAX-004
System name: Freedom of Information--Privacy Act Request Files.
System location:
U.S. Department of Justice, Tax Division, 10th and Constitution
Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system:
Persons who have requested information under the Freedom of
Information Act and Privacy Act.
Categories of records in the system:
(a) Correspondence relating to requests for information; (b) documents
relevant to appeals and lawsuits under the Freedom of Information Act
and Privacy Act.
Authority for maintenance of the system:
The system is maintained to enable the Tax Division to process
requests under the Freedom of Information Act (5 U.S.C. 552) and
Privacy Act (5 U.S.C. 552a).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The system is maintained to insure the efficient processing of
requests made pursuant to the Freedom of Information Act (5 U.S.C.
552) and Privacy Act (5 U.S.C. 552a).
Release of information to the news media:
Information permitted to be released to the news media and the public
pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the Department of Justice 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.
Release of information to Members of Congress:
Information contained in systems of records maintained by the
Department of Justice, not otherwise required to be released pursuant
to 5 U.S.C. 552, may be made available to a Member of Congress or
staff acting upon 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.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Release of information to the National Archives and Records
Administration: A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) in records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information contained in this system is stored manually in standard
file folders, alphabetically by name of the person making the request.
Retrievability:
Information is retrieved manually by name of the persons making the
request.
Safeguards:
The system of records is stored in a file cabinet in a locked closet.
Access is restricted to the Information and Privacy Unit staff on a
need-to-know basis.
Retention and disposal:
Destruction schedules will be developed as the needs of the system
requirements become known. Presently, records are retained
indefinitely.
System manager(s) and address:
Assistant Attorney General, Tax Division, U.S. Department of Justice,
10th Street and Constitution Avenue, NW, Washington, DC 20530.
Notification procedure:
Inquiry concerning this system should be directed to the System
Manager listed above. Inquiries should contain the inquirer's name,
date and place of birth.
Record access procedures:
Same as above.
Contesting record procedures:
Same as above.
Record source categories:
(a) Persons requesting information; (b) Department of Justice
employees.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system pursuant to the
provisions of 5 U.S.C. 552a(j)(2) from subsections (c)(3), (c)(4),
(d)(1), (d)(2), (d)(3), (d)(4), (e)(1), (e)(2), (e)(3), (e)(4)(G),
(e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f) and (g) of 5 U.S.C. 552a; in
addition, this system, is exempted pursuant to the provisions of 5
U.S.C. 552a(k)(2) from subsections (c)(3), (d)(1), (d)(2), (d)(3),
(d)(4), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I) and (f) of 5 U.S.C.
552a. These exemptions apply only to the extent that the records in
this system have been obtained from other systems of records
maintained by the Tax Division for which exemptions from one or more
of the foregoing provisions of the Privacy Act have been promulgated
and only to the same extent as the records contained in such other
systems have been exempted. 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.
JUSTICE/TAX-005
System name: Tax Division Special Projects Files.
System location: U.S. Department of Justice, Tax Division, 10th and
Constitution Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system: Persons referred to in
potential or actual cases under the jurisdiction of the Criminal
Section of the Tax Division.
Categories of records in the system: The system consists of
investigatory files, records and associated documents and
information indexed by individual name and entity and relating to
matters assigned, referred or of interest to the Criminal Section of
the Tax Division.
Authority for maintenance of the system: This system is established and
maintained pursuant to 28 CFR 0.70 and 0.71.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
A. Materials maintained in this system may be used by Division
attorneys and attorneys in other appropriate offices, boards and
divisions for purposes of pursuing investigative leads and for
purposes of initiating, developing, preparing and prosecuting
criminal and civil tax cases.
B. Additionally, a record maintained in this system of records may
be disseminated as a routine use 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
material in question may be disseminated to the appropriate Federal,
state, local, or foreign agency charged with the responsibility of
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, material 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 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) Material may be disseminated to the appropriate
Federal, state, local, or foreign court or grand jury in accordance
with established constitutional, substantive, or procedural law or
practice; (4) Material may be disseminated to Federal, state or
local administrative or regulatory proceeding or hearing in
accordance with the procedures governing such proceeding or hearing;
(5) Material may be disseminated to an actual or potential party or
his attorney for the purpose of negotiation or discussion on such
matters as settlement of the case or matter, plea bargaining, or
informal discovery proceedings; (6) Material that has been referred
to the Tax Division may be disseminated to the referring agency to
notify such agency of the status of a potential or actual case or of
any decision or determination that has been made; (7) Material 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.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: Release of information to
the National Archives and Records Administration: A record from a
system of records may be disclosed as a routine use to the National
Archives and Records Administration (NARA) in records management
inspections conducted under the authority of 44 U.S.C. 2904 and
2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Material contained in this system is stored manually.
Retrievability: Material is retrieved by the name of an individual or
entity both manually and through the use of an automated data
retrieval system.
Safeguards: Information contained in the system is safeguarded and
protected in accordance with Departmental rules and procedures
governing access, production and disclosure of any materials
contained in its official files.
Retention and disposal: Currently there are no provisions for the
disposal of material in this system.
System manager(s) and address: Assistant Attorney General, Tax Division,
U.S. Department of Justice, 10th Street and Constitution Avenue, NW,
Washington, DC 20530.
Notification procedure: An inquiry concerning this system should be
directed to the System Manager listed above.
Record access procedures: To the extent that this system of records is
not subject to exemption, it is subject to access and contest. A
determination as to the applicability of an exemption to a specific
record shall be made at the time a request for access is received. A
request for access to a record contained in this system shall be
made in writing, with the envelope and the letter clearly marked
`Privacy Access Request`. Include in the request the name of the
individual involved, his birth date and place, or any other
identifying number which may be of assistance in locating the
record, the name of the case or matter involved, if known, the name
of the judicial district involved, if known, and any other
information which may be of assistance in locating the record. The
requestor will also provide a return address for transmitting the
information. Access requests will be directed to the System Manager
listed above.
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.
Record source categories: Internal Revenue Service, Department Offices
and employees, and other Federal, state, local, and foreign law
enforcement and non-law enforcement agencies, private persons,
witnesses, and informants.
Systems exempted from certain provisions of the act: The Attorney
General has exempted this system from subsections (c)(3), (c)(4),
(d)(1), (d)(2), (d)(3), (d)(4), (e)(1), (e)(2), (e)(3), (e)(4)(G),
(e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f), and (g) of the Privacy
Act pursuant to 5 U.S.C. 552a(j). Rules have been promulgated in
accordance with the requirements of 5 USC 552a(b), (c) and (e) and
have been published in the Federal Register.
UNITED STATES ATTORNEY`S OFFICE
JUSTICE/USA-001
System name: Administrative File.
System location:
Ninety-four United States Attorneys' Office (See appendix identified
as JUSTICE/USA-999); Executive Office for United States Attorneys,
U.S. Department of Justice, 10th & Constitution Avenue NW, Washington,
DC 20530.
Categories of individuals covered by the system:
(a) Office Personnel (present and past); (b) Expert professionals
whose services are used by the office: (c) Applicants for office
positions; (d) Witnesses in Court proceedings; (e) Prisoners-In-
Custody; (f) Defendants; (g) Debtors; (h) Vendors; (i) Citizens making
inquiries; (j) Members of local and State Bar Associations.
Categories of records in the system:
(a) Personnel Files (official/unofficial); (b) Applicant Files; (c)
Employee Record cards (SF-7B); (d) Office Rosters; (e) Tickler File
System for Promotions; (f) Personnel Address and Telephone Number
Lists; (g) Sign In/Out Sheets; (h) Time and Attendance Records (OMF-
44); (i) Wage Earnings Statement (DOJ-296); (j) Travel Authorizations
and Vouchers (OBD-1 and SF-1012); (k) Advice of Obligations incurred
(DJ-60); (l) Telephone Records and Logs; (m) Fiscal Vouchers; (n)
Witness Records (LAA-3); (o) Lists of Records at Federal Records
Center; (p) In-House Statistical Reports; (q) Internal Meetings
Records; (r) Equal Employment Opportunity (EEO) Records; (s)
Employees: Organizations and Unions Records; (t) Federal Woman's
Program Records; (u) Address and Telephone Indexes; (v) Lists of State
and Local Bar Members; (w) Lists of Expert Professionals; (x) Requests
for Expert Witnesses; (y) Telephone Files; (z) Correspondence Files;
and (aa) Assistant United States Attorneys' Skills Inventory.
Authority for maintenance of the system:
These systems are established and maintained pursuant to 5 U.S.C. 301
and 44 U.S.C. 3101.
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:
(a) In any case in which there is an indication of a violation or
potential violation of law or legal obligation, criminal, civil, 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 or civil remedy;
(b) In the course of investigating the potential or actual violation
of any law, criminal, civil, 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, or to any individual or
organization possesses 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;
(c) A record relating to a case or matter may be disseminated in an
appropriate federal, state, local, or foreign court or grand jury
proceeding in accordance with established constitutional substantive
or procedural law or practice;
(d) A record relating to a case or matter may be disseminated to a
federal, state, or local administrative or regulatory proceeding or
hearing in accordance with the procedures governing such proceeding or
hearing;
(e) A record relating to a case or matter may be disseminated to an
actual or potential party or his attorney for the purpose of
negotiation or discussion on such matters as settlement of the case or
matter, plea bargaining, or informal discovery proceedings;
(f) 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, 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;
(g) A record relating to a person held in custody pending or during
arraignment, trial, sentence, or extradition proceedings, or after
conviction or after extradition proceedings, may be disseminated to a
federal, state, local, or foreign prison, probation, parole, or pardon
authority, or to any other agency or individual concerned with the
maintenance, transportation, or release of such a person:
(h) 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;
(i) 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;
(j) A record may be disseminated to a federal agency, in response to
its request, in connection with the hiring or retention of an
employee, the issuance of a 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) A record may be disseminated to the public, news media, trade
associations, or organized groups, when the purpose of the
dissemination is educational or informational, such as descriptions of
crime trends or distinctive or unique modus operandi, provided that
the record does not contain any information identifiable to a specific
individual other than such modus operandi;
(l) 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
apprehending and/or returning a fugitive to a jurisdiction which seeks
his return;
(m) A record that contains classified national security information
and material may be disseminated to persons who are engaged in
historical research projects, or who have previously occupied
policymaking provisions to which they were appointed by the President,
in accordance with the provisions codified in 28 CFR 17.60; and
(n) A record may be accessed by volunteer student workers and students
working under a college work-study program, as is necessary to enable
them to perform their function.
Release of information to the news media:
Information permitted to be released to the news media and the public
pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the Department of Justice 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.
Release of information to Member of Congress:
Information contained in systems of records maintained by the
Department of Justice, not otherwise required to be released pursuant
to 5 U.S.C. 552, may be made available to a Member of Congress or
staff acting upon 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.
Release of information to the National Archives and Records
Administration:
A record from a system of records may be disclosed as a routine use to
the National Archives and Records Administration (NARA) in records
management inspections conducted under the authority of 44 U.S.C. 2904
and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
All information except that specified in this paragraph, is recorded
on basic paper/cardboard material, and stored within manila file
folders, within metal file cabinets, electric file/card retrievers or
safes. Some material is recorded and stored on magnetic tape, card or
other data processing type storage matter for reproduction later into
conventional formats.
Retrievability:
Information is retrieved primarily by name of person, case number,
complaint number or court docket number. Information within this
system of records may be accessed by various U.S. Attorney's offices
and the Executive Office for United States Attorneys by means of
catho-ray tube terminals (CRT's).
Safeguards:
Information in the system is stored in file cabinets in the United
States Attorney's offices. Some materials are located in locked file
drawers and safes, and others in unlocked file drawers. Offices are
locked during non-working hours and are secured by either Federal
Protective Service, United States Postal Service, or private building
guards. Information that is retrievable by CRT's within various U.S.
Attorneys' offices and the Executive Office for United States
Attorneys requires user identification numbers which are issued to
authorized employees of the Department of Justice.
Retention and disposal:
Records are maintained and disposed of in accordance with Department
of Justice retention plans.
System manager(s) and address:
System Manager for the system in each office is the Administrative
Officer/Assistant, for the U.S. Attorney for each district (See
appendix identified as JUSTICE/USA-999).
Notification procedure:
Address inquiries to the System Manager for the judicial district in
which the case or matter is pending (See appendix identified as
JUSTICE/USA-999).
Record access procedures:
A request for access to a record from this system shall be made in
writing with the envelope and the letter clearly marked ``Privacy
Access Request.'' Include in the request the name of the individual
involved, his birth date and place, or any other identifying number or
information which may be of assistance in locating the record and the
name of the case or matter involved, if known. The requester will also
provide a return address for transmitting the information. Access
requests will be directed to the System Manager (See appendix
identified as JUSTICE/USA-999).
Contesting record procedures:
Individuals desiring to contest or amend information maintained in the
system should direct their request to the System manager (See appendix
identified as JUSTICE/USA-999) stating clearly and concisely what
information is being contested, the reasons for contesting it, and the
proposed amendment to the information sought.
Record source categories:
Sources of information contained in this system include, but are
limited to, investigative reports of federal, state and local law
enforcement agencies, client agencies of the Department of Justice;
other non-Department of Justice investigative agencies; forensic
reports; statements of witnesses and parties, data, memoranda and
reports from the Courts and agencies thereof; and the work product of
Assistant United States Attorneys, Department of Justice attorneys and
administrative staff of the divisions, offices and bureaus, work
product of secretarial and administrative staff within the U.S.
Attorneys office and the Executive Office for U.S. Attorneys, from
general public referral sources or as provided by members of the
public who participate, assist or observe in pending cases or matters,
or commercial establishments which provide goods or services,
publications and reports from the Department's other offices,
divisions and bureaus and internal U.S. Attorney work product.
Systems exempted from certain provisions of the act:
None.
JUSTICE/USA-002
System name: A U.S.A. Applicant Files.
System location:
Executive Office for United States Attorneys, U.S. Department of
Justice, 10th & Constitution Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system:
Applicants tentatively selected (by nomination of a U.S. Attorney) for
the position of Assistant U.S. Attorney.
Categories of records in the system:
The system includes the applicants name, status of Bar membership and
dates of receipt, status and final determination on the appointment of
the applicant. The system is arranged chronologically by date of
receipt of file and applicants name.
Authority for maintenance of the system:
These records are kept for administrative convenience pursuant to 5
U.S.C. 301 and 44 U.S.C. 3101.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
All uses are internal within the Department.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration: A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) in records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
The material is stored within manila file folders, within metal file
cabinets.
Retrievability:
The system is indexed by name, arranged alphabetically.
Safeguards:
The correspondence is maintained in a room which is occupied by office
personnel during the day and locked at night.
Retention and disposal:
Records are maintained and disposed of in accordance with Department
retention plans.
System manager(s) and address:
Director, Executive Office of United States Attorneys, U.S. Department
of Justice, 10th & Constitution Avenue, NW, Washington, DC 20530.
Notification procedure:
Same as the above.
Record access procedures:
A request for access to a record from this system shall be made in
writing, with the envelope and the letter clearly marked ``Privacy
Access Request.'' Include in the request the name and address as
included in the original letter, together with the current address if
different, the date of the letter and to whom it was addressed.
Requests should be directed to the System Manager listed above.
Contesting record procedures:
Any requests for correction should also be directed to the System
Manager and should indicate the exact correction required.
Record source categories:
Sources of information in this system are the actual letter received,
the response and any transmitted information and enclosures.
Systems exempted from certain provisions of the act:
None.
JUSTICE/USA-003
System name: Citizen Complaint Files.
System location:
U.S. Attorney's Office, Judiciary Center Bldg., 555 4th St. NW,
Washington, DC 20001; Executive Office for United States Attorneys,
U.S. Department of Justice, 10th & Constitution Avenue, NW.,
Washington, DC 20530.
Categories of individuals covered by the system:
The individuals on whom records are maintained in this system may be
broadly classified in four categories. (1) Those individuals who have
been charged with Federal and D.C. Code violations; (2) those
individuals who are currently under investigation for violations of
Federal and D.C. Code; (3) those individuals about whom complaints
have been made on upon whom investigations were conducted, but no
prosecution was initiated; and (4) complainants.
Categories of records in the system:
A file may consist of a single sheet of paper describing briefly the
nature of a complaint and its disposition or it may consist of a more
comprehensive file containing the results of a hearing, depending on
the complexity or seriousness of the complaint. If the complaint
results in criminal charges being preferred, the contents of the file
are transferred to the appropriate criminal file system.
Authority for maintenance of the system:
5 U.S.C. 301, 28 U.S.C. 547, 23 D.C. Code 101(c).
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
agency, federal, state, local, or foreign, charged with the
responsibility of investigating or prosecuting such violation or
charged with enforcement or implementing such laws;
(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, if
there is reason to believe that such agency or individual possesses
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) Records or extracts thereof relating to case matters or matter may
be disseminated to a defendant or his attorney or to the appropriate
federal, state, local or foreign court or grand jury in accordance
with established constitutional, substantive, or procedural law or
practice;
(4) A record relating to a case or matter may be disseminated to a
federal, state, or local administrative or regulatory proceeding or
hearing in accordance with the procedures governing such proceeding or
hearing;
(5) A record relating to a case or matter may be disseminated to an
actual or potential party or his attorney for the purpose of
negotiation or discussion on such matters as settlement of the case or
matter, plea bargaining, or informal discovery proceedings;
(6) A record relating to a case or matter than has been referred for
investigation may be disseminated to the referring agency to notify
such agency of the status of the case or matter or of any decision or
determination that has been made;
(7) A record relating to a person held arraignment, trial or sentence,
or after conviction, may be disseminated to a federal, state, local,
or foreign prison, probation, parole, bail or pardon authority, or to
any agency or individual, concerned with the custody maintenance,
transportation, or release of such person;
(8) 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;
(9) A record may be disseminated to a federal, state, local, or
foreign 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;
(10) A record may be disseminated to a federal agency, in response to
its request, in connection with the hiring or retention of an
employee, the issuance of a 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;
(11) A record may be accessed by volunteer student workers and
students working under a college work-study program, as is necessary
to enable them to perform their function.
(12) Release of information to the news media: Information permitted
to be released to the news media and the public pursuant to 28 CFR
50.2 may be made available from systems of records maintained by the
Department of Justice 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.
(13) Release of information to Members of Congress. Information
contained in systems of records maintained by the Department of
Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available to a Member of Congress or staff acting
upon 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 and;
(14) Release of information to the National Archives and Records
Administration (NARA) and the General Services Administration (GSA): A
record from a system of records may be disclosed as a routine use to
NARA and GSA in records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Citizen complaint files are maintained in one of two ways; either on a
single sheet which is a record of the complaint and disposition
thereof or in complaints which result in further proceedings, a file
folder would be established. Some material is recorded and stored on
magetic tape, card or other data processing type storage matter for
reproduction later into conventinal formats and for management
information purposes.
Retrievability:
Information is retrieved either by the name of a complainant, the name
of a person about whom a complaint is registered or by a complaint
number. If further proceedings are conducted with respect to a
citizen's complaint and the complaint materializes into a criminal
action, the file folder will become part of the criminal files and
then is retrievable in the same manner as any criminal file is
retrieved. Information may be accessed by means of cathode-ray tube
terminals (CRT'S).
Safeguards:
Information contained in the system is unclassified. It is safeguarded
and protected by being maintained in files at the Citzens Complaint
Center, and the Legal Services section of the Executive Office for
United States Attorneys, which is manned at all times when it is open
and at other times is locked. More sensitive files that materialize
into hearings or require further action by the Misdemeanor Trial
Section of the Superior Court Division, or the Executive Office for
United States Attorneys, are maintained by the Chief of the Misdemanor
Trial Section in his office in Building B of the Superior Court, or
the Assistant Director for Legal Services, Executive Office for United
States Attorneys in his safe. Information that is retrievable by CRT's
within various U.S. Attorneys' offices and the Executive Office for
United States Attorneys require user identification numbers which are
issued to authorized employees of the Department of Justice.
Retention and disposal:
Files are retained and disposed of in accordance with Title 3, U.S.
Attorney's Manual.
System manager(s) and address:
Chief, Misdemeanor Trial Section, U.S Attorney's Office, Superior
Court, Operations, 555 4th St. NW, Washington, DC 20001; Director,
Executive Office for United States Attorneys, U.S. Department of
Justice, 10th & Constitution Avenue, NW, Washington, DC 20530.
Notification procedure:
Address inquiries to the System Manager.
Record access procedures:
The major part of these systems are exempt from this requirement under
5 U.S.C. 552a (j)(2),(k)I1) and/or (k)(2). To the extent that this
system is not subject to exemption, it is subject to access. A
determination as to exemption shall be made at the time a request for
access is received. A request for access to a record from this system
shall be made in writing, with the envelope and the letter clearly
marked ``Privacy Access Request.'' Include in the request the general
subject matter of the document or its file number. The requestor will
also provide a return address for transmitting the information. Access
requests will be directed to the System Manager listed above.
Contesting record procedures:
The major parts of these systems are exempt from this requirement
under 5 U.S.C. 552a (j)(2),(k)(1) and/or (k)(2). To the extent that
this system is not subject to exemption, it is subject to contest. A
determination as to exemption shall be made at the time a request for
contest is received. 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.
Record source categories:
Sources of information contained in this system come primarily from
citizens walking into this unit to register complaints. Sources also
include but are not limited to investigative reports of federal, state
and local law enforcement agencies, forensic reports, statements of
witnesses and parties, as well as verbatim transcripts for grand jury
proceedings and court proceedings, memoranda and reports from the
court and agencies thereof and the work product of Assistant United
States Attorneys and legal assistants working on particular cases.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c)(3)
and (4), (d), (e)(1), (2) and (3), (e)(4)(G) and (H), (e)(5) and (8),
(f), (g) and (h) of the Privacy Act pursuant to 5 U.S.C. 552a (j)(2)
and (k)(1) and (2). 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.
JUSTICE/USA-004
System name: Citizen Correspondence Files.
System location:
Executive Office for United States Attorneys, U.S. Department of
Justice, 10th & Constitution Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system:
(a) Individuals who write to the Executive Office for United States
Attorneys, its Director or a member of his staff.
(b) Individuals who write to the Attorney General or the Department of
Justice and whose letter is referred to the Executive Office of United
States Attorneys.
(c) Individuals whose letter has been referred to the Executive Office
of United States Attorneys for a response by the White House,
Executive Agencies or Members of Congress.
In all of the above categories, the individuals include only those who
express general views or seek information or assistance. Freedom of
Information requests are not indexed in this system.
Categories of records in the system:
The system includes the original correspondence received as well as
any response, referral letters or notes concerning the subject of the
correspondence and copies of any enclosures. The system is arranged
alphabetically by the last name of the original correspondent.
Authority for maintenance of the system:
These records are kept for administrative convenience pursuant to 5
U.S.C. 301 and 44 U.S.C. 3101.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(a) Information from the responses may be provided to the referrer of
the original correspondence. All other uses are internal within the
Department.
(b) Information permitted to be released to the news media and the
public pursuant to 28 CFR 50.2 may be made available from systems of
records maintained by the Department of Justice 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.
(c) Release of information to Members of Congress: Information
contained in systems of records maintained by the Department of
Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available to a Member of Congress or staff acting
upon the Member's behalf when the Member of staff requests the
information on behalf of and at the request of the individual who is
the subject of the record and;
(d) Release of information to the National Archives and Records
Administration (NARA) and the General Services Administration (GSA): A
record from a system of records may be disclosed as a routine use to
NARA and GSA in records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
The material is stored within manila file folders, within metal file
cabinets. Some material is recorded and stored on magnetic tape, card
or other data processing type storage matter for reproduction later
into conventional formats and for management information purposes.
Retrievability:
The system is indexed by name, arranged alphabetically. Information
may be accessed by means of cathode-ray tube terminals.
Safeguards:
The correspondence is maintained in a room which is occupied by office
personnel during the day and locked at night. Information that is
retrievable by CRT's within various U.S. Attorneys' offices and the
Executive Office for United States Attorneys requires user
identification numbers which are issued to authorized employees of the
Department of Justice.
Retention and disposal:
Records are maintained and disposed of in accordance with Department
retention plans.
System manager(s) and address:
Director, Executive Office of United States Attorneys, U.S. Department
of Justice, 10th & Constitution Avenue, NW, Washington, DC 25030.
Notification procedure:
Same as the above.
Record access procedures:
A request for access to a record from this system shall be made in
writing, with the envelope and the letter clearly marked ``Privacy
Access Request.'' Include in the request the name and address as
included in the original letter, together with the current address if
different, the date of the letter and to whom it was addressed.
Requests should be directed to the System Manager listed above.
Contesting record procedures:
Any request for correction should also be directed to the System
Manager and should indicate the exact correction required.
Record source categories:
Sources of information in this system are the actual letter received,
the response and any transmitted information and enclosures.
Systems exempted from certain provisions of the act:
None.
JUSTICE/USA-005
System name: Civil Case Files.
System location:
Ninety-four United States Attorneys' Offices (See Appendix identified
as Justice/USA-999), Executive Office for United States Attorneys,
U.S. Department of Justice, 10th and Constitution Avenue NW,
Washington, DC 20530.
Categories of individuals covered by the system:
(a) Individuals being investigated in anticipation of Civil suits; (b)
Individuals involved in Civil suits; (c) Defense Counsel(s); (d)
Information sources; (e) Individuals relevant to the development of
Civil suits.
Categories of records in the system:
(a) All Civil Case Files (USA-34); (b) Docket Cards (USA-116); (c)
Civil Debtor Cards--(USA-117b); (d) Civil Case Activity Card (USA-
164); (e) Civil Debtor Activity Card (USA-166); (f) 3 x 5 Index Cards;
(g) Caseload Printouts; (h) General Correspondence re: Civil Cases;
(i) Reading Files re: Civil Cases; (j) Information Source File; (k)
Attorney Assignment sheets; (l) Telephone records; (m) Miscellaneous
Investigative files; (n) Lands condemnation files (Appraisal and
Negotiator Reports); (o) Tax Case Resource File; (p) Material in Civil
File related to Criminal cases arising out of Civil Proceedings; (q)
Search Warrants; (r) Files unique to District; (s) Civil Miscellaneous
Correspondence File.
Authority for maintenance of the system:
These systems are established and maintained pursuant to 5 U.S.C. 301,
28 U.S.C. 547 and 44 U.S.C. 3101.
Purpose(s):
Records are maintained for the purpose of litigating or otherwise
resolving civil cases or matters handled by the United States
Attorneys or the Executive Office for United States Attorneys.
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:
(a) In any case in which there is an indication of a violation or
potential violation of law, civil, or regulatory in nature, the record
in question may be disseminated to the appropriate Federal, State,
local or foreign agency charged with the responsibility of
investigating, defending or pursuing such violation, civil claim or
remedy, or charged with enforcing, defending or implementing such law;
(b) In the course of investigating the potential or actual violation
or civil liability of any government action or law, civil, or
regulatory in nature or during the course of a trial or hearing or the
preparation for a trial or hearing for such civil action, 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 relating to
the investigation or civil action trial, or hearing and the
dissemination is reasonably necessary to elicit such 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 an
appropriate Federal, State, local, or foreign court or grand jury
proceeding in accordance with established constitutional, substantive,
or procedural law or practice;
(d) A record relating to a case or matter may be disseminated to a
Federal, State, or local administrative or regulatory proceeding or
hearing in accordance with the procedures governing such proceeding or
hearing;
(e) A record relating to a case or matter may be disseminated to an
actual or potential party or his attorney for the purpose of
negotiation or discussion on such matters as settlement of the case or
matter, or informal discovery proceedings;
(f) A record relating to a case or matter that has been referred by an
agency for investigation, civil action, or enforcement, 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;
(g) A record relating to a case or matter may be disseminating to a
foreign country pursuant to an international treaty or convention
entered into and ratified by the United States or to an executive
agreement;
(h) 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 or to assist in general civil
matters or cases;
(i) A record may be disseminated to a Federal agency, in response to
its request, in connection with the hiring or retention of an
employee, the issuance of security clearance as is required, 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;
(j) A record may be disseminated to the public, news media, trade
associations, or organized groups, when the purpose of the
dissemination is educational or informational, such as descriptions of
types or courses of action or distinctive or unique modus operandi,
provided that the record does not contain any information identifiable
to a specific individual other than such modus operandi;
(k) 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
general crime prevention, the pursuit of general civil, regulatory or
administrative civil actions or to provide investigative leads to such
country, or assist in the location and/or returning of witnesses and
other evidence;
(l) A record that contains classified national security information
and material may be disseminated to persons who are engaged in
historical research projects, or who have previously occupied
policymaking positions to which they were appointed by the President,
in accordance with the provisions codified in 28 CFR 17.96;
(m) A record relating to an actual or potential civil or criminal
violation of title 17, United States Code, may be disseminated to a
person injured by such violation to assist him in the institution or
maintenance of a suit brought under such title;
(n) A record may be accessed by volunteer student workers and students
working under a college work-study program, as is necessary to enable
them to perform their function;
(o) A record, or facts derived therefrom, may be disseminated in a
proceeding before a court or adjudicative body before which the United
States Attorney's office or the Executive Office for U.S. Attorneys is
authorized to appear when i. the United States Attorney's office or
the Executive Office for U.S. Attorneys, or any subdivision thereof,
or ii. any employee of the United States Attorney's office or the
Executive Office for U.S. Attorneys in his or her official capacity,
or iii. any employee of the United States Attorney's office or the
Executive Office for U.S. Attorneys in his or her individual capacity
where the Department of Justice has agreed to represent the employee,
or iv. the United States, where the United States Attorney's office or
the Executive Office for U.S. Attorneys determines that the litigation
is likely to affect it or any of its subdivisions, is a party to
litigation or has an interest in litigation and such records are
determined by the United States Attorney's office or the Executive
Office for U.S. Attorneys to be arguably relevant to the litigation;
(p) A record, or facts derived therefrom, may be disseminated in a
proceeding before a court or adjudicative body before which the United
States Attorney's Office is authorized to appear, when the United
States, or any agency or subdivision thereof, is a party to litigation
or has an interest in litigation and such records are determined by
the United States Attorney's Office to be arguably relevant to the
litigation;
(q) Records relating to an individual who owes an overdue debt to the
United States may be disseminated to (1) a Federal agency which
employs the individual to enable the employing agency to offset the
individual's salary, (2) a Federal, State, local or foreign agency, an
organization, including a consumer reporting agency, or individual to
elicit information to assist the United States Attorney in the
collection of the overdue debt, (3) a collection agency or private
counsel to enable them to collect the overdue debt, and (4) the
Internal Revenue Service (IRS) to enable that agency to offset the
individual's tax refund. Records provided to the IRS may be used in a
computer matching program to identify individuals who are entitled to
refunds against which such offset for overdue debts would be
appropriate;
(r) Information permitted to be released to the news media and the
public pursuant to 28 CFR 50.2 may be made available 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;
(s) Information not otherwise required to be released pursuant to 5
U.S.C. 552, may be made available to a Member of Congress or staff
acting upon 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 this record;
(t) A record may be disclosed as a routine use to the National
Archives and Records Administration in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906; and
(u) Notice of disclosure under subsection (b)(12) of the Privacy Act:
Records relating to individuals who owe a past-due debt to the United
States may be disseminated to consumer reporting agencies to encourage
payment of the past-due debt.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
All information, except that specified in this paragraph, is recorded
on basic paper/cardboard material, and stored within manila file
folders, within metal file cabinets, electric file/card retrievers or
safes. Some material is recorded and stored on magnetic tape, card or
other data processing type storage matter for reproduction later into
conventional formats.
Retrievability:
Information is retrieved primarily by name of person, case number,
complaint number or court docket number. Information within this
system of records may be accessed by various U.S. Attorneys' offices,
and the Executive Office for United States Attorneys by means of
cathode-ray tube terminals (CRT's).
Safeguards:
Information in the system is both confidential and nonconfidential and
located in file cabinets in the United States Attorney offices.
Confidential materials are in locked file drawers and safes, and
nonconfidential materials are in unlocked file drawers. Offices are
locked during nonworking hours and are secured by either Federal
Protective Service, United States Postal Service, or private building
guards. Information that is retrievable by CRT's within various U.S.
Attorney's offices and the Executive Office for United States
Attorneys requires user identification numbers which are issued to
authorized employees of the Department of Justice.
Retention and disposal:
Records are destroyed ten years after case is closed in accordance
with approved retention and disposal schedules.
System manager(s) and address:
System Manager for the system in each office is the Administrative
Officer/Assistant, for the U.S. Attorney for each district. (See
appendix.)
Notification procedure:
Address inquiries to the System Manager for the judicial district in
which the case or matter is pending. (See appendix.)
Record access procedures:
The major part of the information maintained in this sytem is exempt
from this requirement under 5 U.S.C. 552a (j)(2), (k)(1) and/or
(k)(2). To the extent that this system is not subject to exemption, it
is subject to access. A determination as to examination shall be made
at the time a request for access is received. A request for access to
a record from this system shall be made in writing, with the envelope
and the letter clearly marked ``Privacy Access Request.'' Include in
the request the name of the individual involved, his birth date and
place, or any other identifying number or information which may be of
assistance in locating the record and the name of the case or matter
involved, if known. The requestor will also provide his or her
notarized signature and a return address for transmitting the
information. Access requests will be directed to the System Manager.
(See appendix.)
Contesting record procedures:
The major part of the information maintained in this system is exempt
from this requirement under 5 U.S.C. 552(a)(j)(2), (k)(1) and/or
(k)(2). To the extent that this system is not subject to exemption, it
is subject to contest. A determination as to exemption shall be made
at the time a request for contest is received. Individuals desiring to
contest or amend information maintained in the system should direct
their request to the System Manager (see appendix) stating clearly and
concisely what information is being contested, the reasons for
contesting it, and the proposed amendment to the information sought.
Record source categories:
Sources of information contained in this system include, but are not
limited to investigative reports of Federal, State, and local law
enforcement, civil litigation, regulatory and administrative agencies;
client agencies of the Department of Justice; other non-Department of
Justice investigative agencies: forensic reports; statements of
witnesses and parties; verbatim transcripts of deposition and court
proceedings; date, memoranda and reports from the court and agencies
thereof; and the work product of Assistant United States Attorneys,
Department of Justice attorneys and staff, and legal assistants
working on particular cases.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c)(3)
and (4), (d), (e)(1), (2) and (3), (e)(4)(G) and (H), (e)(5) and (8),
and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2) and (k)(1)
and (2). 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.
JUSTICE/USA-006
System name: Consumer Complaints.
System location:
U.S. Attorney's Office, Judiciary Center Bldg., 555 4th St. NW,
Washington, DC 20001.
Categories of individuals covered by the system:
The individuals on whom records are maintained in this system may be
broadly classified in four categories: (1) Those individuals who have
been charged with Federal and D.C. Code violations; (2) Those
individuals who are currently under investigation for violations of
Federal and D.C. Code; (3) Those individuals upon whom investigations
were conducted, but no prosecution was initiated; and (4)
Complainants.
Categories of records in the system:
The system contained allegations of consumer fraud by citizens of the
District of Columbia Metropolitan area. It includes names, addresses,
and the substance of the complaints.
Authority for maintenance of the system:
5 U.S.C. 301.28 U.S.C. 547.23 D.C. Code 101(c).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
A record maintained in the system of records may be disseminated as a
routing 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
agency, federal, state, local, or foreign, 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, if
there is reason to believe that such agency or individual possesses
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) Records of extracts thereof relating to a case or matter may be
disseminated to a defendant or his attorney or to the appropriate
federal, state, local, or foreign, court or grand jury in accordance
with established constitutional, substantive, or procedural law or
practice;
(4) A record relating to a case or matter may be disseminated to a
federal, state, or local administrative or regulatory proceeding or
hearing in accordance with the procedures governing such proceeding or
hearing;
(5) A record relating to a case or matter may be disseminated to an
acutal or potential party or his attorney for the purpose of
negotiation or discussion on such matters as settlement of the case or
matter, plea bargaining, or informal discovery proceedings;
(6) A record relating to a case or matter that has been referred for
investigation may be disseminated to the referring agency to notify
such agency of the status of the case or matter or of any decision or
determination that has been made;
(7) A record relating to person held pending arraignment, trial or
sentence, or after conviction, may be disseminated to a federal,
state, local or foreign prison, probation parole, bail or pardon
authority, or to any agency or individual concerned with the custody
maintenance, transportation, or release of such a person;
(8) A record relating to a case or matter may be disseminated to a
foreign country pursuant to an international treaty of convention
entered into or ratified by the United States;
(9) A record may be disseminated to federal, state, local, or foreign
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;
(10) A record may be disseminated to a federal agency, in response to
its request, in connection with the hiring or retention of an
employee, the issuance of a 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; and
(11) A record may be accessed by volunteer student workers and
students working under a college work-study program, as is necessary
to enable them to perform their function.
(12) Release of information to the news media: Information permitted
to be released to the news media and the public pursuant to 28 CFR
50.2 may be made available from systems of records maintained by the
Department of Justice 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.
(13) Release of information to Members of Congress: Information
contained in systems of records maintained by the Department of
Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available to a Member of Congress or staff acting
upon 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 and;
(14) Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to NARA and GSA in records management inspections conducted under
the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information maintained in this system is stored in the Fraud Section
of the U.S. Attorney's Office.
Retrievability:
Information is retrieved via a cross-index by complainant and
potential defendant.
Safeguards:
Information contained in this system is unclassified. It is protected
in accordance with Departmental rules and is safeguarded in the U.S.
Attorney's Office in the Fraud Section.
Retention and disposal:
The records are stored for a period of at least the statute of
limitations for the offense charged.
System manager(s) and address:
Chief, Fraud Division, U.S. Attorney's Office, Judiciary Center Bldg.,
555 4th Street, NW, Washington, DC 20001.
Notification procedure:
Address inquiries to the System Manager.
Record access procedures:
The major part of the information maintained in this system is exempt
from this requirement under 5 U.S.C. 552a (j)(2), (k)(1) and/or
(k)(2). To the extent that this system is not subject to exemption, it
is subject to access. A determination as to exemption shall be made at
the time a request for access is received. A request for access to a
record from this system shall be made in writing, with the envelope
and the letter clearly marked ``Privacy Access Request.'' Include in
the request the general subject matter of the document or its file
number. The requestor will also provide a return address for
transmitting the information. Access requests will be directed to the
System Manager listed above.
Contesting record procedures:
The major part of the information maintained in this system is exempt
from this requirement under 5 U.S.C. 552a (j)(2), (k)(1) and/or
(k)(2). To the extent that this system is not subject to exemption, it
is subject to contest. A determination as to exemption shall be made
at the time a request for contest is received. 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.
Record source categories:
The sources of information contained in this system are complaints
referred to the U.S. Attorney's Office by citizens and consumer
protection agencies.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c)(3)
and (4), (d), (e)(1), (2) and (3), (e)(4)(G) and (H), (e)(5) and (8),
(f), (g) and (h) of the Privacy Act pursuant to 5 U.S.C. 552a (j)(2)
and (k)(1) and (2). 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.
JUSTICE/USA-007
System name: Criminal Case Files.
System location:
Ninety-four United States Attorneys' Offices (See Appendix identified
as Justice/USA-999), Executive Office for United States Attorneys,
U.S. Department of Justice, 10th & Constitution Avenue NW, Washington,
DC 20530
Categories of individuals covered by the system:
(a) Individuals charged with violations; (b) Individuals being
investigated for violations; (c) Defense Counsel(s); (d) Information
Sources; (e) Individuals relevant to development of Criminal Cases;
(f) Individuals investigated, but prosecution declined; (g)
Individuals referred to in potential or actual cases and matters of
concern to a U.S. Attorney's Office; (h) Individuals placed into the
Department's Pretrial Diversion program.
Categories of records in the system:
(a) All case files (USA-33); (b) Docket Cards (USA-115); (c) Criminal
Debtor Cards (USA-117a); (d) Criminal Case Activity Card (USA-163);
(e) Criminal Debtor Activity Card (USA-164); (f) 3 by 5 Index Cards;
(g) Caseload Printouts; (h) Attorney Assignment Sheets; (i) General
Correspondence re: Criminal Cases; (j) Reading Files re: Criminal
Cases; (k) Grand Jury Proceedings; (l) Miscellaneous Investigative
Reports; (m) Information Source Files; (n) Parole Recommendations; (o)
Immunity Requests; (p) Witness Protection Files; (q) Wiretap
Authorizations; (r) Search Warrants; (s) Telephone records; (t)
Criminal Complaints; (u) Sealed Indictment Records; (v) Files unique
to a District; (w) Criminal Miscellaneous Correspondence File; (x)
Prosecution Declined Reports.
Authority for maintenance of the system:
These systems are established and maintained pursuant to 5 U.S.C. 301,
28 U.S.C. 547 and 44 U.S.C. 3101
Purpose(s):
Records are maintained for the purpose of prosecuting or otherwise
resolving criminal cases or matters handled by the United States
Attorneys.
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:
(a) In any case in which there is an indication of a violation or
potential violation of law, 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;
(b) In the course of investigating the potential or actual violations
of any law, criminal, civil, 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 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;
(c) A record relating to a case or matter may be disseminated in an
appropriate Federal, state, local, or foreign court or grand jury
proceeding in accordance with established constitutional, substantive,
or procedural law or practice;
(d) A record relating to a case or matter may be disseminated to a
Federal, state, or local administrative or regulatory proceeding or
hearing in accordance with the procedures governing such proceeding or
hearing;
(e) A record relating to a case or matter may be disseminated to an
actual or potential party or his attorney for the purpose of
negotiation or discussion on such matters as settlement of the case or
matter, plea bargaining, or informal discovery proceedings;
(f) 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, 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;
(g) A record relating to a person held in custody pending or during
arraignment, trial, sentence, or extradition proceedings, or after
conviction or after extradition proceedings, may be disseminated to a
Federal, state, local, or foreign prison, probation, parole, or pardon
authority, or to any other agency or individual concerned with the
maintenance, transportation, or release of such a person;
(h) 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;
(i) 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;
(j) A record may be disseminated to a Federal agency, in response to
its request, in connection with the hiring or retention of any
employee, the issuance of a 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) A record may be disseminated to the public, news media, trade
associations, or organized groups, when the purpose of the
dissemination is educational or informational, such as descriptions of
crime trends or distinctive or unique modus operandi: Provided that
the record does not contain any information identifiable to a specific
individual other than such modus operandi;
(l) A record may be disseminated to a foreign country through the
United States Department of State of directly to the representative of
such country, to the extent necessary to assist such country in
apprehending and/or returning a fugitive to a jurisdiction which seeks
his return;
(m) A record that contains classified national security information
and material may be disseminated to persons who are engaged in
historical research projects, or who have previously occupied policy
making positions to which they were appointed by the President, in a
accordance with the provisions codified in 28 CFR 17.96;
(n) A record relating to an actual or potential civil or criminal
violation of title 17, United States Code, may be disseminated to a
person injured by such violation to assist him in the institution or
maintenance of a suit brought under such title;
(o) Information permitted to be released to the news media and the
public pursuant to 28 CFR 50.2 may be made available 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;
(p) Information not otherwise required to be released pursuant to 5
U.S.C. 552 may be made available to a Member of Congress or staff
acting upon 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;
(q) A record may be disclosed as a routine use to the National
Archives and Records Administration in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906;
(r) A record may be accessed by volunteer student workers and students
working under a college work-study program, as is necessary to enable
them to perform their function;
(s) A record, or facts derived thereform, may be disseminated in a
proceeding before a court or adjudicative body before which the United
States Attorney's office or the Executive Office for U.S. Attorneys is
authorized to appear when i. the United States Attorney's office or
the Executive Office for U.S. Attorneys, or any subdivision thereof,
or ii. any employee of the United States Attorney's office or the
Executive Office for U.S. Attorneys in his or her official capacity,
or iii. any employee of the United States Attorney's office or the
Executive Office for U.S. Attorneys in his or her individual capacity
where the Department of Justice has agreed to represent the employee,
or iv. the United States, where the United States Attorney's office or
the Executive Office for U.S. Attorneys determines that the litigation
is likely to affect it or any of its subdivisions, is a party to
litigation or has an interest in litigation and such records are
determined by the United States Attorney's office or the Executive
Office for U.S. Attorneys to be arguably relevant to the litigation;
(t) A record, or facts derived thereform, may be disseminated in a
proceeding before a court or adjudicative body before which the United
States Attorney's Office is authorized to appear, when the United
States, or any agency or subdivision thereof, is a party to litigation
or has an interest in litigation and such records are determined by
the United States Attorney's Office to be arguably relevant to the
litigation;
(u) Records relating to an individual who owes an overdue debt to the
United States may be disseminated to (1) a Federal agency which
employs the individual to enable the employing agency to offset the
individual's salary, (2) a Federal, State, local or foreign agency, an
organization, including a consumer reporting agency, or individual to
elicit information to assist the United States Attorney in the
collection of the overdue debt, (3) a collection agency or private
counsel to enable them to collect the overdue debt, and (4) the
Internal Revenue Service (IRS) to enable that agency to offset the
individual's tax refund. Records provided to the IRS may be used in a
computer matching program to identify individuals who are entitled to
refunds against which such offset for overdue debts would be
appropriate; and
(v) Notice of disclosure under Subsection (b)(12) of the Privacy Act:
Records relating to individuals who owe a past-due debt to the United
States may be disseminated to consumer reporting agencies to encourage
payment of the past-due debt.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
All information except that specified in this paragraph, is recorded
on basic paper/cardboard material, and stored within manila file
folders, within metal file cabinets, electric file/card retrievers or
safes. Some material is recorded and stored on magnetic tape, card or
other data processing type storage matter for reproduction later into
conventional formats.
Retrievability:
Information is retrieved primarily by name of person, case number,
compliant number of court docket number. Information within this
system of records may be accessed by various U.S. Attorney's offices
and the Executive Office for United States Attorneys by means of
catho-ray tube terminals (CRTs).
Safeguards:
Information in the system is both confidential and non-confidential
and located in file cabinets in the United States Attorney offices.
Confidential materials are in locked file drawers and safes, and
nonconfidential materials are in unlocked file drawers. Offices are
locked during non-working hours and are secured by either Federal
Protective Service, United States Postal Service, or private building
by CRTs within various U.S. Attorney's offices and the Executive
Office for United States Attorneys requires user identification
numbers which are issued to authorized employees of the Department of
Justice.
Retention and disposal:
Case files involving no sentence, or sentences of ten years or less,
are destroyed ten years after case in closed. Case files involving
sentences of more than ten years are destroyed one year after the date
of termination of sentence. Both are in accordance with approved
retention and disposal schedules.
System manager(s) and address:
System manager for the system in each office is the Administrative
Office/Assistant, for the U.S. Attorney for each district (See
appendix).
Notification procedure:
Address inquiries to the System Manager for the judicial district in
which the case or matter is pending (See appendix).
Record access procedures: The major part of the information maintained
in this system is exempt from this requirement under 5 U.S.C.
552a(j)(2), (k)(1) and/or (k)(2). To the extent that this system is
not subject to exemption, it is subject to access. A determination
as to exemption shall be made at the time a request for access is
received. A request for access to a record from this system shall be
made in writing, with the envelope and the letter clearly marked
``Privacy Access Request''. Include in the request the name of the
individual involved, his birth date and place, or any other
identifying number or information which may be of assistance in
locating the record and the name of the case or matter involved, if
known. The requester will also provide his or her notarized
signature and a return address for transmitting the information.
Access requests will be directed to the System Manager (See
appendix).
Contesting record procedures:
The major part of the information maintained in this system is exempt
from this requirement under 5 U.S.C. 552a(j)(2), (k)(1) and/or (k)(2).
To the extent that this system is not subject to exemption, it is
subject to contest. A determination as to exemption shall be made at
the time a request for contest is received. Individuals desiring to
contest or amend information maintained in the system should direct
their request to the System Manager (See Appendix) stating clearly and
concisely what information is being contested, the reasons for
contesting it, and the proposed amendment to the information sought.
Record source categories:
Sources of information contained in this system include, but are not
limited to investigative reports of federal, state and local law
enforcement agencies; client agencies of the Department of Justice;
other non-Department of Justice investigative agencies; forensic
reports; statements of witnesses and parties; verbatim transcripts of
Grand Jury and court proceedings; data, memoranda and reports from the
Court and agencies thereof; and the work product of Assistant United
States Attorneys, Department of Justice attorneys and staff, and legal
assistants working on particular cases.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsection (c)(3)
and (4), (d), (e)(1), (2) and (3), (e)(4)(G) and (H), (e)(5) and (8),
and (g) of the Privacy Act pursuant to 5 U.S.C. 552a (j)(2) and (k)(1)
and (2). 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.
JUSTICE/USA-008
System name: Freedom of Information Act/Privacy Act Files.
System location:
Executive Office for United States Attorneys, U.S. Department of
Justice, 10th & Constitution Avenue, NW, Washington, DC 20530; U.S.
Attorney's Office for the District of Columbia, 555 4th St. NW,
Washington, DC 20001; Ninety-three United States Attorney's Offices
(see attached appendix).
Categories of individuals covered by the system:
(a) Individuals who write to the Executive Office for United States
Attorneys, its Director or a member of his staff, or a U.S. Attorney's
office.
(b) Individuals who write to the Attorney General or the Department of
Justice or the FOI/PA Unit and whose letter is referred to the
Executive Office for United States Attorneys.
(c) Individuals whose letter has been referred to the Executive Office
for United States Attorneys for a response by the FOI/PA Unit or
Appeals Unit.
Categories of records in the system:
The system includes the original correspondence received as well as
any response, referral letters or notes concerning the subject of the
request and copies of any enclosures. The system is arranged
alphabetically by the last name of the original requester.
Authority for maintenance of the system:
These records are kept for administrative convenience pursuant to 5
U.S.C. 301 and 44 U.S.C. 3101 and the provisions of the Freedom of
Information Act.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(a) Information from the responses may be provided to the referrer or
the original request of the requester. All other uses are internal
within the Department.
(b) Information permitted to be released to the news media and the
public pursuant to 28 CFR 50.2 may be made available from systems of
records maintained by the Department of Justice 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.
(c) Information contained in systems of records maintained by the
Department of Justice, not otherwise required to be released pursuant
to 5 U.S.C. 552, may be made available to a Member of Congress or
staff acting upon 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 and;
(d) A record from a system of records may be disclosed as a routine
use to the National Archives and Records Administration and to the
General Services Administration in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
The material is stored within manila file folders, within metal file
cabinets. Some material is recorded and stored on magnetic tape, card
or other data processing type storage matter for reproduction later
into conventional formats and for management information purposes.
Retrievability:
The system is indexed by name of the requester, arranged
alphabetically. Information may be accessed by means of cathode-ray
tube terminals (CRT's).
Safeguards:
The correspondence is maintained in a room which is occupied by office
personnel during the day and locked at night. Information that is
retrievable by CRT's within various U.S. Attorneys' offices and the
Executive Office for United States Attorneys requires user
identification numbers which are issued to authorized employees of the
Department of Justice.
Retention and disposal:
Records are maintained and disposed of in accordance with Department
retention plans.
System manager(s) and address:
Director, Executive Office for United States Attorneys, U.S.
Department of Justice, 10th & Constitution Avenue, NW, Washington, DC
20530; Chief, Civil Division, Office of the U.S. Attorney for the
District of Columbia, 555 4th St. NW, Washington, DC 20001.
Notification procedure:
Address inquiries to the System Managers listed above.
Record access procedures:
A request for access to a record from this system shall be made in
writing, with the envelope and the letter clearly marked ``Freedom of
Information'' or ``Privacy Access Request.'' Include in the request
the name and address as included in the original letter, together with
the current address if different, the date of the letter and to whom
it was addressed. Request should be directed to the system managers
listed above.
Contesting record procedures:
Any requests for correction should also be directed to the System
Managers and should indicate the exact correction required.
Record source categories:
Sources of information in this system are the actual letter received,
the response and any transmitted information and enclosures.
Systems exempted from certain provisions of the act:
Records secured from other systems of records have been exempted from
the provisions of the Privacy Act to the same extent as the systems of
records from which they were obtained. The Attorney General has also
exempted certain categories of records in this system from subsection
(c)(3), (d) of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). 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.
JUSTICE/USA-009
System name: Kline--District of Columbia and Maryland--Stock and
Land Fraud Interrelationship Filing System.
System location:
U.S. Attorney's Office, Judiciary Center Bldg., 555 4th Street, NW,
Washington, DC 20001.
Categories of individuals covered by the system:
The individuals on whom records are maintained in this system may be
broadly classified in three categories: (1) Those individuals who have
been charged with Federal and D.C. Code violations; (2) Those
individuals who are currently under investigation for violations of
Federal and D.C. Code; (3) Those individuals upon whom investigations
were conducted, but no prosecution was initiated. These include but
are not limited to possible witnesses, corporate entities, corporate
employees, business contacts, financial institutions and governmental
contacts.
Categories of records in the system:
The system contains an index record for individual names and types of
transactions with named individuals.
Authority for maintenance of the system:
5 U.S.C. 301, 28 U.S.C. 547, 23 D.C. Code 101(c).
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
agency, federal, state, local, or foreign, charged with the
responsibility of 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, if
there is reason to believe that such agency or individual possesses
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) Records or extracts thereof relating to a case or matter may be
disseminated to a defendant or his attorney or to the appropriate
federal, state, local, or foreign, court or grand jury in accordance
with established constitutional, substantive, or procedural law or
practice;
(4) A record relating to a case or matter may be disseminated to a
federal, state, or local administrative or regulatory proceeding or
hearing in accordance with the procedures governing such proceeding or
hearing;
(5) A record relating to a case of matter may be disseminated to an
actual or potential party or his attorney for the purpose of
negotiations or discussion on such matters as settlement of the case
or matter, plea bargaining, or informal discovery proceedings;
(6) A record relating to a case or matter that has been referred for
investigation may be disseminated to the referring agency to notify
such agency of the status of the case or matter or of any decision or
determination that has been made;
(7) A record relating to a person held pending arraignment, trial or
sentence, or after conviction, may be disseminated to a federal,
state, local, or foreign prison, probation, parole, bail or pardon
authority, or to any agency or individual concerned with the custody
maintenance, transportation, or release of such a person;
(8) 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;
(9) A record may be disseminated to a federal, state, local, or
foreign 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;
(10) A record may be disseminated to a federal agency, in response to
its request, in connection with the hiring or retention of an
employee, the issuance of a 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; and
(11) A record may be accessed by volunteer student workers and
students working under a college work-study program, as is necessary
to enable them to perform their function.
(12) Release of information to the news media: Information permitted
to be released to the news media and the public pursuant to 28 CFR
50.2 may be made available from systems of records maintained by the
Department of Justice 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.
(13) Release of information to Members of Congress. Information
contained in systems of records maintained by the Department of
Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available to a Member of Congress or staff acting
upon 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 and;
(14) Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to NARA and GSA in records management inspections conducted under
the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information maintained in the system is stored electronically in the
Department of Justice Juris System.
Retrievability:
Information is retrieved primarily by referencing the individuals'
names who participated in the business transactions.
Safeguards:
Information contained in this system is protected as though it was
classified as confidential. It is accessible only to holders of the
entry code: the only holders of the code are the U.S. Attorney's
Offices for the District of Columbia and Maryland.
Retention and disposal:
The records are to be retained for the period of usefulness as
determined by the U.S. Attorney's Office.
System manager(s) and address:
Chief, Fraud Division, U.S. Attorney's Office, Judiciary Center Bldg.
55 4th Street NW, Washington DC 20001.
Notification procedure:
All inquiries should be addressed to the System Manager.
Record access procedures:
The major part of the information maintained in this system is exempt
from this requirement under 5 U.S.C. 552a. (j)(2), (k)(l), and/or
(k)(2). To the extent that this system is not subject to exemption, it
is subject to access. A determination as to exemption shall be made at
the time a request for access is received. A request for success to a
record from this system shall be made in writting, with the envelope
and the letter clearly marked ``Privacy Access Request.'' Include in
the request the general subject matter of the document or its file
number. The requestor will also provide a return address for
transmitting the information. Access requests will be directed to the
System Manager listed above.
Contesting record procedures:
The major part of the information maintained in this system is exempt
from this requirement under 5 U.S.C. 552a(j)(2), (k)(1), and/or
(k)(2). To the extent that this system is not subject to exemption, it
is subject to contest. A determination as to exemption shall be made
at the time a request for contest is received. 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.
Record source categories:
Source of information contained in this system are individuals who
have cooperated with the U.S. Attorney's Office in the investigation
of criminal activity.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c)(3)
and (4), (d), (e)(1), (2) and (3), (e)(4)(G), and (H), (e)(5), and
(8), (f), (g), and (h) of the Privacy Act pursuant to 5 U.S.C.
552a(j)(2), and (k)(1) and (2). 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.
JUSTICE/USA-010
System name: Major Crimes Division Investigative Files.
System location:
U.S. Attorney's Office, Judiciary Center Bldg., 555 4th St., NW,
Washington, DC 20001.
Categories of individuals covered by the system:
The individuals on whom records are maintained in the Major Crimes
Division Investigative Files may be broadly classified in four
categories: (1) Those individuals who have been charged with Federal
and D.C Code violations; (2) those individuals who are currently under
investigation for violations of Federal and D.C. Code; (3) those
individuals upon whom investigations were conducted, but no
prosecution was initiated; and (4) other informants.
Categories of records in the system:
In addition to the standard files maintained in accordance with the
U.S. Attorney's Manual and the Department of Justice Docket and
Reporting System, there are also maintained in the Major Crimes
Division of this office certain investigative and intelligence files.
The type of information maintained is identifying data, criminal
records, intelligence compiled for the purpose of investigation of
criminal offenses, criminal investigative reports, informant
debriefing summaries, and information provided in confidence during
investigative and prosecutive states of criminal cases.
Authority for maintenance of the system:
5. U.S.C. 301, 28 U.S.C. 547.23 D.C. Code 101(c).
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
agency, federal, state local, or foreign, charged with the
responsibility of 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, if there is
reason to believe that such agency or individual possesses 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) Records or extracts thereof relating to a case or matter may be
disseminated to a defendant or his attorney or to the appropriate
federal, state, local or foreign, court or grand jury in accordance
with established constitutional, substantive, or procedural law or
practice;
(4) A record relating to a case or matter may be disseminated to a
federal, state, or local administrative or regulatory proceeding or
hearing in accordance with the procedures governing such proceeding or
hearing;
(5) A record relating to a case or matter may be disseminated to an
actual or potential party or his attorney for the purpose of
negotiation or discussion on such matters as settlement of the case or
matter, plea bargaining, or informal discovery proceedings;
(6) A record relating to a case or matter that has been referred for
investigation may be disseminated to the referring agency to notify
such agency of the status of the case or matter or of any decision or
determination that has been made;
(7) A record relating to a person held pending arraignment, trial or
sentence, or after conviction, may be disseminated to a federal,
state, local, or foreign prison, probation, parole, bail or pardon
authority, or to any agency or individual concerned with the custody
maintenance, transportation, or release of such a person;
(8) 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;
(9) A record may be disseminated to a federal, state, local, or
foreign 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;
(10) A record may be disseminated to a federal agency, in response to
its request, in connection with the hiring or retention of an
employee, the issuance of a 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; and
(11) A record may be accessed by volunteer student workers and
students working under a college work-study program, as is necessary
to enable them to perform their function.
(12) Release of information to the news media: Information permitted
to be released to the news media and the public pursuant to 28 CFR
50.2 may be made available from systems of records maintained by the
Department of Justice 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.
(13) Release of information to Members of Congress: Information
contained in systems of records maintained by the Department of
Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available to a Member of Congress or staff acting
upon 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 and;
(14) Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to NARA and GSA in records management inspections conducted under
the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
The information is maintained in memorandum form in file folders.
Retrievability:
Information is retrieved primarily by the name of a person, complaint
number, court docket number, FBI number, Metropolitan Police
Department identification number and District of Columbia Department
of Corrections number.
Safeguards:
Information contained in the system is both unclassified and
classified and is safeguarded and protected by being maintained in
tumbler locked file safes in the Major Crimes Division which is manned
during all times that it is open and at other times is locked. This
room is located in the U.S. Courthouse which is guarded by the Federal
Protective Service twenty four hours a day with roving patrols during
non-working hours.
Retention and disposal:
Files are retained and disposed of in accordance with Title 8, U.S.
Attorney's Manual, pages 70-77.
System manager(s) and address:
Chief, Major Crimes Division, U.S. Attorney's Office, Judiciary Center
Bldg., 555 4th Street, NW, Washington, DC 20001.
Notification procedure:
Address inquiries to the System Manager.
Record access procedures:
The major part of the information maintained in this system is exempt
from this requirement under 5 U.S.C. 552a(j)(2), (k)(1), and/or
(k)(2). To the extent that this system is not subject to exemption, it
is subject to access. A determination as to exemption shall be made at
the time a request for access is received. A request for access to a
record from this system shall be made in writing, with the envelope
and the letter clearly marked `Privacy Access Request.' Include in the
request the general subject matter of the document or its file number.
The requestor will also provide a return address for trnasmitting the
information. Access requests will be directed to the System Manger
listed above.
Contesting record procedures:
The major part of the information maintained in this system is exempt
from this requirement under 5 U.S.C. 552a(j)(2), (k)(1), and/or
(k)(2). To the extent that this system is not subject to exemption, it
is subject to contest. A determination as to exemption shall be made
at the time a request for contest is received. 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 amendments to the information sought.
Record source categories:
Sources of information contained in this system are investigative
reports of federal, state and local law enforcement agencies,
statement of witnesses, informants and parties, as well as verbatim
transcripts of grand jury proceedings and court proceedings, memoranda
and reports from the court and agencies thereof and the work product
of Assistant United States Attorneys and legal assistants working on
particular cases.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsection (c) (3)
and (4), (d), (e) (1), (2) and (3), (e)(4) (G) and (H), (e) (5) and
(8), (f), (g) and (h) of the Privacy Act pursuant to 5 U.S.C.
552a(j)(2) and (k) (1) and (2). 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.
JUSTICE/USA-011
System name: Prosecutor's Management Information System
(PROMIS).
System location:
U.S. Attorney's Office: Judiciary Center Bldg., 555 4th Street, NW,
Washington, DC 20001.
Categories of individuals covered by the system:
The individuals on whom records are maintained in PROMIS are as
follows: (1) Those individuals who have been charged with criminal
violations: (2) those individuals who are currently under
investigation for criminal violations: (3) those individuals upon whom
criminal investigations were conducted, but no prosecution was
initiated; and (4) the names and addresses of all witnesses and
arresting police officers.
Categories of records in the system:
The data in PROMIS fall into six major categories.
1. Information about the accused or defendant. This includes name,
alias, sex, race, date of birth, address, facts about prior arrest and
convictions, and employment status. If judged appropriate, additional
data could be added, such as information about alcohol or drug abuse.
Some of this information is used to rate the gravity of the case in
terms of the defendant's criminal history.
2. Information about the crime. The date, time, and place of the
crime; the number of persons involved in the crime; and a numerical
rating reflecting the gravity of the crime in terms of the amount and
degree of personal injury, property damage or loss, and intimidation.
3. Information about the arrest. The date, time, and place of the
arrest, the type of arrest and identity of the arresting officers.
4. Information about criminal charges. The charges originally placed
by the police against the arrestee the charges actually filed in court
against the defendant, the reasons for changes in the charges by the
prosecutor, the penal statute for the charge, the FBI Uniform Crime
Report Code for the charge, and the Project SEARCH Code for the
charge.
5. Information about court events. The dates of every court event in a
case from arraignment through motion hearing, continuance hearing,
final disposition, and sentencing; the names of the principals
involved in each event, including the defense and prosecution
attorneys and judge; the outcomes of the events and the reasons
therefor.
6. Information about witnesses. The names and addresses, the
prosecutor's assessment of whether the witnesses are essential to the
case, and any indications of reluctance to testify by the witnesses.
Authority for maintenance of the system:
5 U.S.C. 301, 28 U.S.C. 547, 23 D.C. Code 101(c).
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 by such records 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
agency federal, state, local, or foreign, charged with the
responsibility of 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, if
there is reason to believe that such agency or individual possesses
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) Records or extracts thereof relating to a case or matter may be
disseminated to a defendant or his attorney or to the appropriate
federal, state, local, or foreign, court or grand jury in accordance
with established constitutional, substantive, or procedural law or
practice;
(4) A record relating to a case or matter may be disseminated to a
federal, state, or local administrative or regulatory proceeding or
hearing in accordance with the procedures governing such proceeding or
hearing;
(5) A record relating to case or matter may be disseminated to an
actual or potential party or his attorney for the purpose of
negotiation or discussion on such matters as settlement of the case or
matter, plea bargaining, or informal discovery proceedings, or to the
Public Defender Service in connection with caseload management of
other purposes;
(6) A record relating to a case or matter that has been referred for
investigation may be disseminated to the referring agency to notify
such agency of the status of the case or matter or of any decision or
determination that has been made or to assist in eliciting additional
information;
(7) A record relating to a person held pending arraignment, trial or
sentence, or after conviction, may be disseminated to a federal,
state, local or foreign prison, probation, parole, bail or pardon
authority, or to any agency or individual concerned with the custody
maintenance, transportation, or release of such a person;
(8) 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;
(9) A record may be disseminated to a federal, state, local, or
foreign 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;
(10) A record may be disseminated to a federal agency, in response to
its request, in connection with the hiring or retention of an
employee, the issuance of a 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; and
(11) A record may be accessed by volunteer student workers and
students working under a college work-study program, as is necessary
to enable them to perform their function.
(12) This office utilizes it to track the workload of the criminal
court process from three separate vantage points. First, the workload
is tracked from the vantage point of the crime or criminal incident.
This is accomplished by including in PROMIS the complaint number which
the police department assigns to a reported crime. With this number,
prosecutors can follow the full history of the court actions arising
from the crime even though those actions may involve multiple
defendants, multiple cases, and multiple trials and dispositions.
(13) PROMIS tracks the court workload from the vantage point of the
accused or defendant. This is achieved by incorporating in PROMIS the
fingerprint-based number the police department assigns to the
individual following his or her arrest. This identfication number is
used again by the department if the same individual is subsequently
arrested. Through this number, prosecuting attorneys accumulate
criminal history files on offenders and note incidents of recidivism.
(14) PROMIS tracks from the vantage point of the court proceedings.
This is accomplished by including in PROMIS the docket number the
Court assigns to the case pending before it. With this number,
prosecutors trace the history of any formal criminal action from
arraignment through final disposition and sentencing, and account for
the separate fate of each count or charge.
The inclusion of these three numbers is significant. The numbers
provide a capability to track the criminal incident, the defendant, or
the court actions and provide the basis for the routine communication
among the various Federal, state, local, and foreign law enforcement
agencies.
(15) PROMIS generates, on a recurring basis, five categories of
reports: Misdemeanor calendars, felony calendars, case status reports,
workload reports, and special reports. These reports are prepared from
information contained in the data base both by persons employed by
this office, the Justice Department and persons under contract to the
Department for this purpose.
(16) Release of information to the news media: Information permitted
to be released to the news media and the public pursuant to 28 CFR
50.2 may be made available from systems of records maintained by the
Department of Justice unless it is determined that release of the
specific information in the context of the particular case would
constitute an unwarranted invasion of personal privacy.
(17) Release of information to Members of Congress. Information
contained in systems of records maintained by the Department of
Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available to a Member of Congress or staff acting
upon 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; and
(18) Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to NARA and GSA in records management inspections conducted under
the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
These records are stored on magnetic tapes and discs at the District
of Columbia Metropolitan Police Department Computer Center. Printouts
from the terminals are stored with case jackets. Status, calendars,
and statistical reports are stored in the files and offices of
supervisory attorneys.
Retrievability:
This system has an on-line data retrieval capability with respect to
certain information continued in the data base. These subsets of
information are retrieved on data display terminals which are located
at various work stations throughout the office. Certain of these
terminals have a printout capability. All information on these subsets
is a matter of public record. The system also has the capability for
the production of periodic reports. Both the periodic reports and the
on-line displays are utilized in accordance with the above listed
routine uses.
Safeguards:
The magnetic tapes and discs are maintained in a secure vault at the
Metropolitan Police Department Computer Center. In addition to the
physical security safeguards, there is a twenty-four hour patrol. The
data display terminals are located in semi-public areas of the office
(i.e., administrative work stations through which the public must pass
on official business). However, only trained operators may retrieve
the information, which is of public record. The terminals are not open
to the public after working hours.
Retention and disposal:
The files are retained and disposed of in accordance with Title 8,
U.S. Attorney's Manual, pages 70-77.
System manager(s) and address:
Administrative Assistant, United States Attorney, Judiciary Center
Bldg., 555 4th St. NW, Washington, DC 20001.
Notification procedure:
Address inquiries to the System Manager.
Record access procedures:
The major part of the information maintained in this system is exempt
from this requirement under 5 U.S.C. 552a(j)(2), (k)(1) and/or (j)(2).
To the extent that this system is not subject to exemption, it is
subject to access. A determination as to exemption shall be made at
the time a request for access is received. A request for access to a
record from this system shall be made in writing, with the envelope
and the letter clearly marked ``Privacy Access Request.'' Include in
the request the general subject matter of the document or its file
number. The requestor will also provide a return address for
transmitting the information. Access requests will be directed to the
System Manager listed above.
Contesting record procedures:
The major part of the information maintained in this system is exempt
from this requirement under 5 U.S.C. 552a(j)(2), (k)(1) and/or (k)(2).
To the extent that this system is not subject to exemption, it is
subject to contest. A determination as to exemption shall be made at
the time a request for contest is received. 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.
Record source categories:
About 80 percent of the data contained in PROMIS is obtained at the
intake and screening stage as the by-product of the case documentation
process. Carbon copies of various forms completed immediately before
or during the case screening stage serve as input documents for
PROMIS.
As a case moves through the subsequent proceedings, additional
information about its status is fed to PROMIS. This is achieved
through turnaround documents--forms generated by PROMIS in advance of
a court event--on which the results of a given processing (e.g.,
preliminary hearing, sentencing, etc.) are recorded and then entered
in PROMIS.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c) (3)
and (4), (d), (e) (1), (2) and (3), (e)(4) (G) and (H), (e) (5) and
(8), (f), (g) and (h) of the Privacy Act pursuant to 5 U.S.C.
552a(j)(2) and (k) (1) and (2). 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.
JUSTICE/USA-012
System name: Security Clearance Forms for Grand Jury Reports.
System location:
Ninety-four United States Attorney's Office (See attached Appendix).
Categories of individuals covered by the system:
Proposed Grand Jury Reporters.
Categories of records in the system:
Request for security clearance of grand jury reporter(s) employed by
the reporting firm under contract with the Justice Department; carbon
copy of ``PERSONNEL INFORMATION SHEET--Grand Jury Reporting'' on which
is listed name of proposed grand jury reporter, home address, date and
place of birth, and present business affiliation; and clearance or
denial of clearance for the proposed reported from the Department of
Justice.
Authority for maintenance of the system:
5 U.S.C. 301.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
All uses of this information are internal within the Department of
Justice.
Release of information to the news media:
Information permitted to be released to the news media and the public
pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the Department of Justice 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.
Release of information to members of congress:
Information contained in systems of records maintained by the
Department of Justice, not otherwise required to be released pursuant
to 5 U.S.C. 552, may be made available to a Member or Congress or
staff acting upon the Member's behalf when the Member of staff
requests the information on behalf of and at the request of the
individual who is the subject of the record.
Release of information to the National Archives and Records
Administration: A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) in records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Security clearance forms are kept alphabetically in file cabinets in
the Administrative Office.
Retrievability:
Security clearance forms on grand jury reports are retrievable from an
alphabetical filing system.
Safeguards:
Security clearance forms are maintained in the Administrative Division
in the District Court Building which is manned at all times during
working hours and at other times is locked.
Retention and disposal:
Security clearance forms are maintained for five years, at which time
they must be renewed. Upon receipt of renewed security clearance, old
forms are destroyed.
System manager(s) and address:
Ninety-four United States Attorneys Offices (See attached appendix).
Notification procedure:
Address inquiries to the System Manager.
Record access procedures:
A request for access to a record from this system shall be made in
writing, with the envelope and the letter clearly marked ``Privacy
Access Request.'' Include in the request the general subject matter of
the document. The requestor will also provide a return address for
transmitting the information. Access requests will be directed to the
System Manager listed above.
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.
Record source categories:
The source of the information contained in these files are the
reporter's request for security clearance personnel information sheet
and the clearance or denial of clearance.
Systems exempted from certain provisions of the act:
None.
JUSTICE/USA-013
System name: U.S. Attorney, District of Columbia Superior Court
Operations, Criminal Files, including but not limited to the
following subsystems: (a) Criminal File Folder (USA-S1), (b)
Criminal File Folder (USA-33), (c) Criminal Docket Card (USA-T7),
and (d) Index.
System location:
U.S. Attorney's Office, Judiciary Center Bldg., 555 4th St. NW,
Washington, DC 20001.
Categories of individuals covered by the system:
The individuals on whom records are maintained may be broadly
classified in three categories (1) Those individuals who have been
charged with criminal violations; (2) those individuals who are
currently under investigation for criminal violations; and (3) those
individuals upon whom criminal investigations were conducted, but no
prosecution was initiated.
Categories of records in the system:
This system of records, consisting of numbered Criminal File Folders,
(USA-S1 and USA-33), contains criminal investigative reports about
named individuals submitted to this office by federal, state, local
and foreign law enforcement agencies involved with the investigation
of suspected violations as well as by complaints made by private
parties. Those matters which become cases either by way of indictment
or information in addition to the data contained in the investigative
reports, also contain copies of indictments, informations, complaints,
and all pleadings submitted to the court in connection with the actual
prosecution of the case. These files also contain communications
between the Court and agencies thereof, and the United States
Attorney, and all correspondence relative to the case or matter. The
files further contain psychiatric, chemical and other forensic
reports, documentary evidence and the work product and internal
memoranda of the Assistant United States Attorney in charge of the
investigation compiled in preparation for the prosecution of each
case. In those cases which have gone through trial and appeal, the
file would further reflect transcripts of the trial, all pleadings and
correspondence between the attorneys and the Court of Appeals, and
copies of briefs submitted in the prosecution of the Appeal.
A synopsis record of a matter or case is maintained by means of a
criminal docket card (USA-T7), for all actions through sentencing. A
synopsis record of a case on appeal is maintained on an Appellate
Docket Card (USA-9X-199), Appellate Proceedings). All of these
subsystems comprise an internal cross-reference record keeping system
of the criminal business at the office. Through the medium of forms
and on-line data input, certain of this information is conveyed to a
computer center for inclusion in the Prosecutor's Management
Information System (a system which will be reported on separately),
from which status and statistical reports are issued and distributed
back to this office either in the form of computer printouts or on
data display terminals which contain much of the same information as
the files in different format.
Because of the number of diverse functions which must be performed
with respect to each case; and because of the large volume of cases
and because operations are conducted in three separate buildings,
there are a number of file folder locator mechanisms and cross
references utilized to constantly track a file folder when it is not
physically located in file control. These indexes or locators are
maintained in the form of `out cards,' log books index card files,
etc. They are referenced by name, number, and other identifiers. In
themselves, they are not separate systems of records, but indexes or
references to the primary system.
Authority for maintenance of the system:
5 U.S.C. 301.
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
agency, federal, state, local, or foreign, charged with the
responsibility of 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 trail 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, if
there is reason to believe that such agency or individual possesses
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) Records or extracts thereof relating to a case or matter may be
disseminated to a defendant or his attorney or to the appropriate
federal, state, local, or foreign, court or grand jury in accordance
with established constitutional, substantive, or procedural law or
practice;
(4) A record relating to a case or matter may be disseminated to a
federal, state, or local administrative or regulatory proceeding or
hearing in accordance with the procedures governing such proceeding or
hearing;
(5) A record relating to a case or matter may be disseminated to an
actual or potential party or his attorney for the purpose of
negotiation or discussion on such matters as settlement of the case or
matter, plea bargaining, or informal discovery proceedings;
(6) A record relating to a case or matter that has been referred for
investigation may be disseminated to the referring agency to notify
such agency of the status of the case or matter or of any decision or
determination that has been made or to assist in eliciting additional
information;
(7) A record relating to a person held pending arraignment, trial or
sentence, or after conviction, may be disseminated to a federal,
state, local, or foreign prison, probation, parole, bail or pardon
authority, or to any agency or individual concerned with the custody,
maintenance, transportation or release of such a person;
(8) 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;
(9) A record may be disseminated to a federal, state, local, or
foreign 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;
(10) A record may be disseminated to a federal agency, in response to
its request, in connection with the hiring or retention of employee,
the issuance of a 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; and
(11) A record may be assessed by volunteer student workers and
students working under a college work-study program, as is necessary
to enable them to perform their function;
(12) Release of information to the news media: Information permitted
to be released to the news media and the public pursuant to 28 CFR
50.2 may be made available for systems of records maintained by the
Department of Justice 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;
(13) Release of information to Members of Congress. Information
contained in systems of records maintained by the Department of
Justice, not otherwise required to be released pursuant to 5 U.S.C.
552, may be made available to a Member of Congress or staff acting
upon the Member's behalf when the Member or staff requests for
information on behalf of and at the request of the individual who is
the subject of the record; and
(14) Release of information to the National Archives and Records
Administration (NARA) and to the General Services Administration
(GSA): A record from a system of records may be disclosed as a routine
use to NARA and GSA in records management inspections conducted under
the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
The information in the various indexes is maintained on index cards,
log books, out cards, etc. The criminal files themselves are
maintained in criminal file folders (USA-S1 and USA-33). The synopsis
information is maintained on a Criminal Docket Card (USA-T7) and
Appellate Proceedings (USA-9X-199).
Retrievability:
Information is retrieved primarily by the name of a person, complaint
number, court docket number, FBI number, Metropolitan Police
Department identification number and District of Columbia Department
of Corrections number.
Safeguards:
Information contained in the system is both unclassified and
classified and is safeguarded and protected by being maintained in
filerooms which are manned during all times that they are open and at
other times are locked. These rooms are located in the Superior Court
for the District of Columbia, Buildings B and G which are guarded by
the federal protective service twenty-four hours a day with roving
patrols during non-working hours. Files which are not in the filerooms
but which are checked out to attorneys are maintained in locked
offices after working hours.
Retention and disposal:
The files are retained and disposed of in accordance with Title 8,
U.S. Attorney's Manual, pages 70-77.
System manager(s) and address:
Administrative Officer, U.S. Attorney's Office, Superior Court
Operations, 555 4th Street. NW, Washington, DC 20001.
Notification procedure:
Address inquiries to the System Manager.
Record access procedures:
The major part of the information maintained in this system is exempt
from this requirement under 5 U.S.C. 552a(j)(2), (k)(1) and/or (k)(2).
To the extent that this system is not subject to exemption, it is
subject to access. A determination as to exemption shall be made at
the time a request for access is received. A request for access to a
record from this system shall be made in writing, with the envelope
and the latter clearly marked ``Privacy Access Request.'' Include in
the request the general subject matter of the document or its file
number. The requester will also provide a return address for
transmitting the information. Access requests will be directed to the
System Manager listed above.
Contesting record procedures:
The major part of the information maintained in this system is exempt
from this requirement under 5 U.S.C. 552a(j)(2), (k)(1) and/or (k)(2).
To the extent that this system is not subject to exemption, it is
subject to contest. A determination as to exemption shall be made at
the time a request for contest is received. 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.
Record source categories:
Sources of information contained in this system include but are not
limited to investigative reports of federal, state and local law
enforcement agencies, forensic reports, statements of witnesses and
parties, as well as verbatim transcripts of grand jury proceedings and
court proceedings, memoranda and reports from the court and agencies
thereof and work product of Assistant United States Attorney and legal
assistants working on particular cases.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c) (3)
and (4), (d), (e) (1), (2) and (3), (e)(4) (G) and (H), (e) (5) and
(8), (f), (g), and (h) of the Privacy Act pursuant to 5 U.S.C.
552a(j)(2) and (k) (1) and (2). Rules have been promulgated in
accordance with the requirements of 5 U.S.C. 533 (b), (c) and (e) and
have been published in the Federal Register.
JUSTICE/USA-014
System name: Pre-Trial Diversion Program Files.
System location:
Ninety-four United States Attorneys' Offices (See attached appendix).
Categories of individuals covered by the system:
Individuals referred to in potential or actual pre-trial diversion
cases.
Categories of records in the system:
(a) USA Form 184--Referral letter to Probation Service; (b) USA Form
185--Letter to defendant; (c) USA Form 186--Agreement for Pre-Trial
Diversion; (d) USA Form 187--Pre-Trial Diversion Report Form; (e) USA
Form 188--Certification of Completion of Program; (f) USA Form 189--
Defendant Application Form; (g) Telephone Records; (h) Miscellaneous
Correspondence; and (i) Files Unique to a District.
Authority for maintenance of the system:
This system is established and maintained pursuant to 5 USC 301 and 44
USC 3101.
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:
(a) In any case in which there is an indication of a violation or
potential violation of law 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;
(b) In the course of investigating the potential or actual violation
of any law, 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 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;
(c) A record relating to a case or matter may be disseminated in an
appropriate Federal, state, local, or foreign court or grand jury
proceeding in accordance with established constitutional, substantive,
or procedural law or practice;
(d) A record relating to a case or matter may be disseminated to a
Federal, state, or local administrative or regulatory proceeding or
hearing in accordance with the procedures governing such proceeding or
hearing;
(e) A record relating to a case or matter be disseminated to an actual
or potential party or his attorney for the purpose of negotiation or
discussion on such matters as settlement of the case or matter, plea
bargaining, or informal discovery proceedings;
(f) 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, may be
disseminated to such agency to notify the agency of the status of the
case or matter 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;
(g) A record relating to a person held in custody pending or during
arraignment, trial, sentence, or extradition proceedings, or after
conviction or after extradition proceedings, may be disseminated to a
Federal, state, local, or foreign prison, probation, parole, or pardon
authority, or to any other agency or individual concerned with the
maintenance, transportation, or release of such a person;
(h) 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;
(i) 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
investigation leads to such agency;
(j) A record may be disseminated to a Federal agency, in response to
its request in connection with the hiring or retention of an employee,
the issuance of a 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) A record may be disseminated to the public, news media, trade
associations, or organized groups, when the purpose of the
dissemination is educational or information, such as descriptions of
crime trends or distinctive or unique modus operandi, provided that
the record does not contain any information identifiable to a specific
individual;
(l) 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
apprehending and/or returning a fugitive to a jurisdiction which seeks
his return;
(m) A record that contains classified national security information
and material may be disseminated to persons who are engaged in
historical research projects, or who have previously occupied policy
making positions to which they were appointed by the President, in
accordance with the provisions codified in 28 CFR 17.60; and
(n) A record may be accessed by volunteer student workers and students
working under a college work-study program, as is necessary to enable
them to perform their function.
Release of information to the National Archives and Records
Administration: A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) in records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
All information, except that specified in this paragraph, is recorded
on basic paper/cardboard material, and stored within manila file
folders, within metal file cabinets, electric file/card retrievers or
safes. Some material is recorded and stored on magnetic tape, card or
other data processing type storage matter for reproduction later into
conventional formats.
Retrievability:
Information is retrieved by the name of the person, case number or
complaint number.
Safeguards:
Information in the system is both confidential and nonconfidential and
located in file cabinets in the United States Attorney offices. Some
materials are located in locked file drawers and safes, and others in
unlocked file drawers. Offices are locked during nonworking hours and
are secured by either Federal Protective Service, United States Postal
Service, or private building guards.
Retention and disposal:
Records are maintained and disposed of in accordance with Department
of Justice retention plans.
System manager(s) and address:
System Manager for the system in each office is the Administrative
Officer/Assistant, for the U.S. Attorney for each district. (See
attached appendix.)
Notification procedure:
Address inquiries to the System Manager for the judicial district in
which the diversion application or approval was made. (See attached
appendix.)
Record access procedures:
The major part of the information maintained in this system is exempt
from this requirement under 5 U.S.C. 552a(j)(2), (k)(1) and/or (k)(2).
To the extent that this system is not subject to exemption, it is
subject to access. A determination as to exemption shall be made at
the time a request for access is received. A request for access to a
record from this system shall be made in writing, with the envelope
and the letter clearly marked ``Privacy Access Request.'' Include in
the request the name of the individual involved, his birth date and
place, or any other identifying number or information which may be of
assistance in locating the record and the name of the case or matter
involved, if known. The requester shall also provide a return address
for transmitting the information. Access requests will be directed to
the System Manager. (See attached appendix.)
Contesting record procedures:
The major part of the information maintained in this system is exempt
from this requirement under 5 U.S.C. 552a(j)(2), (k)(1) and/or (k)(2).
To the extent that this system is not subject to exemption, it is
subject to contest. A determination as to exemption shall be made at
the time a request for contest is received. Individuals desiring to
contest or amend information maintained in the system should direct
their request to the System Manager (see attached appendix) stating
clearly and concisely what information is being contested, the reasons
for contesting it, and the proposed amendment to the information
sought.
Record source categories:
Sources of information contained in this system include, but are not
limited to investigative reports of Federal, state and local law
enforcement agencies; client agencies of the Department of Justice;
other non-Department of Justice investigative agencies; forensic
reports; statements of witnesses and parties; verbatim transcripts of
Grand Jury and court proceedings; data; memoranda and reports from the
Court and agencies thereof; and the work product of Assistant United
States Attorneys, Department of Justice attorneys and staff, and legal
assistants working on particular cases.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c) (3)
and (4), (d), (e) (1), (2) and (3), (e)(4) (G) and (H), (e) (5) and
(8), (f), (g) and (h) of the Privacy Act pursuant to 5 U.S.C.
552a(j)(2) and (k) (1) and (2). 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.
JUSTICE/USA-015
System name: Debt Collection Enforcement System, JUSTICE/USA-
015.
System location:
Executive Office for United States Attorneys, U.S. Department of
Justice, 10th and Constitution Avenue NW, Washington, DC 20530; and 94
United States Attorney (USA) Offices (see Appendix of USA office
locations, JUSTICE/USA-999). In addition, not to exceed 15 of the 94
Federal judicial districts, are pilot districts from which contract
private counsel are/have been employed to assist USAs in debt
collection litigation. Ten of the judicial districts are named below;
the remaining five have not been identified.
Southern District of Texas, PO Box 61129, Houston, TX 77208
Southern District of Florida, Federal Justice Building, 99 NE 4th
Street, Miami, FL 33132
Eastern District of Michigan, Room 817, Federal Building, 231 W.
Lafayette, Detroit, MI 48226-2784
Northern District of California, 10th Floor, Claims & Judgment Unit;
450 Golden Gate Avenue, PO Box 36055, San Francisco, CA 94102
Middle District of Florida, room 400, Robert Timberlake Building,
500 Zack Street, Tampa, FL 33602
Eastern District of New York, U.S. Courthouse, 225 Cadman Plaza
East, Brooklyn, NY 11201
Central District of California, 312 N. Spring Street, room 446D, Los
Angeles, CA 90012-4701
District of New Jersey, room 502, Federal Building, 970 Broad
Street, Newark, NJ 07102-2506
Western District of Louisiana, Suite 2100, Louisiana Tower, 401
Edwards Street, Shreveport, LA 71101-6133
District of Columbia, Judiciary Center Building, 555 Fourth Street
NW., Washington, DC 20001
Categories of individuals covered by the system:
Persons indebted to the United States (1) who have allowed their debts
to become delinquent and whose delinquent debts have been assigned by
the Department's Justice Management Division (JMD) to a U.S. Attorney
(USA) or contract private counsel for settlement or enforced
collection through litigation, and/or (2) who have incurred debts
assessed by the court, e.g., fines or penalties, as a result of a
criminal proceeding.
Categories of records in the system:
This system of records contains records relating to the negotiation,
compromise, settlement, and litigation of debts owed the United
States. Records consist of a case file and automated and/or hard copy
support data.
The case file includes such documents as: The Claims Collection
Litigation Report; Certificate of Indebtedness; Satisfaction of
Judgment or Certificate of Discharge; court and related legal
documents such as judgments, orders, briefs, pleadings and settlement
agreements; status reports, and correspondence, and any other
documentation developed during the negotiation, compromise, settlement
and/or litigation of the debts.
The automated and/or hard copy support data contains information
extracted from the case file and any data generated or developed to
support the administrative operations of the debt collection program.
Information may include personal data, e.g., name, social security
number, date of birth, and locator information; claim information
e.g., type of claim such as benefit overpayment, loan default,
bankruptcy, etc.: Payment demand information, compromise offered,
etc.: account information, e.g., debtor payments including principal,
penalties, interests, and balances, etc.; information regarding
debtor's employment, ability to pay, property liens, etc.; value of
claim, name of source agency which provided the loan or benefit;
information on the status and disposition of cases at various
intervals of time; and any other information related to the
negotiation, compromise, settlement, or litigation of debts owed the
United States, or to the administrative management of the debt
collection program.
Authority for maintenance of the system:
31 U.S.C. 3711 and 3718, and 28 U.S.C. 3201.
Purpose(s):
Title 31 U.S.C. 3711 authorizes the Attorney General to conduct
litigation to collect delinquent debts due the United States; 31
U.S.C. 3718(b) authorizes the Attorney General to contract with
private counsel to assist the Department (specifically, the USAs) in
collecting consumer and commercial debts owed the United States on a
pilot basis; Chapter 176 of Title 28, United States Code (``Federal
Debt Collection Procedure''), authorizes the Attorney General to
obtain both prejudgment and postjudgment remedies against delinquent
debtors, and Section 3201(e) of that Chapter states that a judgment
against such a debtor creates a lien on all real property of the
debtor and renders that debtor ``ineligible'' for any grant or loan
made, insured, financed, or guaranteed by the Federal Government.
Accordingly, this system of records is maintained by the Executive
Office for U.S. Attorneys to cover records which are used by the 94
USAs, and/or private counsel in selected pilot districts where the
Department has contracted with private counsel, to perform legal
services such as the negotiation, settlement, litigation and
enforcement of debts owned the United States.\1\
---------------------------------------------------------------------------
\1\A separate but ancillary system of records entitled ``Debt
Collection Management System, Justice/JMD-006'' is maintained by JMD
to furnish automated litigation/administrative support to USAs and to
private counsel in pilot districts (and ultimately to provide,
seriatim, such support to all USAs), and to create an inventory of
debtor files in all 94 judicial districts. The inventory consists of
all debtor files referred by USAs and by client Federal agencies to
the Department (and subsequently referred/assigned by JMD to such
private counsel, and to USAs in the 94 judicial districts) for
enforced collection via litigation. The inventory enables the
Department to provide statistical data to the Congress and to the
Office of Management and Budget on debt collection as required by 31
U.S.C. 3718(c).
---------------------------------------------------------------------------
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In the course of its collection and enforcement activities, the
Department may release client Federal agency case files and any
related records or information created by the Department to contract
private counsel to negotiate, settle, and litigate debts owed the
United States.
In the course of its collection and enforcement activities, or during
the course of a trial or hearing or preparation for a trial or
hearing, the Department through contract private counsel in the pilot
judicial districts, or through its own USAs in all 94 judicial
districts, may disclose relevant records or information from this
system as follows:
(a) In any case in which there is an indication of a violation or
potential violation of law, civil or regulatory in nature--to the
appropriate Federal, State, local or foreign agency charged with the
responsibility of investigating, defending or pursuing such violation,
civil claim or remedy, or charged with enforcing, defending or
implementing such law.
(b) 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 relating to the
debt, the debtor's ability to pay, or relating to any other matter
which is relevant and necessary to the settlement, effective
litigation and enforced collection of the debt, or relating to the
civil action trial or hearing, and the disclosure is reasonably
necessary to elicit such information or to obtain the cooperation of a
witness or an agency.
(c) To an actual or potential party, or to 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.
(d) To client agencies who have referred debt collection cases to the
Department for settlement or litigation and enforced collection to
notify such agencies of the status of the case 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.
(e) To a Federal agency in response to its request and in connection
with hiring or retention of an employee, the issuance of the required
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.
(f) To volunteer student workers and students working under a college
work-study program as is necessary to enable them to perform their
duties.
(g) To employees or to contract personnel to access the records for
Privacy Act training purposes.
(h) In a proceeding before a court or adjudicative body before which
the Department or contract private counsel 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 Department or
contract private counsel to be arguably relevant to the litigation:
(1) The Department, or any subdivision thereof, or contract private
counsel, or (2) any employee of the Department or contract private
counsel in his or her official capacity or (3) any employee of the
Department or contract private counsel in his or her individual
capacity where the Department has agreed to represent the employee, or
(4) the United States, where the Department or contract private
counsel determines that the litigation is likely to affect the
Department or any of its subdivisions.
(i) In a proceeding before a court or adjudicative body before which
the Department or contract private counsel is authorized to appear,
when the United States, or any agency or subdivision thereof, is a
party to litigation or has an interest in litigation and such records
are determined by the Department or contract private counsel to be
arguably relevant to the litigation.
(j) To (1) any Federal agency which employs and/or pays pension,
annuity and/or other benefits to an individual who has been identified
as a delinquent debtor for the purpose of offsetting the individual's
salary, and/or pension, annuity or other benefit payment received from
that agency, when the Justice Department is responsible for the
enforced collection of a judgment or claim on behalf of the United
States against that person; and (2) a Federal, State, local or foreign
agency, an organization, or individual to elicit information to assist
the Department in the settlement or effective litigation and enforced
collection of the overdue debt.
(k) 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.
(l) To a Member of Congress or staff acting upon 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.
(m) To the National Archives and Records Administration and to the
General Services Administration in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
Disclosure to consumer reporting agencies:
Disclosure to consumer reporting agencies under subsection (b)(12) of
the Privacy Act: Disclosure to consumer reporting agencies in
accordance with section 3711(f) of Title 31 (as authorized under
subsection (b)(12) of the Privacy Act): Relevant records may be
disclosed to a consumer reporting agency as defined in the Fair Credit
Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection
Act of 1966 (31 U.S.C. 3701(a)(3)) where such information is directly
related to the identity of debtors and the history of claims contained
in this system of records and for the purpose of encouraging repayment
of overdue debts. Such disclosure may be made only when a claim is
overdue and only after due process steps have been taken to notify the
debtor and give him or her a chance to meet the terms of the debt.
Addresses of taxpayers obtained from the Department of the Treasury
may be disclosed to consumer reporting agencies only for the purpose
of allowing such agencies to prepare a commercial credit report on the
taxpayer for use by the Department. Prior to such disclosure,
satisfactory assurances will be obtained from such consumer reporting
agency concerning compliance by that agency with the Fair Credit
Reporting Act (15 U.S.C. 1681 et seq.) and any other Federal law
governing the provision of consumer credit information.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Case files and hard copy support data, i.e., index cards, are stored
in locked rooms; automated data is stored on magnetic tape.
Retrievability:
Data is retrieved by name of debtor.
Safeguards:
Access to records is restricted to those Department and contract
employees who must have access to perform their settlement or
litigation and enforced collection activities, and/or administrative
responsibilities. Case files are maintained separately in locked rooms
during non-duty hours. Access to automated data requires the use of
the proper password and user identification code. Access by contract
private counsel is restricted to those cases assigned.
Retention and disposal:
Case files which were assigned to private counsel during the pilot
program will remain in the physical custody of such counsel until the
debtor has paid his/her debt in full, the pilot program has expired,
or the debtor has ceased making payments. At such time, the case file
will be returned to the USA. Case files, together with any data which
has been extracted therefrom and included in the automated data base,
will be erased 10 years after close of litigation. Administrative
records in both hard copy and automated format will be destroyed six
years after the close of the Fiscal Year in which the records were
compiled.
System manager(s) and address:
System Manager is the Administrative Officer/Assistant for the USA in
each of the 94 judicial districts identified in the appendix of USA
office locations, JUSTICE/USA-999.
Notification procedure:
Address inquiries to the System Manager of the judicial district in
which collection efforts have been initiated. (See ``System
Locations.'')
Record access procedures:
Address requests for access to the System Manager of the judicial
district in which collection efforts have been initiated. (See
``System Locations.'') Clearly mark the envelope ``Privacy Access
Request.'' Include in the request the debtor's name, date of birth,
address, and any other identifying information which may be of
assistance in locating the record, e.g., name of the case or Federal
agency to whom the debtor is indebted. In addition, include notarized
signature of the debtor as well as the name and address of the
individual to receive the information if other than the debtor.
Contesting record procedures:
Address requests to the System Manager of the judicial district in
which collection efforts have been initiated. (See ``System
Locations.'') State clearly and concisely the information being
contested, the reasons for contesting it, and the proposed amendment
to the information.
Record source categories:
The individuals covered by the system; client agencies of the
Department to whom the individual is indebted; an attorney or other
representative for the debtor and/or payor; any Federal, State, local,
foreign, private organization or individual who may have information
relating to the debt, the debtor's ability to pay or any other
information relevant and necessary to assist in settlement or
effective litigation and enforced collection of the debt.
Systems exempted from certain provisions of the act:
None.
JUSTICE/USA-016
System name: Assistant United States Attorney Applicant Records
System.
System location:
Office of the Deputy Attorney General, United States Department of
Justice, 10th and Constitution Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system:
The system encompasses all applicants for Assistant United States
Attorney positions.
Categories of records in the system:
This system of records consists of records folders which may contain
up to a total of four sections. The personnel section contains records
such as resumes, letters of recommendation, law school grade
transcripts, completed Civil Service forms, and related personnel
matters. The character section contains completed or portions of
ongoing background investigations and matters related thereto. The
Congressional section contains Congressional and other political type
recommendations regarding appointment. The protest section contains
correspondence, if any exists, protesting the appointment of
applicants. Rarely does a personnel folder contain more than the
personnel and character sections.
Authority for maintenance of the system:
These records are maintained pursuant to 5 U.S.C. 301.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These records are used only by Department of Justice personnel for
recruitment purposes. However, the fact that the applicant was being
considered would be made known to the references supplied by the
applicant and others contacted. Information about the applicant, as
then known, might be supplied to contacted individuals as necessary to
verify already obtained information or to seek elaboration of that
information.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress: Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of information to the National Archives and Records
Administration: A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) in records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Release of information to civil or criminal law enforcement agencies:
Information may be disclosed to any civil or criminal law enforcement
agency, whether Federal, State, local, or foreign, which requires
information relevant to a civil or criminal investigation.
Release of information to agencies regarding the hiring or retention
of employees; Information may be disclosed to officials and employees
of the White House or any Federal agency which requires information
relevant to an agency decision concerning the hiring, appointment, or
retention of an employee: the issuance of a security clearance; the
execution of a security or suitability investigation; the
classification of a job; or the issuance of a grant or benefit.
Release of information to Federal, State, and local licensing
agencies: Information may be disclosed to Federal, State, and local
licensing agencies or association which require information concerning
the suitability or eligibility of an individual for a license or
permit.
Release of information before a court or adjudicative body:
Information may be disclosed in a proceeding before a court or
adjudicative body before which the Office of the Deputy Attorney
General (ODAG) is authorized to appear when (a) ODAG, or any
subdivision thereof or (b) any employee of ODAG in his or her official
capacity, or (c) any employee of ODAG in his or her individual
capacity where the Department of Justice has agreed to represent the
employee, or (d) the United States, where ODAG determines that the
litigation is likely to affect it or any of its subdivisions, is a
party to litigation or has an interest in litigation and such records
are determined by ODAG to be arguably relevant to the litigation.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
These records are stored in paper folders.
Retrievability:
Information is retrieved by use of the applicant's name, as the
folders are filed alphabetically by name.
Safeguards:
These records are maintained in cabinets stored in a locked room.
Retention and disposal:
These records are retained, in the case of applicants who are not
offered positions, for two years and then destroyed. If the applicant
is offered a position and accepts it, his folder is transferred to the
Appointed Assistant United States Attorney Personnel System and
retained as specified therein.
System manager(s) and address:
Associate Deputy Attorney General, Office of the Deputy Attorney
General, United States Department of Justice, 10th and Constitution
Avenue, NW, Washington, DC 20530.
Notification procedure:
Address all inquiries to the System Manager. These records will be
exempted from subsections (d)(1) and (e)(1) of section 552a, Title 5,
United States Code, by the Attorney General under the authority of 5
U.S.C. 552a(k)(5) to the extent therein permitted.
Record access procedures:
A request for access to non-exempt portions of records from this
system should clearly be directed orally or in writing to the
Associate Deputy Attorney General. When requests are in writing, the
envelope and letter should be marked ``Privacy Access Request.''
Contesting record procedures:
Individuals desiring to contest or amend information maintained in the
system should direct their request to the Associate Deputy Attorney
General, stating clearly and concisely what information is being
contested, the reasons for contesting it, and the proposed
amendment(s) to the information.
Record source categories:
Non-exempt sources of information contained in this system include the
individual, government agencies as appropriate, and interested third
parties.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (d)(1)
and (e)(1) of the Privacy Act pursuant to 5 U.S.C. 552a(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.
JUSTICE/USA-017
System name: Appointed Assistant United States Attorneys
Personnel System.
System location:
Office of the Deputy Attorney General, United States Department of
Justice, 10th and Constitution Avenue NW, Washington, DC 20530.
Categories of individuals covered by the system:
The system encompasses all Assistant United States Attorneys.
Categories of records in the system:
This system of records consists of records folders which may contain
up to a total of five sections. The personnel section contains
personnel records such as completed Civil Service forms, letters of
recommendation, law school grade transcripts, appointment letters,
appointment affidavits, bar affidavits, locator forms and personnel
action forms. The character section contains completed or portions of
ongoing background investigations and matters related thereto. The
Congressional section contains Congressional and other political type
recommendations regarding appointment. The protest section contains
correspondence, if any exists, protesting the appointment of
applicants. The complaint section contains correspondence from
individuals or groups complaining about office holders. Rarely does a
personnel folder contain more than the personnel and character
sections.
Authority for maintenance of the system:
These records are maintained pursuant to 5 U.S.C 301.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These records are used only by Department of Justice personnel.
Information contained in a folder may be used as the basis for
answering future inquires from other government agencies about a
former assistant's qualifications. The personnel section may be made
available to other federal agencies, at their request, upon the
transfer of the assistant to such an agency.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice unless it is determined that release of the specific
information in the context of a particular case would constitute and
unwarranted invasion of personal privacy.
Release of information to Members of Congress: Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to Member of Congress of staff acting upon 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.
Release of information to the National Archives and Records
Administration: A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) in records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Release of information to civil or criminal law enforcement agencies:
Information may be disclosed to any civil or criminal law enforcement
agency, whether Federal, State, local, or foreign, which requires
information relevant to a civil or criminal investigation.
Release of information to agencies regarding the hiring or retention
of employees: Information may be disclosed to officials and employees
of the White House or any Federal agency which requires information
relevant to an agency decision concerning the hiring, appointment, or
retention of an employee; the issuance of a security clearance; the
execution of a security or suitability investigation; the
classification of a job; or the issuance of a grant or benefit.
Release of information to Federal, State, and local licensing
agencies: Information may be disclosed to Federal, State, and local
licensing agencies or associations which require information
concerning the suitability or eligibility of an individual for a
license or permit.
Release of information before a court or adjudicative body:
Information may be disclosed in a proceeding before a court or
adjudicative body before which the Office of the Deputy Attorney
General (ODAG) is authorized to appear when (a) ODAG, or any
subdivision thereof, or (b) any employee of ODAG in his or her
official capacity, or (c) any employee of ODAG in his or her
individual capacity where the Department of Justice has agreed to
represent the employee, or (d) the United States, where ODAG
determines that the litigation is likely to affect it or any of its
subdivisions, is a party to litigation or has an interest in
litigation and such records are determined by ODAG to be arguably
relevant to the litigation.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
These records are stored in paper folders.
Retrievability:
Information is retrieved by use of the assistant's name, as the
folders are filed alphabetically by name.
Safeguards:
These records are maintained in cabinets stored in a locked room.
Retention and disposal:
These records are retained until the subjects of the files resign or
otherwise leave their offices for non-federal government employment.
In that instance, the personnel section is sent to the St. Louis
Records Center for an indefinite period. If the assistant transfers to
another agency of the federal government, the personnel section is
sent to the gaining agency. All other sections of the folder are
destroyed six months after the assistant leaves office.
System manager(s) and address:
Associate Deputy Attorney General, Office of the Deputy Attorney
General, United States Department of Justice, 10th and Constitution
Avenue, NW, Washington, DC 20530.
Notification procedure:
Address all inquiries to the System Manager. These records will be
exempted from subsections (d)(1) and (e)(1) of section 552a, Title 5,
United States Code, by the Attorney General under the authority of 5
U.S.C. 552a(k)(5) to the extent therein permitted.
Record access procedures:
A request for access to non-exempt portions of records from this
system should be directed orally or in writing to the System Manager.
When requests are in writing, the envelope and letter should clearly
be marked `Privacy Access Request.'
Contesting record procedures:
Individuals desiring to contest or amend information maintained in the
system should direct their request to the System Manager, stating
clearly and concisely what information is being contested, the reasons
for contesting it, and the proposed amendment(s) to the information.
Record source categories:
Sources of information contained in this system include the
individuals, government agencies as appropriate, and interested third
parties.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (d)(1)
and (e)(1) of the Privacy Act pursuant to 5 U.S.C. 552a(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.
JUSTICE/USA-999
System name: Appendix of United States Attorneys' office
locations: (Written requests for access to records in any of the
following U.S. Attorneys' offices except the District of Columbia
may be addressed to: FOIA/Privacy Unit, Patrick Henry Building,
601 D Street NW, room 6410, Washington, DC 20530.
Requests for access to records in the District of Columbia may be
addressed to: FOIA/Privacy, United States Attorney's Office for the
District of Columbia, Judiciary Center Building, 555 4th Street NW,
Washington, DC 20001.)
Systems are located as listed below:
ALABAMA
Northern District
200 Federal Bldg., 1800 5th Ave. N., Birmingham
35203
Middle District
PO Box 197, Montgomery 36101
Southern District
169 Dauphin St., Suite 200, Mobile 36602
ALASKA
222 W. 7th Ave., No. 9, Federal Bldg. & Courthouse,
Rm. C-253, Anchorage, 99513-7567
*Rm. 310, New Federal Bldg. & Courthouse, 101
12th Ave., Box 2, Fairbanks 99701
ARIZONA
4000 U.S. Courthouse, 230 N. First Ave., Phoenix
85025
*Suite 8310, 110 South Church Ave., Tucson 85701
ARKANSAS
Eastern District
PO Box 1229, Little Rock 72203
Western District
PO Box 1524, Fort Smith 72902
CALIFORNIA
Northern District
450 Golden Gate Ave., Box 36055, San Francisco 94102
*280 South First St., Rm. 371, San Jose 95113
Eastern District
3305 Federal Bldg., 650 Capitol Mall, Sacramento
95814
*4304 Federal Bldg., 1130 O St., Fresno 93721
Central District
312 N. Spring St., Los Angeles 90012
*751 West Santa Ana Blvd., Santa Ana 92701
Southern District
5-N-19 U.S. Courthouse, 940 Front St., San Diego
92189
COLORADO
Suite 1200, Federal Bldg., Drawer 3615, 1961 Stout
St., Denver 80294
CONNECTICUT
PO Box 1824, New Haven 06508
*250 Federal Bldg., 450 Main St., Hartford 06103
*309 Federal Building & Courthouse, 915 Lafayette
Blvd., Bridgeport 06603
DELAWARE
Manufacturer's Hanover Plaza, 1201 Suite 1100, PO
Box 2046, Wilmington 19899-2046
DISTRICT OF COLUMBIA
Judiciary Center Bldg. 555 4th St., NW, Washington,
DC 20001 (Information)
Superior Court Division (Information)
FLORIDA
Northern District
315 S. Calhoun St., Suite 510, Tallahassee, 32301
*114 East Gregory St., Pensacola 32501
*401 SE 1st Ave., Room 318, Gainesville, 32602
Middle District
Rm. 400 Robert Timberlake Bldg., 500 Zack Street,
Tampa 33602
*PO Box 600, Jacksonville 32201
*201 Federal Bldg., 80 N. Hughey Ave., Orlando 32801
*2000 Main St., The Barnett Centre, Suite 701,
Fort Myers, 33901
Southern District
155 South Miami Ave., Miami 33130
*Rm. 202B, 299 E. Broward Blvd., Fort Lauderdale
33301
*701 Clematis St., West Palm Beach 33401
*505 S. 2nd St., Suite 200, Ft. Pierce, 34950
GEORGIA
Northern District
Rm. 1800 Richard Russell Bldg., 75 Spring St. SW,
Atlanta 30335
Middle District
PO Box U, Macon 31202
Southern District
PO Box 8999, Savannah 31412
*PO Box 2017, Augusta 30903--All mail goes to
Savannah
GUAM
Suite 502-A, Pacific News Bldg., 238 Archbishop
Flores St., Agana 96910
*3rd Floor, Horiguchi Bldg., PO Box 377, Saipan, MP
96950
HAWAII
Rm. 6100, PJKK Federal Bldg., Box 50183, 300 Ala
Moana Blvd., Honolulu 96850
IDAHO
Rm. 328, Federal Bldg., Box 037, 550 W. Fort St.,
Boise 83724
ILLINOIS
Northern District
1500 South, Everett McKinley Dirksen Bldg., 219 S.
Dearborn St., Chicago 60604
*211 South Court St., Rockford 61101
Southern District
9 Executive Dr., Suite 300, Fairview Heights, 62208
Central District
PO Box 375, Springfield 62705
*Rm. 253, Federal Building, 100 NE Monroe St.,
Peoria 61602
*14 Towne Centre, 2 East Main St., Danville 61832
*211 19th St., Room 14, Rock Island 61201
INDIANA
Northern District
1001 Main St., Suite A, Dyer 46311
*3128 Federal Bldg., 1300 S. Harrison St., Fort
Wayne 46802
*MO-1 Federal Bldg., 204 S. Main St., South Bend
46601
Southern District
U.S. Courthouse, 5th Floor, 46 East Ohio St.,
Indianapolis 46204
IOWA
Northern District
425 2nd St., SE, Suite 950, The Center, Cedar Rapids
52401
*PO Box 3629, Sioux City 51102
Southern District
115 U.S. Courthouse, East 1st & Walnut Sts., Des
Moines 50309
KANSAS
1200 Epic Center, 301 N. Main, Wichita 67202-4812
*444 Quincy St., Topeka 66683
*412 Federal Bldg., 812 N. Seventh St., Kansas City
66101
KENTUCKY
Eastern District
110 W. Vine St., Suite 400, Lexington 40507
*PO Box 72, Covington 41012
Western District
Bank of Louisville Bldg., 510 W. Broadway, 10th
Floor, Louisville 40202
LOUISIANA
Eastern District
Hale Boggs Federal Bldg., Rm., 210, 501 Magazine
St., New Orleans 70130
Middle District
339 Florida St., 6th Floor, Baton Route 70801
Western District
401 Edwards St., Suite 2100, Shreveport 71101-6133
*600 Jefferson St., Suite 1000, Lafayette 70501-7206
MAINE
East Tower, 6th Floor, 100 Middle St. Plaza,
Portland 04101
99 Franklin St., Bangor 04401
MARYLAND
8th Floor, U.S. Courthouse, 101 W. Lombard St.,
Baltimore 21201
MASSACHUSETTS
1107 John W. McCormack Federal Bldg., USPO &
Courthouse, Boston 02109
*1550 Main Street, Rm. 533, U.S. Courthouse,
Springfield 01103
MICHIGAN
Eastern District
817 Federal Bldg., 231 W. Lafayette, Detroit 48226
*PO Box 26, 204 Federal Bldg., 1000 Washington St.,
Bay City 48707
*204 Federal Bldg., 600 Church St., Flint 48502
Western District
399 Federal Bldg., 110 Michigan St. NW, Gerald Ford
Fed. Bldg., Grand Rapids 49503
*D&N Bank of Marquette Bldg., PO Box 20, Marquette
29855
MINNESOTA
234 U.S. Courthouse, 110 South 4th St., Minneapolis
55401
*678 U.S. Courthouse, 316 N. Robert St., St. Paul
55101
MISSISSIPPI
Northern District
PO Drawer 886, Oxford 38655
Southern District
188 East Capitol St., Rm. 500, Jackson 39201
*PO Box 1417, Biloxi 39533
MISSOURI
Eastern District
401 U.S. Court & Custom House, 1114 Market St., St.
Louis 63101
*PO Box 2107, Cape Girardeau, 63702-2107
Western District
1201 Walnut, Suite 300, Kansas City 64106-2149
*Hammons Tower Suite 500, 901 St. Louis St.,
Springfield 65806-2511
MONTANA
PO Box 1478, Billings 59103
*167 Federal Bldg., 400 N. Main, Butte 59703
*PO Box 3447, Great Falls 59401
*Drawer 10031, Federal Bldg., 301 South Park Ave.,
Helena 59626
NEBRASKA
PO Box 1228, DTS, Omaha 68101-1228
*487 Federal Bldg., 100 Centennial Mall North,
Lincoln 68508
NEVADA
Box 16030, Las Vegas 89101
*Rm. 2-032, 300 Booth St., Reno 89509
NEW HAMPSHIRE
55 Pleasant Street Rm. 439, PO Box 480, Concord
03302-0480
NEW JERSEY
Federal Bldg., 970 Broad St., Room 502, Newark 07102
*402 East State St., Rm. 502, Trenton 08608
*PO Bldg., 401 Market St., Fifth Floor, Camden 08101
NEW MEXICO
PO Box 607, Albuquerque 87103
*U.S. Courthouse, 200 East Griggs St., Rm. E-108,
Las Cruces 88001
NEW YORK
Northern District
PO Box 7198, 100 South Clinton St., Syracuse 13261-
7198
* U.S. Courthouse & Post Office, Room 231, 445
Broadway, Albany 12207
*319 Federal Bldg., Binghamton 13901
Eastern District
U.S. Courthouse, 225 Cadman Plaza East, Brooklyn
11201
*825 East Gate Blvd., Garden City 11530
*300 Rabro Drive, Hauppauge 11788
Western District
502 U.S. Courthouse, 68 Court St., Buffalo 14202
*233 U.S. Courhouse, 100 State St., Rochester 14614
Southern District
One St. Andrews Plaza, New York 10007
*150 Grand St., 4th Floor, White Plains, NY 10601
NORTH CAROLINA
Eastern District
310 New Bern Ave., Suite 800, Raleigh 27601-1461
Middle District
PO Box 1858, Greensboro 27402
Western District
Rm. 306, U.S. Courthouse, 100 Otis St., Asheville
28801-2611 (all mail goes to Charlotte)
*Rm. 260, U.S. Courthouse, 401 W. Trade St.,
Charlotte 28202
NORTH DAKOTA
PO Box 2505, Fargo 58108
*PO Box 699, Bismarck 58502
OHIO
Northern District
1800 Bank One Center, 600 Superior Ave. East,
Cleveland 44114-2600
*208 Federal Bldg., 2 South Main St., Akron 44308
*307 U.S. Courthouse, 1716 Spielbusch Ave., Toledo
43624
Southern District
2 Nationwide Plaza, 280 N High St., 4th Floor,
Columbus 43215
*5th & Walnut Sts., 220 U.S. Post Office &
Courthouse, Cincinnatti 45202
PO Box 280, Mid City Station, Dayton 45402
OKLAHOMA
Northern District
3900 U.S. Courthouse, 333 W. Fourth St., Tulsa 74103
Eastern District
333 Federal Courthouse, 5th & Okmulgee, Muskogee
74401
Western District
Rm. 4434, U.S. Courthouse & Federal Office Bldg.,
Oklahoma City 73102
OREGON
888 SW 5th Ave., Suite 1000, Portland 97204-2024
*701 High St., Eugene 97401
PENNSYLVANIA
Eastern District
3310 U.S. Courthouse, Independence Mall West, 601
Market St., Philadelphia 19106
Middle District
PO Box 309, Scranton 18501-0309 (send USA mail to
Harrisburg)
*Suite 1162 Federal Bldg. 3rd & Walnut Sts., PO Box
11754 Harrisburg 17108
*Rm. 307, US Post Office Bldg., Lewisburg 17837
Western District
633 USPO & Courthouse, 7th Ave. & Grant St.,
Pittsburgh 15219
*Rm. 137, U.S. Courthouse & Federal Bldg., 617 State
St., Erie 16501
*Suite 224, 10 Traffic Bldg., 319 Washington Ave.,
Johnstown, 15901
PUERTO RICO
Federal Office Bldg., Rm. 452, Carlos E. Chardon
Ave., Hato Rey 00918
RHODE ISLAND
10 Dorrance St., 10th Floor, Providence 02903
SOUTH CAROLINA
1st Union Blvd., 1441 Main St., Suite 500, Columbia
29201
*PO Box 978, Charleston 29402
*PO Box 10067, Greenville 29603
*PO Box 1567, Florence 29503
SOUTH DAKOTA
PO Box 1073, Sioux Falls 57101
*PO Box 2893, Rapid City 57709
*326 Federal Bldg. & Courthouse, 225 S. Pierre St.,
Pierre 57501
*311 PO & Courthouse Bldg., 102 SE Fourth Ave.,
Aberdeen 57401
TENNESSEE
Eastern District
PO Box 872, Knoxville 37901
*1100 Market St., Suite 301, Chattanooga 37402
*104 \1/2\ W. Summer St., Greenville 37743
*208 Sunset Drive, Suite 509, Johnson City 37604
Middle District
110 9th Ave. S., Suite A961, Nashville 37203-3870
Western District
1026 Federal Office Bldg., 167 N. Main St., Memphis
38103
USPO & Courthouse Bldg., Rm. 308, 109 South
Highland, Jackson 38302
TEXAS
Northern District
Burnett Plaza, Suite 1700, 801 Cherry St., Ft. Worth
76102-6897
*Rm. 16G28, U.S. Federal Bldg. & Courthouse, 1100
Commerce St., Dallas 75242
*Rm. C-201, U.S. Federal Bldg. & Courthouse, 1205
Texas Ave., Lubbock 79401
PO Box 13236, Amarillo 79101-1559
Southern District
PO Box 61129, Houston 77208
*PO Box 886, Laredo 78042-0886
*PO Box 1671, Brownsville 78522
*Wilson Plaza, Suite 1400, 606 N. Carancahua, Corpus
Christi 78476
*Texas Commerce Bldg., 1701 West Highway 83, Suite
305, McAllen 78501-5159
Eastern District
350 Magnolia St., Suite 150, Beaumont 77701-2237
*110 N. College, Suite 600, Tyler 75702
*One Grand Centre, Suite 504, 1 Grand Ave., Sherman
75090
Western District
727 East Durango Blvd., Suite A-601, San Antonio
78206
*Rm. 353 U.S. Courthouse Bldg., 511 E. San Antonio
Ave., El Paso 79901
*816 Congress Ave., Suite 650, First City Centre,
Austin 78701
*U.S. Courthouse, 200 E. Wall St., Midland 79701
*700 University Parks Dr., Suite 770, Waco 76706
UTAH
U.S. Courthouse, Room 476, 350 South Main Street,
Salt Lake City 84101
VERMONT
PO Box 570, Burlington 05402
*PO Box 10, Rutland 05701
VIRGIN ISLANDS
PO Box 1440, Charlotte Amalie, St. Thomas 00804-1440
All Mail to This Office
*1108 King St., Suite 201, Christiansted, St. Croix
00820-4951
VIRGINIA
Eastern District
1101 King Street, Suite 502, Alexandria 22314
*Main Street Center, Suite 1800, 600 E. Main St.,
Richmond 23219
*World Trade Center, Suite 1800, 101 W Main St.,
Norfolk 23510
Western District
*PO Box 1709, Roanoke 24008
*PO Box 1098, Abingdon 24210
WASHINGTON
Eastern District
PO Box 1494, Spokane 99210-1494
*PO Box 1363, Yakima 98907-1363
Western District
3600 Seafirst 5th Ave. Plaza, 800 5th Ave., Seattle
98104
*Suite 400, 1201 Pacific Ave., Tacoma 98402
WEST VIRGINIA
Northern District
PO Box 591, Wheeling 26003
*PO Box 190, Elkins 26241
*PO Box 750, Clarksburg 26302
*U.S. Courthouse, Room 236, Martinsburg 25401
Southern District
PO Box 3234, Charleston 25332
*PO Box 1239, Huntington 25714
---------------------------------------------------------------------------
*Branch Office
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WISCONSIN
Eastern District
330 Federal Bldg., 517 E. Wisconsin Ave., Milwaukee
53202
Western District
600 West Washington Ave., PO Box 1585, Suite 200,
Madison 53703
WYOMING
PO Box 668, Cheyenne 82003
NORTH MARIANNA ISLANDS
c/o U.S. Attorney's Office, 6th Floor, Naura Bldg.,
PO Box 377, Saipan, CM 96950
UNITED STATES MARSHALL SERVICE
JUSTICE/USM-001
System name: U.S. Marshals Service Badge & Credentials File.
System location:
Property Management Division, U.S. Marshals Service, 600 Army Navy
Drive, Arlington, Virginia 22202-4210.
Categories of individuals covered by the system:
U.S. Marshals Service (USMS) Personnel.
Categories of records in the system:
Personnel data system established to control issuance of badges and
credentials to USMS personnel which contains photographs of all
employees and hand receipts showing the employee's name, title, duty
location, badge and credential numbers, and date of issuance.
Authority for maintenance of the system:
5 U.S.C. 301 and 44 U.S.C. 3101.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
This file serves as a record of issuance of credentials. Information
from this file may be disclosed (a) to various law enforcement
agencies, e.g., FBI, Secret Service, states, county and Municipal
police; (b) in a proceeding before a court or adjudicative body before
which the USMS 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 USMS to be arguably relevant to the litigation:
The USMS or any of its subdivisions; any USMS employee in his or her
official capacity, or in his or her individual capacity where the
Department of Justice agrees to represent the employee; or the United
States where the USMS determines that the litigation is likely to
affect it or any of its subdivisions; (c) 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 unwaranted invasion of personal privacy; (d) to a Member
of Congress or staff acting upon 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; (e) to the National
Archives and Records Administration and to the General Services
Administration in records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are kept in standard file folders.
Retrievability:
Indexed by name of individual and numerical order of badges and
credentials.
Safeguards:
Access restricted to personnel of the Property Management Division.
Records are maintained in metal filing cabinets which are locked
during non-duty hours.
Retention and disposal:
Records are kept for duration of employee's tenure in the Service.
System manager(s) and address:
Chief, Property Management Division, United States Marshals Service,
U.S. Department of Justice, 600 Army Navy Drive, Arlington, Virginia
22202-4210.
Notification procedure:
Same as System Manager.
Record access procedures:
A request for access to a record from this system shall be made in
writing with the envelope and the letter clearly marked ``Privacy
Access Request.'' It should clearly indicate name of requester, the
nature of the record sought and approximate dates covered by the
record. The requester shall also provide the required verification of
identity (28 CFR 16.41(d)) and provide a return address for
transmitting the information. Access requests will be directed to the
System Manager listed above, Attention: FOI/PA Officer.
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.
Record source categories:
Record of Notification of Employment by U.S. Marshals Service
Personnel Division.
Systems exempted from certain provisions of the act:
None.
JUSTICE/USM-002
System name: Internal Inspections System.
System location:
United States Marshals Service, Department of Justice, 600 Army Navy
Drive, Arlington, Virginia 22202-4210.
Categories of individuals covered by the system:
United States Marshals Service (USMS) employees.
Categories of records in the system:
The Internal Inspections System contains reports prepared by the
Office of Internal Inspections. United States Marshals Service on
findings of alleged misconduct of U.S. Marshals, Service employees.
Authority for maintenance of the system:
28 U.S.C. 509, 510 and 569; 5 U.S.C. 301; 44 U.S.C. 3101; and 28 CFR
0.111(n).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records of information may be disclosed (a) to U.S. Marshals Service
personnel in disciplinary proceedings against employees; (b) to the
extent that investigations reveal actual or potential violations of
criminal or civil laws, to other Federal law enforcement agencies for
further investigations; (c) in a proceeding before a Court or
adjudicative body before which the USMS 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 USMS to be arguably
relevant to the litigation: The USMS or any of its subdivisions; any
USMS employee in his or her official capacity, or in his or her
individual capacity, where the Department of Justice agrees to
represent the employee; or the United States where the USMS determines
that the litigation is likely to affect it or any of its subdivisions;
(d) 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; (e) to a Member of Congress or staff acting upon 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; (f) to the National Archives and Records Administration
and to the General Services Administration in records management
inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Originals stored in standard file folders.
Retrievability:
Information is retrieved by name of employee.
Safeguards:
Records are stored in locked safe.
Retention and disposal:
Records are retained for 24 months and then referred to Federal
Records Center.
System manager(s) and address:
Chief, Office of Internal Inspections, U.S. Marshals Service, U.S.
Department of Justice, 600 Army Navy Drive, Arlington, Virginia 22202-
4210.
Notification procedure:
Same as the System Manager.
Record access procedures:
To the extent that this system is not subject to exemption, it is
subject to access and contest. A determination as to exemption shall
be made at the time a request for access is received. A request for
access to a record from this system shall be made in writing, with the
envelope and the letter clearly marked ``Privacy Access Request.'' It
should clearly indicate name of the requestor, the nature of the
record sought and approximate dates covered by the record. The
requestor shall also provide the required verification of identity (28
CFR 16.41(d)) and provide a return address for transmitting the
information. Access requests will be directed to the System Manager
listed above. Attention: FOI/PA Officer.
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.
Record source categories:
Information derived from investigation of alleged malfeasance, by U.S.
Marshals Service Office of Internal Inspections.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c)(3)
and (4), (d), (e)(2) and (3), (e)(4) (G) and (H), (f) and (g) of the
Privacy Act pursuant to 5 U.S.C. 552a(k)(5). To the extent that
investigations reveal actual or potential criminal or civil
violations, this system is additionally exempt from subsection (e)(8)
of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2). 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.
JUSTICE/USM-003
System name: U.S. Marshals Service Prisoner Transportation
System.
System location:
Prisoner Transportation Division, U.S. Marshals Service (USMS),
Department of Justice, 911 Walnut Street, Kansas City, Missouri 64106.
Categories of individuals covered by the system:
Prisoners taken into custody of and transported by the U.S. Marshal.
Categories of records in the system:
Any and all information necessary to schedule and effect the safe and
efficient movement of prisoners for court appearances and service of
sentence. Information will include: (1) Requests for prisoner movement
generated by the U.S. Marshal having custody of the prisoner. These
requests include identifying information for each prisoner taken into
U.S. Marshal custody; the offense(s) for which the prisoner is charged
and the disposition of the charge(s); the process code defining the
purpose of the prisoner movement (e.g., judgment and commitment,
warrant of removal); names and information on other prisoners
scheduled for movement on the trip, including sensitive security data,
e.g., cautions to be considered in scheduling the prisoner for
movement and observed during the prisoner movement, such as informant
or protected witness status and location, or any special medical
requirements; jail location where the prisoner is housed; the final
destination for the prisoner; the deadline date for the prisoner
movement; and the security classification (and any information
relevant thereto) of the prisoner movement; (2) trip authorization
messages which include the trip itinerary, cost data, mode of travel,
names and grades of USMS personnel assigned to the trip, names of
prisoners transported, and access codes, data entry codes and message
routing symbols used in law enforcement communications systems to
schedule and effect prisoner movements; (3) trip completion reports;
(4) notifications to the U.S. Marshal regarding out-of-district
prisoners to be housed overnight within his or her district during
transit; and (5) reports of incidents, accidents, or illnesses during
transit.
Authority for maintenance of the system:
18 U.S.C. 3193, 3621, 3623, 4002, 4008, 5001; 28 U.S.C. 509, 510, 568,
569, 573; 5 U.S.C. 301; 44 U.S.C. 3101; and 28 CFR 0.111(j).
Purpose(s):
To manage the overall prisoner transportation program by coordinating
and effecting the movement of prisoners in custody of the USMS for
necessary court appearances or service of sentence.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Relevant records or information may be disclosed as a routine use:
(a) To other Federal, State and local law enforcement officials to
schedule and effect safe and efficient prisoner movements, e.g., to
make appropriate travel arrangements, to arrange for overnight housing
spaces for prisoners during transit, to coordinate medical and
security requirements for prisoner movements, and to otherwise ensure
the safe delivery of prisoners at the designated institution or U.S.
Marshal's office.
(b) 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.
(c) To a Member of Congress or staff acting upon the Member's behalf
where the Member or staff requests the information on behalf of and at
the request of the individual who is the subject of the record.
(d) To the National Archives and Records Administration (NARA) and to
the General Services Administration in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information is stored in standard file cabinets. Duplicate copies of
paper records are stored on magnetic discs.
Retrievability:
Information is retrieved by name of prisoner and number.
Safeguards:
Access restricted to Operations Personnel. File cabinets are locked
during non-duty hours. Access to automated records is protected by
user identification numbers and passwords.
Retention and disposal:
The USMS is reviewing a proposed disposition schedule for these
records. Upon approval by the USMS Records Management Officer and
NARA, this section of the notice will be revised to identify the
approved schedule.
System manager(s) and address:
Chief, Prisoner Transportation Division, United States Marshals
Service, U.S. Department of Justice, 911 Walnut Street, Kansas City,
Missouri 64106.
Notification procedure:
Same as System Manager.
Record access procedures:
A request for access to a record from this system shall be made in
writing, with the envelope and the letter clearly marked ``Privacy
Access Request.'' It should clearly indicate name of requester, the
nature of the record sought and approximate dates covered by the
record. The requestor shall also provide the required verification of
identity (28 CFR 16.41(d)) and provide a return address for
transmitting the information. Access requests will be directed to the
System Manager listed above, Attention: FOI/PA Officer.
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.
Record source categories:
Information contained in this system is obtained from each prisoner
taken into custody by the U.S. Marshal, court records, physicians, law
enforcement agencies, and informants.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsection (c) (3)
and (4), (d), (e)(1), (2), (5) and (g) of the Privacy Act pursuant to
5 U.S.C. 552a(j)(2). 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.
JUSTICE/USM-004
System name: Special Deputy File.
System location:
United States Marshals Service (USMS), Department of Justice, 600 Army
Navy Drive, Arlington, Virginia 22202-4210.
Categories of individuals covered by the system:
Special deputies, who are selected law enforcement officers or
employees of the U.S. Government.
Categories of records in the system:
Special Deputization file contains oath of office of persons utilized
as deputy marshals.
Authority for maintenance of the system:
28 CFR subpart T, section 0.112, 28 U.S.C. 562.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records or information may be disclosed :
(a) To Federal agencies for whom the Marshals Service has deputized
employees.
(b) In a proceeding before a Court or adjudicated body before which
the USMS 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 USMS to be arguably relevant to the litigation: The
USMS or any of its subdivisions; any USMS employee in his or her
official capacity, or in his or her individual capacity where the
Department of Justice agrees to represent the employee; or the United
States where the USMS determines that the litigation is likely to
affect it or any of its subdivisions.
(c) 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.
(d) To a Member of Congress or staff acting upon 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.
(e) To the National Archives and Records Administration and to the
General Services Administration in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are filed in standard file cabinets. Duplicate copies of paper
record are stored on magnetic discs.
Retrievability:
Files are indexed by name and by government department.
Safeguards:
Records are kept in a locked file.
Retention and disposal:
Records are retained indefinitely.
System manager(s) and address:
Deputy Director, U.S. Marshals Service, U.S. Department of Justice,
600 Army Navy Drive, Arlington, Virginia 22202-4210.
Notification procedure:
Address inquiries to: System Manager.
Record access procedures:
A request for access to a record from this system shall be made in
writing with the envelope and letter clearly marked ``Privacy Access
Request.'' The requestor shall also provide the required verification
of identity (28 CFR 16.41(d)) and provide a return address for
transmitting the information. Access requests will be directed to the
System Manager listed above, Attention: FOI/PA Officer.
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
reason for contesting it and the proposed amendment to the information
sought.
Record source categories:
Federal agencies requesting special deputations provide all necessary
information required by the Marshals Service in making the special
deputations.
Systems exempted from certain provisions of the act:
None.
JUSTICE/USM-005
System name: Special Detail System.
System location:
United States Marshals Service (USMS), Department of Justice, One
Tysons Corner Center, McLean, Virginia 22102. Each of the 94 district
offices maintain their own files.
Categories of individuals covered by the system:
Deputy United States Marshals.
Categories of records in the system:
Records maintained in this system include a compilation of deputies'
special assignments; e.g., civil disturbances, special trials, witness
security, process serving, etc.
Authority for maintenance of the system:
28 U.S.C. 509, 510, and 569; 5 U.S.C. 301; 44 U.S.C. 3101; and, 28 CFR
0.111 (a) through (g).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The Special Detail System provides background data on what details
were made; who went where, etc. This information may be used in Civil
Service Commission hearings and court cases involving the Marshals
Service or its personnel.
Records or information may be disclosed as a routine use in a
proceeding before a Court or adjudicative body before which the USMS
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 USMS to be arguably relevant to the litigation: The
USMS or any of its subdivisions; any USMS employee in his or her
official capacity, or in his or her individual capacity where the
Department of Justice agrees to represent the employee; or the United
States where the USMS determines that the litigation is likely to
affect it or any of its subdivisions.
Release of information to the news media:
Information permitted to be released to the news media and the public
pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the Department of Justice unless it is determined that
released of the specific information in the context of a particular
case would constitute an unwarranted invasion of personal privacy.
Release of Information to Members of Congress:
Information contained in systems of records maintained by the
Department of Justice, not otherwise required to be released pursuant
to 5 U.S.C. 552, may be made available to a Member of Congress or
staff acting upon 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.
Release of information to the National Archives and Records
Administration. A record from a system of records may be disclosed as
a routine use to the National Archives and Records Administration
(NARA) in records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are kept in standard file folders.
Retrievability:
Records are retrieved by name of deputy.
Safeguards:
Records are kept in a locked file cabinet.
Retention and disposal:
Dispose after 10 years; transfer to Federal Records Center after 3
years.
System manager(s) and address:
Chief, Office of Special Assignments, U.S. Marshal Service, U.S.
Department of Justice, One Tysons Corner Center, McLean, Virginia
22102.
Notification procedure:
Address inquiries to: System Manager.
Record access procedures:
A request for access to a record from this system shall be made in
writing with the envelope and the letter clearly marked ``Privacy
Access Request.'' It should clearly indicate name of the requestor,
the nature of the record sought and approximate dates covered by the
record. The requestor shall also provide a return address for
transmitting the information. Access requests will be directed to the
System Manager listed above.
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.
Record source categories:
Information provided by designated U.S. Marshals Service Personnel in
each district who work on special details.
Systems exempted from certain provisions of the act:
None.
JUSTICE/USM-006
System name: United States Marshals Service Training Files
(Justice/USM-006).
System location:
a. Primary system: Associate Director for Administration, U.S.
Marshals Service (USMS), 600 Army Navy Drive, Arlington, Virginia
22202-4210.
b. Decentralized segments: Individual training files and the Fitness
in Total (FIT) Program training assessment files, identified as items
(1) and (3) under ``Category of Records in the System,'' are located
also at the USMS Training Academy, Department of Justice, Building 70,
Glynco, Georgia 31524. Each district office of the USMS maintains FIT
files only on their respective participants in the FIT Program (See
appendix).
Categories of individuals covered by the system:
USMS employees.
Categories of records in the system:
(1) Individual training files contain information on the individual's
educational background and employee training history, and an
individual career development plan: (2) Skills files identify
languages and other special skills possessed by the individual USMS
employee: and (3) individual FIT Program training assessment files
contain records on physical and medical examinations, blood tests,
health histories, physical assessments, and administrative records on
participation, goal setting and progress while in the program. The
Certificate of Medical Examination (SF-78) is maintained in the
primary system at USMS Headquarters only unless obtained and placed in
the district file by the individual FIT participant.
Authority for maintenance of the system:
28 U.S.C. 509, 510 and 569; 5 U.S.C. 301; 44 U.S.C. 3101; and 28 CFR
0.111(h).
Purpose(s):
Individual training files are used to make employment, promotion, or
retention determinations for all Deputy U.S. Marshals; to develop
training histories; and to determine training and/or promotion
eligibility. In addition, FIT Program training assessment files are
used to make hiring/retention determinations for Deputy U.S. Marshal
personnel entering on duty as of July 1, 1984 and later; to determine
employees' eligibility to participate in the program; to tailor an
individual fitness program for each employee; to chart employee
progress in the program; to determine the need for and to chart
progress toward weight reduction; to develop physical fitness
standards for performance appraisal purposes; and to examine
statistically the physical fitness level of the USMS workforce against
law enforcement populations and the general population of the United
States. Skills files are used to identify special skills and language
abilities possessed by personnel to aid in staffing special
assignments which require such skills.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records or information may be disclosed as a routine use
(a) In a proceeding before a court or adjudicative body before which
the USMS 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 USMS to be arguably relevant to the litigation: The
USMS or any of its subdivisions; any USMS employee in his or her
official capacity, or in his or her individual capacity where the
Department of Justice agrees to represent the employee; or the United
States where the USMS determines that the litigation is likely to
affect it or any of its subdivisions.
(b) 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.
(c) To congressional members or staff on behalf of constitutents.
(d) To the National Archives and Records Administration and to the
General Services Administration in records management inspections
conducted under the authority of title 44 of the United States Code.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Originals of paper records contained in this system are kept in
standard file cabinets. Skills files, summaries of FIT Program
training assessment records, and duplicates of paper records are
stored on magnetic discs.
Retrievability:
Records are retrieved by name of employee.
Safeguards:
Records are maintained in metal filing cabinets which are locked
during nonduty hours. Entry to headquarters is restricted by 24-hour
guard service to employees with official and electronic
identification. Entry to the Training Academy and district offices is
restricted generally to trainees/employees with official
identification. Access to computerized records in this system is
restricted to the responsible headquarters employees by assigned code.
Retention and disposal:
Files are maintained until the employee leaves the USMS at which time
paper records are shredded and magnetic discs are erased.
System manager(s) and address:
The system manager is the Associate Director for Administration, U.S.
Marshals Service, 600 Army Navy Drive, Arlington, Virginia 22202-4210.
Notification procedure:
Direct inquires to the system manager identified above, Attention:
FOI/PA Officer. Clearly mark the letter and envelope ``Freedom of
Information/Privacy Act Request.''
Record access procedures:
Make all requests for access in writing and clearly mark letter and
envelope ``Freedom of Information Act/Privacy Act Request.'' Clearly
indicate name of the requester, nature of the record sought,
approximate dates of the records, and provide the required
verification of identity (28 CFR 16.41(d)). Direct all requests to the
system manager identified above, Attention; FOI/PA Officer, and
provide a return address for transmitting the information.
Contesting record procedures:
Direct all requests to contest or amend information to the system
manager listed above. State clearly and concisely the information
being contested, the reasons for contesting it, and the proposed
amendment to the information sought. Clearly mark the letter and
envelope ``Freedom of Information Act/Privacy Act Request.''
Record source categories:
Information contained in this system is collected from the individual,
training personnel, the Combined Federal Law Enforcement Training
Academy, examining physicians, fitness coordinators, and personnel
records.
Systems exempted from certain provisions of the act:
None.
JUSTICE/USM-007
System name: Warrant-Information System.
System location:
Primary System: Enforcement Operations Division, U.S. Marshals Service
(USMS), 600 Army Navy Drive, Arlington, Virginia 22202-4210.
Decentralized Segments: Each district office of the U.S. Marshals
Service (USMS) maintains their own files. See appendix.
Categories of individuals covered by the system:
Individuals for whom Federal warrants have been issued.
Categories of records in the system:
The warrant and other court records and internal correspondence
related to the warrant; biographical data including physical
description, photograph and criminal history; wanted flyers/posters
and investigative reports reflecting patterns of activity, leads
developed, statements of witnesses and other persons cooperating with
USMS fugitive investigations. Investigative reports and criminal
record information from other Federal, State, local and foreign law
enforcement agencies participating in or cooperating with USMS
fugitive investigations and apprehension efforts are also included in
this system.
Authority for maintenance of the system:
28 USC 509, 510 and 569; 28 CFR 0.111(a).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records of information may be disclosed (a) to public and private
organizations, individuals, and Federal, State, local, and foreign
agencies to the extent necessary to obtain information or cooperation
in USMS fugitive investigations and apprehension efforts; (b) upon
request, to the appropriate Federal, State, local, or foreign law
enforcement agency responsible for investigating, prosecuring,
enforcing, defending, or implementing a status, rule, regulation, or
order, to the extent that the information is relevant to the
recipient's function; (c) without a request, to an appropriate
Federal, State or local law enforcement agency where there is an
indication of an actual or potential violation of civil or criminal
laws, statutes, rules, or regulations within the jurisdiction of the
recipient agency; (d) in a proceeding before a court or adjudicative
body before which the USMS 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 USMS to be arguably relevant to
the litigation: The USMS or any of its subdivisions; any USMS employee
in his or her official capacity, or in his or her individual capacity
where the Department of Justice agrees to represent the employee; or
the United States where the USMS determines that the litigation is
likely to affect it or any of its subdivisions; (e) 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; (f)
to a Member of Congress of staff acting upon 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; (g) to the
National Archives and Records Administration and to the General
Services Administration in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are stored on Roladex Cards and in standard file folders.
Duplicate copies of paper records are stored on magnetic discs.
Retrievability:
Records are retrieved by individual names.
Safeguards:
Access is restricted to personnel in the Enforcement Operations
Division and in each district's U.S. Marshals office. Records are
maintained in metal file cabinets within supervised areas of the U.S.
Marshal's Offices. District Offices are locked during working and non-
duty hours and entry is restricted to employees with official
identification.
Retention and disposal:
Records are kept in operating file until warrant is executed and then
transferred to closed files, where they are indefinitely kept.
System manager(s) and address:
Chief, Enforcement Operations Division, U.S. Marshals Service, U.S.
Department of Justice, 600 Army Navy Drive, Arlington, Virginia 22202-
4210.
Record source categories:
Information is obtained from the courts, Federal, State, local and
foreign law enforcement agencies, public and private organizations,
witnesses, informants and other persons interviewed during the course
of the fugitive investigation.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsection (c)(3)
and (4), (d), (e) (1), (2) and (3), (e)(4) (G) and (H), (e)(5),
(e)(8), (f) and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j).
(2) 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.
JUSTICE/USM-008
System name: Witness Security Files Information System.
System location:
Witness Security Division, United States Marshals Service (USMS),
Department of Justice, 600 Army Navy Drive, Arlington, Virginia 22202-
4210.
Categories of individuals covered by the system:
Government witnesses who are participants in the Federal Witness
Security Program.
Categories of records in the system:
(1) Request to enter program; (2) background information (education,
experience, medical history, names, relatives, etc); (3) funding
information; (4) moving information; (5) documentation of all the
above.
Authority for maintenance of the system:
Authority for the Witness Security Program is 28 U.S.C. 509, 510 and
569; 5 U.S.C. 301; 44 U.S.C. 3101; 28 CFR 0.111(c); 28 U.S.C. 524; 18
U.S.C. 3521.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records may be used by U.S. Marshals Service personnel as working
files to plan and accomplish major functions of witness security e.g.
protection of government witnesses and their families. Records or
information may be disclosed as follows:
(a) In a proceeding before a Court or adjudicative body before which
the USMS 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 USMS to be arguably relevant to the litigation: The
USMS or any of its subdivisions; any USMS employee in his or her
official capacity, or in his or her individual capacity where the
Department of Justice agrees to represent the employee; or the United
States where the USMS determines that the litigation is likely to
affect it or any of its subdivisions.
(b) 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.
(c) To a Member of Congress or staff acting upon 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.
(d) The National Archives and Records Administration and to the
General Services Administration in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are kept in file folders.
Retrievability:
Filed according to ID special number.
Safeguards:
Locked files limited access--(Witness Security Personnel).
Retention and disposal:
All records at this time are being indefinitely maintained.
System manager(s) and address:
Chief Witness Security Division, U.S. Marshals Service, U.S.
Department of Justice, 600 Army Navy Drive, Arlington, Virginia 22202-
4210.
Record access procedures:
All identifying background criteria of individual; (1) education; (2)
job history; (3) medical history; (4) history of residence; (5)
relatives, etc.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c) (3)
and (4), (d), (e) (2) and (3), (e)(4) (G) and (H), (e)(8), (f)(2) and
(g) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2). 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.
JUSTICE/USM-009
System name: U.S. Marshals Service Threat Analysis Information
System.
System location:
Threat Analysis, Division, U.S. Marshals Service (USMS), 600 Army Navy
Drive, Arlington, Virginia 22202-4210.
Categories of individuals covered by the system:
Individuals who have directly threatened or pose a violent threat to
Government witnesses, U.S. Attorneys and their assistants, Federal
Jurists and other court officials, U.S. Marshals, deputies and other
law enforcement officers; to courtroom security; and to Federal
property and buildings.
Categories of records in the system:
Manual and automated indices contain abbreviated data, e.g., case
number, name, social security number, known aliases, address,
telephone number, descriptive physical data, an indication of the
means by which the threat was issued, and the date of the threat. In
addition to the abbreviated data named above, the complete file may
contain criminal record information--in particular, known history of
violence and skills related to the nature of the threat, associations
with dangerous/outlaw gangs or violent extremist groups; and threat-
related, investigative information furnished by other Federal, State
and local law enforcement agencies.
Authority for maintenance of the system:
28 U.S.C. 509, 510, and 569; 5 U.S.C. 301; 44 U.S.C. 3101; and 28 CFR
0.111(c) through (f).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
USMS officials responsible for conducting threat analysis and for
planning and carrying out security operations access this information.
Records or information may be disclosed:
(a) To other appropriate Federal, State and local law enforcement
agencies in connection with actual or potential violation of criminal
or civil laws, statutes, or regulations, or in conjunction with
investigative or litigative responsibilities of the recipient agency,
or to the extent that disclosure is necessary to obtain additional
threat-related information or to develop protective measures.
(b) To other law enforcement agencies to develop protective measures
where a specific threat is posed to their members; and to an
individual or organization where the recipient is or could become the
target of a specific threat.
(c) In a proceeding before a court or adjudicative body before which
the USMS 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 USMS to be arguably relevant to the litigation; the
USMS or any of its subdivisions; any USMS employee in his or her
official capacity or in his or her individual capacity where the
Department of Justice agrees to represent the employee; or the United
States where the USMS determines that the litigation is likely to
affect it or any of its subdivisions.
(d) 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.
(e) As is necessary to appropriately respond to congressional
inquiries on behalf of constituents.
(f) To the National Archives and Records Administration and to the
General Services Administration in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
An index record is stored on index cards and magnetic disks. Original
paper records are kept in file folders.
Retrievability:
Records are indexed and retrieved by name.
Safeguards:
Access to computerized records is restricted to Threat Analysis
Division personnel by assigned code. In addition, records are stored
in locked metal filing cabinets during off-duty hours. The records are
located in a restricted area and USMS Headquarters is under 24-hour
guard protection with entry controlled by official and electronic
identification.
Retention and disposal:
Records are maintained indefinitely until a detailed records retention
plan and disposal schedule is developed by NARA and the USMS.
System manager(s) and address:
Chief, Threat Analysis Division, U.S. Marshals Service, 600 Army Navy
Drive, Arlington, Virginia 22202-4210.
Notification procedure:
Direct all inquiries to the system manager identified above. Clearly
mark the letter and envelope ``Freedom of Information/Privacy Act
Request.''
Record access procedures:
Make all requests for access in writing and clearly mark letter and
envelope ``Freedom of Information/Privacy Act Request.'' Clearly
indicate name of the requester, nature of the record sought,
approximate date of the record, and provide the required verification
of identity (28 CFR 16.4(d)). Direct all requests to the system
manager identified above. Attention: FOI/PA Officer, and provide a
return address for transmitting the information.
Contesting record procedures:
Direct all requests to contest or amend information to the system
manager identified above. State clearly and concisely the information
being contested, the reason for contesting it, and the proposed
amendment to the information sought. Clearly mark the letter and
envelope ``Freedom of Information/Privacy Act Request.''
Record source categories:
Information is obtained from public and confidential sources and from
Federal, State and local law enforcement agencies.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c) (3)
and (4), (d), (e) (1), (2) and (3), (e)(4) (G) and (H), (e)(5),
(e)(8), (f) and (g) of the Privacy Act pursuant to 5 U.S.C.
552a(j)(2). 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.
JUSTICE/USM-010
System name: Judicial Facility Security Index System.
System location:
Court Security Division, U.S. Marshals Service, (USMS), 600 Army Navy
Drive, Arlington, Virginia 22202-4210.
Categories of individuals covered by the system:
Individuals employed, or offered employment as contract court security
officers (CSO's) by companies contracting with the USMS to provide
judicial area security in Federal courthouses.
Categories of records in the system:
An alphabetical index contains the name, date of birth and social
security number of the contracting security firm (employer),
completion dates and cost data for limited background investigation
and orientation, district of employment, dates contract performance
started and ended, posts and hours of duty and the status of
employment, i.e., active or inactive. For inactive CSO's; the index
contains the reason for inaction, e.g. CSO resigned; applicant
rejected based on the preliminary records check; CSO removed base of
Office of Personnel Management (OPM) background investigation; etc. In
addition to providing abbreviated data, the index assists in locating
records on the court security officer related to the initial screening
process for eligibility, e.g., application and preliminary checks for
arrest records, which are filed under the contract number and name of
the contracting security firm (employer). The index also assists in
locating files containing OPM reports on the limited background
investigation and internal suitability memoranda which are segregated
by the categories ``active'' and ``inactive.''
Authority for maintenance of the system:
28 U.S.C. 509, 510, and 569; 5 U.S.C. 301; 44 U.S.C. 3101 and 28 CFR
0.111 (c) through (f).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Contracting personnel and court security program officers within the
USMS use this system to make security/suitability determinations in
the hiring of contract court security officers, to monitor orientation
completed, to track costs related to background investigations and
attendance at Government-sponsored orientation, to monitor orientation
completed, and to monitor contractor performance. Records may be
disclosed as follows: Individual cost data may be disclosed to the
contractor (employer) in connection with billing and recovering
reimbursable costs. In addition, records or information also may be
disclosed as follows:
(a) To an appropriate Federal, State or local law enforcement agency
to the extent necessary to obtain information on arrests, or to the
extent relevant to an actual or potential, criminal or civil
investigation, litigation or enforcement proceedings of that agency.
(b) In a proceeding before a court or adjudicative body before which
the USMS 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 USMS to be arguably relevant to the litigation: The
USMS or any of its subdivisions; any USMS employee in his or her
official capacity or in his or her individual capacity where the
Department of Justice agrees to represent the employee; or the United
States where the USMS determines that the litigation is likely to
affect it or any of its subdivisions.
(c) 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.
(d) To congressional members or staff on behalf of constituents.
(e) To the National Archives and Records Administration and to the
General Services Administration in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
An index record is stored on magnetic disks and original paper records
are kept in file folders.
Retrievability:
Records are retrieved by name of the contract court security officer.
Safeguards:
Records are stored in locked metal filing cabinets during off-duty
hours. Access to computerized records is controlled by restricted code
to personnel on a need-to-know basis. Entry to USMS Headquarters is
restricted by 24-hour guard service to employees with official and
electronic identification.
Retention and disposal:
Records are maintained indefinitely until a detailed records retention
plan and disposal schedule is developed by the NARA and the USMS.
System manager(s) and address:
Chief, Court Security Division, U.S. Marshals Service, 600 Army Navy
Drive, Arlington, Virginia.
Notification procedure:
Direct all inquiries to the system manager identified above. Clearly
mark the letter and envelope ``Freedom of Information/Privacy Act
Request.''
Record access procedures:
Make all requests for access in writing and clearly mark letter and
envelope ``Freedom of Information/Privacy Act Request.'' Clearly
indicate name of the requester, nature of the record sought,
approximate dates of the record, and provide the required verification
of identity (28 CFR 16.41(d)). Direct all requests to the system
manager identified above. Attention: FOI/PA Officer, and provide a
return address for transmitting the information.
Contesting record procedures:
Direct all requests to contest or amend information to the system
manager listed above. State clearly and concisely the information
being contested, the reasons for contesting it, and the proposed
amendment to the information sought. Clearly mark the letter and
envelope ``Freedom of Information/Privacy Act Request.''
Record source categories:
Information contained in this system is collected from the individual,
USMS orientation records, other law enforcement agencies, OPM, and
from the contractor (employer).
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c)(3)
and (d) of the Privacy Act pursuant to 5 U.S.C. 552a(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.
JUSTICE/USM-011
System name: Judicial Protection Information System.
System location:
Court Security Division, U.S. Marshals Service, (USMS), 600 Army Navy
Drive, Arlington, Virgina 22202-4210.
Categories of individuals covered by the system:
Individuals who have been directly threatened or are subject to
violent threat by virtue of their responsibilities within the judicial
system, e.g., U.S. Attorneys and their assistants, Federal jurists and
other court officials.
Categories of records in the system:
Manual and automated indices contain abbreviated data, e.g., case
number, name of protectee, name of control district and district
number, an indication of the type and source of threat, and the means
by which the threat was made. In addition to the abbreviated data
named above, the complete file may contain descriptive physical data
of the protectee, and other information to identify security risks and
plan protective measures in advance of or during periods of active
protection, e.g., individual practices and routines, including
associational memberships. Information regarding the expenditure of
funds and allocation of resources assigned to the protectee may also
be included in the file to enable officials to develop operating plans
to counteract threat situations.
Authority for maintenance of the system:
28 U.S.C. 509, 510 and 569; 5 U.S.C. 301; 44 U.S.C. 3101; and 28 CFR
0.111(c) through (f).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records or information may be disclosed:
(a) To USMS officials responsible for planning and carrying out
security operations.
(b) To other Federal, State and local law enforcement agencies to the
extent that disclosure is necessary to develop and/or implement
protective measures.
(c) In a proceeding before a court or adjudicative body before which
the USMS is authorized to appear when any of the following in a party
to litigation and such records are determined by the USMS to be
arguably relevant to the litigation: The USMS or any of its
subdivisions; any USMS employee in his or her official capacity or in
his or her individual capacity where the Department of Justice agrees
to represent the employee; or the United States where the USMS
determines that the litigation is likely to affect it or any of its
subdivisions.
(d) 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 invastion of
personal privacy.
(e) Congressional members or staff on behalf of constituents.
(f) To the National Archives and Records Administration and to the
General Services Administration in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
An index record is stored on index cards and magnetic tape. Original
paper records are kept in file folders.
Retrievability:
Records are indexed and retrieved by name of protectee.
Safeguards:
Access to computerized records is restricted to Court Security
Division personnel by assigned user code and password. In addition,
records are stored in locked metal cabinets during off-duty hours. The
records are located in a restricted area, and USMS Headquarters is
under 24-hour guard protection with entry controlled by official and
electronic identification.
Retention and disposal:
Records are maintained indefinitely until a detailed records retention
plan and disposal schedule is developed by NARA and the USMA.
System manager(s) and address:
Chief, Court Security Division, U.S. Marshals Service, 600 Army Navy
Drive, Arlington, Virginia 22202-4210.
Notification procedure:
Direct all inquiries to the system manager identified above. Clearly
mark the letter and envelope ``Freedom of Information/Privacy Act
Request.''
Record access procedures:
Make all requests for access in writing and clearly mark letter and
envelope ``Freedom of Information/Privacy Act Request.'' Clearly
indicate name of the requester, nature of the record sought,
approximate dates of the record, and provide the required verification
of identity (28 CFR 16.41(d)). Direct all requests to the system
manager identified above, Attention: FOI/PA Officer, and provide a
return address for transmitting the information.
Contesting record procedures:
Direct all requests to contest or amend information to the system
manager identified above. State clearly and concisely the information
being contested, the reason for contesting it, and the proposed
amendment to the information sought. Clearly mark the letter and
envelope ``Freedom of Information/Privacy Act Request.''
Record source categories:
Information is obtained from individual protectees. Where information
is maintained in this system on identified threat sources to a
particular protectee, such information is obtained from public and
confidential sources and from Federal, State and local law enforcement
agencies, and is not retrievable by name or other identifying
particular assigned to the threat source.
Systems exempted from certain provisions of the act:
None.
JUSTICE/USM-012
System name: U.S. Marshals Service Freedom of Information Act/
Privacy Act (FOIA/PA) Files.
System location:
Office of Legal Counsel, U.S. Marshals Service, 600 Army Drive,
Arlington, Virginia 22202-4210.
Categories of individuals covered by the system:
Individuals who request disclosure of U.S. Marshals Service (USMS)
records pursuant to the Freedom of Informations Act (FOIA);
individuals who request access to or correction of records maintained
in USMS systems of records pursuant to the Privacy Act (PA); and
individuals whose FOIA or PA requests have been referred to the USMS
by another Department of Justice component or another agency.
Categories of records in the system:
Alphabetical and chronological indices are maintained to aid in the
orderly processing of requests and to compile statistical data for
annual reports. Indices include such data items as the name and
address of the requester; the type of requests; dates on which the
request was received, acknowledged and answered; type or final
responses; and exemptions used to deny access to records, when
applicable. Identifying data, i.e., date and place of birth and social
security number, is maintained on PA requesters to verify their
identity and ensure proper disclosure. Files contain a record of the
FOIA/PA request, along with the response, copies of documents which
have been requested, and internal memoranda or other records related
to the initial processing of such request, subsequent appeals and/or
litigation.
Authority for maintenance of the system:
5 U.S.C. 301 and 44 U.S.C. 3101 to implement the provisions of 5
U.S.C. 552 and 5 U.S.C. 552a.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
A record maintained in this system may be disseminated as a routine
use:
(a) To any Department of Justice component for consideration in
connection with an FOIA or PA request, appeal, or civil suit pursuant
to the Acts,
(b) To a Federal, State or local agency which furnished the record to
permit that agency to make a decision as to access or correction, or
to consult with that agency to enable the USMS to determine the
propriety access or correction.
(c) In a proceeding before a court or adjudicative body before which
the USMS 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 USMS to be arguably relevant to the litigation: The
USMS or any of its subdivisions; any USMS employee in his or her
official capacity or in his or her individual capacity where the
Department of Justice agrees to represent the employee; or the United
States where the USMS determines that the litigation is likely to
affect it or any of its subdivisions. In addition, records or
information which is relevant to the subject matter involved in a
pending judicial or administrative proceeding may be disclosed in
response to a request for discovery or for appearance of a witness.
(d) To the news media and the public pursuant to 28 CFR 50.2 unless it
is determined that release of specific information in the context of a
particular case would constitute an unwarranted invasion of personal
privacy.
(e) To congressional members or staff on behalf of constituents.
(f) To the National Archives and Records Administration and to the
General Services Administration in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Index cards are stored in standard card file boxes. Requests files are
stored in standard cabinets. Duplicate copies of paper records are
maintained on magnetic discs.
Retrievability:
Records are retrieved by name of requester.
Safeguards:
Access to computerized records is restricted to Office of Legal
Counsel personnel. In addition, request files are stored in locked
metal filing cabinets within the Office of Legal Counsel, USMS
headquarters, during off-duty hours. Access to USMS headquarters is
controlled by 24-hour guard service.
Retention and disposal:
Records are destroyed 6 years after final response or appeal
determination by the Department of Justice. Office of Information and
Privacy; or 3 years after final adjudication by the courts.
System manager(s) and address:
General Counsel, Office of Legal Counsels, U.S. Marshals Service, 600
Army Navy Drive, Arlington, Virginia 22202-4210.
Notification procedure:
Address inquiries to the system manager identified above. Attention:
FOIA/PA Officer. Clearly mark the letter and envelope ``Freedom of
Information Act/Privacy Act Request.''
Record access procedures:
Make all requests for access in writing and clearly mark letter and
envelope ``Freedom of Information/Privacy Act Request.'' Clearly
indicate name of the requester, nature of the record sought,
approximate dates of the record, and provide the required verification
of identity (28 CFR 16.41(d)). Direct all requests to the system
manager identified above. Attention FOI/PA Officer, and provide a
return address for transmitting the information.
Contesting record procedures:
Direct all requests to contest or amend information to the system
manager listed above. State clearly and concisely what information is
being contested, the reasons for contesting it, and the proposed
amendment to the information sought. Clearly mark the letter and
envelope ``Freedom of Information Act/Privacy Act Request.''
Record source categories:
The sources of information contained in this system are the
individuals making requests, the systems of records searched in the
process of responding to requests and other agencies who have referred
to the USMS those requests for access to or correction of USMS
records.
Systems exempted from certain provisions of the act:
The Attorney General has exempted certain categories of records in
this system from subsections (c)(3) and (4); (d); (e)(1), (2) and (3);
(e)(4) (G) and (H); (e)(5); (e)(8); (f) and (g) of the Privacy Act
pursuant to 5 U.S.C. 552a (j)(2), (k)(2) and (k)(5). The system is
exempted pursuant to subsections (j)(2) and (k)(2) only to the extent
that the records there reflect criminal and civil law enforcement and
investigative information. The system is exempted pursuant to
subsection (k)(5) only to the extent necessary to protect confidential
sources. 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.
JUSTICE/USM-013
System name: U.S. Marshals Service Administrative Proceedings,
Claims and Civil Litigation Files.
System location:
Office of Legal Counsel, U.S. Marshals Service (USMS), 600 Army Navy
Drive, Arlington, Virginia 22202-4210.
Categories of individuals covered by the system:
Individuals who have filed tort and employee claims against the USMS;
individuals who have initiated administrative proceedings against the
USMS; individuals who have filed civil suits naming the USMS and/or
personnel as defendants, including those suits arising from authorized
criminal law enforcement activities; and individuals named as
defendants in Federal Court actions initiated by the USMS.
Categories of records in the system:
In addition to the names of individuals covered by the system and the
titles of cases, index cards contain certain summary data, e.g.; a
summary of correspondence and pleadings received in a case, names of
parties involved; name of attorney handling the case or matter, court
in which action is brought, civil action number, and an indication of
whether the case is open or closed, thereby facilitating location of
the complete file. Cases or matters include adverse actions,
grievances, unfair labor practice charges, tort claims, Equal
Employment Opportunity and other employee claims, and suits against
USMS employees in their official capacities, etc. Files contain
correspondence/claim forms submitted by claimants and internal reports
and related documents concerning the merits of the claim, attorney or
staff recommendations and findings related to claim; records on
actions taken by USMS giving rise to appeals, attorney notes,
recommendations and strategy for defending appeals; copies of civil
actions filed and criminal investigative records related to the action
e.g., criminal investigative reports relating the underlying criminal
matter which relates to or constitutes the basis of the claim or suit
(including those from non-Federal law enforcement participants in USMS
criminal or civil law enforcement activities), witness statements,
reports of interviews, exhibits, attorney notes, pleadings, and
recommendations and strategy for defending civil actions.
Authority for maintenance of the system:
5 U.S.C. 301 and 44 U.S.C. 3101.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records maintained in this system of records may be disseminated as
follows:
(a) To any component of the Department of Justice for consideration in
connection with the case or matter to which the record relates;
(b) To the appropriate Federal, State or local agency responsible for
investigating, prosecuting or defending an action where there is an
indication of actual or potential violation of criminal or civil laws
or regulations or civil liability of any government action;
(c) To any Federal, State or local agency, organization or individual
to the extent necessary to elicit information or witness cooperation
if there is reason to believe the recipient possesses information
related to the case or matter;
(d) In a proceeding before a court or adjudicative body before which
the USMS 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 USMS to be arguably relevant to the litigation: The
USMS or any of its subdivisions; any USMS employee in his or her
individual capacity where the Department of Justice agrees to
represent the employee; or the United States where the USMS determines
that the litigation is likely to affect it or any of its subdivisions;
(e) To a Federal agency, in response to its request, in connection
with the hiring or retention of an employee, the issuance of a
security clearance, the conducting of a security or suitability
investigation of an individual, the classifying of jobs, the letting
of a contract or the issuance of a grant, license or other benefit by
the requesting agency, to the extent that the information is relevant
and necessary to the requesting agency's decision on the matter;
(f) To respond to a request for discovery or for appearance of a
witness when the information is relevant to the subject matter
involved in a pending judicial or administrative proceeding.
(g) 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.
(h) To congressional members or staff on behalf of constituents.
(i) To the National Archives and Records Administration and to the
General Services Administration in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Index cards are stored in standard card file boxes. Administrative
claim appeal and litigation files are stored in standard file
cabinets. Duplicate copies of paper records are stored on magnetic
discs.
Retrievability:
Records are retrieved by name of claimant or litigant, or by caption
of civil action or administrative proceeding.
Safeguards:
Access to computerized records is restricted to Office of Legal
Counsel personnel. In addition, files are stored in locked metal
filing cabinets within the Office of Legal Counsel, USMS headquarters,
during off-duty hours. Access to USMS headquarters is controlled by
24-hour guard service.
Retention and disposal:
Index cards are retained indefinitely. Claim files are destroyed after
7 years. Litigation files are destroyed after 10 years. Cases
designated by the General Counsel as significant or precedential are
retained indefinitely.
System manager(s) and address:
General Counsel, Office of Legal Counsel, U.S. Marshals Service, 600
Army Navy Drive, Arlington, Virginia 22202-4210.
Notification procedure:
Address inquiries to the system manager identified above, Attention:
FOI/PA Officer. Clearly mark the letter and envelope ``Freedom of
Information/Privacy Act Request.''
Record access procedures:
Make all requests for access in writing and clearly mark letter and
envelope ``Freedom of Information/Privacy Act Request.'' Clearly
indicate name of the requester, nature of the record sought,
approximate dates of the records, and provide the required
verification of identity (28 CFR 16.41(d)). Direct all requests to the
system manager identified above. Attention: FOI/PA Officer, and
provide a return address for transmitting the information.
Contesting record procedures:
Direct all requests to contest or amend information to the system
manager listed above. State clearly and concisely what information is
being contested, the reason for contesting it, and the proposed
amendment to the information sought. Clearly mark the letter and
envelope ``Freedom of Information Act/Privacy Act Request.''
Record source categories:
The sources of information contained in this system are the individual
claimant/litigant, USMS officials, law enforcement agencies,
statements of witnesses and parties, transcripts of depositions and
court proceedings, administrative hearings and arbitrations, and work
product of staff attorneys and legal assistants working on a
particular case or matter.
Systems exempted from certain provisions of the act:
The Attorney General has exempted certain categories of records in
this system from subsections (c) (3) and (4); (d); (e) (2) and (3);
(e)(4) (G) and (H); (e)(8); (f) and (g) of the Privacy Act pursuant to
5 U.S.C. 552a (j)(2) and (k)(5). The system is exempted pursuant to
subsection (j)(2) only to the extent that information in a record
pertaining to a particular individual relates to a criminal
investigation which relates to or constitutes the basis of a
particular suit or claim. The system is exempted pursuant to
subsection (k)(5) only to the extent necessary to protect a
confidential source. 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.
USM-014
System name:
Joint Automated Booking Stations (JABS), USM-014.
System location:
U.S. Marshals Service (USMS) headquarters, 600 Army Navy Drive,
Arlington, Va. 22202-4210; and regional office of the Drug Enforcement
Administration (DEA) at 6320 NW 2nd Avenue, North Miami Beach, FL
33167.\1\
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\1\The Miami repository will be physically housed at DEA
facilities; nevertheless, management and oversight--including the
physical security of the system--will be the responsibility of USMS
personnel. When appropriate, the ``system location'' will be revised
to include additional repositories.
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Categories of individuals covered by the system:
Alleged criminal offenders who have been arrested and booked.
Categories of records in the system:
Records may include certain generic or ``common'' data elements which
have been collected by an arresting Federal, State, or local agency
and booked by that agency at its automated booking station (ABS), or
booked by an agency on behalf of another agency which performed the
arrest.\2\ Such common data (approximately 60 data elements) have been
identified by law enforcement as those case and biographical data
generally collected by the law enforcement community during booking
arrests, e.g., name, date and place of birth, citizenship, hair and
eye color, height and weight, occupation, social security number,
place, date and time of arrest and jail location, charge, armed
description, sentenced or unsentenced, and health status, etc. Such
data may also include case agent name, notes and observations
regarding subjects' physical or mental condition, degree of
psychological stability or acumen, reported use of habit forming
substances, substances for which the subject has a valid prescription,
names of individuals from which the subject is to be segregated,
extraordinary handling procedures to include precautionary warnings,
names of acquaintances (criminal/non-criminal), Federal writ, and any
other pertinent information related to known activities relevant or
unique to the record subject. Finally, as the technology is developed,
such data may include electronic fingerprints, mugshots, and voice
samples.
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\2\Initially, these records will include only those of the
Department of Justice (DOJ) law enforcement components. However, at
such time as other Federal, State and local agencies either establish
similar ABS's or use the ABS of another agency to upload ``common''
data to the repositories (i.e., ``common'' data as described by this
system of records), this system of records will also include records
provided by non-DOJ law enforcement agencies.
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Categories of records may include paper records where the USMS has a
need to print copies, e.g., copies of mugshots.
Authority for maintenance of the system:
28 U.S.C. 534, 564; 5 U.S.C. 301 and 44 U.S.C. 3101.
Purpose(s):
The primary purpose of the JABS system is to enable Federal, State,
and local agencies which conduct arrests and/or booking activities to
store such data in regional repositories to eliminate duplication
efforts among multiple law enforcement agencies participating in a
single booking/arrest, to follow the arrestee through the booking
process, and thereby share ``realtime'' booking and arrest data within
a region. It will also assist in ancillary law enforcement efforts by
permitting law enforcement to learn of the arrest and apprehension of
a fugitive by another agency in that region; verify the identity of an
arrestee or, as the technology is developed, obtain identifying data
that will assist with surveillance and wiretap activities in the event
the arrestee becomes a fugitive subsequent to booking. Finally, it may
assist other judicial/law enforcement agencies in obtaining such
information as will permit them to perform their official duties.
JABS will also assist law enforcement at the national level through
interface of its regional repositories with the Federal Bureau of
Investigation's (FBI) Identification Division Records System, Justice/
FBI-009 (IDENT). IDENT currently serves as a ``national'' repository
for fingerprint data. As the technology is developed, electronic
fingerprint, mugshot, and voice sample data, together with certain
personally identifying data, date of arrest, etc. may be copied from
JABS regional repositories to IDENT. (Consistent with published
routine use disclosures for the IDENT system of records, IDENT may
then respond to electronic inquiries from other JABS regional
repositories to verify fingerprint or other identifying data, to learn
of the arrest of a fugitive in another regional jurisdiction; and/or,
where indicated by the IDENT record, to allow an inquiring regional
repository to determine that a more complete arrest record resides
with, and may be requested from, another JABS regional repository;
and/or to otherwise assist in the conduct of other authorized law
enforcement activities such as surveillance and wiretap.)
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(a) The regional repositories may be electronically accessed by
Federal, State, and local law enforcement agencies to input and
retrieve booking and arrests data on criminal offenders and thereby
eliminate the need for duplicate bookings in that region, i.e., the
collection of much the same data by multiple agencies in prisoner
processing activities involving such agencies from arrest through
incarceration. (For example, an individual arrested by the Bureau of
Alcohol, Tobacco, and Firearms (ATF) and transported by the USMS to a
Federal correctional institution may be processed by ATF, USMS, and
the Bureau of Prisons.) Such repositories may be electronically
accessed by these and other local law enforcement agencies in the
region also for other law enforcement purposes such as to learn about
the arrest of a fugitive wanted in several local jurisdictions, to
verify the identity of an arrestee, or to assist in the conduct of
surveillance and/or wiretap activities. In addition, access by one
regional repository to the complete record residing in another
regional repository, e.g., to obtain access to the record of a
fugitive wanted in one or more regional jurisdictions, may be
accomplished by a telephone request until such time as technology may
permit electronic requests between regional repositories. Further, at
such time as the technology is available, other judicial/law
enforcement agencies such as the courts, probation, and parole
agencies may have direct electronic access to JABS in order to obtain
data which may assist them in performing their official duties. For
example, the courts may need direct electronic access to verify the
identity of an individual who appears in court claiming not to be the
individual identified by the arresting agency.
Finally, where necessary and/or appropriate, the USMS may disclose
relevant information from the repositories as follows:
(b) To any Federal, State, and/or local authorities to the extent
necessary to permit them to perform their law enforcement
responsibilities; or to any Federal, State, and/or local authorities,
or to any other entity or person, to the extent required to solicit
information necessary for law enforcement purposes;
(c) To other judicial/law enforcement agencies such as the courts,
probation, and parole agencies to assist them in performing their
official duties;
(d) To a Federal agency in response to its request and in connection
with hiring or retention of an employee, the issuance of the required
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;
(e) To private contractors and/or maintenance personnel but only to
the extent that access is needed to perform contractual duties such as
maintenance or other administrative support operations;
(f) To a Member of Congress or staff acting upon 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;
(g) 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;
(h) To a court or adjudicative body before which the USMS or other
appropriate DOJ component 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 USMS or other appropriate DOJ
component to be arguably relevant to the litigation: (i) The USMS or
DOJ component, or any subdivision thereof, or (ii) any employee of the
USMS or DOJ in his or her official capacity, or (iii) any employee of
the USMS or DOJ in his or her individual capacity where the DOJ has
agreed to represent the employee, or (iv) the United States, where the
DOJ determines that the litigation is likely to affect it or any of
its subdivisions;
(i) To the National Archives and Records Administration (NARA) and the
General Services Administration in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906;
(j) To complainants and/or victims to the extent necessary to provide
such persons with information and explanations concerning the progress
and/or results of an investigation or case (e.g. an arrest) arising
from the matters of which they complained and/or of which they were a
victim; and
(k) To any person or entity to the extent necessary to prevent an
imminent and potential crime which directly threatens loss of life or
serious bodily injury.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are stored in computerized media and on printed copy.
Retrievability:
Data may be retrieved by name or identifying number.
Safeguards:
Access will be limited to those with a need to know. Facilities and
offices which house computer systems will be protected at all times by
appropriate locks, security guards, and/or alarm systems. Access to
the systems equipment is limited to those with a need-to-know through
encryption and password protection measures.
Retention and disposal:
A disposition schedule will be developed for approval by the USMS
Records Management Officer and NARA. Upon approval of such schedule,
this notice will be revised to reflect the correct retention and
disposal schedule for these records.
System manager(s) and address:
Director, U.S. Marshals Service, 600 Army-Navy Drive, Arlington,
Virginia 22202-4210
Notification procedure:
Same as ``Record Access Procedures.''
Record access procedure:
Address all requests for access to JABS records, in writing, to the
system manager identified above, ``Attention: FOIA/PA Officer.''
Clearly mark the letter and envelope ``Privacy Act request.'' Clearly
indicate the name of the requester, nature of the record sought, and
approximate date of the record. In addition, provide the required
verification of identity (28 CFR 16.41(d)) and a return address for
transmitting the information.
Contesting records procedure:
Same as above.
Record source categories:
The record subject; Federal, State, and local law enforcement
personnel; the courts; and medical personnel.
Systems exempted from certain provisions of the act:
The Attorney General has exempted records in this system from
subsections (c) (3) and (4), (d), (e) (1), (2) and (3), (e)(5),
(e)(8), and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2).
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.
JUSTICE/USM-015
System name:
U.S. Marshals Service (USMS) Employee Assistance Program (EAP)
Records.
System location:
Records of the Employee Assistance Office, Employee Relations
Division, USMS, are located at 600 Army Navy Drive, Arlington,
Virginia 22202-4210. Records of independent health service
organizations (IHSOs) with whom the USMS has contracted for health
services, are located at the respective offices of these services
providers.\1\ Addresses of these service providers may be obtained by
contacting the USMS Employee Assistance Office.
---------------------------------------------------------------------------
\1\On behalf of the USMS, the local IHSO subcontracts with similar
throughout independent health service organizations in areas outside
of the Washington, DC metropolitan area to provide similar services
to USMS employees located in those areas.
---------------------------------------------------------------------------
Categories of individuals covered by the system:
Current and former employees of the USMS (and, in limited cases,
immediate family members) who have sought counseling or have been
referred for counseling or treatment through the USMS EAP.
Categories of records covered in the system:
Records of the USMS Employee Assistance Office and the IHSOs include
written consent forms used to manage referrals and the exchange or
flow of personal information, and account information such as billings
and payments. (Where relevant, necessary, and proper certain records
may be duplicated in these offices.) Other records generally
maintained by the USMS Employee Assistance Office and the IHSOs are
described as follows:
A. Records located in the USMS Employee Assistance Office include only
records which may assist in managing and monitoring employee referrals
and participation in the EAP Program. Examples of such records are:
The name, location and telephone number(s) of the employee, family
member or supervisor or manager who makes the initial contact with EAP
personnel; the date and manner of initial contact, i.e., by telephone
or in person; notes of problem(s) presented upon initial contact with
EAP personnel; documents received from supervisors or personnel on
work place problems or performance; insurance data; name and address
of treatment facilities; number of sessions attended by the
participating employee or family member; leave records; written
consent forms and abeyance/back-to-work agreements (made to mitigate
adverse action based upon treatment); information on confirmed,
unjustified positive drug tests provided by the Drug Free Workplace
Program and the Medical Review Officer under E.O. 12564; and
``sanitized'' audit records of the EAP/IHSO Program.
B. Records of the IHSOs may include any records which may assist in
(1) assessing and counseling the individual on a short-term basis, and
(2) identifying those individuals who may need long-term professional
counseling, treatment and/or rehabilitation services (beyond those
provided for by the USMS contract with the IHSOs). Records of the
local IHSO may also include any records which may assist in monitoring
and evaluating the performance of the various IHSOs outside the
Washington, DC metropolitan area. Examples of IHSO records are:
Personal identifying data on the employee and/or family member such as
name, social security number, gender; home address and telephone
number(s); notes and documentation of problem(s) presented upon
initial contact with the IHSO; date of intake at the IHSOs; pertinent
psychological, medical, employment and/or financial histories;
address(es) of IHSOs providing short-term services; clinical notes and
documentation on short-term counseling; attendance at short-term
counseling sessions; prognosis information; information on problem
resolution through short-term counseling, if applicable; date closed
at the IHSO; information on confirmed, unjustified positive drug
tests; and client employee/family member evaluations of services
provided by the IHSOs. Records may also include recommendations and
referrals to community resources for long-term counseling, treatment
and/or rehabilitation programs beyond the services provided by the
USMS EAP/IHSOs, including referrals for other assistance not related
to financial concerns, or psychological or medical health.
C. Other records included in the system (and which may be duplicated
in the USMS EAP and IHSO offices, where relevant, necessary, and
proper) are those obtained from specialized service providers (SSPs)
with the written consent of the subject individual.\2\ Generally, such
records are limited to those which relate to attendance at sessions,
prognosis for recovery, motivation, and progress toward recovery.
However, where the record subject deems it necessary or desirable to
furnish additional records, such records could include: Medical tests
and screenings; treatment and rehabilitation plans as well as
behavioral improvement plans; notes and documentation on counseling;
and relevant information pertaining to assistance provided on matters
other than financial concerns, or psychological or medical health.
---------------------------------------------------------------------------
\2\SSPs are health service, community-based organizations, which
offer long-term treatment and rehabilitation services. The USMS EAP
and/or the IHSOs may recommend that the individual seek professional
assistance beyond that provided by the USMS EAP program contracted
out with the IHSOs. Where the individual chooses to pursue further
treatment, he may elect to provide the USMS EAP and/or the IHSOs with
such information as may be relevant to the back-to-work agreement.
---------------------------------------------------------------------------
Authority for maintenance of the system:
42 U.S.C. 290dd, et seq. and 290ee, et seq.; 42 CFR 2.1, et seq.;
Executive Order 12564, 5 U.S.C. 3301 and 7901; 44 U.S.C. 3101 and Pub.
L. 100-71, sec. 503 (July 11, 1987).
Purpose(s):
The EAP is a voluntary program designed to assist the employee in
obtaining necessary help in handling personal problem(s) affecting job
performance, and to provide emotional support and assistance during
periods of crises, including those arising from traumatic work-related
incidents. Records are maintained to document participation in the EAP
program; the nature and effects of the employee's personal problem(s);
and efforts to counsel the employee. Records may be used also to
monitor compliance with abeyance and back-to-work agreements made to
mitigate adverse actions based upon treatment.
Routine uses of records maintained in the system, including categories
of users and purposes of such uses:
In addition to those disclosures permitted by the Privacy Act itself,
5 U.S.C. 552a(b),\3\ permissive disclosures, without individual
consent, are as follows:
---------------------------------------------------------------------------
\3\To the extent that release of alcohol and drug abuse records is
more restricted than other records subject to the Privacy Act, the
USMS will follow such restrictions. See 42 U.S.C. 290dd and 290ee
(and implementing regulations at 42 CFR part 2), and Pub. L. 100-71,
section 503.
---------------------------------------------------------------------------
1. To the extent that it is appropriate, relevant, and necessary to
enable the IHSOs to perform counseling, referral and program
performance evaluation responsibilities, the USMS will provide those
records--identified in paragraph A. of the ``Category of Records in
the System'' (which are primarily administrative in nature) to the
IHSOs who, on behalf of the USMS, maintain and operate a portion of
this system of records--identified in paragraph B. of the same
caption.
2. On behalf of the USMS, the IHSOs may disclose as follows: (a) To
the appropriate State or local agency or authority to the extent
necessary to comply with laws governing reporting incidents of
suspected child abuse or neglect, and (b) to Federal, State and/or
local authorities or to any other entity or person to the extent
necessary to prevent an imminent and potential crime which directly
threatens loss of life or serious bodily injury.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information is stored in locked metal safes.
Retrievability:
Records are retrieved by name of employee and, in limited cases,
immediate family members.
Safeguards:
In accordance with the requirements of 42 CFR 2.16, USMS EAP and IHSO
records are stored in a secure enivronment. Access to USMS EAP records
is restricted to designated USMS EAP personnel, except as otherwise
permitted by law or with the written consent of the individual.
Vouchers prepared to effect payment for services rendered by the IHSOs
in performance of the contract do not contain individual identifiers.
Invoices prepared by IHSOs located outside the Washington, DC
metropolitan area are sent by first-class mail to the designated
member(s) of the local IHSO contracted by the USMS. In turn, invoices
or other records prepared in support of payment vouchers which contain
individual identifiers are hand-carried by the local IHSO to the EAP
Administrator who retains the supporting documentation. Records are
maintained in locked metal safes. Entry to headquarters is restricted
by 24-hour guard service to employees with official and electronic
identification.
Access to IHSO records is restricted to a designated member(s) of the
IHSO, except as otherwise provided by law or with the written consent
of the individual. IHSO records are stored in locked files also.
Retention and disposal:
Records are retained for three years after the individual ceases
contact with the USMS EAP and/or the IHSO unless a longer retention
period is necessary because of pending administrative or judicial
proceedings. In such cases, the records are retained for six months
after the case is closed. At that time the records are destroyed by
shredding (General Records Schedules 26 and 36).
System manager(s) and address:
Employee Assistance Program Administrator, Employee Assistance Office,
Employee Relations Division, United States Marshals Service, 600 Army
Navy Drive, Arlington, Virginia, 22202-4210.
Notification procedure:
Same as ``Record Access Procedures.''
Record access procedures:
Address all requests for access to USMS EAP records (identified in
paragraphs A. and C. of the ``Category of Records in the System,'') in
writing to the system manager identified above. Address all requests
for records maintained by the IHSOs (identified in paragraph B. of the
same caption) to these service providers. Addresses of these service
providers may be obtained by contacting the USMS Employee Assistance
Office. Clearly mark the envelope and letter ``Privacy Act Request.''
Clearly indicate the name of the requester, nature of the record
sought, and approximate date of the record. In addition, provide the
required verification of identity (28 CFR 16.41(d)) and a return
address for transmitting the information.
Contesting record procedures:
Direct all requests to contest or amend information in accordance with
the procedures outlined under ``Record Access Procedures.'' State
clearly and concisely the information being contested, the reasons for
contesting it, and the proposed amendment to the information sought.
Clearly mark the letter and envelope ``Privacy Act Amendment
Request.''
Record source categories:
Records are generated by the employee who is the subject of the
record; USMS EAP personnel; the IHSO and SSP; the USMS personnel
office; and the employee's supervisor. In the case of a confirmed,
unjustified positive drug test, records may also be generated by the
staff of the Drug-free Workplace Program and the Medical Review
Officer.
System exempted from certain provisions of the act:
None.
JUSTICE/USM-016
System name:
U.S. Marshals Service (USMS) Key Control Record System.
System location:
Internal Security Division, Office of Inspections, United States
Marshals Service, 2611 Jefferson Davis Highway, Arlington, Virginia.
Categories of individuals covered by the system:
Current and former emplouees of the USMS who have been issued office
keys for USMS Headquarters locations.
Categories of records in the system:
Records contained in this system consist of an automated index which
includes the names of the employee to whom a key is issued; the social
security number (only when two or more employees have identical names,
ioncluding middle initial); unique key identification code number; key
type (e.g., grand master, master, submaster, change); storage
container hook number; description (e.g., number identification) of
door(s), room(s), and/or area(s) the key opens or accesses;
transaction type and/or status (e.g., key issued, transferred,
retrieved, lost, broken) and transaction date; and, any other
appropriate comment, e.g., comments regarding key, door, room, area,
etc. In addition, a manual index with abbreviated data is maintained
as a backup system. This manual index includes the room/suite number,
the name of the employee to whom a key is issued, the key
identification code number, and date(s) of issuance and retrieval.
Authority for maintenance of the system:
5 U.S.C. 301 and 44 U.S.C. 3101.
Purpose(s):
The USMS Key Control Record System serves as a record of keys issued
and facilitates continuing security at USMS Headquarters locations.
Records are maintained to assist in restricting office and work area
access to authorized USMS personnel by controlling, monitoring and
tracking keys issued. In addition, record assist in identifying any
repairs, changes, or additional security measures that may be
necessary as a result of lost or broken keys.
Routine uses of records maintained in the system including categories of
users and purpose of such uses:
Records or information may be disclosed: (a) In the event that a
record(s) indicate a violation or potential violation of law, whether
civil, criminal, or regulatory in nature, and whether arising by
general statute or particular program statute, or by rule, regulation,
or order pursuant thereto, the relevant record(s) may be disclosed to
the appropriate agency, whether Federal, State, or local charged with
the responsibility of investigating or prosecuting such violation,
and/or charged with enforcing or implementing such statute, rule,
regulation or order, (b) in a proceeding before a court or
adjudicative body before which the USMS 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 USMS to be arguably
relevant to the litigation: The USMS or any of its subdivisions; any
USMS employees in his or her official capacity, or in his or her
individual capacity where the Department of Justice agrees to
represent the employees; or the United States where the USMS
determines that the litigation is likely to affect it or any of its
subdivision, (c) 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, (d) to a Member of Congress or staff
acting upon 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, and (e) to the National Archives and
Records Administration and to the General Services Administration in
records management inspections condicted inder the authority of 44
U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Automated index records are stored on magnetic disks. Paper copies of
automated records are kept in file folders and original paper records
of the manual index are stored on card files.
Retrievability:
Records are retrieved by name of the individuals covered by the
system.
Safeguards:
Access to these records is restricted to personnel of the USMS
Internal Security Division. Computerized records may be accessed only
by assigned code and password. Paper records are located in a
restricted area and are maintained in metal filing cabinets or safes
whiich are locked during non-duty hours.
Retention and disposal:
Records are retained for only 3 years after turn-in of the key, at
which time they are destroyed (General Records Schedule 18).
System manager(s) and address:
Chief, Internal Security Division, Office of Inspections, United
States Marshals Service, 2611 Jefferson Davis Highway, Arlington,
Virginia.
Notification procedure:
Direct all inquiries to the system manager identified above. Clearly
marked the letter and envelop Freedom of Information/
Privacy Act Request.
Record access procedures:
Make all requests for access in writing and clearly mark letter and
envelop Freedom of Information/Privacy Act
Request. Clearly indicate the name of the requester, nature
of the record sought, approximate dates of the record, and provide the
required verification of identity (28 CFR 16.41(d)). Direct all
requests to the system manager identified above. Attention: FOI/PA
Officer, and provide a return address for transmitting the
information.
Contesting record procedures:
Direct all requests to contest or amend information to the system
manager listed above. State clearly and concisely the information
being contested, the reasons for contesting it, and the proposed
amendment to the information sought. Clearly mark the letter and
envelop Freedom of Information/Privacy Act Request.
Record source categories:
Information contained in this system is collected from the individual
and the system manager.
System exempted from certain provisions of the act:
None.
JUSTICE/USM-999
Appendix to U.S. Marshals Service Systems of Records, Official
Addresses of United States Marshals.
Northern Alabama
1729 5th Avenue, North, Room 240, Birmingham, Alabama 35203
Middle Alabama
PO Drawer 4249, Montgomery, Alabama 36103
Southern Alabama
PO Box 343, Mobile, Alabama 36601
District of Alaska
U.S. Courthouse & Federal Building, 222 W. 7th Avenue, No. 28,
Anchorage, Alaska 99513-7568
District of Arizona
8204 U.S. Courthouse, 230 North First Avenue, Phoenix, Arizona 85025
Eastern Arkansas
PO Box 8, Little Rock, Arkansas 72203
Western Arkansas
PO Box 2625, Fort Smith, Arkansas 72902
Northern California
20005 U.S. Courthouse, 450 Golden Gate Avenue, San Francisco,
California 94102
Eastern California
1020 U.S. Courthouse, 750 Capitol Mall, Sacramento, California 95814
Central California
U.S. Courthouse, 312 North Spring Street G-23, Los Angeles, California
90012-4798
Southern California
LLB-71 U.S. Courthouse, 940 Front Street, San Diego, California 92189
District of Colorado
Drawer 3599, Denver, Colorado 80294
District of Connecticut
PO Box 904, New Haven, Connecticut 06504
District of Delaware
4311 U.S. Courthouse, 844 King Street, Wilmington, Delaware 19801
District of Columbia
1103 U.S. Courthouse, 3rd & Constitution Avenue, NW, Washington, DC
20001
District of Columbia Superior Court
Superior Courthouse, 500 Indiana Avenue, NW, Room C-250, Washington,
DC 20001
Northern Florida
PO Box 10229, Tallahassee, Florida 32302
Middle Florida
PO Box 2907, Tampa, Florida 33601-2907
Southern Florida
205 Federal Courthouse Square, 301 North Miami Avenue, Miami, Florida
33218-7785
Northern Georgia
1669 Federal Building, 75 Spring Street, SW, Atlanta, Georgia 30303
Middle Georgia
PO Box 7, Macon, Georgia 31202
Southern Georgia
PO Box 9765, Savannah, Georgia 31412
District of Guam
507 Pacific News Building, 238 Archbishop Flores Street, Agana, Guam
96910
District of Hawaii
PO Box 50184, Honolulu, Hawaii 96850
District of Idaho
741 U.S. Courthouse, 550 West Fort Street, Boise, Idaho 83724
Northern Illinois
219 S. Dearborn Street, Room 2444, Chicago, Illinois 60604
Southern Illinois
127 U.S. Courthouse, 750 Missouri Avenue, East St. Louis, Illinois
62201
Central Illinois
PO Box 156, Springfield, Illinois 62705
Northern Indiana
233 Federal Building, 204 South Main Street, South Bend, Indiana 46624
Southern Indiana
PO Box 44803, Indianapolis, Indiana 46244
Northern Iowa
320 Federal Building, 101 1st Street SE, Cedar Rapids, Iowa 52401
Southern Iowa
208 U.S. Courthouse, East First & Walnut Streets, Des Moines, Iowa
50309
District of Kansas
456 Federal Building, 444 Southeast Quincy, Topeka, Kansas 66683
Eastern Kentucky
PO Box 30, Lexington, Kentucky 40501
Western Kentucky
114 U.S. Courthouse, 601 West Broadway, Louisville, Kentucky 40202
Eastern Louisiana
C-600 U.S. Courthouse, 500 Camp Street, New Orleans, Louisiana 70130
Middle Louisiana
PO Box 3653, Baton Rouge, Louisiana 70821
Western Louisiana
PO Box 53, Shreveport, Louisiana 71161-0053
District of Maine
PO Box 349 DTS, Portland, Maine 04112
District of The Northern Mariana Islands
PO Box 570, Susupe, Saipan 96950
District of Maryland
605 U.S. Courthouse, 101 West Lombard Street, Baltimore, Maryland
21201
District of Massachusetts
PO Box 352, Boston, Massachusetts 02101
Eastern Michigan
120 Federal Building, 231 West Lafayette Street, Detroit, Michigan
48226
Western Michigan
514 Federal Building, 110 Michigan Avenue, Grand Rapids, Michigan
49503
District of Minnesota
523 U.S. Courthouse, 110 South 4th Street, Minneapolis, Minnesota
55401
Northern Mississippi
PO Box 887, Oxford, Mississippi 38655
Southern Mississippi
PO Box 959, Jackson, Mississippi 39205
Eastern Missouri
108 U.S. Courthouse, 1114 Market Street, St. Louis, Missouri 63101
Western Missouri
509 U.S. Courthouse, 811 Grand Avenue, Kansas City, Missouri 64106
District of Montana
5110 Federal Building, 316 North 26th Street, Billings, Montana 59101-
1362
District of Nebraska
PO Box 1477, Omaha, Nebraska 68101
District of Nevada
PO Box 16039, Las Vegas, Nevada 89101
District of New Hampshire
PO Box 1435, Concord, New Hampshire 03302
District of New Jersey
PO Box 186, Newark, New Jersey 07101
District of New Mexico
PO Box 444, Albuquerque, New Mexico 87103
Northern New York
213 Federal Building, 10 Broad Street, Utica, New York 13501
Eastern New York
172 U.S. Courthouse, 225 Cadman Plaza East, Brooklyn, New York 11201
Southern New York
114 U.S. Courthouse Annex, 1 St. Andrew's Plaza, New York, New York
10007
Western New York
129 U.S. Courthouse, 68 Court Street, Buffalo, New York 14202
Eastern North Carolina
PO Box 25640, Raleigh, North Carolina 27611
Middle North Carolina
PO Box 1528, Greensboro, North Carolina 27402
Western North Carolina
PO Box 710, Ashevile, North Carolina 28802
District of North Dakota
PO Box 2425, Fargo, North Dakota 58108-2425
Northern Ohio
B-1 U.S. Courthouse, 201 Superior Avenue, Cleveland, Ohio 44114
Southern Ohio
PO Box 688, Cincinnati, Ohio 45201
Northern Oklahoma
PO Box 1097, Tulsa, Oklahoma 74101
Eastern Oklahoma
PO Box 738, Muskogee, Oklahoma 74402
Western Oklahoma
PO Box 886, Oklahoma City, Oklahoma 73101
District of Oregon
420 U.S. Courthouse, 620 Southeast Main Street, Portland, Oregon
97205-3087
Eastern Pennsylvania
2110 U.S. Courthouse, 601 Market Street, Philadelphia, Pennsylvania
19106
Middle Pennsylvania
PO Box 310, Scranton, Pennsylvania 18501
Western Pennsylvania
539 U.S. Courthouse, 7th & Grant Streets, Pittsburgh, Pennsylvania
15219
District of Puerto Rico
PO Box 3748, San Juan, Puerto Rico 00904
District of Rhode Island
PO Box 1524, Providence, Rhode Island 02901
District of South Carolina
PO Box 1774, Columbia, South Carolina 29202
District of South Dakota
PO Box 1193, Sioux Falls, South Dakota 57101
Eastern Tennessee
PO Box 551, Knoxville, Tennessee 37901
Middle Tennessee
866 U.S. Courthouse, 801 Broadway, Nashville, Tennessee 37203
Western Tennessee
1029 Federal Building, 167 North Main Street, Memphis, Tennessee 38103
Northern Texas
1100 Commerce Street, 16F47 Federal Building, Dallas, Texas 75242
Eastern Texas
PO Box 299, Tyler, Texas 75710
Southern Texas
PO Box 61608, Houston, Texas 77208
Western Texas
235 U.S. Courthouse, 655 East Durango Boulevard, San Antonio, Texas
78206
District of Utah
PO Box 1234, Salt Lake City, Utah 84110
District of Vermont
621 Federal Building, Elmwood Avenue & Pearl Street, Burlington,
Vermont 05402
Eastern Virginia
104 Federal Building, PO Box 20227-22320, 200 South Washington Street,
Alexandria, Virginia 22312
Western Virgina
PO Box 2280, Roanoke, Virginia 24009
District of the Virgin Islands
PO Box 9018, St. Thomas, Virgin Islands 00801
Eastern Washington
PO Box 1463, Spokane, Washington 99210
Western Washington
300 U.S. Courthouse, 1010 5th Avenue, Seattle, Washington 98104-1188
Northern West Virginia
PO Box 1454, Elkins, West Virginia 26241
Southern West Virginia
PO Box 2667, Charleston, West Virginia 25330
Eastern Wisconsin
310 Federal Building, 517 East Wisconsin Avenue, Milwaukee, Wisconsin
53202
Western Wisconsin
440 Federal Courthouse, 120 N. Henry Street, Madison, Wisconsin 53703-
2559
District of Wyoming
PO Box 768, Cheyenne, Wyoming 82003
UNITED STATES TRUSTEES
JUSTICE/UST-001
System name: Bankruptcy Case Files and Associated Records.
System location:
The Executive Office for United States Trustees and various offices of
the United States Trustees depending upon the judicial district where
a case is pending or was administered. (See appendix of addresses
identified as JUSTICE/UST-999.)
Categories of individuals covered by the system:
Individuals involved in bankruptcy proceedings (under Chapters 7, 11
and 13 of 11 U.S.C.) subsequent to September 30, 1979, including but
not limited to debtors, creditors, bankruptcy trustees, agents
representing debtors, creditors, and trustees.
Categories of records in the system:
(a) Petitions/orders for relief, (b) schedules of assets and
liabilities of bankrupts, (c) lists of creditors, (d) statements of
debtors' financial affairs, (e) docket cards (UST-001, 002, 003, and
any alterations thereof), (f) alphabetical cross-reference index
cards, (g) general correspondence regarding cases, (h) miscellaneous
investigative records, (i) copies of certain petitions, pleadings or
other papers filed with the court, including UST recommendations to
court for appointment of trustee or examiner in Chapter 11,
recommendations for dismissal or conversion, recommendations as to
dischargeability, (j) appraisal reports, (k) names of approved
despositories and amounts of funds deposited therein, (l) names of
sureties and amounts of trustees' bonds, (m) tape or other recordings
of creditors meetings called pursuant to Section 341 of Title 11,
U.S.C., for the purpose of examination of debtors by creditors,
trustee and others, (n) plans filed under Chapter 11 or 13, (o) lists
of persons serving as counsel, trustee, or other functionaries in
bankruptcy cases, including compensation earned or sought by each, (p)
lists of attorneys representing creditors in bankruptcy cases.
Authority for maintenance of the system:
These systems are established and maintained pursuant to 26 U.S.C. 586
and 11 U.S.C., especially Chapter 15 thereof.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The records are used by personnel of the Executive Office and the
United States Trustee field offices to determine the existence of a
case, to ascertain the status of actions with respect to a case, and
to ensure that timely action is taken as appropriate, and to determine
the involvement by agents or other representatives of parties in such
cases.
As provided in 11 U.S.C. 107, a paper filed in a case and the dockets
of the bankruptcy court are public records and open to examination
except when the court acts to protect an entity with respect to a
trade secret or confidential research, development, or commercial
information; or to protect a person with respect to scandalous or
defamatory matter contained in a paper filed in a case under title 11.
If the court enters such a protective order, that portion of the
record is only available upon the consent of the entity, so protected.
In addition, except when the court has moved to protect an entity, the
records will be disseminated as a routine use of such records as
follows: (1) A record, or any facts derived therefrom, may be
disseminated in a proceeding before a court, an adjudicative body or
any proceeding relevant to the administration of a case or any
proceeding relevant to the administration of a case filed under title
11 of the United States Code in which the United States Trustees are
authorized to appear, when (i) the United States Trustees, or (ii) any
employee of the United States Trustees in his or her official
capacity, or (iii) any employee of the United States Trustees in his
or her individual capacity where the Department of Justice has agreed
to represent the employee, or (iv) the United States, where the United
States Trustees determine that the litigation is likely to affect it
or any of its subdivisions, is a party to litigation or has an
interest in litigation and such records are determined by the United
States Trustees to be arguably relevant to the litigation; (2) a
record, or any facts derived therefrom, may be disseminated in a
proceeding before a court, an adjudicative body or any proceeding
relevant to the administration of a case filed under title 11 of the
United States Code in which the United States Trustee is authorized to
appear, when the United States, or any agency or subdivision thereof,
is a party to litigation or has an interest in litigation and such
records are determined by the United States Trustees to be arguably
relevant to the litigation.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress: Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552 et seq.,
may be made available to a Member of Congress or staff acting upon 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.
Release of Information to the National Archives and Records
Administration (NARA) and the General Services Administration (GSA): A
record from the system of records may be disclosed to the NARA and GSA
for records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
Release of information to law enforcement or regulatory agencies:
Information obtained by the U.S. Trustees will be transmitted to
appropriate state, local, Federal or other law enforcement or
regulatory agencies whenever a U.S. Trustee or the Director, Executive
Office for U.S. Trustees or his designee believes that such
transmittal in public interest except to the extent that such
transmittal would conflict with any immunity granted by a court of
competent jurisdiction in accordance with the provisions of Title 11,
U.S.C.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
All information, except that specified below in this paragraph is
recorded on basic paper/cardboard material and maintained within metal
file boxes, file cabinets, electric file/card retrievers or safes.
Certain information from the documents, forms, lists and reports
described under ``categories of records in the system'' will be
entered into an automated information system and stored on magnetic
disks for reproduction in report form at various times. This includes
the case number, debtor's names, case status, type of case, assets of
estate, dates of reports filed, trustee bonds, debtor's attorney's
name and fees, calendar of meetings and hearings, creditor's committee
status, plan and schedule due dates, and trustee/examiner names and
dates appointed.
Retrievability:
Banks, is maintained alphabetically. (Case files maintained in the
Executive Office are assigned sequential file numbers and are cross
referenced alphabetically by name of the debtor.) Automated
information is retrieved by case number or report number.
Safeguards:
Information contained in the system is unclassified. It is safeguarded
and protected in accordance with Departmental rules and procedures
governing the handling of office records and computerized information.
During duty hours access to this system is monitored and controlled by
U.S. Trustee office personnel. During nonduty hours offices are
locked.
Retention and disposal:
Maintenance and diposition schedules are being developed within the
Executive Office for U.S. Trustees. There is presently no authority to
destroy any information within this system except those documents
which are duplicates of records for which the bankruptcy courts
maintain the official record copies.
System manager(s) and address:
System manager for the system in each office is the U.S. Trustee and
in the Executive Office, the Chief, Management and Budget Section.
(See appendix of addresses identified as JUSTICE/UST-999.)
Notification procedure:
Address inquiries to the System Manager for the Judicial district in
which the case is pending, or was administered. (See appendix of
addresses identified as JUSTICE/UST-999.)
Record access procedures:
A request for access to record from this system shall ordinarily be
made in person at the U.S. Trustee office in which the case is filed.
Contesting record procedures:
Individual desiring to contest or amend information maintained in the
system should direct their request to the System Manager (see appendix
of addresses identified as JUSTICE-UST-999), stating clearly and
concisely what information is being contested, the reasons for
contesting it, and the proposed amendment to the information.
Record source categories:
Sources of information contained in this record are generally limited
to debtors, creditors, trustees, examiners, attorneys, and other
agents participating in the administration of a case, judges of the
bankruptcy courts and employees of the U.S. Trustee offices.
Systems exempted from certain provisions of the act:
None.
JUSTICE/UST-002
System name: Panel Trustee Application File.
System location:
The Executive Office for United States Trustees and various offices of
the United States Trustees depending upon the judicial district where
the trustee has made application to the panel. (See appendix of
addresses identified as JUSTICE/UST-999.)
Categories of individuals covered by the system:
All applicants for membership on the private panels of trustees
eligible to serve as trustees in Chapter 7 bankruptcy cases.
Categories of records in the system:
Panel Trustee Application File (UST-002), may also include resumes,
letters of recommendation, notes reflecting oral checking of
references, school transcripts, and other supporting information
provided by applicants or developed by the U.S. Trustee.
Authority for maintenance of the system:
The systems are established and maintained pursuant to 28 U.S.C.
588(a).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These records are used by the individual U.S. Trustee office in which
they are maintained. Their sole purpose is for determining the
qualifications and eligibility of persons applying to serve as
trustees in Chapter 7 bankruptcy cases. The records are reviewed by
the Executive Office for U.S. Trustees.
Release of information to members of congress
Information contained in systems of records maintained by the
Department of Justice, not otherwise required to be released pursuant
to 5 U.S.C. 552, may be made available to a Member of Congress or
staff acting upon the Member's behalf when the Member or staff
requests the information on bahalf of and at the request of the
individual who is the subject of the record.
Release of information to the National Archives and Records
Administration (NARA) and the General Services Administration (GSA):
A record from the system of records may be disclosed to the NARA and
GSA for records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
These records are filed in paper folders in metal filing cabinets.
Retrievability:
Folders are filed alphabetically by the applicant's name.
Safeguards:
Information contained in the system is unclassified. It is safeguarded
and protected in accordance with Departmental rules and procedures
governing the handling of official records. During duty hours access
to this system is monitored and controlled by U.S. Trustee office
personnel. During nonduty hours offices are locked.
Retention and disposal:
Maintenance and disposition schedules are being developed within the
Executive Office for U.S. Trustees. There is presently no authority to
destroy any information within this system.
System manager(s) and address:
System Manager for the System in each office, is the U.S. Trustee and
in the Executive Office, the Deputy Director, (See appendix of
addresses identified as JUSTICE-UST-999.)
Notification procedure:
Address inquires to the System Manager.
Record access procedures:
A request for access to a record from this system shall be made in
writing with the envelope and letter clearly marked ``Privacy Access
Request''.,
Contesting record procedures:
Individuals desiring to contest or amend information maintained in the
system should direct their request to the System Manager stating
clearly and concisely what information is being contested, the reasons
for contesting it, and the proposed amendment(s) to the information.
Record source categories:
Information contained in the system is provided by the applicant the
applicant's references, and interested third parties.
Systems exempted from certain provisions of the act:
None.
JUSTICE/UST-003
System name: U.S. Trustee Timekeeping System.
System location:
The Executive Office for United States Trustees and various offices of
the United States Trustees depending upon where an employee has been
assigned for duty. (See appendix of addresses identified as JUSTICE/
UST-999.)
Categories of individuals covered by the system:
Nonclerical employees of the U.S. Trustees' offices.
Categories of records in the system:
The system includes employees' names and a record of their work time
by program activity.
Authority for maintenance of the system:
This system is established and maintained pursuant to 11 U.S.C., and
28 U.S.C. 552.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
This system consists of a record of the work time, by program
activity, of nonclerical employees of the U.S. Trustee pilot program.
The system is used by the EOUST to analyze workload as a basis for
requesting and allocating personnel and other resources. This
information is compiled in each of the 13 field offices and forwarded
to EOUST for analysis.
Release of information to Members of Congress: Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available to a Member of Congress or staff acting upon 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.
Release of Information to the National Archives and Records
Administration (NARA) and the General Services Administration (GSA): A
record from the system of records may be disclosed to the NARA and GSA
for records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are kept on forms UST-4a, UST-4b, UST-4c and UST-4d, which are
filed in metal cabinets.
Retrievability:
Information is maintained alphabetically by the name of the employee.
In EOUST, duplicate records are maintained and organized by district.
Safeguards:
Information contained in the system is unclassified. It is safeguarded
and protected in accordance with Departmental rules and procedures
governing the handling of official records. During duty hours access
to this system is monitored and controlled by U.S. Trustee office
personnel. During nonduty hours offices are locked.
Retention and disposal:
Maintenance and disposition schedules are being developed within the
Executive Office for U.S. Trustees. There is presently no authority to
destroy any document within this system.
System manager(s) and address:
System Manager for the system in each office, is the U.S. Trustee and
in the Executive Office, the Deputy Director. (See appendix of
addresses identified as JUSTICE/UST-999.)
Notification procedure:
Address inquiries to the System Manager.
Record access procedures:
A request for access to a record from this system shall be made in
writing with the envelope and letter clearly marked ``Privacy Access
Request''.
Contesting record procedures:
Individuals desiring to contest or amend information maintained in the
system should direct their request to the System Manager stating
clearly and concisely what information is being contested, the reasons
for contesting it, and the proposed amendment(s) to the information.
Record source categories:
Nonclerical employees of the U.S. Trustee's offices.
Systems exempted from certain provisions of the act:
None.
JUSTICE/UST-004
System name: United States Trustee Program Case Referral System,
JUSTICE/UST-004.
System location:
Executive Office for United States Trustees (EOUST), United States
Department of Justice, Room 812, 320 First Street, NW, Washington, DC
20530. Records may also be located in the various field offices. (See
Appendix identified as JUSTICE/UST-999.)
Categories of individuals covered by the system:
This system encompasses entities and individuals involved in the
bankruptcy process who are suspected of having engaged in criminal
conduct or of having violated other Federal laws, and whose activities
have been reported by the U.S. Trustees or EOUST to a U.S. Attorney
pursuant to 18 U.S.C. 3057, or to other law enforcement authorities
for investigation.
Categories of records in the system:
Records consist of any information about a case filed under Title 11
of the U.S. Code which is the subject of, or is associated with, a
referral to law enforcement authorities. Records will consist of any
information pertaining to the subject of the referral who may be the
debtor himself, or any other individual associated with the bankruptcy
case who is suspected of having engaged in criminal conduct or having
violated other Federal laws. The information may include the subject's
name, address, date of birth, or social security number; a
chronological account of the incident(s); the source of the
information; names and addresses of witnesses; the law enforcement
agency to whom the referral is made; and the status or final
disposition of the referral. The system may also contain information
about the bankruptcy case with which the subject of the referral is
associated. Such information may include the debtor's name, address,
social security number; case number and case chapter; the trustee's
name, address and phone number; the judge assigned to the case; and
such other case data as may be filed in the records of the court or of
the U.S. Trustee.
Authority for maintenance of the system:
28 U.S.C. 586, 18 U.S.C. 3057.
Purpose(s):
The purposes of this system are to assist the U.S. Trustees: (1) In
supervising the administration of cases and trustees in cases filed
under Chapters 7, 11 and 13 of Title 11, U.S. Code, as codified by
Title I of the Bankruptcy Reform Act of 1978 (11 U.S.C. 101, et seq.);
(2) in carrying out their congressional mandate ``to serve as
bankruptcy watch-dogs to prevent fraud, dishonesty, and overreaching
in the bankruptcy arena'' (H.R. Rep. No. 595, 95th Cong., 2d Sess. 88
(1978)); and (3) in complying with 18 U.S.C. 3057 which directs
trustees to report for investigation any instance where there are
reasonable grounds for believing that there has been a violation of
Federal laws relating to insolvent debtors or reorganization plans.
The U.S. Trustees and EOUST will inform the appropriate law
enforcement authorities when fraud or other violations of Federal law
are suspected or discovered in a bankruptcy case and will maintain
records thereof described under ``Categories of Records in the
System.'' The data will be used for program-wide evaluation purposes,
for statistical purposes, and to track the number, type, and outcome
of cases referred for investigation.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These records may be disclosed 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 privacy or would impede an
ongoing law enforcement proceeding.
These records may be disclosed 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 to
whom the records pertain.
These records may be disclosed to members of the judicial branch of
the Federal Government where disclosure appears relevant to the
authorized function of the recipient judicial office or court system.
These records may be disclosed to any civil or criminal law
enforcement authorities, whether Federal, State, local or foreign, for
investigation of suspected violations of Federal or State laws.
Records may also be disclosed to these law enforcement authorities to
assist in ongoing investigations. These records may be disclosed to
the National Archives and Records Administration (NARA) and the
General Services Administration (GSA) in records management
inspections conducted under the authority of Title 44 of the U.S.
Code.
These records may be disclosed to a trustee in a case filed under
Chapter 7, 11 or 13 of Title 11, U.S. Code, when the U.S. Trustee
determines that the release of information is necessary to enable the
trustee to properly administer the case and to perform the duties and
responsibilities of a case trustee set forth in Title 11 and in 18
U.S.C. 3057.
These records may be disclosed, except when the bankruptcy court has
moved to protect an entity as provided in 11 U.S.C. 107, in a
proceeding before a court or adjudicative body or any proceeding
relevant to the administration of a case filed under Title 11 in which
the U.S. Trustee is authorized to appear when (a) the U.S. Trustee, or
(b) any employee of the U.S. Trustee in his or her official capacity,
or (c) any employee of the U.S. Trustee in his or her individual
capacity, where the Department of Justice has agreed to represent the
employee, or (d) the United States, or any agency or subdivision
thereof, is a party to litigation or has an interest in litigation and
such records are determined by the U.S. Trustee to be arguably
relevant to the litigation.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
All records are stored in paper folders in cabinets. All records are
also stored on computer disks.
Retrievability:
Computerized records will be retrievable by using any one or various
combinations of the assigned case referral number, the judicial
district or U.S. Trustee's field office from which the referral is
generated, the date of the referral, the debtor's name, the case
chapter, the name, social security or employer identification number
and date of birth of the individual who is the subject of the
referral, the subject's relationship to the debtor, the general nature
of the charges and/or the status of the referral. Records stored in
paper folders will be filed chronologically by the case referral
number.
Safeguards:
Paper folders are stored in a file cabinet which is located inside a
room with a bolt lock. The computer disks are located in the same
room. Only those persons with a need to know have access to the
records.
Retention and disposal:
A detailed records retention plan and disposal schedule is being
developed by NARA and EOUST.
System manager(s) and address:
Deputy Director for Legal Services, Executive Office for United States
Trustees, United States Department of Justice, Room 812, 320 First
Street NW, Washington, DC 20530.
Notification procedure:
Address all inquiries to the system manager. These records will be
exempted from subsections (c) (3) and (4); (d); (e) (1), (2) and (3),
(e)(4) (G) and (H), (e) (5) and (8); (f) and (g) of the Privacy Act
pursuant to 5 U.S.C. 552a (j)(2) and (k)(2).
Record access procedures:
Make all requests for access to records from this system in writing to
the system manager and clearly mark both the letter and the envelope
``Privacy Act Request.'' Provide the full name and notarized signature
of the individual who is the subject of the request, and a return
address.
Contesting record procedures:
Make all requests to correct a record in writing to the system
manager. The request must identify the particular record in question,
state the correction sought and set forth the justification for
correcting or contesting it. These procedures are in accordance with
Department regulations (28 CFR 16.50) Federal Register, March 29,
1984, page 12258.
Record source categories:
The records will contain information obtained by or furnished to the
U.S. Trustee or EOUST (1) from Federal or State court records; (2)
from debtors or debtors' principals, agents or representatives; and
(3) from informants and interested third parties.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsections (c) (3)
and (4); (d); (e) (1), (2) and (3), (e)(4) (G) and (H), (e) (5) and
(8); (f) and (g) of the Privacy Act pursuant to 5 U.S.C. 552a (j)(2)
and (k)(2). 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.
JUSTICE/UST-999
System name: U.S. Trustee Appendix 1--List of Record Retention
Addresses:
Executive Office for U.S. Trustees, 320 First Street, NW, HOLC
Building, Room 812, Washington, DC 20530
California, Central District: 300 North Los Angeles, Room 3101,
Federal Building, Los Angeles, California 90012 and Civic Center
Plaza Towers, 600 West Santa Ana Boulevard, Suite 501, Santa Ana,
California 92701
Colorado: 1845 Sherman Street, Room 202, Columbine Building, Denver,
Colorado 80203
Connecticut: James English Building, 105 Court Street, Room 402, New
Haven, Connecticut 06510
Florida, Southern District: Federal Building, 51 Southwest First
Avenue, Room 904, Miami, Florida 33130
Florida, Middle and Northern Districts: One Memorial Center, 4921
Memorial Highway, Suite 340, Tampa, Florida 33634
Georgia, Northern and Middle Districts: Russell Federal Building, 75
Spring Street, SW, Suite 1418, Atlanta, Georgia 30303
Geogia, Southern District: 12 West State Street, PO Box 10487,
Savannah, Georgia 31412
Illinois, Northern District: 175 West Jackson Bouelvard, Room A-
1335, Chicago, Illinois 60604
Iowa, Northern District: The Transportation Center, 426 Second
Street, SE, Room 675, Cedar Rapids, Iowa 52401
Iowa, Southern District: 210 Walnut Street, Suite 517, Des Moines,
Iowa 50309
Kansas: 401 North Market Street, United States Courthouse, Room 501,
Wichita, Kansas 67202
Maine: 66 Pearl Stret, Room 322, Portland, Maine 04101
Maryland: Flllon Federal Building, 31 Hopkins Plaza, Room G-13,
Baltimore, Maryland 21201
Massachusetts, New Hampshire and Rhode Island: Boston Federal Office
Building, 10 Causeway Street, Room 472, Boston, Massachusetts 04101
and 595 Main Street, Worcester, Massachusetts 01601
Minnesota, North Dakota, and South Dakota: 110 South Fourth Street,
Room 550, United States Courthouse, Minneapolis, Minnesota 55401
New Jersey and Delaware: 60 Park Place, Second Floor, Newark, New
Jersey 07102
New Mexico: 320 Central Avenue, SW, Third Floor, Albuquerque, New
Mexico 87103
New York, Southern District: 26 Federal Plaza, Room 306, Federal
Building, New York, New York 10007
New York, Northern District and Vermont: PO Box 465, United States
Post Office and Courthouse, Albany, New York 12201
New York, Western District: 42 Delaware Avenue, Suite 100, Buffalo,
New York 14222 and United States Courthouse, 100 State Street, Room
617, Rochester, New York 14614
New York, Eastern District: 825 East Gate Boulevard, Suite 304,
Garden City, New York 11530
Oklahoma, Western District: United States Courthouse, 201 Dean A.
McGee Avenue, Room 516, Oklahoma City, Oklahoma 73102
Oklahoma, Nortrhern and Eastern Districts: Federal Building, 333
West Forurth Street, Room 3471, Tulsa, Oklahoma 74101
Pennsylvania, Eastern District: United States Customs House, 200
Chestnut Street, Suite 600, Philadelphia, Pennsylvania 10106
Pennsylvania, Western District: Federal Building, 1000 Liberty
Avenue, Room 319, Pittsburgh, Pennsylvania 15222
Pennsylvania, Middle District: Federal Building, 228 Walnut Street,
Room 1160, Post Office Box 1248, Harisburg, Pennsylvania 17108
Puerto Rico and the Virgin Islands: 105D Chardon Street, Room CH-
162, Hato Rey, Puerto Rico 00918
South Carolina: Strom Thurmond Federal Building, 1835 Assembly
Street, Room 1272, Columbia, South Carolina 29201
Texas, Northern District: 1100 Commerce Street, United States
Courthouse, Room 9C60, Dallas, Texas 75242
Texas, Eastern District: Federal Building, 211 West Ferguson, Suite
208, Tyler, Texas 75701
Utah: Federal Office Building, 125 South State Street, Suite 4425,
Salt Lake City, Utah 84138
Virginia, Eastern District: 421 King Street, Room 410, Alexandria,
Virginia 22314 and Federal Building, 200 Granby Mall and City Hall
Avenue, Suite 744, Norfolk, Virginia 23510
Virginia, Western District: Poff Federal Building, 210 Franklin
Road, S.W., Roanoke, Virginia 24011
West Virginia: 22 Capitol Street, First Floor, Charleston, West
Virginia 25301
Wisconsin, Western District: 14 West Mifflin Street, Capitol Square,
Suite 310, Madison, Wisconsin 53703
Wisconsin, Eastern District: Federal Building, 517 East Wisconsin
Avenue, Room 533, Milwaukee, Wisconsin 53202
Wyoming: Federal Office Building, 2121 Capital Avenue, Suite 8010,
Chayenne, Wyoming 82003
PRIVACY ACT RULES
JUSTICE DEPARTMENT
Title 28-Judicial Administration
Chapter I-Department of Justice
PART 16--PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION
Subpart D--Protection of Privacy and Access to Individual Records
Under the Privacy Act of 1974
Source: Order No. 1055-84, 49 FR 12258, Mar. 29, 1984, unless
otherwise noted.
Sec. 16.40 General provisions.
(a) Purpose and scope. This subpart contains the regulations of the
Department of Justice implementing the Privacy Act of 1974, 5 U.S.C.
552a. The regulations apply to all records which are contained in
systems of records maintained by the Department of Justice and which are
retrieved by an individual's name or personal identifier. These
regulations set forth the procedures by which an individual may seek
access under the Privacy Act to records pertaining to him, may request
correction of such records, or may seek an accounting of disclosures of
such records by the Department. These regulations are applicable to each
component of the Department.
(b) Transfer of law enforcement records. The head of a component, or
his designee, is authorized to make written requests under 5 U.S.C.
552a(b)(7) for transfer of records maintained by other agencies which
are necessary to carry out an authorized law enforcement activity of the
component.
(c) Definitions. As used in this subpart, the following terms shall
have the following meanings:
(1) Agency has the meaning given in 5 U.S.C. 551(l) and 5 U.S.C.
552a(a)(1).
(2) Component means each separate bureau, office, board, division,
commission, service, or administration of the Department of Justice.
(3) Record means any item, collection, or grouping of information
about an individual which is maintained by any component within a system
of records and which contains the individual's name, identifying number,
symbol, or other identifying particular assigned to the individual, such
as a fingerprint, voiceprint, or photograph.
(4) Request for access means a request made pursuant to 5 U.S.C.
552a(d)(1).
(5) Request for correction means a request made pursuant to 5 U.S.C.
552a(d)(2).
(6) Request for an accounting means a request made pursuant to 5
U.S.C. 552a(c)(3).
(7) Requester means an individual who makes either a request for
access, a request for correction, or a request for an accounting.
(8) System of records means a group of any records under the control
of any component from which information is retrieved by the name of an
individual or by some identifying number, symbol, or other identifying
particular assigned to that individual.
Sec. 16.41 Requests for access to records.
(a) Procedure for making requests for access to records. An individual
may request access to a record about him by appearing in person or by
writing to the component that maintains the record. (appendix I to this
part lists the components of the Department of Justice and their
addresses. The ``Notice of Records Systems'' published by the National
Archives and Records Service, General Services Administration, describes
the systems of records maintained by all federal agencies, including the
Department and its components.) A requester in need of guidance in
defining his request may write to the FOIA/PA Section, Justice
Management Division, U.S. Department of Justice, 10th Street and
Constitution Avenue, NW., Washington, DC 20530. A request should be
addressed to the component that maintains the requested record. Both the
envelope and the request itself should be marked: ``Privacy Act
Request.'' Requests for certain historical records of the Department
maintained in National Archives and Records Service centers must be
directed to the General Services Administration in accordance with its
regulations.
(b) Description of records sought. A request for access to records
must describe the records sought in sufficient detail to enable
Department personnel to locate the system of records containing the
record with a reasonable amount of effort. Whenever possible, a request
for access should describe the nature of the record sought, the date of
the record or the period in which the record was compiled, and the name
or identifying number of the system of records in which the requester
believes the record is kept. The Notices the Department publishes in the
Federal Register describing its components' systems of records may
require, in appropriate instances, that requests for access to records
describe the records sought with even greater specificity.
(c) Agreement to pay fees. The filing of a request for access to a
record under this subpart shall be deemed to constitute an agreement to
pay all applicable fees charged under Sec. 16.47 up to $25.00. The
component responsible for responding to the request shall confirm this
agreement in its letter of acknowledgment to the requester. When filing
a request, a requester may specify a willingness to pay a greater
amount, if applicable.
(d) Verification of identity. Any individual who submits a request for
access to records must verify his identity in one of the following ways,
unless the notice published in the Federal Register describing the
relevant system of records provides otherwise:
(1) Any requester making a request in writing must state in his
request his full name, current address, and date and place of birth. In
addition, a requester must provide with his request an example of his
signature, which shall be notarized. Sample forms used for such
notarized statement of identity may be obtained from the FOIA/PA
Section, Justice Management Division, U.S. Department of Justice, 10th
Street and Constitution Avenue, NW., Washington, DC 20530. In order to
facilitate the identification and location of the requested records, a
requester may also, at his option, include in his request his Social
Security number.
(2) Any requester submitting a request in person may provide to the
component a form of official photographic identification, such as a
passport or an identification badge. If a requester is unable to produce
a form of photographic identification, he may provide to the component
two or more acceptable forms of identification (such as a driver's
license or credit card) bearing his name and address.
(e) Verification of guardianship. The parent or guardian of a minor
(or the guardian of a person judicially determined to be incompetent)
who submits a request for access to the records of the minor or
incompetent must establish:
(1) His own identity and the identity of he subject of the record, as
required in paragraph (d) of this section,
(2) That the is the parent or guardian of the subject of the record,
which may be proved by providing a copy of the subject's birth
certificate showing parentage or by providing a court order establishing
the guardianship, and
(3) That he seeks to act on behalf of the subject of the record.
Sec. 16.42 Responses by components to requests for access to
records.
(a) In general. Except as otherwise provided in this section, the
component that: (1) First receives a request for access to a record, and
(2) has possession of the requested record is the component ordinarily
responsible for responding to the request.
(b) Authority to grant or deny requests. The head of a component, or
his designee, is authorized to grant or deny any request for access to a
record of that component.
(c) Initial action by the receiving component. When a component
receives a request for access to a record in its possession, the
component shall promptly determine whether another component, or another
Government agency, is better able to determine whether the record is
exempt, to any extent, from access. If the receiving component
determines that it is the component or agency best able to determine
whether the record is exempt, to any extent, from access, then the
receiving component shall respond to the request. If the receiving
component determines that it is not the component or agency best able to
determine whether or not the record is exempt from access, the receiving
component shall respond to the request, after consulting with the
component or agency best able to determine whether or not the record is
exempt from access. Under ordinary circumstances, the component or
agency that generated or originated a requested record shall be presumed
to be the component or agency best able to determine whether or not the
record is exempt from access. However, nothing in this section shall
prohibit a component that generated or originated a requested record
from consulting with another component or agency, if the component that
generated or originated the requested record determines that the other
component or agency has an interest in the requested record or the
information contained therein.
(d) Law enforcement information. Whenever a request for access is made
for a record containing information which relates to an investigation of
a possible violation of criminal law or to a criminal law enforcement
proceeding and which was generated or originated by another component or
agency, the receiving component shall consult with that other component
or agency, as appropriate.
(e) Classified information. Whenever a request for access is made for
a record containing information which has been classified, or which may
be eligible for classification, by another component or agency under the
provision of Executive Order 12356 or any other Executive order
concerning the classification of records, the receiving component shall
refer the responsibility for responding to the request to the component
or agency that classified the information or should consider the
information for classification. Whenever a record contains information
that has been derivatively classified by a component because it contains
information classified by another component or agency, the component
shall refer the responsibility for responding to the request to the
component or agency that classified the underlying information; however,
such referral shall extend only to the information classified by the
other component or agency.
(f) Agreements regarding consultations. No provision of this section
shall preclude formal or informal agreements between components, or
between a component and another agency, to eliminate the need for
consultations concerning requests or classes of requests.
(g) Processing of requests for access not properly addressed. A
request for access that is not properly addressed as specified in
Sec. 16.41(a) of this subpart shall be forwarded to the FOIA/PA Section,
Justice Management Division, which shall forward the request to the
appropriate component or components for processing. A request not
addressed to the appropriate component will be deemed not to have been
received by the Department until the FOIA/PA Section has forwarded the
request to the appropriate component and that component has received the
request, or until the request would have been so forwarded and received
with the exercise of reasonable diligence by Department personnel. A
component receiving an improperly addressed request from the FOIA/PA
Section shall notify the requester of the date on which it received the
request.
(h) Date for determining responsive records. In determining records
responsive to a request for access, a component ordinarily will include
only those records within the component's possession and control as of
the date of its receipt of the request.
Sec. 16.43 Form and content of component responses.
(a) Form of notice granting request for access. After a component has
made a determination to grant a request for access in whole or in part,
the component shall so notify the requester in writing. The notice shall
describe the manner in which access to the record will be granted and
shall inform the requester of any fees to be charged in accordance with
Sec. 16.47 of this subpart.
(b) Form of notice denying request for access. A component denying a
request for access in whole or in part shall so notify the requester in
writing. The notice shall be signed by the head of the responsible
component, or his designee, and shall include:
(1) The name and title or position of the person responsible for the
denial;
(2) A brief statement of the reason or reasons for the denial,
including the Privacy Act exemption or exemptions which the component
has relied upon in denying the request and a brief explanation of the
manner in which the exemption or exemptions apply to each record
withheld; and
(3) A statement that the denial may be appealed under Sec. 16.48(a) of
this subpart, and a description of the requirements of that subsection.
(c) Record cannot be located or has been destroyed. If a requested
record cannot be located from the information supplied, or is known or
believed to have been destroyed or otherwise disposed of, the component
shall so notify the requester in writing.
(d) Medical records. When an individual requests medical records
pertaining to himself which are not otherwise exempt from individual
access, the component may advise the individual that the records will be
provided only to a physician, designated by the individual, who requests
the records and establishes his identity in writing. The designated
physician shall determine which records should be provided to the
individual and which records should not be disclosed to the individual
because of possible harm to the individual or another person.
Sec. 16.44 Classified information.
In processing a request for access to a record containing information
that is classified or classifiable under Executive Order 12356 or any
other Executive order concerning the classification of records, a
component shall review the information to determine whether it warrants
classification. Information which does not warrant classification shall
not be withheld from a requester on the basis of 5 U.S.C. 552a(k)(1).
The Office of Information and Privacy shall, upon receipt of any appeal
involving classified or classifiable information, take appropriate
action to ensure compliance with part 17 of this chapter.
Sec. 16.45 Records in exempt systems of records.
(a) Law enforcement records exempted under subsection (k)(2). Before
denying a request by an individual for access to a law enforcement
record which has been exempted from access pursuant to 5 U.S.C.
552a(k)(2), the component must review the requested record to determine
whether information in the record has been used or is being used to deny
the individual any right, privilege, or benefit for which he is eligible
or to which he would otherwise be entitled under federal law. If so, the
component shall notify the requester of the existence of the record and
disclose such information to the requester, except to the extent that
the information would identify a confidential source. In cases where
disclosure of information in a law enforcement record could reasonably
be expected to identify a confidential source, the record shall not be
disclosed to the requester unless the component is able to delete from
such information all material which would identify the confidential
source.
(b) Employee background investigations. When a requester requests
access to a record pertaining to a background investigation and the
record has been exempted from access pursuant to 5 U.S.C. 552a(k)(5),
the record shall not be disclosed to the requester unless the component
is able to delete from such record all information which would identify
a confidential source.
Sec. 16.46 Access to records.
(a) Manner of access. A component that has made a determination to
grant a request for access shall grant the requester access to the
requested record either by: (1) Providing the requester with a copy of
the record or (2) making the record available for inspection by the
requester at a reasonable time and place. The component shall in either
case charge the requester applicable fees in accordance with the
provisions of Sec. 16.47 of this subpart. If a component provides access
to a record by making the record available for inspection by the
requester, the manner of such inspection shall not unreasonably disrupt
the operations of the component.
(b) Accompanying person. A requester appearing in person to review his
records may be accompanied by another individual of his own choosing.
Both the requester and the accompanying person shall be required to sign
a form stating that the Department of Justice is authorized to disclose
the record in the presence of both individuals.
Sec. 16.47 Fees for access to records.
(a) When charged. A component shall charge fees pursuant to 31 U.S.C.
9701 and 5 U.S.C. 552a(f)(5) for the copying of records to afford access
to individuals unless the component, in its discretion, waives or
reduces the fees for good cause shown. A component shall charge fees
only at the rate of $0.10 per page. For materials other than paper
copies, the component may charge the direct costs of reproduction, but
only if the requester has been notified of such costs before they are
incurred. Fees shall not be charged where they would amount, in the
aggregate, for one request or for a series of related requests, to less
than $3.00. However, a component may, in its discretion, increase the
amount of this minimum fee.
(b) Notice of estimated fees in excess of $25. When a component
determines or estimates that the fees to be charged under this section
may amount to more than $25, the component shall notify the requester as
soon as practicable of the actual or estimated amount of the fee, unless
the requester has indicated in advance his willingness to pay a fee as
high as that anticipated. (If only a portion of the fee can be estimated
readily, the component shall advise the requester that the estimated fee
may be only a portion of the total fee.) Where the estimated fee exceeds
$25 and a component has so notified the requester, the component will be
deemed not to have received the request for access to records until the
requester has agreed to pay the anticipated fee. A notice to a requester
pursuant to this paragraph shall offer him the opportunity to confer
with Department personnel with the object of reformulating his request
to meet his needs at a lower cost.
(c) Form of payment. Requesters must pay fees by check or money order
made payable to the Treasury of the United States.
(d) Advance deposits. (1) Where the estimated fee chargeable under
this section exceeds $25, a component may require a requester to make an
advance deposit of 25 percent of the estimated fee or an advance payment
of $25, whichever is greater.
(2) Where a requester has previously failed to pay a fee charged under
this part, the requester must pay the component or the Department the
full amount owed and make an advance deposit of the full amount of any
estimated fee before a component shall be required to process a new or
pending request for access from that requester.
Sec. 16.48 Appeals from denials of access.
(a) Appeals to the Attorney General. When a component denies in whole
or in part a request for access to records, the requester may appeal the
denial to the Attorney General within 30 days of his receipt of the
notice denying his request. An appeal to the Attorney General shall be
made in writing, addressed to the Office of Information and Privacy,
U.S. Department of Justice, 10th Street and Constitution Avenue, NW.,
Washington, DC 20530. Both the envelope and the letter of appeal itself
must be clearly marked: ``Privacy Act Appeal.'' An appeal not so
addressed and marked shall be forwarded to the Office of Information and
Privacy as soon as it is identified as an appeal under the Privacy Act.
An appeal that is improperly addressed shall be deemed not to have been
received by the Department until the Office of Information and Privacy
receives the appeal, or until the appeal would have been so received
with the exercise of reasonable diligence by Department personnel.
(b) Action on appeals by the Office of Information and Privacy. Unless
the Attorney General otherwise directs, the Director, Office of
Information and Privacy, under the supervision of the Assistant Attorney
General, Office of Legal Policy, shall act on behalf of the Attorney
General on all appeals under this section, except that:
(1) In the case of a denial of a request for access by the Assistant
Attorney General, Office of Legal Policy, the Attorney General or his
designee shall act on the appeal, and
(2) A denial of a request for access by the Attorney General shall
constitute the final action of the Department on that request.
(c) Form of action on appeal. The disposition of an appeal shall be in
writing. A decision affirming in whole or in part the denial of a
request for access shall include a brief statement of the reason or
reasons for the affirmance, including each Privacy Act exemption relied
upon and its relation to each record withheld, and a statement that
judicial review of the denial is available in the U.S. District Court
for the judicial district in which the requester resides or has his
principal place of business, the judicial district in which the
requested records are located, or the District of Columbia. If the
denial of a request for access is reversed on appeal, the requester
shall be so notified and the request shall be processed promptly in
accordance with the decision on appeal.
Sec. 16.49 Preservation of records.
Each component shall preserve all correspondence relating to the
requests it receives under this subpart, and all records processed
pursuant to such requests, until such time as the destruction of such
correspondence and records is authorized pursuant to title 44 of the
U.S. Code. Under no circumstances shall records be destroyed while they
are the subject of a pending request for access, appeal, or lawsuit
under the Act.
Sec. 16.50 Requests for correction of records.
(a) How made. Unless a record is exempted from correction and
amendment, an individual may submit a request for correction of a record
pertaining to him. A request for correction must be made in writing and
must be addressed to the component that maintains the record. (appendix
I to this part lists the components of the Department and their
addresses.) The request must identify the particular record in question,
state the correction sought, and set forth the justification for the
correction. Both the envelope and the request for correction itself must
be clearly marked: ``Privacy Act Correction Request.'' If a requester
believes that the same record appears in more than one system of
records, he should address his request for correction to each component
that controls a system of records which contains the record.
(b) Initial determination. Within 10 working days of receiving a
request for correction, a component shall notify the requester whether
his request will be granted or denied, in whole or in part. If the
component grants the request for correction in whole or in part, it
shall advise the requester of his right to obtain a copy of the
corrected record, in releasable form, upon request. If the component
denies the request for correction in whole or in part, it shall notify
the requester in writing of the denial. The notice of denial shall state
the reason or reasons for the denial and advise the requester of his
right to appeal.
(c) Appeals. When a request for correction is denied in whole or in
part, the requester may appeal the denial to the Attorney General within
30 days of his receipt of the notice denying his request. An appeal to
the Attorney General shall be made in writing, shall set forth the
specific item of information sought to be corrected, and shall include
any documentation said to justify the correction. An appeal shall be
addressed to the Office of Information and Privacy, U.S. Department of
Justice, 10th Street and Constitution Avenue, NW., Washington, DC 20530,
unless the appeal is from a denial by the Assistant Attorney General,
Office of Legal Policy, in which case the appeal shall be addressed to
the Attorney General, at the same address. Both the envelope and the
letter of appeal itself must be clearly marked: ``Privacy Act Correction
Appeal.''
(d) Determination on appeal. The Director, Office of Information and
Privacy, under the supervision of the Assistant Attorney General, Office
of Legal Policy, or the Attorney General in appropriate cases, shall
decide all appeals from denials of requests to correct records. All such
appeals shall be decided within 30 working days of receipt of the
appeal, unless there is good cause to extend this period. If the denial
of a request is affirmed on appeal, the requester shall be so notified
in writing and advised of: (1) The reason or reasons the denial has been
affirmed, (2) the requester's right to file a Statement of Disagreement,
as provided in paragraph (e) of this section, and (3) the requester's
right to obtain judicial review of the denial in the U.S. District Court
for the judicial district in which the requester resides or has his
principal place of business, the judicial district in which the record
is located, or the District of Columbia. If the denial is reversed on
appeal, the requester shall be so notified and the request for
correction shall be remanded to the component that denied the request
for processing in accordance with the decision on appeal.
(e) Statements of disagreement. A requester whose appeal under this
section is denied shall have the right to file a Statement of
Disagreement with the Office of Information and Privacy, 10th Street and
Constitution Avenue, NW., Washington, DC 20530, within 30 days of
receiving notice of denial of his appeal. Statements of Disagreement may
not exceed one typed page per fact disputed. Statements exceeding this
limit shall be returned to the requester for condensation. Upon receipt
of a Statement of Disagreement under this section, the Director, Office
of Information and Privacy, shall have the statement included in the
system of records in which the disputed record is maintained and shall
have the disputed record marked so as to indicate (1) that a Statement
of Disagreement has been filed, and (2) where in the system of records
the Statement may be found.
(f) Notices of correction or disagreement. Within 30 working days of
the correction of a record, the component that maintains the record
shall advise all components or agencies to which it previously disclosed
the record that the record has been corrected. Whenever an individual
has filed a Statement of Disagreement, a component shall append a copy
of the Statement to the disputed record whenever the record is
disclosed. The component may also append to the disputed record any
written statement it has made giving the component's reasons for denying
the request to correct the record.
Sec. 16.51 Records not subject to correction.
The following records are not subject to correction or amendment as
provided in Sec. 16.50 of this subpart:
(a) Transcripts of testimony given under oath or written statements
made under oath;
(b) Transcripts of grand jury proceedings, judicial proceedings, or
quasi-judicial proceedings which constitute the official record of such
proceedings;
(c) Presentence reports which are the property of the courts, but are
maintained by a component in a system of records; and
(d) Records duly exempted from correction pursuant to 5 U.S.C. 552a(j)
or 552a(k) by notice published in the Federal Register.
Sec. 16.52 Request for accounting of record disclosures.
(a) An individual may request a component that maintains a record
pertaining to him to provide him with an accounting of those other
agencies to which the component has disclosed the record, and the date,
nature, and purpose of each disclosure. A request for an accounting must
be made in writing and must identify the particular record for which the
accounting is requested. The request also must be addressed to the
component that maintains the particular record, and both the envelope
and the request itself must clearly be marked: ``Privacy Act Accounting
Request.'' (appendix I to this part lists the components of the
Department and their addresses.)
(b) Components shall not be required to provide an accounting to an
individual to the extent that the accounting relates to:
(1) Records for which no accounting must be kept pursuant to 5 U.S.C.
552a(c)(1),
(2) Disclosures of records to law enforcement agencies for lawful law
enforcement activities, pursuant to written requests from such law
enforcement agencies specifying records sought and the law enforcement
activities for which the records are sought, under 5 U.S.C. 552a(c)(3)
and (b)(7), or
(3) Records for which an accounting need not be disclosed pursuant to
5 U.S.C. 552a (j) or (k).
(c) A denial of a request for an accounting may be appealed to the
Attorney General in the same manner as a denial of a request for access,
with both the envelope and the letter of appeal itself clearly marked:
``Privacy Act Accounting Appeal.''
Sec. 16.53 Notice of subpoenas and emergency disclosures.
(a) Subpoenas. When records pertaining to an individual are subpoenaed
by a grand jury, court, or quasi-judicial authority, the official served
with the subpoena shall be responsible for ensuring that written notice
of its service is forwarded to the individual. Notice shall be provided
within 10 working days of the service of the subpoena or, in the case of
a grand jury subpoena, within 10 working days of its becoming a matter
of public record. Notice shall be mailed to the last known address of
the individual and shall contain the following information: The date the
subpoena is returnable, the court or quasi-judicial authority to which
it is returnable, the name and number of the case or proceeding, and the
nature of the records sought. Notice of the service of a subpoena is not
required if the system of records has been exempted from the notice
requirement of 5 U.S.C. 522a(e)(8), pursuant to 5 U.S.C. 552a(j), by a
Notice of Exemption published in the Federal Register.
(b) Emergency disclosures. If the record of an individual has been
disclosed to any person under compelling circumstances affecting the
health or safety of any person, as described in 5 U.S.C. 552a(b)(8), the
individual to whom the record pertains shall be notified of the
disclosure at his last known address within 10 working days. The notice
of such disclosure shall be in writing and shall state the nature of the
information disclosed, the person or agency to whom it was disclosed,
the date of disclosure, and the compelling circumstances justifying the
disclosure. The officer who made or authorized the disclosure shall be
responsible for providing such notification.
Sec. 16.54 Security of systems of records.
(a) The Assistant Attorney General for Administration, Justice
Management Division, shall be responsible for issuing regulations
governing the security of systems of records. To the extent that such
regulations govern the security of automated systems of records, the
regulations shall be consistent with the guidelines developed by the
National Bureau of Standards.
(b) Each component shall establish administrative and physical
controls to prevent unauthorized access to its systems of records, to
prevent the unauthorized disclosure of records, and to prevent the
physical damage or destruction of records. The stringency of such
controls shall reflect the sensitivity of the records the controls
protect. At a minimum, however, each component's administrative and
physical controls shall ensure that:
(1) Records are protected from public view,
(2) The area in which records are kept is supervised during business
hours to prevent unauthorized persons from having access to the records,
and
(3) Records are inaccessible to unauthorized persons outside of
business hours.
(c) Each component shall establish rules restricting access to records
to only those individuals within the Department who must have access to
such records in order to perform their duties. Each component also shall
adopt procedures to prevent the accidental disclosure of records or the
accidental granting of access to records.
Sec. 16.55 Contracting record systems.
(a) No component of the Department shall contract for the operation of
a record system by or on behalf of the Department without the express
approval of the Attorney General, the Deputy Attorney General, or the
Assistant Attorney General for Administration.
(b) Any contract which is approved shall contain the standard contract
requirements promulgated by the General Services Administration to
ensure compliance with the requirements imposed by the Privacy Act. The
contracting component shall have responsibility for ensuring that the
contracter complies with the contract requirements relating to privacy.
Sec. 16.56 Use and collection of social security numbers.
(a) Each system manager of a system of records which utilizes Social
Security numbers as a method of identification without statutory
authorization, or authorization by regulation adopted prior to January
1, 1975, shall take steps to revise the system to avoid future
collection and use of the Social Security numbers.
(b) The head of each component shall take such measures as are
necessary to ensure that employees authorized to collect information
from individuals are advised that individuals may not be required to
furnish Social Security numbers without statutory or regulatory
authorization and that individuals who are requested to provide Social
Security numbers voluntarily must be advised that furnishing the number
is not required and that no penalty or denial of benefits will flow from
the refusal to provide it.
Sec. 16.57 Employee standards of conduct.
(a) Each component shall inform its employees of the provisions of the
Privacy Act, including the Act's civil liability and criminal penalty
provisions. Each component also shall notify its employees that they
have a duty to:
(1) Protect the security of records,
(2) Ensure the accuracy, relevance, timeliness, and completeness of
records,
(3) Avoid the unauthorized disclosure, either verbal or written, of
records, and
(4) Ensure that the component maintains no system of records without
public notice.
(b) Except to the extent that the Privacy Act permits such activities,
an employee of the Department of Justice shall:
(1) Not collect information of a personal nature from individuals
unless the employee is authorized to collect such information to perform
a function or discharge a responsibility of the Department;
(2) Collect from individuals only that information which is necessary
to the performance of the functions or to the discharge of the
responsibilities of the Department;
(3) Collect information about an individual directly from that
individual, whenever practicable;
(4) Inform each individual from whom information is collected of:
(i) The legal authority that authorizes the Department to collect such
information,
(ii) The principal purposes for which the Department intends to use
the information,
(iii) The routine uses the Department may make of the information, and
(iv) The practical and legal effects upon the individual of not
furnishing the information;
(5) Maintain all records which are used by the agency in making any
determination about any individual with such accuracy, relevance,
timeliness, and completeness as to ensure fairness to the individual in
the determination;
(6) Except as to disclosures to an agency or pursuant to 5 U.S.C.
552a(b)(2), make reasonable efforts, prior to disseminating any record
about an individual, to ensure that such records are accurate, relevant,
timely, and complete;
(7) Maintain no record concerning an individual's religious or
political beliefs or activities, or his membership in associations or
organizations, unless:
(i) The individual has volunteered such information for his own
benefit,
(ii) A statute expressly authorizes the Department to collect,
maintain, use, or disseminate the information, or
(iii) The individual's beliefs, activities, or membership are
pertinent to and within the scope of an authorized law enforcement or
correctional activity;
(8) Notify the head of the component of the existence or development
of any system of records that has not been disclosed to the public;
(9) When required by the Act, maintain an accounting in the prescribed
form of all disclosures of records by the Department to agencies or
individual's whether verbally or in writing;
(10) Disclose no record to anyone, except a component, for any use,
unless authorized by the Act;
(11) Maintain and use records with care to prevent the inadvertent
disclosure of a record to anyone; and
(12) Notify the head of the component of any record that contains
information that the Act or the foregoing provisions of this paragraph
do not permit the Department to maintain.
(c) Not less than once each year, the head of each component shall
review the systems of records maintained by that component to ensure
that the component is in compliance with the provisions of the Privacy
Act.
Sec. 16.58 Other rights and services.
Nothing in this subpart shall be construed to entitle any person, as
of right, to any service or to the disclosure of any record to which
such person is not entitled under 5 U.S.C. 552a.
Appendix A to Subpart D--Delegation of Authority
1. By virtue of the authority vested in me by Sec. 16.45 of title 28
of the Code of Federal Regulations, the authority to deny requests under
the Privacy Act of 1974 is delegated to the occupant of the position of
Chief, Freedom of Information-Privacy Acts Section, Records Management
Division, Federal Bureau of Investigation. This same authority is
delegated to the occupant of the position of Special Agent in Charge of
each of the field offices of the Federal Bureau of Investigation for
records in their custody and control.
2. This directive is effective June 9, 1981.
[46 FR 36140, July 14, 1981, as amended at 49 FR 11625, Mar. 27, 1984]
Appendix B to Subpart D--Delegation of Authority
(a) By virtue of the authority vested in me by Sec. 16.45(a) of title
28 of the Code of Federal Regulations, I hereby delegate authority to
the United States Attorney for the District of Columbia to:
(1) Respond initially to requests;
(2) Grant and deny access to records;
(3) Communicate directly with the Office of Information and Privacy
concerning administrative appeals; and
(4) Prepare affidavits, litigation reports, and other necessary
documents in preparation for civil litigation in suits pursuant to 5
U.S.C. 552a(g)(1)(B).
(b) This authority is limited to those records which are in the
systems of records under the custody and control of the United States
Attorney for the District of Columbia. The authority delegated herein
may be redelegated.
(c) This directive is effective immediately.
[49 FR 11625, Mar. 27, 1984]
Subpart E--Exemption of Records Systems Under the Privacy Act
Source: Order No. 645-76, 41 FR 12640, Mar. 26, 1976, unless otherwise
noted.
Sec. 16.70 Exemption of the Office of the Attorney General System--
limited access.
(a) The following system of records is exempt from 5 U.S.C. 552a(c)
(3) and (4); (d); (e) (1), (2) and (3), (e)(4) (G) and (H), (e)(5); and
(g):
(1) General Files System of the Office of the Attorney General
(JUSTICE/OAG-001).
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).
(b) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (c)(3) because making available to a record
subject the accounting of disclosures from records concerning him/her
would reveal investigative interest on the part of the Department of
Justice as well as the recipient agency. This would permit record
subjects to impede the investigation, e.g., destroy evidence, intimidate
potential witnesses, or flee the area to avoid inquiries or apprehension
by law enforcement personnel.
(2) From subsection (c)(4) because this system is exempt from the
access provisions of subsection (d) pursuant to subsections (j) and (k)
of the Privacy Act.
(3) From subsection (d) because the records contained in this system
relate to official Federal investigations. Individual access to these
records might compromise ongoing investigations, reveal confidential
informants or constitute unwarranted invasions of the personal privacy
of third parties who are involved in a certain investigation. Amendment
of the records would interfere with ongoing criminal law enforcement
proceedings and impose an impossible administrative burden by requiring
criminal investigations to be continuously reinvestigated.
(4) From subsections (e) (1) and (5) because in the course of law
enforcement investigations, information may occasionally be obtained or
introduced the accuracy of which is unclear or which is not strictly
relevant or necessary to a specific investigation. In the interests of
effective law enforcement, it is appropriate to retain all information
that may aid in establishing patterns of criminal activity. Moreover, it
would impede the specific investigative process if it were necessary to
assure the relevance, accuracy, timeliness and completeness of all
information obtained.
(5) From subsection (e)(2) because in a law enforcement investigation
the requirement that information be collected to the greatest extent
possible from the subject individual would present a serious impediment
to law enforcement in that the subject of the investigation would be
informed of the existence of the investigation and would therefore be
able to avoid detection, apprehension, or legal obligations of duties.
(6) From subsection (e)(3) because to comply with the requirements of
this subsection during the course of an investigation could impede the
information gathering process, thus hampering the investigation.
(7) From subsections (e)(4) (G) and (H) because this system is exempt
from the access provisions of subsection (d) pursuant to subsections (j)
and (k) of the Privacy Act.
(8) From subsection (g) because this system is exempt from the access
and amendment provisions of subsection (d) pursuant to subsections (j)
and (k) of the Privacy Act.
[Order No. 31-85, 51 FR 751, Jan. 8, 1986]
Sec. 16.71 Exemption of the Office of the Deputy Attorney General
System--limited access.
(a) The following systems of records and exempt from 5 U.S.C.
552a(d)(1) and (e)(1):
(1) Presidential Appointee Candidate Records System (JUSTICE/DAG-006).
(2) Presidential Appointee Records System (JUSTICE/DAG-007).
(3) Special Candidates for Presidential Appointments Records System
(JUSTICE/DAG-008).
(4) Miscellaneous Attorney Personnel Records System (JUSTICE/DAG-011).
These exemptions apply only to the extent that information in these
systems is subject to exemption pursuant to 5 U.S.C. 552a(k)(5).
(b) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (d)(1) because many persons are contacted who,
without an assurance of anonymity, refuse to provide information
concerning a candidate for a Presidential appointee or Department
attorney position. Access could reveal the identity of the source of the
information and constitute a breach of the promise of confidentiality on
the part of the Department of Justice. Such breaches ultimately would
restrict the free flow of information vital to a determination of a
candidate's qualifications and suitability.
(2) From subsection (e)(1) because in the collection of information
for investigative and evaluative purposes, it is impossible to determine
in advance what exact information may be of assistance in determining
the qualifications and suitability of a candidate. Information which may
appear irrelevant, when combined with other seemingly irrelevant
information, can on occasion provide a composite picture of a candidate
for a position which assists in determining whether that candidate
should be nominated for appointment.
(c) The following systems of records are exempt from 5 U.S.C.
552a(c)(3) and (4); (d); (e)(1), (2), (3) and (5); and (g):
(1) Drug Enforcement Task Force Evaluation and Reporting System
(JUSTICE/DAG-003).
(2) General Files System of the Office of the Deputy Attorney General
(JUSTICE/DAG-013).
(d) In addition, the Drug Enforcement Task Force Evaluation and
Reporting System is exempt from 5 U.S.C. 552a(e)(4)(G) and (H). The
exemptions for the Drug Enforcement Task Force Evaluation and Reporting
System apply only to the extent that information is subject to exemption
pursuant to 5 U.S.C. 552a(j)(2) and (K)(2). The exemptions for the
General Files System apply only to the extent that information is
subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(1), (k)(2) and
(k)(5).
(e) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (c)(3) because making available to a record
subject the accounting of disclosures from records concerning him/her
could reveal investigative interest on the part of the Department of
Justice, as well as the recipient agency. This would permit record
subjects to impede the investigation, e.g., destroy evidence, intimidate
potential witnesses, or flee the area to avoid inquiries or apprehension
by law enforcement personnel. Further, making available to a record
subject the accounting of disclosures could reveal the identity of a
confidential source. In addition, release of an accounting of
disclosures from the General Files System may reveal information that is
properly classified pursuant to Executive Order 12356, and thereby cause
damage to the national security.
(2) From subsection (c)(4) because these systems are exempt from the
access provisions of subsection (d) pursuant to subsections (j) and (k)
of the Privacy Act.
(3) From subsection (d) because the records contained in these systems
relate to official Federal investigations. Individual access to these
records could compromise ongoing investigations, reveal confidential
informants and/or sensitive investigative techniques used in particular
investigations, or constitute unwarranted invasions of the personal
privacy of third parties who are involved in a certain investigation. In
addition, release of records from the General Files System may reveal
information that is properly classified pursuant to Executive Order
12356, and thereby cause damage to the national security. Amendment of
the records in either of these systems would interfere with ongoing law
enforcement proceedings and impose an impossible administrative burden
by requiring law enforcement investigations to be continuously
reinvestigated.
(4) From subsections (e)(1) and (e)(5) because in the course of law
enforcement investigations information may occasionally be obtained or
introduced the accuracy of which is unclear or which is not strictly
relevant or necessary to a specific investigation. In the interests of
effective law enforcement, it is appropriate to retain all information
that may aid in establishing patterns of criminal activity. Moreover, it
would impede any investigative process, whether civil or criminal, if it
were necessary to assure the relevance, accuracy, timeliness and
completeness of all information obtained.
(5) From subsection (e)(2) because in a law enforcement investigation
the requirement that information be collected to the greatest extent
possible from the subject individual would present a serious impediment
to law enforcement in that the subject of the investigation would be
informed of the existence of the investigation and may therefore be able
to avoid detection, apprehension, or legal obligations or duties.
(6) From subsection (e)(3) because to comply with the requirements of
this subsection during the course of an investigation could impede the
information gathering process, thus hampering the investigation.
(7) From subsections (e)(4) (G) and (H) because no access to these
records is available under subsection (d) of the Privacy Act. (This
exemption applies only to the Drug Enforcement Task Force Evaluation and
Reporting System.)
(8) From subsection (g) because these systems of records are exempt
from the access and amendment provisions of subsection (d) pursuant to
subsections (j) and (k) of the Privacy Act.
[Order No. 57-91, 56 FR 58305, Nov. 19, 1991]
Sec. 16.72 Exemption of Office of the Associate Attorney General
System--limited access.
(a) The following system of records is exempt from 5 U.S.C. 552a(c)
(3) and (4); (d); (e)(1), (2), (3) and (5); and (g):
(1) General Files System of the Office of the Associate Attorney
General (JUSTICE/AAG-001).
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).
(b) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (c)(3) because making available to a record
subject the accounting of disclosures from records concerning him/her
could reveal investigative interest on the part of the Department of
Justice, as well as the recipient agency. This would permit record
subjects to impede the investigation, e.g., destroy evidence, intimidate
potential witnesses, or flee the area to avoid inquiries or apprehension
by law enforcement personnel. Further, making available to a record
subject the accounting of disclosures could reveal the identity of a
confidential source. In addition, release of an accounting of
disclosures may reveal information that is properly classified pursuant
to Executive Order 12356, and thereby cause damage to the national
security.
(2) From subsection (c)(4) because this system is exempt from the
access provisions of subsection (d) pursuant to subsections (j)(2),
(k)(1), (k)(2) and (k)(5) of the Privacy Act.
(3) From subsection (d) because the records contained in this system
relate to official Federal investigations. Individual access to these
records could compromise ongoing investigations, reveal confidential
informants and/or sensitive investigative techniques used in particular
investigations, or constitute unwarranted invasions of the personal
privacy of third parties who are involved in a certain investigation. In
addition, release of these records may reveal information that is
properly classified pursuant to Executive Order 12356, and thereby cause
damage to the national security. Amendment of the records in this system
would interfere with ongoing law enforcement proceedings and impose an
impossible administrative burden by requiring law enforcement
investigations to be continuously reinvestigated.
(4) From subsections (e)(1) and (e)(5) because in the course of law
enforcement investigations information may occasionally be obtained or
introduced the accuracy of which is unclear or which is not strictly
relevant or necessary to a specific investigation. In the interests of
effective law enforcement, it is appropriate to retain all information
that may aid in establishing patterns of criminal activity. Moreover, it
would impede any investigative process, whether civil or criminal, if it
were necessary to assure the relevance, accuracy, timeliness and
completeness of all information obtained.
(5) From subsection (e)(2) because in a law enforcement
investigation the requirement that information be collected to the
greatest extent possible from the subject individual would present a
serious impediment to law enforcement in that the subject of the
investigation would be informed of the existence of the investigation
and may therefore be able to avoid detection, apprehension, or legal
obligations or duties.
(6) From subsection (e)(3) because to comply with the requirements
of this subsection during the course of an investigation could impede
the information gathering process, thus hampering the investigation.
(7) From subsection (g) because this system of records is exempt
from the access and amendment provisions of subsection (d) pursuant to
subsections (j)(2), (k)(1), (k)(2) and (k)(5) of the Privacy Act.
[Order No. 57-91, 56 FR 58305, Nov. 19, 1991]
Sec. 16.73 Exemption of Office of Legal Policy System--limited access.
(a) The following system of records is exempt from 5 U.S.C 552a
(d)(1), (2), (3) and (4); (e)(1) and (2), (e)(4)(G) and (H), (e)(5); and
(g):
(1) Freedom of Information and Privacy Appeals Index (JUSTICE/OLP-
001).
These exemptions apply only to the extent that information in this
system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(2)
and (k)(5).
(b) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsections (d)(1), (2), (3), and (4) to the extent that
information in this record system relates to official Federal
investigations and matters of law enforcement. Individual access to
these records might compromise ongoing investigations, reveal
confidential informants or constitute unwarranted invasions of the
personal privacy of third parties who are involved in a certain
investigation. Amendment of the records would interfere with ongoing
criminal law enforcement proceedings and impose an impossible
administrative burden by requiring criminal investigations to be
continuously reinvestigated.
(2) From subsections (e)(1) and (5) because in the course of law
enforcement investigations, information may occasionally be obtained or
introduced the accuracy of which is unclear or which is not strictly
relevant or necessary to a specific investigation. In the interests of
effective law enforcement, it is appropriate to retain all information
that may aid in establishing patterns of criminal activity. Moreover, it
would impede the specific investigative process if it were necessary to
assure the relevance, accuracy, timeliness, and completeness of all
information obtained.
(3) From subsection (e)(2) because in a law enforcement
investigation the requirement that information be collected to the
greatest extent possible from the subject individual would present a
serious impediment to law enforcement in that the subject of the
investigation would be informed of the existence of the investigation
and would therefore be able to avoid detection, apprehension, or legal
obligations or duties.
(4) From subsections (e)(4)(G) and (H) because this system is exempt
from the access provisions of subsection (d) pursuant to subsections (j)
and (k) of the Privacy Act.
(5) From subsection (g) because this system is exempt from the
access provisions of subsection (d) pursuant to subsections (j) and (k)
of the Privacy Act.
(c) The following system of records is exempt from 5 U.S.C.
552a(d)(1) and (e)(1):
(1) U.S. Judges Records System (JUSTICE/OLP-002).
These exemptions apply to the extent that information in this system is
subject to exemption pursuant to 5 U.S.C. 552a(k)(5).
(d) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (d)(1) because many persons are contracted who,
without an assurance of anonymity, refuse to provide information
concerning a candidate for a judgeship. Access could reveal the identity
of the source of the information and constitute a breach of the promised
confidentiality on the part of the Department. Such breaches ultimately
would restrict the free flow of information vital to the determination
of a candidate's qualifications and suitability.
(2) From subsection (e)(1) because in the collection of information
for investigative and evaluative purposes, it is impossible to determine
advance what exact information may be of assistance in determining the
qualifications and suitability of a candidate. Information which may
seem irrelevant, when combined with other seemingly irrelevant
information, can on occasion provide a composite picture of a candidate
which assists in determining whether that candidate should be nominated
for appointment.
(e) The following system of records is exempt from U.S.C. 552a(c)
(3) and (4); (d); (e)(1), (2) and (3), (e)(4)(G) and (H) (e)(5); and
(g):
(1) General Files System of the Office of Legal Policy (JUSTICE/OLP-
003).
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).
(f) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (c)(3) because making available to a record
subject the accounting of disclosures from records concerning him/her
would reveal investigative interest on the part of the Department as
well as the recipient agency. This would permit record subjects to
impede the investigation, e.g., destroy evidence, intimidate potential
witnesses, or flee the area to avoid inquiries or apprehension by law
enforcement personnel.
(2) From subsection (c)(4) because this system is exempt from the
access provisions of subsection (d) pursuant to subsections (j) and (k)
of the Privacy Act.
(3) From subsection (d) because the records contained in this system
relate to official Federal investigations. Individual access to these
records might compromise ongoing investigations, reveal confidential
informants, or constitute unwarranted invasions of the personal privacy
of third parties who are involved in a certain investigation. Amendment
of records would interfere with ongoing criminal law enforcement
proceedings and impose an impossible administrative burden by requiring
criminal investigations to be continuously reinvestigated.
(4) From subsections (e) (1) and (5) because in the course of law
enforcement investigations, information may occasionally be obtained or
introduced the accuracy of which is unclear or which is not strictly
relevant or necessary to a specific investigation. In the interests of
effective law enforcement, it is appropriate to retain all information
since it may aid in establishing patterns of criminal activity.
Moreover, it would impede the specific investigation process if it were
necessary to assure the relevance, accuracy, timeliness and completeness
of all information obtained.
(5) From subsections (e)(2) because in a law enforcement
investigation the requirement that information be collected to the
greatest extent possible from the subject individual would present a
serious impediment to law enforcement in that the subject of the
investigation would be informed of the existence of the investigation
and would therefore be able to avoid detection, apprehension, or legal
obligations and duties.
(6) From subsection (e)(3) because to comply with the requirements
of this subsection during the course of an investigation could impede
the information gathering process, thus hampering the investigation.
(7) From subsections (e)(4) (G) and (H) because this system is
exempt from the access provisions of subsection (d) pursuant to
subsections (j) and (k) of the Privacy Act.
(8) From subsection (g) because this system is exempt from the
access and amendment provisions of subsection (d) pursuant to
subsections (j) and (k) of the Privacy Act.
(g) The following system of records is exempt from 5 U.S.C. 552a
(c)(3) and (4); (d); (e)(1), (2) and (3), (e)(4)(G) and (H), (e)(5); and
(g):
(1) Declassification Review System (JUSTICE/OLP-004).
These exemptions apply only to the extent that information in this
system is subject to exemption pursuant to 5 U.S.C. 552(j)(2), (k)(1),
(k)(2), and (k)(5).
(h) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (c)(3) because making available to a record
subject the accounting of disclosures from records concerning him/her
would reveal investigative interest on the part of the Department of
Justice as well as the recipient agency. This would permit record
subjects to impede the investigation e.g., destroy evidence, intimidate
potential witnesses, or flee the area to avoid inquiries or apprehension
by law enforcement personnel.
(2) From subsection (c)(4) because this system is exempt from the
access provisions of subsection (d) pursuant to subsections (j) and (k)
of the Privacy Act.
(3) From subsection (d) to the extent that information in this
record system relates to official Federal investigations and matters of
law enforcement and/or is properly classified pursuant to E.O. 12356.
Individual access to these records might compromise ongoing
investigations, reveal confidential sources or constitute unwarranted
invasions of the personal privacy of third parties who are involved in a
certain investigation, or jepoardize national security or foreign policy
interests. Amendment of the records would interfere with ongoing
criminal law enforcement proceedings and impose an impossible
administrative burden by requiring criminal investigations to be
continuously reinvestigated.
(4) From subsections (e) (1) and (5) because in the course of law
enforcement investigations, information may occasionally be obtained or
introduced the accuracy of which is unclear or which is not strictly
relevant or necessary to a specific investigation. In the interests of
effective law enforcement, it is appropriate to retain all information
which may aid in establishing patterns of criminal activity. Moreover,
it would impede the specific investigative process if it were necessary
to assure the relevance, accuracy, timeliness, and completeness of all
information obtained.
(5) From subsection (e)(2) because in a law enforcement
investigation the requirement that information be collected to the
greatest extent possible from the subject individual would present a
serious impediment to law enforcement in that the subject of the
investigation would be informed of the existence of the investigation
and would therefore be able to avoid detection, apprehension, or legal
obligations or duties.
(6) From subsection (e)(3) because to comply with the requirements
of this subsection during the course of an investigation could impede
the information gathering process, thus hampering the investigation.
(7) From subsections (e)(4) (G) and (H), and (g) because this system
is exempt from the access provisions of subsection (d) pursuant to
subsections (j) and (k) of the Privacy Act.
[Order No. 34-85, 51 FR 754, Jan. 8, 1986. Redesignated by Order No. 6-
86, 51 FR 15476, Apr. 24, 1986 and further redesignated and amended by
Order No. 19-86, 51 FR 39373, Oct. 28, 1986]
Sec. 16.74 Exemption of Office of Intelligence Policy and Review
Systems--limited access.
(a) The following systems of records is exempt from 5 U.S.C. 552a
(c)(3), (c)(4), (d), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(8), (f)
and (g);
(1) Policy and Operational Records System (JUSTICE/OIPR-001);
(2) Foreign Intelligence Surveillance Act Records System (JUSTICE/
OIPR-002);
(3) Litigation Records System (JUSTICE/OIPR-003); and
(4) Domestic Security/Terrorism Investigations Records System
(JUSTICE/OIPR-004).
These exemptions apply only to the extent that information in those
systems is subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(1)
and (k)(2).
(b) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (c)(3) because release of the disclosure
accounting would put the target of a surveillance or investigation on
notice of the investigation or surveillance and would thereby seriously
hinder authorized United States intelligence activities.
(2) From subsections (c)(4), (d), (e)(4)(G), (e)(4)(H), (f) and (g)
because these provisions contemplate individual access to records and
such access would compromise ongoing surveillances or investigations and
reveal the sources and methods of an investigation.
(3) From subsection (e)(2) because, although this office does not
conduct investigations, the collection efforts of agencies that supply
information to this office would be thwarted if the agency were required
to collect information with the subject's knowledge.
(4) From subsections (e)(3) and (e)(8) because disclosure and notice
would provide the subject with substantial information which could
impede of compromise an investigation. For example, an investigatory
subject could, once made aware that an investigation was ongoing, alter
his manner of engaging in intelligence or terrorist activities in order
to avoid detection.
[Order No. 19-86, 51 FR 39374, Oct. 28, 1986]
Sec. 16.75 Exemption of the Office of the Inspector General Systems/
Limited Access.
(a) The following system of records is exempted pursuant to the
provisions of 5 U.S.C. 552a(j)(2) from subsections (c) (3) and (4), (d),
(e)(1), (2), (3), (5), and (8), and (g) of 5 U.S.C. 552a. In addition,
the following system of records is exempted pursuant to the provisions
of 5 U.S.C. 552a(k)(1) and (k)(2) from subsections (c)(3), (d), and
(e)(1) of 5 U.S.C. 552a:
(1) Office of the Inspector General Investigative Records (JUSTICE/
OIG-001).
These exemptions apply only to the extent that information in this
system is subject to exemption pursuant to 5 U.S.C. 552a (j)(2), (k)(1)
and (k)(2). Where compliance would not appear to interfere with or
adversely affect the law enforcement process, and/or where it may be
appropriate to permit individuals to contest the accuracy of the
information collected, e.g., public source materials, the applicable
exemption may be waived, either partially or totally, by the Office of
the Inspector General (OIG).
(b) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (c)(3) because release of disclosure accounting
could alert the subject of an investigation of an actual or potential
criminal, civil, or regulatory violation to the existence of the
investigation and the fact that they are subjects of the investigation,
and reveal investigative interest by not only the OIG, but also by the
recipient agency. Since release of such information to the subjects of
an investigation would provide them with significant information
concerning the nature of the investigation, release could result in the
destruction of documentary evidence, improper influencing of witnesses,
endangerment of the physical safety of confidential sources, witnesses,
and law enforcement personnel, the fabrication of testimony, flight of
the subject from the area, and other activities that could impede or
compromise the investigation. In addition, accounting for each
disclosure could result in the release of properly classified
information which would compromise the national defense or disrupt
foreign policy.
(2) From subsection (c)(4) because this system is exempt from the
access provisions of subsection (d) pursuant to subsections (j) and (k)
of the Privacy Act.
(3) From the access and amendment provisions of subsection (d)
because access to the records contained in this system of records could
inform the subject of an investigation of an actual or potential
criminal, civil, or regulatory violation, of the existence of that
investigation; of the nature and scope of the information and evidence
obtained as to his activities; of the identity of confidential sources,
witnesses, and law enforcement personnel, and of information that may
enable the subject to avoid detection or apprehension. These factors
would present a serious impediment to effective law enforcement where
they prevent the successful completion of the investigation, endanger
the physical safety of confidential sources, witnesses, and law
enforcement personnel, and/or lead to the improper influencing of
witnesses, the destruction of evidence, or the fabrication of testimony.
In addition, granting access to such information could disclose
security-sensitive or confidential business information or information
that would constitute an unwarranted invasion of the personal privacy of
third parties. Finally, access to the records could result in the
release of properly classified information which would compromise the
national defense or disrupt foreign policy. Amendment of the records
would interfere with ongoing investigations and law enforcement
activities and impose an impossible administrative burden by requiring
investigations to be continuously reinvestigated.
(4) From subsection (e)(1) because the application of this provision
could impair investigations and interfere with the law enforcement
responsibilities of the OIG for the following reasons:
(i) It is not possible to detect relevance or necessity of specific
information in the early stages of a civil, criminal or other law
enforcement investigation, case, or matter, including investigations in
which use is made of properly classified information. Relevance and
necessity are questions of judgment and timing, and it is only after the
information is evaluated that the relevance and necessity of such
information can be established.
(ii) During the course of any investigation, the OIG may obtain
information concerning actual or potential violations of laws other than
those within the scope of its jurisdiction. In the interest of effective
law enforcement, the OIG should retain this information, as it may aid
in establishing patterns of criminal activity, and can provide valuable
leads for Federal and other law enforcement agencies.
(iii) In interviewing individuals or obtaining other forms of
evidence during an investigation, information may be supplied to an
investigator which relates to matters incidental to the primary purpose
of the investigation but which may relate also to matters under the
investigative jurisdiction of another agency. Such information cannot
readily be segregated.
(5) From subsection (e)(2) because, in some instances, the
application of this provision would present a serious impediment to law
enforcement for the following reasons:
(i) The subject of an investigation would be placed on notice as to
the existence of an investigation and would therefore be able to avoid
detection or apprehension, to improperly influence witnesses, to destroy
evidence, or to fabricate testimony.
(ii) In certain circumstances the subject of an investigation cannot
be required to provide information to investigators, and information
relating to a subject's illegal acts, violations of rules of conduct, or
any other misconduct must be obtained from other sources.
(iii) In any investigation it is necessary to obtain evidence from a
variety of sources other than the subject of the investigation in order
to verify the evidence necessary for successful litigation.
(6) From subsection (e)(3) because the application of this provision
would provide the subject of an investigation with substantial
information which could impede or compromise the investigation.
Providing such notice to a subject of an investigation could interfere
with an undercover investigation by revealing its existence, and could
endanger the physical safety of confidential sources, witnesses, and
investigators by revealing their identities.
(7) From subsection (e)(5) because the application of this provision
would prevent the collection of any data not shown to be accurate,
relevant, timely, and complete at the moment it is collected. In the
collection of information for law enforcement purposes, it is impossible
to determine in advance what information is accurate, relevant, timely,
and complete. Material which may seem unrelated, irrelevant, or
incomplete when collected may take on added meaning or significance as
an investigation progresses. The restrictions of this provision could
interfere with the preparation of a complete investigative report, and
thereby impede effective law enforcement.
(8) From subsection (e)(8) because the application of this provision
could prematurely reveal an ongoing criminal investigation to the
subject of the investigation, and could reveal investigative techniques,
procedures, or evidence.
(9) From subsection (g) to the extent that this system is exempt
from the access and amendment provisions of subsection (d) pursuant to
subsections (j)(2) and (k)(1) and (k)(2) of the Privacy Act.
(c) The following system of records is exempted from 5 U.S.C.
552a(d).
(1) Office of the Inspector General, Freedom of Information/Privacy
Acts (FOI/PA) Records (JUSTICE/OIG-003).
This exemption applies only to the extent that information in this
system is subject to exemption pursuant to 5 U.S.C. 552a (j)(2), (k)(1),
and (k)(2). To the extent that information in a record pertaining to an
individual does not relate to official Federal investigations and law
enforcement matters, the exemption does not apply. In addition, where
compliance would not appear to interfere with or adversely affect the
overall law enforcement process, the applicable exemption may be waived
by the Office of the Inspector General (OIG).
(d) Exemption from subsection (d) is justified for the following
reasons:
(1) From the access and amendment provisions of subsection (d)
because access to the records contained in this system of records could
inform the subject of an investigation of an actual or potential
criminal, civil, or regulatory violation of the existence of that
investigation; of the nature and scope of the information and evidence
obtained as to his activities; of the identity of confidential sources,
witnesses, and law enforcement personnel; and of information that may
enable the subject to avoid detection or apprehension. These factors
would present a serious impediment to effective law enforcement where
they prevent the successful completion of the investigation, endanger
the physical safety of confidential sources, witnesses, and law
enforcement personnel, and/or lead to the improper influencing of
witnesses, the destruction of evidence, or the fabrication of testimony.
In addition, granting access to such information could disclose
security-sensitive or confidential business information or information
that would constitute an unwarranted invasion of the personal privacy of
third parties. Finally, access to the records could result in the
release of properly classified information which would compromise the
national defense or disrupt foreign policy. Amendment of the records
would interfere with ongoing investigations and law enforcement
activities and impose an impossible administrative burden by requiring
investigations to be continuously reinvestigated.
[Order No. 63-92, 57 FR 8263, Mar. 9, 1992, as amended by Order No. 64-
92, 57 FR 8263, Mar. 9, 1992]
Sec. 16.76 Exemption of Justice Management Division.
(a) The following system of records is exempt from 5 U.S.C. 552a(d):
(1) Controlled Substances Act Nonpublic Records (JUSTICE/JMD-002).
This exemption applies only to the extent that information in this
system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2).
(b) Exemption from subsection (d) is justified for the following
reasons:
(1) Public Law 91-513 (Controlled Substances Act), section 404(b)
states that the nonpublic record ``shall be retained by the Department
of Justice solely for the purpose of use by the courts in determining
whether or not, in subsequent proceedings, such person qualifies under
this subsection.''
(2) Information in this system consists of arrest records, including
those of co-defendants. The records include reports of informants and
investigations. Therefore, access could disclose investigative
techniques, reveal the identity of confidential sources, and invade the
privacy of third parties.
(c) The following system of records is exempt from 5 U.S.C. 552a(d):
(1) Security Clearance Information System (SCIS) (JUSTICE/JMD-008)--
Limited access.
This exemption applies only to the extent that information in this
system is subject to exemption pursuant to 5 U.S.C. 552a (j)(2) and
(k)(5).
(d) Exemption from subsection (d) is justified for the following
reason:
(1) Access to records in the system would reveal the identity(ies)
of the source(s) of information collected in the course of a background
investigation. Such knowledge might be harmful to the source who
provided the information as well as violate the explicit or implicit
promise of confidentiality made to the source during the investigation.
Access may also reveal information relating to actual or potential
criminal investigations.
(e) Consistent with the legislative purpose of the Privacy Act of
1974, the Justice Management Division will grant access to nonexempt
material in SCIS records which are maintained by the Security Programs
Staff. Disclosure will be governed by the Department's Privacy
regulations, but will be limited to the extent that the identity of
confidential sources will not be compromised; subjects of an
investigation of an actual or potential criminal violation will not be
alerted to the investigation; the physical safety of witnesses,
informants and law enforcement personnel will not be endangered; the
privacy of third parties will not be violated; and that the disclosure
would not otherwise impede effective law enforcement. Whenever possible,
information of the above nature will be deleted from the requested
documents and the balance made available. The controlling principle
behind this limited access is to allow disclosures except those
indicated above. The decisions to release information from this system
will be made on a case-by-case basis.
(f) The following system of records is exempt from 5 U.S.C. 552a(d);
(1) Freedom of Information/Privacy Act Records System (JUSTICE/JMD-
019).
These exemptions apply only to the extent that information in this
system is subject to exemption pursuant to 5 U.S.C. 552a(k)(2).
(g) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (d) because of the need to safeguard the
identity of confidential informants and avoid interference with ongoing
investigations or law enforcement activities by preventing premature
disclosure of information relating to those efforts.
(h) Consistent with the legislative purpose of the Privacy Act of
1974, the Justice Management Division will grant access to non-exempt
material in FOIA/PA records. Exemptions will apply only to the extent
that other correspondence or internal memoranda retained with the
request file contain investigatory material for law enforcement
purposes.
[Order No. 645-76, 41 FR 12640, Mar. 26, 1976, as amended by Order No.
688-77, 42 FR 9999, Feb. 18, 1977; Order No. 899-80, 45 FR 43703, June
30, 1980; Order No. 6-86, 51 FR 15476, Apr. 24, 1986]
Sec. 16.77 Exemption of U.S. Trustee Program System--limited access.
(a) The following system of records is exempt from 5 U.S.C. 552a (c)
(3) and (4); (d); (e) (1), (2) and (3), (e)(4) (G) and (H), (e) (5) and
(8); (f) and (g):
(1) U.S. Trustee Program Case Referral System, JUSTICE/UST-004.
These exemptions apply to the extent that information in this system is
subject to exemption pursuant to 5 U.S.C. 552a(j)(2) and (k)(2).
(b) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (c)(3) because the release of the disclosure
accounting would permit the subject of an investigation to obtain
valuable information concerning the nature of that investigation. This
would permit record subjects to impede the investigation, e.g., destroy
evidence, intimidate potential witnesses, or flee the area to avoid
inquiries or apprehension by law enforcement personnel.
(2) From subsection (c)(4) since an exemption being claimed for
subsection (d) makes this subsection inapplicable.
(3) From subsection (d) because access to the records contained in
this system might compromise ongoing investigations, reveal confidential
informants, or constitute unwarranted invasions of the personal privacy
of third parties who are involved in a certain investigation. Amendment
of the records would interfere with ongoing criminal law enforcement
proceedings and impose an impossible administrative burden by requiring
criminal investigations to be continuously reinvestigated.
(4) From subsections (e)(1) and (e)(5) because in the course of law
enforcement investigations, information may occasionally be obtained or
introduced the accuracy of which is unclear or which is not strictly
relevant or necessary to a specific investigation. In the interest of
effective law enforcement, it is appropriate to retain all information
that may aid in establishing patterns of criminal activity. Moreover, it
would impede the specific investigative process if it were necessary to
assure the relevance, accuracy, timeliness, and completeness of all
information obtained.
(5) From subsection (e)(2) because in a criminal investigation the
requirement that information be collected to the greatest extent
possible from the subject individual would present a serious impediment
to law enforcement because the subject of the investigation would be
placed on notice as to the existence of the investigation and would
therefore be able to avoid detection or apprehension, to influence
witnesses improperly, to destroy evidence, or to fabricate testimony.
(6) From subsection (e)(3) because the requirement that individuals
supplying information be provided with a form stating the requirements
of subsection (e)(3) would constitute a serious impediment to law
enforcement in that it would compromise the existence of a confidential
investigation or reveal the identity of witnesses or confidential
informants.
(7) From subsections (e)(4) (G) and (H) because this system of
records is exempt from the access provisions of subsection (d) pursuant
to subsections (j) and (k).
(8) From subsection (e)(8) because the individual notice requirement
of this subsection could present a serious impediment to law enforcement
in that this could interfere with the U.S. Attorney's ability to issue
subpoenas.
(9) From subsections (f) and (g) because this system has been
exempted from the access provisions of subsection (d).
[Order No. 1-87, 52 FR 3631, Feb. 5, 1987]
Sec. 16.78 Exemption of the Special Counsel for Immigration-Related,
Unfair Employment Practices Systems.
(a) The following system of records is exempt from 5 U.S.C.
552a(c)(3) and (d).
(1) Central Index File and Associated Records, JUSTICE/OSC-001.
These exemptions apply to the extent that information in this system is
subject to exemption pursuant to 5 U.S.C. 552a(k)(2).
(b) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (c)(3) because the release of the disclosure
accounting would permit the subject of an investigation to obtain
valuable information concerning the nature of that investigation. This
would permit record subjects to impede the investigation, e.g., destroy
evidence, intimidate potential witnesses, or flee the area to avoid
inquiries.
(2) From subsection (d) because access to the records might
compromise ongoing investigations, reveal confidential informants, or
constitute unwarranted invasions of the personal privacy of third
parties who are involved in a certain investigation.
[Order No. 10-88, 53 FR 7735, Mar. 10, 1988]
Sec. 16.79 Exemption of Pardon Attorney Systems.
(a) The following systems of records are exempt from 5 U.S.C.
552a(d):
(1) Executive Clemency Files (JUSTICE /OPA-001).
(2) Freedom of Information/Privacy Acts (FOI/PA) Request File
(JUSTICE/OPA-003).
These exemptions apply only to the extent that information in these
systems is subject to exemption pursuant to 5 U.S.C. 552a(j)(2).
(b) Exemption from subsection (d) is justified for the following
reasons:
(1) Executive Clemency Files contain investigatory and evaluative
reports relating to applicants for Executive clemency. The FOI/PA
Request File contains copies of documents from the Executive Clemency
Files which have not been released either in whole or in part pursuant
to certain provisions of the FOI/PA. Release of such information to the
subject would jeopardize the integrity of the investigative process,
invade the right of candid and confidential communciations among
officials concerned with recommending clemency decisions to the
President, and disclose the identity of persons who furnished
information to the Government under an express or implied promise that
their identities would be held in confidence.
(2) The purpose of the creation and maintenance of the Executive
Clemency Files is to enable the Pardon Attorney to prepare for the
President's ultimate decisions on matters which are within the
President's exclusive jurisdiction by reason of Article II, Section 2,
Clause 1 of the Constitution, which commits pardons to the exclusive
discretion of the President.
[Order No. 26-88, 53 FR 51542, Dec. 22, 1988]
Sec. 16.80 Exemption of Office of Professional Responsibility System--
limited access.
(a) The following system of records is exempt from 5 U.S.C.
552a(c)(3) and (4), (d), (e)(1), (2) and (3), (e)(4)(G) and (H), (e)(5)
and (8), (f) and (g):
(1) Office of Professional Responsibility Record Index (JUSTICE/OPR-
001).
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).
(b) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (c)(3) because release of the disclosure
accounting would enable the subject of an investigation to gain
information concerning the existence, nature and scope of the
investigation and seriously hamper law enforcement efforts.
(2) From subsections (c)(4), (d), (e)(4)(G) and (H), (f) and (g)
because these provisions concern individual access to records and such
access might compromise ongoing investigations, reveal confidential
informants and constitute unwarranted invasions of the personal privacy
of third persons who provide information in connection with a particular
investigation.
(3) From subsections (e)(1) and (5) because the collection of
information during an investigation necessarily involves material
pertaining to other persons or events which is appropriate in a thorough
investigation, even though portions thereof are not ultimately connected
to the person or event subject to the final action or recommendation of
the Office of Professional Responsibility.
(4) From subsection (e)(2) because collecting the information from
the subject would thwart the investigation by placing the subject on
notice of the investigation.
(5) From subsections (e)(3) and (e)(8) because disclosure and notice
would provide the subject with substantial information which could
impede or compromise the investigation. For example, an investigatory
subject occupying a supervisory position could, once made aware that a
misconduct investigation was ongoing, put undue pressure on subordinates
so as to preclude their cooperation with investigators.
[Order No. 58-81, 46 FR 3509, Jan. 15, 1981]
Sec. 16.81 Exemption of United States Attorneys Systems--limited
access.
(a) The following systems of records are exempt from 5 U.S.C.
552a(c) (3) and (4), (d), (e) (1), (2) and (3), (e)(4) (G) and (H), (e)
(5) and (8), (f), and (g):
(1) Citizen Complaint Files (JUSTICE/USA-003).
(2) Civil Case Files (JUSTICE/USA-005).
(3) Consumer Complaints (JUSTICE/USA-006).
(4) Criminal Case Files (JUSTICE/USA-007).
(5) Kline-District of Columbia and Maryland-Stock and Land Fraud
Interrelationship Filing System (JUSTICE/USA-009).
(6) Major Crimes Division Investigative Files (JUSTICE/USA-010).
(7) Prosecutor's Management Information System (PROMIS) (JUSTICE/
USA-011).
(8) United States Attorney, District of Columbia Superior Court
Division, Criminal Files (JUSTICE/USA-013).
(9) Pre-trial Diversion Program Files (JUSTICE/USA-014).
These exemptions apply to the extent that information in these systems
is subject to exemption pursuant to U.S.C. 552a(j)(2), (k)(1) and
(k)(2).
(b) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (c)(3) because the release of the disclosure
accounting, for disclosures pursuant to the routine uses published for
these systems, would permit the subject of a criminal investigation and/
or civil case or matter under investigation, litigation, regulatory or
administrative review or action, to obtain valuable information
concerning the nature of that investigation, case or matter and present
a serious impediment to law enforcement or civil legal activities.
(2) From subsection (c)(4) since an exemption is being claimed for
subsection (d), this subsection will not be applicable.
(3) From subsection (d) because access to the records contained in
these systems would inform the subject of criminal investigation and/or
civil investigation, matter or case of the existence of that
investigation, provide the subject of the investigation with information
that might enable him to avoid detection, apprehension or legal
obligations, and present a serious impediment to law enforcement and
other civil remedies.
(4) From subsection (e)(1) because in the course of criminal
investigations and/or civil investigations, cases or matters, the U.S.
Attorneys often obtain information concerning the violation of laws or
civil obligations other than those relating to an active case or matter.
In the interests of effective law enforcement and civil litigation, it
is necessary that the U.S. Attorneys retain this information since it
can aid in establishing patterns of activity and provide valuable leads
for other agencies and future cases that may be brought within the U.S.
Attorneys' offices.
(5) From subsection (e)(2) because in a criminal investigation the
requirement that information be collected to the greatest extent
possible from the subject individual would present a serious impediment
to law enforcement in that the subject of the investigation would be
placed on notice of the existence of the investigation and would
therefore be able to avoid detection, apprehension or legal obligations
and duties.
(6) From subsection (e)(3) because the requirement that individuals
supplying information be provided with a form stating the requirements
of subsection (e)(3) would constitute a serious impediment to law
enforcement in that it could compromise the existence of a confidential
investigation, reveal the identity of confidential sources of
information and endanger the life and physical safety of confidential
informants.
(7) From subsections (e)(4) (G) and (H) because these systems of
records are exempt from individual access pursuant to subsections (j)
and (k) of the Privacy Act of 1974.
(8) From subsection (e)(5) because in the collection of information
for law enforcement purposes it is impossible to determine in advance
what information is accurate, relevant, timely, and complete. With the
passage of time, seemingly irrelevant or untimely information may
acquire new significance as further investigation brings new details to
light and the accuracy of such information can only be determined in a
court of law. The restrictions of subsection (e)(5) would restrict the
ability of trained investigators and intelligence analysts to exercise
their judgment in reporting on investigations and impede the development
of intelligence necessary for effective law enforcement.
(9) From subsection (e)(8) because the individual notice
requirements of subsection (e)(8) could present a serious impediment to
law enforcement as this could interfere with the United States
Attorneys' ability to issue subpoenas and could reveal investigative
techniques and procedures.
(10) From subsection (f) because these systems of records have been
exempted from the access provisions of subsection (d).
(11) From subsection (g) because these systems of records are
compiled for law enforcement purposes and have been exempted from the
access provisions of subsections (d) and (f).
(c) The following system of records is exempt from 5 U.S.C. 552a(c)
(3) and (4), (d), (e) (1), (2) and (3), (e)(4) (G) and (H), (e) (5) and
(8), (f), and (g):
(1) Freedom of Information Act/Privacy Act Files (JUSTICE/USA-008)
These exemptions apply to the extent that information in this system is
subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(1) and (k)(2).
(d) Because this system contains Department of Justice civil and
criminal law enforcement, investigatory records, exemptions from the
particular subsections are justified for the following reasons:
(1) From subsection (c)(3) because the release of the disclosure
accounting would permit the subject of a criminal investigation and/or
civil case or matter under investigation, in litigation, or under
regulatory or administrative review or action to obtain valuable
information concerning the nature of that investigation, case or matter,
and present a serious impediment to law enforcement or civil legal
activities.
(2) From subsection (c)(4) because an exemption is being claimed for
subsection (d) of the Act (Access to Records), rendering this subsection
inapplicable to the extent that this system of records is exempted from
subsection (d).
(3) From subsection (d) because access to the records contained in
these systems would inform the subject of a criminal or civil
investigation, matter or case of the existence of such, and provide the
subject with information that might enable him to avoid detection,
apprehension or legal obligations, and present a serious impediment to
law enforcement and other civil remedies. Amendment of the records would
interfere with ongoing criminal law enforcement proceedings and impose
an impossible administrative burden by requiring criminal investigations
to be continuously reinvestigated.
(4) From subsection (e)(1) because in the course of criminal
investigations and/or civil investigations, cases or matters, the U.S.
Attorneys often obtain information concerning the violation of laws or
civil obligations other than those relating to an active case or matter.
In the interests of effective law enforcement and civil litigation, it
is necessary that the U.S. Attorneys retain this information since it
can aid in establishing patterns of activity and provide valuable leads
for other agencies and future cases that may be brought within the U.S.
Attorneys' offices.
(5) From subsection (e)(2) because to collect information to the
greatest extent possible from the subject individual of a criminal
investigation or prosecution would present a serious impediment to law
enforcement in that the subject of the investigation would be placed on
notice of the existence of the investigation and would therefore be able
to avoid detection, apprehension, or legal obligations and duties.
(6) From subsection (e)(3) because to provide individuals supplying
information with a form stating the requirements of subsection (e)(3)
would constitute a serious impediment to law enforcement in that it
could compromise the existence of a confidential investigation, reveal
the identity of confidential sources of information, and endanger the
life and physical safety of confidential informants.
(7) From subsections (e)(4) (G) and (H) because this system of
records is exempt from the individual access provisions of subsection
(d) and the rules provisions of subsection (f).
(8) From subsection (e)(5) because in the collection of information
for law enforcement purposes it is impossible to determine in advance
what information is accurate, relevant, timely, and complete. With the
passage of time, seemingly irrelevant or untimely information may
acquire new significance as further investigation brings new details to
light and the accuracy of such information can only be determined in a
court of law. The restrictions of subsection (e)(5) would inhibit the
ability of trained investigator and intelligence analysts to exercise
their judgment in reporting on investigations and impede the development
of intelligence necessary for effective law enforcement.
(9) From subsection (e)(8) because the individual notice
requirements of subsection (e)(8) could present a serious impediment to
law enforcement as this could interfere with the U.S. Attorneys' ability
to issue subpoenas and could reveal investigative techniques and
procedures.
(10) From subsection (f) because this system has been exempted from
the individual access provisions of subsection (d).
(11) From subsection (g) because the records in this system are
generally compiled for law enforcement purposes and are exempt from the
access provisions of subsections (d) and (f), rendering subsection (g)
inapplicable.
(e) The following systems of records are exempt from 5 U.S.C.
552a(d)(1) and (e)(1):
(1) Assistant U.S. Attorneys Applicant Records System (JUSTICE/USA-
016).
(2) Appointed Assistant U.S. Attorneys Personnel System (JUSTICE/
USA-017).
These exemptions apply only to the extent that information in these
systems is subject to exemption pursuant to 5 U.S.C. 552a(k)(5).
(f) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (d)(1) because many persons are contacted who,
without an assurance of anonymity, refuse to provide information
concerning a candidate for an Assistant U.S. Attorney position. Access
could reveal the identity of the source of the information and
constitute a breach of the promise of confidentiality on the part of the
Department of Justice. Such breaches ultimately would restrict the free
flow of information vital to a determination of a candidate's
qualifications and suitability.
(2) From subsection (e)(1) because in the collection of information
for investigative and evaluative purposes, it is impossible to determine
in advance what exact information may be of assistance in determining
the qualifications and suitability of a candidate. Information which may
appear irrelevant, when combined with other seemingly irrelevant
information, can on occasion provide a composite picture of a candidate
for a position which assists in determining whether that candidate
should be nominated for appointment.
(g) Consistent with the legislative purpose of the Privacy Act of
1974, the Executive Office for United States Attorneys will grant access
to nonexempt material in records which are maintained by the U.S.
Attorneys. Disclosure will be governed by the Department's Privacy
regulations, but will be limited to the extent that the identity of
confidential sources will not be compromised; subjects of an
investigation of an actual or potential criminal, civil or regulatory
violation will not be alerted to the investigation; the physical safety
of witnesses, informants and law enforcement personnel will not be
endangered, the privacy of third parties will not be violated; and that
the disclosure would not otherwise impede effective law enforcement.
Whenever possible, information of the above nature will be deleted from
the requested documents and the balance made available. The controlling
principle behind this limited access is to allow disclosures except
those indicated above. The decisions to release information from these
systems will be made on a case-by-case basis.
[Order No. 645-76, 41 FR 12640, Mar. 26, 1976, as amended by Order No.
716-77, 42 FR 23506, May 9, 1977; Order No. 738-77, 42 FR 38177, July
27, 1977; Order No. 6-86, 51 FR 15476, Apr. 24, 1986; Order No. 57-91,
56 FR 58306, Nov. 19, 1991]
Sec. 16.82 Exemption of the National Drug Intelligence Center Data
Base--limited access.
(a) The following system of records is exempted pursuant to the
provisions of 5 U.S.C. 552a(j)(2) from subsections (c) (3) and (4); (d);
(e) (1), (2), and (3); (e)(4)(I); (e) (5) and (8); and (g) of 5 U.S.C.
552a. In addition, the following system of records is exempted pursuant
to the provisions of 5 U.S.C. 552a (k)(1) and (k)(2) from subsections
(c)(3), (d), and (e)(1) and (e)(4)(I) of 5 U.S.C. 552a:
(1) National Drug Intelligence Center Data Base (JUSTICE/NDIC-001).
(2) [Reserved]
(b) These exemptions apply only to the extent that information in
this system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2),
(k)(1), and (k)(2). Where compliance would not appear to interfere with
or adversely affect the law enforcement process, and/or where it may be
appropriate to permit individuals to contest the accuracy of the
information collected, e.g., public source materials, the applicable
exemption may be waived, either partially or totally, by the National
Drug Intelligence Center (NDIC). Exemptions from the particular
subsections are justified for the following reasons:
(1) From subsection (c)(3) for the same reasons that the system is
exempted from the provisions of subsection (d).
(2) From subsection (c)(4) because this system is exempt from the
access provisions of subsection (d) pursuant to subsection (j)(2) of the
Privacy Act.
(3) From subsection (d) because disclosure to the subject could
alert the subject of an investigation pertaining to narcotic trafficking
or related activity of the fact and nature of the investigation, and/or
of the investigative interest of NDIC and other intelligence or law
enforcement agencies (including those responsible for civil proceedings
related to laws against drug trafficking); lead to the destruction of
evidence, improper influencing of witnesses, fabrication of testimony,
and/or flight of the subject; reveal the details of a sensitive
investigative or intelligence technique, or the identity of a
confidential source; or otherwise impede, compromise, or interfere with
investigative efforts and other related law enforcement and/or
intelligence activities. In addition, disclosure could invade the
privacy of third parties and/or endanger the life and safety of law
enforcement personnel, confidential informants, witnesses, and potential
crime victims. Finally, access to records could result in the release of
properly classified information that could compromise the national
defense or foreign policy. Amendment of the records would interfere with
ongoing investigations and law enforcement activities and impose an
impossible administrative burden by requiring investigations, analyses,
and reports to be continuously reinvestigated and revised.
(4) From subsection (e)(1) because, in the course of its
acquisition, collation, and analysis of information, NDIC will need to
retain information not immediately shown to be relevant to counterdrug
law enforcement to establish patterns of activity and to assist other
agencies charged with the enforcement of laws and regulations regarding
drug trafficking and charged with the acquisition of intelligence
related to international aspects of drug trafficking. This consideration
applies equally to information acquired from, or collated or analyzed
for, both law enforcement agencies and agencies of the U.S. foreign
intelligence community.
(5) From subsection (e)(2) because application of this provision
could present a serious impediment to law enforcement in that it would
put the subject of an investigation, study or analysis on notice of the
fact of such investigation, study, or analysis, thereby permitting the
subject to engage in conduct intended to frustrate the activity;
because, in some circumstances, the subject of an investigation may not
be required to provide to investigators certain information; and because
thorough analysis and investigation may require seeking information from
a number of different sources.
(6) From subsection (e)(3) (to the extent applicable) because the
requirement that individuals supplying information be provided a form
stating the requirements of subsection (e)(3) would constitute a serious
impediment to law enforcement in that it could compromise the existence
of a confidential investigation and reveal the identity of confidential
informants and endanger their lives and safety.
(7) From subsection (e)(4)(I), to the extent that this subsection is
interpreted to require more detail regarding the record sources in this
system than have been published in the Federal Register. Should the
subsection be so interpreted, exemption from this provision is necessary
to protect the confidentiality of the sources of criminal and other law
enforcement information and to protect the privacy and physical safety
of witnesses and informants. Furthermore, greater specificity concerning
the sources of properly classified records could compromise national
defense or foreign policy.
(8) From subsection (e)(5) because the acquisition, collation, and
analysis of information for law enforcement purposes does not permit
advance determination whether such information is accurate or relevant,
nor can such information be limited to that which is complete or
apparently timely. Information of this type often requires further
analysis and investigation to develop into a comprehensive whole that
which is otherwise incomplete or even fragmentary. Moreover, its
accuracy is continually subject to analysis and review, and, upon
careful examination, seemingly irrelevant or untimely information may
acquire added significance as additional information brings new details
to light. The restrictions imposed by subsection (e)(5) would restrict
the ability of trained investigators and intelligence analysts to
exercise their judgment in collating and analyzing information and would
impede the development of criminal intelligence necessary for effective
law enforcement.
(9) From subsection (e)(8) because the individual notice
requirements of subsection (e)(8) could present a serious impediment to
law enforcement by revealing investigative techniques, procedures, or
evidence.
(10) From subsection (g) to the extent that the system is exempt
from subsection (d).
[Order No. 78-93, 58 FR 41038, Aug. 2, 1993]
Sec. 16.83 Exemption of the Executive Office for Immigration Review
System--limited access.
(a) The following system of records is exempt from 5 U.S.C. 552a(d):
(1) The Executive Office for Immigration Review's Records and
Management Information System (JUSTICE/EOIR-001).
This exemption applies only to the extent that information in the system
is subject to exemption pursuant to 5 U.S.C. 552a(k) (1) and (2).
(b) Exemption from the particular subsections are justified for the
following reasons:
(1) From subsection (d) because access to information which has been
properly classified pursuant to an Executive Order could have an adverse
effect on the national security. In addition, from subsection (d)
because unauthorized access to certain investigatory material could
compromise ongoing or potential investigations; reveal the identity of
confidential informants; or constitute unwarranted invasions of the
personal privacy of third parties.
(2) From subsection (d) (2), (3), and (4) because the record of
proceeding constitutes an official record which includes transcripts of
quasi-judicial administrative proceedings, investigatory materials,
evidentiary materials such as exhibits, decisional memoranda, and other
case-related papers. Administrative due process could not be achieved by
the ex parte ``correction'' of such materials by the individual who is
the subject thereof.
[Order No. 18-86, 51 FR 32305, Sept. 11, 1986]
Sec. 16.84 Exemption of Immigration Appeals System.
(a) The following system of records is exempt from 5 U.S.C. 552a(d)
(2), (3) and (4):
(1) Decisions of the Board of Immigration Appeals (JUSTICE/BIA-001).
This exemption applies only to the extent that information in this
system is subject to exemption pursuant to 5 U.S.C. 552a(k).
(b) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsections (d) (2), (3) and (4) because the decisions
reflected constitute official records of opinions rendered in quasi-
judicial proceedings. Administrative due process could not be achieved
by the ex parte ``correction'' of such opinions by the subject of the
opinion.
Sec. 16.85 Exemption of U.S. Parole Commission--limited access.
(a) The following systems of records are exempt from 5 U.S.C. 552a
(c) (3) and (4), (d), (e) (2) and (3), (e)(4) (G) and (H), (e)(8), (f)
and (g):
(1) Docket Scheduling and Control System (JUSTICE/PRC-001).
(2) Inmate and Supervision Files System (JUSTICE/PRC-003).
(3) Labor and Pension Case, Legal File, and General Correspondence
System (JUSTICE/PRC-004).
(4) Statistical, Educational and Developmental System (JUSTICE/PRC-
006).
(5) Workload Record, Decision Result, and Annual Report System
(JUSTICE/PRC-007).
These exemptions apply only to the extent that information in these
systems is subject to exemptions pursuant to 5 U.S.C. 552a(j)(2).
(b) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (c)(3) because revealing disclosure of
accountings to inmates and persons on supervision could compromise
legitimate law enforcement activities and U.S. Parole Commission
responsibilities.
(2) From subsection (c)(4) because the exemption from subsection (d)
will make notification of disputes inapplicable.
(3) From subsection (d) because this is essential to protect
internal processes by which Commission personnel are able to formulate
decisions and policies with regard to federal prisoners and persons
under supervision, to prevent disclosures of information to federal
inmates or persons on supervision that would jeopardize legitimate
correctional interests of security, custody, supervision, or
rehabilitation, to permit receipt of relevant information from other
federal agencies, state and local law enforcement agencies, and federal
and state probation and judicial offices, to allow private citizens to
express freely their opinions for or against parole, to allow relevant
criminal history type information of co-defendants to be kept in files,
to allow medical, psychiatric and sociological material to be available
to professional staff, and to allow a candid process of fact selection,
opinion formulation, evaluation and recommendation to be continued by
professional staff. The legal files contain case development material
and, in addition to other reasons, should be exempt under the attorney-
client privilege. Each labor or pension applicant has had served upon
him the material in his file which he did not prepare and may see his
own file at any time.
(4) From subsection (e)(2) because primary collection of information
directly from federal inmates or persons on supervision about criminal
sentence, criminal records, institutional performance, readiness for
release from custody, or need to be returned to custody is highly
impractical and inappropriate.
(5) From subsection (e)(3) because application of this provision to
the operations and collection of information by the Commission which is
primarily from sources other than the individual, is inappropriate.
(6) From subsections (e)(4) (G) and (H) because exemption from the
access provisions of (d) makes publication of agency procedures under
(d) inapplicable.
(7) From subsection (e)(8) because the nature of the Commission's
activities renders notice of compliance with compulsory legal process
impractical.
(8) From subsection (f) because exemption from the provisions of
subsection (d) will render compliance with provisions of this subsection
inapplicable.
(9) From subsection (g) because exemption from the provisions of
subsection (d) will render the provisions on suits to enforce (d)
inapplicable.
(c) Consistent with the legislative purpose of the Privacy Act of
1974 the U.S. Parole Commission will initiate a procedure whereby
present and former prisoners and parolees may obtain copies of material
in files relating to them that are maintained by the U.S. Parole
Commission. Disclosure of the contents will be affected by providing
copies of documents to requesters through the mails. Disclosure will be
made to the same extent as would be made under the substantive
exemptions of the Parole Commission and Reorganization Act of 1976 (18
U.S.C. 4208) and Rule 32 of the Federal Rules of Criminal Procedure. The
procedure relating to disclosure of documents may be changed generally
in the interest of improving the Commission's system of disclosure or
when required by pending or future decisions and directions of the
Department of Justice.
[Order No. 645-76, 41 FR 12640, Mar. 26, 1976, as amended by Order No.
14-78, 43 FR 45993, Oct. 5, 1978; Order No. 899-80, 45 FR 43703, June
30, 1980; Order No. 6-86, 51 FR 15477, Apr. 24, 1986]
Sec. 16.88 Exemption of Antitrust Division Systems--limited access.
(a) The following system of records is exempt from 5 U.S.C. 552a
(c)(3), (d), (e)(4) (G) and (H), and (f):
(1) Antitrust Caseload Evaluation System (ACES)--Monthly Report
(JUSTICE/ATR-006).
These exemptions apply only to the extent that information in this
system is subject to exemption pursuant to 5 U.S.C. 552a (k)(2).
(b) Exemption from the particular subsections are justified for the
following reasons:
(1) From subsection (c)(3) because information in this system is
maintained in aid of ongoing antitrust enforcement investigations and
proceedings. The release of the accounting of disclosures made under
subsection (b) of the Act would permit the subject of an investigation
of an actual or potential criminal or civil violation to determine
whether he is the subject of an investigation. Disclosure of the
accounting would therefore present a serious impediment to antitrust law
enforcement efforts.
(2) From subsection (d) because access to the information
retrievable from this system and compiled for law enforcement purposes
could result in the premature disclosure of the identity of the subject
of an investigation of an actual or potential criminal or civil
violation and information concerning the nature of that investigation.
This information could enable the subject to avoid detection or
apprehension. This would present a serious impediment to effective law
enforcement since the subject could hinder or prevent the successful
completion of the investigation. Further, confidential business and
financial information, the identities of confidential sources of
information, third party privacy information, and statutorily
confidential information such as grand jury information must be
protected from disclosure.
(3) From subsections (e)(4)(G) and (H), and (f) because this system
is exempt from the individual access provisions of subsection (d).
(c) The following system of records is exempt from 5 U.S.C. 552a
(c)(3), (d), (e)(4)(G) and (H), and (f):
(1) Freedom of Information/Privacy--Requester/Subject Index File
(JUSTICE/ATR-008).
These exemptions apply to the extent that information in this system is
subject to exemption pursuant to 5 U.S.C. 552a (k)(2).
(d) Because this system contains Department of Justice civil and
criminal law enforcement, investigatory records, exemptions from the
particular subsections are justified for the following reasons:
(1) From subsection (c)(3) because the release of the accounting of
disclosures made under subsection (b) of the Act would permit the
subject of an investigation of an actual or potential criminal or civil
violation to determine whether he is the subject of an investigation.
Disclosure of accounting would therefore present a serious impediment to
antitrust law enforcement efforts.
(2) From subsection (d) because access to information in this system
could result in the premature disclosure of the identity of the subject
of an investigation of an actual or potential criminal or civil
violation and information concerning the nature of the investigation.
This information could enable the subject to avoid detection or
apprehension. This would present a serious impendiment to effective law
enforcement since the subject could hinder or prevent the successful
completion of the investigation. Further, confidential business and
financial information, the identities of confidential sources of
information, third party privacy information, and statutorily
confidential information such as grand jury information must be
protected from disclosure.
(3) From subsections (e)(4)(G) and (H), and (f) because this system
is exempt from the individual access provisions of subsection (d).
[Order No. 2-86, 51 FR 884, Jan. 9, 1986]
Sec. 16.89 Exemption of Civil Division Systems--limited access.
(a) The following systems of records are exempted pursuant to 5
U.S.C. 552a(j)(2) from subsections (c) (3) and (4), (d), (e)(1), (e)(2),
(e)(3), (e)(4) (G) and (H), (e)(5), (e)(8), and (g); in addition, the
following systems of records are exempted pursuant to 5 U.S.C. 552a
(k)(1) and (k)(2) from subsections (c)(3), (d), (e)(1), (e)(4) (G) and
(H):
(1) Civil Division Case File System, JUSTICE/CIV-001.
(2) Freedom of Information/Privacy Acts File System, JUSTICE/CIV-
005.
These exemptions apply only to the extent that information in these
systems is subject to exemption pursuant to 5 U.S.C. 552a (j)(2), (k)(1)
and (k)(2).
(b) Only that information which relates to the investigation,
prosecution, or defense of actual or potential criminal or civil
litigation, or which has been properly classified in the interest of
national defense and foreign policy is exempted for the reasons set
forth from the following subsections:
(1) Subsection (c)(3). To provide the subject of a criminal or civil
matter or case under investigation with an accounting of disclosures of
records concerning him or her would inform that individual (and others
to whom the subject might disclose the records) of the existence,
nature, or scope of that investigation and thereby seriously impede law
enforcement efforts by permitting the record subject and others to avoid
criminal penalties and civil remedies.
(2) Subsections (c)(4), (e)(4) (G) and (H), and (g). These
provisions are inapplicable to the extent that these systems of records
are exempted from subsection (d).
(3) Subsection (d). To the extent that information contained in
these systems has been properly classified, relates to the investigation
and/or prosecution of grand jury, civil fraud, and other law enforcement
matters, disclosure could compromise matters which should be kept secret
in the interest of national security or foreign policy; compromise
confidential investigations or proceedings; hamper sensitive civil or
criminal investigations; impede affirmative enforcement actions based
upon alleged violations of regulations or of civil or criminal laws;
reveal the identity of confidential sources; and result in unwarranted
invasions of the privacy of others. Amendment of the records would
interfere with ongoing criminal law enforcement proceedings and impose
an impossible administrative burden by requiring criminal investigations
to be continuously reinvestigated.
(4) Subsection (e)(1). In the course of criminal or civil
investigations, cases, or matters, the Civil Division may obtain
information concerning the actual or potential violation of laws which
are not strictly within its statutory authority. In the interest of
effective law enforcement, it is necessary to retain such information
since it may establish patterns of criminal activity or avoidance of
other civil obligations and provide leads for Federal and other law
enforcement agencies.
(5) Subsection (e)(2). To collect information from the subject of a
criminal investigation or prosecution would present a serious impediment
to law enforcement in that the subject (and others to whom the subject
might be in contact) would be informed of the existence of the
investigation and would therefore be able to avoid detection or
apprehension, to influence witnesses improperly, to destroy evidence, or
to fabricate testimony.
(6) Subsection (e)(3). To comply with this requirement during the
course of a criminal investigation or prosecution could jeopardize the
investigation by disclosing the existence of a confidential
investigation, revealing the identity of witnesses or confidential
informants, or impeding the information gathering process.
(7) Subsection (e)(5). In compiling information for criminal law
enforcement purposes, the accuracy, completeness, timeliness and
relevancy of the information obtained cannot always be immediately
determined. As new details of an investigation come to light, seemingly
irrelevant or untimely information may acquire new significance and the
accuracy of such information can often only be determined in a court of
law. Compliance with this requirement would therefore restrict the
ability of government attorneys in exercising their judgment in
developing information necessary for effective law enforcement.
(8) Subsection (e)(8). To serve notice would give persons sufficient
warning to evade law enforcement efforts.
(c) The following system of records is exempted pursuant to 5 U.S.C.
552a(j)(2) from subsections (c) (3) and (4), (d), (e)(1) and (e)(5); in
addition, this system is also exempted pursuant to 5 U.S.C. 552a(k)(2)
from subsections (c)(3), (d), and (e)(1).
Consumer Inquiry/Investigatory System, JUSTICE/CIV-006.
These exemptions apply only to the extent that information in this
system of records is subject to exemption pursuant to 5 U.S.C. 552a
(j)(2) and (k)(2).
(d) Only that information compiled for criminal or civil law
enforcement purposes is exempted for the reasons set forth from the
following subsections:
(1) Subsections (c)(3). This system occasionally contains
investigatory material based on complaints of actual or alleged criminal
or civil violations. To provide the subject of a criminal or civil
matter or case under investigation with an accounting of disclosures of
records concerning him/her would inform that individual of the
existence, nature, or scope of that investigation, and thereby seriously
impede law enforcement efforts by permitting the record subject and
other persons to whom he might disclose the records to avoid criminal
penalties and civil remedies.
(2) Subsections (c)(4). This subsection is inapplicable to the
extent that an exemption is being claimed for subsection (d).
(3) Subsection (d). Disclosure of information relating to the
investigation of complaints of alleged violation of criminal or civil
law could interfere with the investigation, reveal the identity of
confidential sources, and result in an unwarranted invasion of the
privacy of others. Amendment of the records would interfere with ongoing
criminal law enforcement proceedings and impose an impossible
administrative burden by requiring criminal investigations to be
continuously reinvestigated.
(4) Subsection (e)(1). In the course of criminal or civil
investigations, cases, or matters, the Civil Division may obtain
information concerning the actual or potential violation of laws which
are not strictly within its statutory authority. In the interest of
effective law enforcement, it is necessary to retain such information
since it may establish patterns of criminal activity or avoidance of
other civil obligations and provide leads for Federal and other law
enforcement agencies.
(5) Subsection (e)(5). In compiling information for criminal law
enforcement purposes, the accuracy, completeness, timeliness and
relevancy of the information obtained cannot always be immediately
determined. As new details of an investigation come to light, seemingly
irrelevant or untimely information may acquire new significance and the
accuracy of such information can often only be determined in a court of
law. Compliance with this requirement would therefore restrict the
ability of government attorneys in exercising their judgment in
developing information necessary for effective law enforcement.
(e) The following system of records is exempt pursuant to 5 U.S.C.
552a (j)(2) and (k)(2) from subsection (d):
Congressional and Citizen Correspondence File, JUSTICE/CIV-007.
This exemption applies only to the extent that information in this
system is subject to exemption pursuant to 5 U.S.C 552a (j)(2) and
(k)(2).
(f) Only that portion of the Congressional and Citizen
Correspondence File maintained by the Communications Office which
consists of criminal or civil investigatory information is exempted for
the reasons set forth from the following subsection:
(1) Subsection (d). Disclosure of investigatory information would
jeopardize the integrity of the investigative process, disclose the
identity of individuals who furnished information to the government
under an express or implied promise that their identities would be held
in confidence, and result in an unwarranted invasion of the privacy of
others. Amendment of the records would interfere with ongoing criminal
law enforcement proceedings and impose an impossible administrative
burden by requiring criminal investigations to be continuously
reinvestigated.
[Order No. 27-88, 54 FR 113, Jan. 4, 1989]
Sec. 16.90 Exemption of Civil Rights Division Systems.
(a) The following system of records is exempt from 5 U.S.C. 552a(d):
(1) Files on Employment Civil Rights Matters Referred by the Equal
Employment Opportunity Commission (JUSTICE/CRT-007).
This exemption applies to the extent that information in this system is
subject to exemption pursuant to 5 U.S.C. 552a(k)(2).
(b) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (d) because this system contains investigatory
material compiled by the Equal Opportunity Commission pursuant to its
authority under 42 U.S.C. 2000e-8. 42 U.S.C. 2000e-5(b), 42 U.S.C.
2000e-8(e), and 44 U.S.C. 3508 make it unlawful to make public in any
manner whatsoever any information obtained by the Commission pursuant to
the authority.
(c) The following system of records is exempt from 5 U.S.C.
552a(c)(3), (d) and (g):
(1) Central Civil Rights Division Index File and Associated Records
(JUSTICE/CRT-001).
These exemptions apply only to the extent that information in this
system is subject to exemption pursuant to 5 U.S.C. 552a (j)(2) and
(k)(2).
(d) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (c)(3) because the release of the disclosure
accounting for disclosure pursuant to the routine uses published for
this system may enable the subject of an investigation to gain valuable
information concerning the nature and scope of the investigation and
seriously hamper law enforcement efforts.
(2) From subsection (d) because freely permitting access to records
in this system would compromise ongoing investigations and reveal
investigatory techniques. In addition, these records may be subject to
protective orders entered by federal courts to protect their
confidentiality. Many of the records contained in this system are copies
of documents which are the property of state agencies and were obtained
under express or implied promises to strictly protect their
confidentiality.
(3) From subsection (g) because exemption from the provision of
subsection (d) will render the provisions on suits to enforce (d)
inapplicable.
(e) The following system of records is exempt from 5 U.S.C. 552a
(c)(3), (d), and (g):
(1) Freedom of Information/Privacy Act Records (JUSTICE/CRT-010).
These exemptions apply to the extent that information in this system
is subject to exemption pursuant to 5 U.S.C. 552a (j)(2) and (k)(2).
(f) Because this system contains Department of Justice civil and
criminal law enforcement, investigatory records, exemptions from the
particular subsections are justified for the following reasons:
(1) From subsection (c)(3) because the release of the disclosure
accounting may enable the subject of an investigation to gain valuable
information concerning the nature and scope of the investigation and
seriously hamper law enforcement efforts.
(2) From subsection (d) because access to records in this system
would compromise ongoing investigations and reveal investigative
techniques. In addition, certain of these records may be subject to
protective orders entered by Federal courts to protect their
confidentiality, and many are copies of documents which are the property
of State agencies and were obtained under express or implied promises to
strictly protect their confidentiality. This system also contains
investigatory material compiled by the Equal Opportunity Commission
pursuant to its authority under 42 U.S.C. 2000e-8. Provisions of 42
U.S.C. 2000e-5(b), 42 U.S.C. 2000e-8(e), and 44 U.S.C. 3508 make it
unlawful to make public in any manner whatsoever any information
obtained by the Commission pursuant to the authority. Amendment of the
records would interfere with ongoing criminal law enforcement
proceedings and impose an impossible administrative burden by requiring
criminal investigations to be continuously reinvestigated.
(3) From subsection (g) because exemption from subsection (d) will
render the provisions on suits to enforce subsection (d) inapplicable.
[Order No. 645-76, 41 FR 12640, Mar. 26, 1976, as amended by Order No.
688-77, 42 FR 10000, Feb. 18, 1977; Order No. 8-82, 47 FR 44256, Oct. 7,
1982; Order No. 6-86, 51 FR 15477, Apr. 24, 1986]
Sec. 16.91 Exemption of Criminal Division Systems--limited access, as
indicated.
(a) The following systems of records are exempted pursuant to the
provisions of 5 U.S.C. 552a(j)(2) from subsections (c) (3) and (4), (d),
(e) (1), (2) and (3), (e)(4) (G), (H) and (I), (e) (5) and (8), (f) and
(g) of 5 U.S.C. 552a; in addition, the following systems of records are
exempted pursuant to the provisions of 5 U.S.C. 552a (k)(1) and (k)(2)
from subsections (c)(3), (d), (e)(1), (e)(4) (G), (H), and (I), and (f)
of 5 U.S.C. 552a:
(1) Central Criminal Division, Index File and Associated Records
System of Records (JUSTICE/CRM-001)--Limited Access.
(2) General Crimes Section, Criminal Division, Central Index File
and Associated Records System of Rec-ords (JUSTICE/CRM-004)--Limited
Access.
These exemptions apply to the extent that information in those systems
are subject to exemption pursuant to 5 U.S.C. 552a (j)(2), (k)(1) and
(k)(2).
(b) The systems of records listed under paragraphs (b)(1) and (b)(2)
of this section are exempted, for the reasons set forth, from the
following provisions of 5 U.S.C. 552a:
(1). (c)(3). The release of the disclosure accounting for
disclosures made pursuant to subsection (b) of the Act, including those
permitted under the routine uses published for these systems of records,
would permit the subject of an investigation of an actual or potential
criminal, civil, or regulatory violation to determine whether he is the
subject of investigation, or to obtain valuable information concerning
the nature of that investigation, and the information obtained, or the
identity of witnesses and informants and would therefore present a
serious impediment to law enforcement. In addition, disclosure of the
accounting would amount to notice to the individual of the existence of
a record; such notice requirement under subsection (f)(1) is
specifically exempted for these systems of records.
(2). (c)(4). Since an exemption is being claimed for subsection (d)
of the Act (Access to Records) this subsection is inapplicable to the
extent that these systems of records are exempted from subsection (d).
(3). (d). Access to the records contained in these systems would
inform the subject of an investigation of an actual or potential
criminal, civil, or regulatory violation of the existence of that
investigation, or the nature and scope of the information and evidence
obtained as to his activities, of the identity of witnesses and
informants, or would provide information that could enable the subject
to avoid detection or apprehension. These factors would present a
serious impediment to effective law enforcement because they could
prevent the successful completion of the investigation, endanger the
physical safety of witnesses or informants, and lead to the improper
influencing of witnesses, the destruction of evidence, or the
fabrication of testimony.
(4). (e)(1). The notices of these systems of records published in
the Federal Register set forth the basic statutory or related authority
for maintenance of this system. However, in the course of criminal or
other law enforcement investigations, cases, and matters, the Criminal
Division or its components will occasionally obtain information
concerning actual or potential violations of law that are not strictly
within its statutory or other authority or may compile information in
the course of an investigation which may not be relevant to a specific
prosecution. In the interests of effective law enforcement, it is
necessary to retain such information in these systems of records since
it can aid in establishing patterns of criminal activity and can provide
valuable leads for federal and other law enforcement agencies.
(5). (e)(2). In a criminal investigation or prosecution, the
requirement that information be collected to the greatest extent
practicable from the subject individual would present a serious
impediment to law enforcement because the subject of the investigation
or prosecution would be placed on notice as to the existence of the
investigation and would therefore be able to avoid detection or
apprehension, to influence witnesses improperly, to destroy evidence, or
to fabricate testimony.
(6). (e)(3). The requirement that individuals supplying information
be provided with a form stating the requirements of subsection (e)(3)
would constitute a serious impediment to law enforcement in that it
could compromise the existence of a confidential investigation or reveal
the identity of witnesses or confidential informants.
(7). (e)(4) (G) and (H). Since an exemption is being claimed for
subsections (f) (Agency Rules) and (d) (Access to Records) of the Act
these subsections are inapplicable to the extent that these systems of
records are exempted from subsections (f) and (d).
(8). (e)(4)(I). The categories of sources of the records in these
systems have been published in the Federal Register in broad generic
terms in the belief that this is all that subsection (e)(4)(I) of the
Act requires. In the event, however, that this subsection should be
interpreted to require more detail as to the identity of sources of the
records in these systems, exemption from this provision is necessary in
order to protect the confidentiality of the sources of criminal and
other law enforcement information. Such exemption is further necessary
to protect the privacy and physical safety of witnesses and informants.
(9). (e)(5). In the collection of information for criminal law
enforcement purposes it is impossible to determine in advance what
information is accurate, relevant, timely, and complete. With the
passage of time, seemingly irrelevant or untimely information may
acquire new significance as further investigation brings new details to
light and the accuracy of such information can often only be determined
in a court of law. The restrictions of subsection (e)(5) would restrict
the ability of trained investigators, intelligence analysts, and
government attorneys in exercising their judgment in reporting on
information and investigations and impede the development of criminal or
other intelligence necessary for effective law enforcement.
(10). (e)(8). The individual notice requirements of subsection
(e)(8) could present a serious impediment to law enforcement as this
could interfere with the ability to issue warrants or subpoenas and
could reveal investigative techniques, procedures, or evidence.
(11). (f). Procedures for notice to an individual pursuant to
subsection (f)(1) as to the existence of records pertaining to him
dealing with an actual or potential criminal, civil, or regulatory
investigation or prosecution must be exempted because such notice to an
individual would be detrimental to the successful conduct and/or
completion of an investigation or prosecution pending or future. In
addition, mere notice of the fact of an investigation could inform the
subject or others that their activities are under or may become the
subject of an investigation and could enable the subjects to avoid
detection or apprehension, to influence witnesses improperly, to destroy
evidence, or to fabricate testimony.
Since an exemption is being claimed for subsection (d) of the Act
(Access to Records) the rules require pursuant to subsection (f) (2)
through (5) are inapplicable to these systems of records to the extent
that these systems of records are exempted from subsection (d).
(12). (g). Since an exemption is being claimed for subsections (d)
(Access to Records) and (f) (Agency Rules) this section is inapplicable,
and is exempted for the reasons set forth for those subsections, to the
extent that these systems of records are exempted from subsections (d)
and (f).
(13). In addition, exemption is claimed for these systems of records
from compliance with the following provisions of the Privacy Act of 1974
(5 U.S.C. 552a) pursuant to the provisions of 5 U.S.C. 552a(k)(1):
Subsections (c)(3), (d), (e)(1), (e)(4) (G), (H) and (I) and (f) to the
extent that the records contained in these systems are specifically
authorized to be kept secret in the interests of national defense and
foreign policy.
(c) The following system of records is exempted pursuant to the
provisions of 5 U.S.C. 552a(j) (2) from subsection (c) (3) and (4), (d),
(e) (1), (2) and (3), (e) (4) (G), (H) and (I), (e) (5) and (8), (f) and
(g) of 5 U.S.C. 552a:
Criminal Division Witness Security File System of Records (JUSTICE/
CRM-002).
These exemptions apply to the extent that information in this system is
subject to exemption pursuant to 5 U.S.C. 552a(j)(2).
(d) The system of records listed under paragraph (c) of this section
is exempted, for the reasons set forth, from the following provisions of
5 U.S.C. 552a:
(1). (c)(3) The release of the disclosure accounting for disclosures
made pursuant to subsection (b) of the Act, including those permitted
under the routine uses published for these systems of records, would
permit the subject of an investigation of an actual or potential
criminal violation, which may include those protected under the Witness
Security Program, to determine whether he is the subject of a criminal
investigation, to obtain valuable information concerning the nature of
that investigation and the information obtained, or the identity of
witnesses and informants and the nature of their reports, and would
therefore present a serious impediment to law enforcement. In addition,
disclosure of the accounting would amount to notice to the individual of
the existence of a record; such notice requirement under subsection
(f)(1) is specifically exempted for these systems of records. Moreover,
disclosure of the disclosure accounting to an individual protected under
the Witness Security Program could jeopardize the effectiveness and
security of the Program by revealing the methods and techniques utilized
in relocating witnesses and could therefore jeopardize the ability to
obtain, and to protect the confidentiality of, information compiled for
purposes of a criminal investigation.
(2). (c)(4) Since an exemption is being claimed for subsection (d)
of the Act (Access to Records) this section is inapplicable.
(3). (d) Access to the records contained in these systems would
inform the subject of an investigation of an actual or potential
criminal violation, which may include those protected under the Witness
Security Program, of the existence of that investigation, of the nature
and scope of the information and evidence obtained as to his activities,
of the identity of witnesses and informants, or would provide
information that could enable the subject to avoid detection or
apprehension. These factors would present a serious impediment to
effective law enforcement because they could prevent the successful
completion of the investigation, endanger the physical safety of
witnesses or informants, and lead to the improper influencing of
witnesses, the destruction of evidence, or the fabrication of testimony.
In addition, access to the records in these systems to an individual
protected under the Witness Security Program could jeopardize the
effectiveness and security of the Program by revealing the methods and
techniques utilized in relocating witnesses and could therefore
jeopardize the ability to obtain, and to protect the confidentiality of,
information compiled for purposes of a criminal investigation.
(4). Exemption is claimed from subsection (e)(1) for the reasons
stated in subsection (b)(4) of this section.
(5). (e)(2) In the course of preparing a Witness Security Program
for an individual, much of the information is collected from the
subject. However, the requirement that the information be collected to
the greatest extent practicable from the subject individual would
present a serious impediment to criminal law enforcement because the
individual himself may be the subject of a criminal investigation or
have been a participant in, or observer of, criminal activity. As a
result, it is necessary to seek information from other sources. In
addition, the failure to verify the information provided from the
individual when necessary and to seek other information could jeopardize
the confidentiality of the Witness Security Program and lead to the
obtaining and maintenance of incorrect and uninvestigated information on
criminal matters.
(6). (e)(3) The requirement that individuals supplying information
be provided with a form stating the requirements of subsection (e)(3)
would constitute a serious impediment to law enforcement in that it
could compromise or reveal the identity of witnesses and informants
protected under the Witness Security Program.
(7). (e)(4) (G) and (H). Since an exemption is being claimed for
subsections (f) (Agency Rules) and (d) (Access to Records) of the Act
these subsections are inapplicable.
(8). (e)(4)(I). The categories of sources of the records in these
systems have been published in the Federal Register in broad generic
terms in the belief that this is all that subsection (e)(4)(I) of the
Act requires. In the event, however, that this subsection should be
interpreted to require more detail as to the identity of sources of the
records in the system, exemption from this provision is necessary in
order to protect the confidentiality of the sources of criminal law,
enforcement information and of witnesses and informants protected under
the Witness Security Program.
(9). Exemption is claimed from subsections (e)(5) and (e)(8) for the
reasons stated in subsection (b)(9) and (b)(10) of this section.
(10). Procedures for notice to an individual pursuant to subsection
(f)(1) as to the existence of records contained in these systems
pertaining to him would inform the subject of an investigation of an
actual or potential criminal violation, which may include those
protected under the Witness Security Program, of the existence of that
investigation, of the nature and scope of the information and evidence
obtained as to his activities, of the identity of witnesses and
informants, or would provide information that could enable the subject
to avoid detection or apprehension. These factors would present a
serious impediment to effective law enforcement because they could
prevent the successful conduct and/or completion of an investigation
pending or future, endanger the physical safety of witnesses or
informants, and lead to the improper influencing of witnesses, the
destruction of evidence, or the fabrication of testimony. In addition,
notices as to the existence of records contained in these systems to an
individual protected under the Witness Security Program could jeopardize
the effectiveness and security of the Program by revealing the methods
and techniques utilized in relocating witnesses and could therefore
jeopardize the ability to obtain, and to protect the confidentiality of,
information compiled for purposes of a criminal investigation.
Since an exemption is being claimed for subsection (d) of the Act
(Access to Records) the rules required pursuant to subsection (f) (2)
through (5) are inapplicable.
(11). (g) Since an exemption is being claimed for subsections (d)
(Access to Records) and (f) (Agency Rules) this section is inapplicable
and is exempted for the reasons set forth for those subsections.
(e) The following system of records is exempted pursuant to the
provisions of 5 U.S.C. 552a(j)(2) from subsections (c) (3) and (4), (d),
(e) (4) (G), (H) and (I), (f), and (g) of 5 U.S.C. 552a:
Organized Crime and Racketeering Section, Intelligence and Special
Services Unit, Information Request System of Records (JUSTICE/CRM-014).
These exemptions apply to the extent that information in this system is
subject to exemption pursuant to 5 U.S.C. 552a(j)(2).
(f) The system of records listed under paragraph (e) of this section
is exempted for the reasons set forth, from the following provisions of
5 U.S.C. 552a:
(1). (c)(3). The release of the disclosure accounting for
disclosures made pursuant to subsection (b) of the Act, including those
permitted under the routine uses published for these systems of records,
would permit the subject of an investigation of an actual or potential
criminal violation to determine whether he is the subject of a criminal
investigation and would therefore present a serious impediment to law
enforcement. The records in these systems contain the names of the
subjects of the files in question and the system is accessible by name
of the person checking out the file and by name of the subject of the
file. In addition, disclosure of the accounting would amount to notice
to the individual of the existence of a record; such notice requirement
under subsection (f)(1) is specifically exempted for these systems of
records.
(2). (c)(4). Since an exemption is being claimed for subsection (d)
of the Act (Access to Records) this section is inapplicable.
(3). (d). Access to the records contained in these systems would
inform the subject of an investigation of an actual or potential
criminal violation of the existence of that investigation. This would
present a serious impediment to effective law enforcement because it
could prevent the successful completion of the investigation, endanger
the physical safety of witnesses or informants, and lead to the improper
influencing of witnesses, the destruction of evidence, or the
fabrication of testimony.
(4). Exemption is claimed from subsections (e)(4) (G), (H) and (I)
for the reasons stated in subsections (b)(7) and (b)(8) of this section.
(5). (f). These systems may be accessed by the name of the person
who is the subject of the file and who may also be the subject of a
criminal investigation. Procedures for notice to an individual pursuant
to subsection (f)(1) as to the existence of records pertaining to him,
which may deal with an actual or potential criminal investigation or
prosecution, must be exempted because such notice to an individual would
be detrimental to the successful conduct and/or completion of the
investigation or prosecution pending or future. In addition mere notice
of the fact of an investigation could inform the subject or others that
their activities are under or may become the subject of an investigation
and could enable the subjects to avoid detection or apprehension, to
influence witnesses improperly, to destroy evidence, or to fabricate
testimony.
Since an exemption is being claimed for subsection (d) of the Act
(Access to Records) the rules required pursuant to subsection (f) (2)
through (5) are inapplicable.
(6). (g). Since an exemption is being claimed for subsections (d)
(Access to Records) and (f) (Agency Rules) of the Act this section is
inapplicable and is exempted for the reasons set forth for those
subsections.
(g) The following system of records is exempted pursuant to the
provisions of 5 U.S.C. 552a(j)(2) from subsections (c)(4), (d), (e)(4)
(G), (H) and (I), (f) and (g) of 5 U.S.C. 552a.
File of Names Checked to Determine If Those Individuals Have Been the
Subject of an Electronic Surveillance System of Records (JUSTICE/CRM-
003).
These exemptions apply to the extent that information in this system is
subject to exemption pursuant to 5 U.S.C. 552a(j)(2).
(h) The system of records listed under paragraph (g) of this section
is exempted, for the reasons set forth, from the following provisions of
5 U.S.C. 552a:
(1). (c)(4). Since an exemption is being claimed for subsection (d)
of the Act (Access to Records) this section is inapplicable to the
extent that this system of records is exempted from subsection (d).
(2). (d). The records contained in this system of records generally
consist of information filed with the court in response to the request
and made available to the requestor. To the extent that these records
have been so filed, no exemption is sought from the provisions of this
subsection. Occasionally, the records contain pertinent logs of
intercepted communications and other investigative reports not filed
with the court. These records must be exempted because access to such
records could inform the subject of an investigation of an actual or
potential criminal violation of the existence of that investigation and
of the nature of the information and evidence obtained by the
government. This would present a serious impediment to effective law
enforcement because it could prevent the successful completion of the
investigation, endanger the physical safety of witnesses or informants,
and lead to the improper influencing of witnesses, the destruction of
evidence, or the fabrication of testimony.
(3). Exemption is claimed from subsections (e)(4) (G), (H) and (I)
for the reasons stated in subsections (b)(7) and (b)(8) of this section.
(4). (f). The records contained in this system of records generally
consist of information filed with the court and made available to the
requestor. To the extent that these records have been so filed, no
exemption is sought from the provisions of this subsection.
Occasionally, the records contain pertinent logs of intercepted
communications and other investigative reports not filed with the court.
These records must be exempted from a requirement of notification as to
their existence because such notice to an individual would be
detrimental to the successful conduct and/or completion of a criminal
investigation or prosecution pending or future. In addition, mere notice
of the existence of such logs or investigative reports could inform the
subject or others that their activities are under or may become the
subject of an investigation and could enable the subjects to avoid
detection or apprehension, to influence witnesses improperly, to destroy
evidence, or to fabricate testimony.
Since an exemption is being claimed for subsection (d) of the Act
(Access to Records) the rules required pursuant to subsection (f) (2)
through (5) are inapplicable to the extent that this system of records
is exempted for subsection (d).
(6). (g). Since an exemption is being claimed for subsections (d)
(Access to Records) and (f) (Agency Rules) this section is inapplicable,
and is exempted for the reasons set forth for those subsections, to the
extent that this system of records is exempted from subsections (d) and
(f).
(i) The following systems of records are exempted pursuant to the
provisions of 5 U.S.C. 552a(j)(2) from subsections (c) (3) and (4), (d),
(e) (1), (2), and (3), (e)(4) (G), (H), and (I), (e) (5) and (8), (f)
and (g) of 5 U.S.C. 552a:
(1) Information File on Individuals and Commercial Entities Known or
Suspected of Being Involved in Fraudulent Activities System of Records
(JUSTICE/CRM-006).
(2) The Stocks and Bonds Intelligence Control Card File System of
Records (JUSTICE/CRM-021).
(3) Tax Disclosure Index File and Associated Records (JUSTICE/CRM-
025).
These exemptions apply only to the extent that information in these
systems is subject to exemption pursuant to 5 U.S.C. 552a(j)(2).
(j) The systems of records listed in paragraphs (i)(1), (i)(2), and
(i)(3) of this section are exempted, for the reasons set forth, from the
following provisions of 5 U.S.C. 552a:
(1)(c)(3) The release of the disclosure accounting for disclosures
made pursuant to subsection (b) of the act, including those permitted
under the routine uses published for these systems of records, would
permit the subject of an investigation of an actual or potential
criminal violation to determine whether he is the subject of a criminal
investigation, to obtain valuable information concerning the nature of
that investigation, and the information obtained, or the identity of
witnesses and informants, and would therefore present a serious
impediment to law enforcement. In addition, disclosure of the accounting
would amount to notice to the individual of the existence of a record;
such notice requirement under subsection (f)(1) is specifically exempted
for this system of records.
(2)(c)(4) Since an exemption is being claimed for subsection (d) of
the act (access to records), this section is inapplicable to the extent
that these systems of records are exempted from subsection (d).
(3)(d) Access to the records contained in these systems would inform
the subject of an investigation of an actual or potential criminal
violation of the existence of that investigation, of the nature and
scope of the information and evidence obtained as to his activities, of
the identity of witnesses and informants, or would provide information
that could enable the subject to avoid detection or apprehension. These
factors would present a serious impediment to effective law enforcement
because they could prevent the successful completion of the
investigation, endanger the physical safety of witnesses or informants,
and lead to the improper influencing of witnesses, the destruction of
evidence, or the fabrication of testimony.
(4) Exemption is claimed from subsections (e) (1), (2), and (3),
(e)(4) (G), (H), and (I), (e)(5) and (e)(8) for the reasons stated in
subsections (b)(4), (b)(5), (b)(6), (b)(7), (b)(8), (b)(9), and (b)(10)
of this section.
(5)(f) Procedures for notice to an individual pursuant to subsection
(f)(1) as to the existence of records pertaining to him dealing with an
actual or potential criminal investigation or prosecution must be
exempted because such notice to an individual would be detrimental to
the successful conduct and/or completion of an investigation or
prosecution pending or future. In addition, mere notice of the fact of
an investigation could inform the subject or others that their
activities are under or may become the subject of an investigation and
could enable the subjects to avoid detection or apprehension, to
influence witnesses improperly, to destroy evidence, or to fabricate
testimony. Since an exemption is being claimed for subsection (d) of the
act (access to records), the rules required pursuant to subsection (f)
(2) through (5) are inapplicable to these systems of records.
(6)(g) Since an exemption is being claimed for subsections (d)
(access to records) and (f) (Agency rules), this section is inapplicable
and is exempted for the reasons set forth for those subsections.
(k) The following system of records is exempted pursuant to the
provisions of 5 U.S.C. 552a(j)(2) from subsections (c) (3) and (4), (d),
(e) (1), (2) and (3), (e)(4) (G), (H) and (I), (e) (5) and (8), (f) and
(g) of 5 U.S.C. 552a; in addition, the following systems of records are
exempted pursuant to the provisions of 5 U.S.C. 552a(k)(1) from
subsections (c) (3), (d), (e)(1), (e)(4) (G), (H) and (I) and (f) of 5
U.S.C. 552a:
Organized Crime and Racketeering Section, Criminal Division, General
Index File and Associated Records System of Records (JUSTICE/CRM-012).
These exemptions apply to the extent that information in this system is
subject to exemption pursuant to 5 U.S.C. 552a(j)(2) and (k)(1).
(l) The system of records listed under paragraph (m)\1\ of this
section is exempted, for the reasons set forth, from the following
provisions of 5 U.S.C. 552a:
---------------------------------------------------------------------------
\1\ Paragraph (m) was redesignated as paragraph (k) at 44 FR 54046,
Sept. 18, 1979.
(1). Exemption is claimed from subsections (c) (3) and (4) and (d)
for the reasons stated in subsections (j)(1), (j)(2) and (j)(3) of this
section.
(2). (e)(1). The notice for this system of records published in the
Federal Register sets forth the basic statutory or related authority for
maintenance of this system. However, in the course of criminal
investigations, cases, and matters, the Organized Crime and Racketeering
Section will occasionally obtain information concerning actual or
potential violations of law that are not strictly within its statutory
or other authority, or may compile information in the course of an
investigation which may not be relevant to a specific prosecution. In
the interests of effective law enforcement, it is necessary to retain
such information in this system of records since it can aid in
establishing patterns of criminal activity and can provide valuable
leads for federal and other law enforcement agencies.
(3). Exemption is claimed from subsections (e) (2) and (3), (e)(4)
(G), (H) and (I), (e) (5) and (8), (f) and (g) for the reasons stated in
subsections (b)(5), (b)(6), (b)(7), (b)(8), (b)(9), (b)(10), (b)(11) and
(b)(12) of this section.
(4). In addition, exemption is claimed for this system of records
from compliance with the following provisions of the Privacy Act of 1974
(5 U.S.C. 552a) pursuant to the provisions of 5 U.S.C. 552a(k)(1):
Subsections (c)(3), (d), (e)(1), (e)(4) (G), (H) and (I) and (f) to the
extent that the records contained in this system are specifically
authorized to be kept secret in the interests of national defense and
foreign policy.
(m) The following system of records is exempted pursuant to the
provisions of 5 U.S.C. 552a(j)(2) from subsections (c) (3) and (4), (d),
(e) (2) and (3), (e) (4) (G), (H) and (I), (e) (8), (f) and (g) of 5
U.S.C. 552a:
Requests to the Attorney General For Approval of Applications to
Federal Judges For Electronic Interceptions System of Records (JUSTICE/
CRM-019).
These exemptions apply only to the extent that information in this
system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2).
(n) The system of records listed in paragraph (m) of this section is
exempted for the reasons set forth, from the following provisions of 5
U.S.C. 552a:
(1). (c)(3). The release of the disclosure accounting for
disclosures made pursuant to subsection (b) of the Act, including those
permitted under the routine uses published for these systems of records,
would permit the subject of an electronic interception to obtain
valuable information concerning the interception, including information
as to whether he is the subject of a criminal investigation, by means
other than those provided for by statute. Such information could
interfere with the successful conduct and/or completion of a criminal
investigation, and would therefore present a serious impediment to law
enforcement. In addition, disclosure of the accounting would amount to
notice to the individual of the existence of a record; such notice
requirement under subsection (f)(1) is specifically exempted for these
systems of records.
(2). (c)(4). Since an exemption is being claimed for subsection (d)
of the Act (Access to Records) this section is inapplicable.
(3). (d). Access to the records contained in these systems would
inform the subject of an electronic interception of the existence of
such surveillance including information as to whether he is the subject
of a criminal investigation by means other than those provided for by
statute. This could interfere with the successful conduct and/or
completion of a criminal investigation and therefore present a serious
impediment to law enforcement.
(4). (e)(2). In the context of an electronic interception, the
requirement that information be collected to the greatest extent
practicable from the subject individual would present a serious
impediment to law enforcement because the subject of the investigation
or prosecution would be placed on notice as to the existence of the
investigation and this would therefore destroy the efficacy of the
interception.
(5). (e)(3). The requirement that individuals supplying information
be provided with a form stating the requirements of subsection (e)(3)
would constitute a serious impediment to law enforcement in that it
could compromise the existence of a confidential electronic interception
or reveal the identity of witnesses or confidential informants.
(6). (e)(4) (G) and (H). Since an exemption is being claimed for
subsections (f) (Agency Rules) and (d) (Access to Records) of the Act
these subsections are inapplicable.
(7). Exemption is claimed from subsections (e)(4)(I) and (e)(8) for
the reasons stated in subsections (b)(8) and (b)(10) of this section.
(8). (f). Procedures for notice to an individual pursuant to
subsection (f)(1) as to the existence of records pertaining to him
dealing with an electronic interception other than pursuant to statute
must be exempted because such notice to an individual would be
detrimental to the successful conduct and/or completion of an
investigation pending or future. In addition, mere notice of the fact of
an electronic interception could inform the subject or others that their
activities are under or may become the subject of an investigation and
could enable the subjects to avoid detection or apprehension, to
influence witnesses improperly, to destroy evidence, or to fabricate
testimony.
Since an exemption is being claimed for subsection (d) of the Act
(Access to Records) the rules required pursuant to subsection (f)(2)
through (5) are inapplicable to these systems of records to the extent
that these systems of records are exempted from subsection (d).
(9). (g). Since an exemption is being claimed for subsection (d)
(Access to Records) and (f) (Agency Rules) this section is inapplicable,
and is exempted for the reasons set forth for those subsections, to the
extent that these systems of records are exempted from subsection (d)
and (f).
(o) The following system of records is exempted pursuant to the
provisions of 5 U.S.C. 552a(j)(2) from subsections (c) (3) and (4), (d),
(e) (2) and (3), (e) (4) (G), (H), and (I), (e)(8), (f) and (g) of 5
U.S.C. 552a; in addition the following system of records is exempted
pursuant to the provisions of 5 U.S.C. 552a(k)(1) and (k)(2) from
subsections (c)(3), (d), (e)(4) (G), (H) and (I), and (f) of 5 U.S.C.
552a:
Witness Immunity Records System of Records (JUSTICE/CRM-022).
These exemptions apply only to the extent that information in this
system is subject to exemption pursuant to 5 U.S.C. 552a (j)(2) and
(k)(1) and (k)(2).
(p) The system of records listed under paragraph (q)\2\ of this
section is exempted, for the reasons set forth, from the following
provisions of 5 U.S.C. 552a:
---------------------------------------------------------------------------
\2\ Paragraph (q) was redesignated as paragraph (o) at 44 FR 54046,
Sept. 18, 1979.
(1). (c)(3). Release of the accounting of disclosures made pursuant
to subsection (b) of the Act, including those permitted under the
routine uses published for this system of records, (a) as to a witness
for whom immunity has been proposed, would inform the individual of the
existence of the proposed immunity prematurely, thus creating a serious
impediment to effective law enforcement in that the witness could flee,
destroy evidence, or fabricate testimony; and (b) as to a witness to
whom immunity has been granted, or for whom it has been denied, would
reveal the nature and scope of the activities, if any, of the witness
known to the government, which would also create a serious impediment to
effective law enforcement.
(2). (c)(4). Since an exemption is being claimed for subsection (d)
of the Act (Access to Records) this section is inapplicable to the
extent that this system of records is exempted from subsection (d).
(3). (d). Access to the records contained in this system (a) as to a
witness for whom immunity has been proposed, would inform the individual
of the existence of the proposed immunity prematurely, thus presenting a
serious impediment to effective law enforcement in that the witness
could flee, destroy evidence, or fabricate testimony; and (b) as to a
witness to whom immunity has been granted, or for whom it has been
denied, would reveal the nature and scope of the activities, if any, of
the witness known to the government, which would also create a serious
impediment to effective law enforcement.
(4). (e)(2). In a witness immunity request matter, the requirement
that information be collected to the greatest extent practicable from
the subject individual would present a serious impediment to law
enforcement because the subject of the immunity request and often the
subject of the underlying investigation or prosecution would be placed
on notice as to the existence of the investigation and would therefore
be able to avoid detection or apprehension, to influence witnesses
improperly, to destroy evidence, or to fabricate testimony.
(5). Exemption is claimed from subsections (e)(3), (e)(4)(G), (H)
and (I), and (e)(8) for the reasons stated in subsections (b)(6),
(b)(7), (b)(8) and (b)(10) of this section.
(6). (f). Procedures for notice to an individual pursuant to
subsection (f)(1) as to the existence of records pertaining to him (a)
as to a witness for whom immunity has been proposed, would inform the
individual of the existence of the proposed immunity prematurely, thus
presenting a serious impediment to effective law enforcement in that the
witness could flee, destroy evidence, or fabricate testimony; and (b) as
to a witness to whom immunity has been granted, or for whom it has been
denied, would reveal the nature and scope of the activity, if any, of
the witness known to the government, which would also create a serious
impediment to effective law enforcement.
Since an exemption is being claimed for subsection (d) of the Act
(Access to Records) the rules required pursuant to subsection (f)(2)
through (5) are inapplicable to this system of records to the extent
that this system of records is exempted from subsection (d).
(7). (g). Since an exemption is being claimed for subsections (d)
(Access to Records) and (f) (Agency Rules) this section is inapplicable,
and is exempted for the reasons set forth for those subsections, to the
extent that this system of records is exempted for subsections (d) and
(f).
(8). In addition, exemption is claimed for this system of records
from compliance with the following provisions of the Privacy Act of 1974
(5 U.S.C. 552a) pursuant to the provisions of 5 U.S.C. 552a(k)(1):
subsections (c)(3), (d), (e)(1), (e)(4) (G), (H) and (I) and (f) to the
extent that the records contained in this system are specifically
authorized to be kept secret in the interests of national defense and
foreign policy.
(q) The following system of records is exempt from 5 U.S.C. 552a(c)
(3) and (4), (d), (e) (1), (2) and (3), (e)(4) (G), (H) and (I), (e) (5)
and (8), (f), and (g):
(1) Freedom of Information/Privacy Act Records (JUSTICE/CRM-024)
These exemptions apply to the extent that information in this system is
subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(1) and (k)(2).
(r) Because this system contains Department of Justice civil and
criminal law enforcement, investigatory records, it is exempted for the
reasons set forth from the following provisions of 5 U.S.C. 552a:
(1)(c)(3). The release of the disclosure accounting would present a
serious impediment to law enforcement by permitting the subject of an
investigation of an actual or potential criminal, civil, or regulatory
violation to determine whether he is the subject of investigation, or to
obtain valuable information concerning the nature of that investigation
and the information obtained, or to identify witnesses and informants.
(2)(c)(4). Since an exemption is being claimed for subsection (d) of
the Act (Access to Records), this subsection is inapplicable to the
extent that this system of records is exempted from subsection (d).
(3)(d). Access to records contained in this system would enable the
subject of an investigation of an actual or potential criminal or civil
case or regulatory violation to determine whether he or she is the
subject of investigation, to obtain valuable information concerning the
nature and scope of the investigation, and information or evidence
obtained as to his/her activities, to identify witnesses and informants,
or to avoid detection or apprehension. Such results could prevent the
successful completion of the investigation, endanger the physical safety
of witnesses or informants, lead to the improper influencing of
witnesses, the destruction of evidence, or the fabrication of testimony,
and thereby present a serious impediment to effective law enforcement.
Amendment of the records would interfere with ongoing criminal law
enforcement proceedings and impose an impossible administrative burden
by requiring criminal investigations to be continuously reinvestigated.
(4)(e)(1). In the course of criminal or other law enforcement
investigations, cases, and matters, the Criminal Division will
occasionally obtain information concerning actual or potential
violations of law that are not strictly within its statutory or other
authority, or it may compile information in the course of an
investigation which may not be relevant to a specific prosecution. In
the interests of effective law enforcement, it is necessary to retain
such information since it can aid in establishing patterns of criminal
activity and can provide valuable leads for Federal and other law
enforcement agencies.
(5)(e)(2). To collect information to the greatest extent practicable
from the subject individual of a criminal investigation or prosecution
would present a serious impediment to law enforcement. The nature of
criminal and other investigative activities is such that vital
information about an individual can only be obtained from other persons
who are familiar with such individual and his/her activities. In such
investigations it is not feasible to rely upon information furnished by
the individual concerning his own activities.
(6) (e)(3). To provide individuals supplying information with a form
stating the requirements of subsection (e)(3) would constitute a serious
impediment to law enforcement in that it could compromise the existence
of a confidential investigation or reveal the identity of witnesses or
confidential informants.
(7)(e)(4) (G) and (H). These subsections are inapplicable to the
extent that this system is exempt from the access provisions of
subsection (d) and the rules provisions of subsection (f).
(8)(e)(4)(I). The categories of sources of the records in this
system have been published in the Federal Register in broad generic
terms in the belief that this is all that subsection (e)(4)(I) of the
Act requires. In the event, however, that this subsection should be
interpreted to require more detail as to the identity of sources of the
records in this system, exemption from this provision is necessary to
protect the confidentiality of the sources of criminal and other law
enforcement information. Such exemption is further necessary to protect
the privacy and physical safety of witnesses and informants.
(9) (e)(5). In the collection of information for criminal law
enforcement purposes it is impossible to determine in advance what
information is accurate, relevant, timely, and complete. With the
passage of time, seemingly irrelevant or untimely information may
acquire new significance as further investigation brings new details to
light and the accuracy of such information can often only be determined
in a court of law. The restrictions of subsection (e)(5) would inhibit
the ability of trained investigators, intelligence analysts, and
government attorneys in exercising their judgment in reporting on
information and investigations and impede the development of criminal or
other intelligence necessary for effective law enforcement.
(10)(e)(8). The individual notice requirements of subsection (e)(8)
could present a serious impediment to law enforcement as this could
interfere with the ability to issue warrants or subpoenas and could
reveal investigative techniques, procedures, or evidence.
(11)(f). This subsection is inapplicable to the extent that this
system is exempt from the access provisions of subsection (d).
(12)(g). Because some of the records in this system contain
information which was compiled for law enforcement purposes and have
been exempted from the access provisions of subsection (d), subsection
(g) is inapplicable.
(s) The following system of records is exempted from 5 U.S.C.
552a(d).
Office of Special Investigations Displaced Persons Listings
(JUSTICE/CRM-027).
This exemption applies to the extent that the records in this system are
subject to exemption pursuant to 5 U.S.C. 552a(k)(2).
(t) Exemption from subsection (d) is justified for the following
reasons:
(1) Access to records contained in this system could inform the
subject of the identity of witnesses or informants. The release of such
information could present a serious impediment to effective law
enforcement by endangering the physical safety of witnesses or
informants; by leading to the improper influencing of witnesses, the
destruction of evidence, or the fabrication of testimony; or by
otherwise preventing the successful completion of an investigation.
[Order No. 645-76, 41 FR 12640, Mar. 26, 1976, as amended by Order No.
659-76, 41 FR 32423, Aug. 3, 1976; Order No. 11-78, 43 FR 38386, Aug.
28, 1978; Order No. 30-79, 44 FR 54046, Sept. 18, 1979; Order Nos. 6-86,
7-86, 51 FR 15475, 15477, Apr. 24, 1986]
Sec. 16.92 Exemption of Land and Natural Resources Division System--
limited access, as indicated.
(a) The following system of records is exempt from 5 U.S.C.
552a(c)(3) and (d):
(1) Docket Card System (JUSTICE/LDN-003).
These exemptions apply only to the extent that information in this
system is subject to exemption pursuant to 5 U.S.C. 552a(k)(2).
(b) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (c)(3) because that portion of the Docket Card
System relating to enforcement of criminal provisions of the Refuse Act
of 1899 (33 U.S.C. 407), section 10 of the River and Harbor Act of 1899
(33 U.S.C. 403), section 5 of the Outer Continental Shelf Act (43 U.S.C.
1151 et seq.), the Clean Air Act (42 U.S.C. 1857 et seq.) and the Noise
Control Act of 1972 (42 U.S.C. 4901), is being exempted from access and
contest; the provisions for disclosure of accounting is not applicable.
(2) From subsection (d) because of the need to safeguard the
identity of confidential informants and to facilitate the enforcement of
the criminal provisions of the above statutes.
(c) The following system of records is exempt from 5 U.S.C. 552a
(c)(3) and (d):
(1) Freedom of Information/Privacy Act Records System. (Justice/LDN-
005).
These exemptions apply only to the extent that information in this
system is subject to exemption pursuant to 5 U.S.C. 552a(k)(2).
(d) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (c) (3) because that portion of the Freedom of
Information/Privacy Act Records System that consists of investigatory
materials compiled for law enforcement purposes is being exempted from
access and contest; the provision for disclosure of accounting is not
applicable.
(2) From subsection (d) because of the need to safeguard the
identity of confidential informants and avoid interference with ongoing
investigations or law enforcement activities by preventing premature
disclosure of information relating to those efforts.
[Order No. 688-77, 42 FR 10000, Feb. 18, 1977]
Sec. 16.93 Exemption of Tax Division Systems--limited access.
(a) The following systems of records are exempted pursuant to the
provisions of 5 U.S.C. 552a (j)(2) from subsections (c)(3), (c)(4),
(d)(1), (d)(2), (d)(3), (d)(4), (e)(1), (e)(2), (e)(3), (e)(4)(G),
(e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f) and (g) of 5 U.S.C. 552a:
(1) Tax Division Central Classification Cards, Index Docket Cards,
and Associated Records--Criminal Tax Cases (JUSTICE/TAX-001)--Limited
Access.
(2) Tax Division Special Projects Files (JUSTICE/TAX-005)--Limited
Access.
These exemptions apply to the extent that information in these systems
is subject to exemption pursuant to 5 U.S.C. 552a(j)(2).
(b) The systems of records listed under paragraphs (a)(1) and (a)(2)
of this section are exempted for the reasons set forth below, from the
following provisions of 5 U.S.C. 552a:
(1)(c)(3). The release of the disclosure accounting, for disclosures
made pursuant to subsection (b) of the Act, including those permitted
under the routine uses published for those systems of records, would
enable the subject of an investigation of an actual or potential
criminal tax case to determine whether he or she is the subject of
investigation, to obtain valuable information concerning the nature of
that investigation and the information obtained, and to determine the
identity of witnesses or informants. Such access to investigative
information would, accordingly, present a serious impediment to law
enforcement. In addition, disclosure of the accounting would constitute
notice to the individual of the existence of a record even though such
notice requirement under subsection (f)(1) is specifically exempted for
these systems of records.
(2)(c)(4). Since an exemption is being claimed for subsection (d) of
the Act (Access to Records) this subsection is inapplicable to the
extent that these systems of records are exempted from subsection (d).
(3) (d)(1); (d)(2); (d)(3); (d)(4). Access to the records contained
in these systems would inform the subject of an actual or potential
criminal tax investigation of the existence of that investigation, of
the nature and scope of the information and evidence obtained as to his
or her activities, and of the identity of witnesses or informants. Such
access would, accordingly, provide information that could enable the
subject to avoid detection, apprehension and prosecution. This result,
therefore, would constitute a serious impediment to effective law
enforcement not only because it would prevent the successful completion
of the investigation but also because it could endanger the physical
safety of witnesses or informants, lead to the improper influencing of
witnesses, the destruction of evidence, or the fabrication of testimony.
(4)(e)(1). The notices for these systems of records published in the
Federal Register, set forth the basic statutory or related authority for
maintenance of these systems. However, in the course of criminal tax and
related law enforcement investigations, cases, and matters, the Tax
Division will occasionally obtain information concerning actual or
potential violations of law that may not be technically within its
statutory or other authority or may compile information in the course of
an investigation which may not be relevant to a specific prosecution. In
the interests of effective law enforcement, it is necessary to retain
some or all of such information in these systems of records since it can
aid in establishing patterns of criminal activity and can provide
valuable leads for Federal and other law enforcement agencies.
(5)(e)(2). In a criminal tax investigation or prosecution, the
requirement that information be collected to the greatest extent
practicable from the subject individual would present a serious
impediment to law enforcement because the subject of the investigation
or prosecution would be placed on notice as to the existence of the
investigation and would therefore be able to avoid detection or
apprehension, influence witnesses improperly, destroy evidence, or
fabricate testimony.
(6)(e)(3). The requirement that individuals supplying information be
provided with a form stating the requirements of subsection (e)(3) would
constitute a serious impediment to law enforcement in that it could
compromise the existence of a confidential investigation or reveal the
identity of witnesses or confidential informants.
(7)(e)(4) (G) and (H). Since an exemption is being claimed for
subsections (f) (Agency Rules) and (d) (Access to Records) of the Act
these subsections are inapplicable to the extent that these systems of
records are exempted from subsection (f) and (d).
(8)(e)(4)(I). The categories of sources of the records in the
systems have been published in the Federal Register in broad generic
terms in the belief that this is all that subsection (e)(4)(I) of the
Act requires. In the event, however, that this subsection should be
interpreted to require more detail as to the identity of sources of the
records in these systems, exemption from this provision is necessary in
order to protect the confidentiality of the sources of criminal tax and
related law enforcement information. Such exemption is further necessary
to protect the privacy and physical safety of witnesses and informants.
(9)(e)(5). In the collection of information for criminal tax
enforcement purposes it is impossible to determine in advance what
information is accurate, relevant, timely, and complete. With the
passage of time, seemingly irrelevant or untimely information may
acquire new significance as further investigation brings new details to
light. Furthermore, the accuracy of such information can often only be
determined in a court of law. The restrictions of subsection (e)(5)
would restrict the ability of government attorneys in exercising their
judgment in reporting on information and investigations and impede the
development of criminal tax information and related data necessary for
effective law enforcement.
(10)(e)(8). The individual notice requirements of subsection (e)(8)
could present a serious impediment to law enforcement as this could
interfere with the ability to issue warrants or subpoenas and could
reveal investigative techniques, procedures, or evidence.
(11)(f). Procedures for notice to an individual pursuant to
subsection (f)(1) as to the existence of records pertaining to him
dealing with an actual or potential criminal tax, civil tax, or
regulatory investigation or prosecution must be exempted because such
notice to an individual would be detrimental to the successful conduct
and/or completion or an investigation or prosecution pending or future.
In addition, mere notice of the fact of an investigation could inform
the subject or others that their activities are under or may become the
subject of an investigation and could enable the subjects to avoid
detection or apprehension, to influence witnesses improperly, to destroy
evidence, or to fabricate testimony.
Since an exemption is being claimed for subsection (d) of the Act
(Access to Records) the rules required pursuant to subsection (f) (2)
through (5) are inapplicable to these systems of records to the extent
that these systems of records are exempted from subsection (d).
(12)(g). Since an exemption is being claimed for subsections (d)
(Access to Records) and (f) (Agency Rules) this section is inapplicable,
and is exempted for the reasons set forth for those subsections, to the
extent that these systems of records are exempted from subsections (d)
and (f).
(c) The following system of records is exempted pursuant to the
provisions of 5 U.S.C. 552a(k)(2) from subsections (c)(3), (d)(1),
(d)(2), (d)(3), (d)(4), (e)(1), (e)(4)(G, (e)(4)(H, (e)(4)(I) and (f) of
5 U.S.C. 552a:
(1) Tax Division Central Classification Cards, Index Docket Cards,
and Associated Records--Civil Tax Cases (JUSTICE/TAX-002)--Limited
Access.
These exemptions apply to the extent that information in this system is
subject to exemption pursuant to 5 U.S.C. 552a(k)(2).
(d) The system of records listed under paragraph (c)(1) is exempted
for the reasons set forth below, from the following provisions of 5
U.S.C. 552a:
(1)(c)(3). The release of the disclosure accounting, for disclosures
made pursuant to subsection (b) of the Act, including those permitted
under the routine uses published for this system of records, would
enable the subject of an investigation of an actual or potential civil
tax case to determine whether he or she is the subject of investigation,
to obtain valuable information concerning the nature of that
investigation and the information obtained, and to determine the
identity of witnesses or informants. Such access to investigative
information would, accordingly, present a serious impediment to law
enforcement. In addition, disclosure of the accounting would constitute
notice to the individual of the existence of a record even though such
notice requirement under subsection (f)(1) is specifically exempted for
this system of records.
(2) (d)(1); (d)(2); (d)(3); (d)(4). Access to the records contained
in this system would inform the subject of an actual or potential civil
tax investigation of the existence of that investigation, of the nature
and scope of the information and evidence obtained as to his or her
activities and of the identity of witnesses or informants. Such access
would, accordingly, provide information that could enable the subject to
avoid detection. This result, therefore, would constitute a serious
impediment to effective law enforcement not only because it would
prevent the successful completion of the investigation but also because
it could endanger the physical safety of witnesses or informants, lead
to the improper influencing of witnesses, the destruction of evidence,
or the fabrication of testimony.
(3)(e)(1). The notices for this system of records published in the
Federal Register set forth the basic statutory or related authority for
maintenance of this system. However, in the course of civil tax and
related law enforcement investigations, cases and matters, the Tax
Division will occasionally obtain information concerning actual or
potential violations of law that are not strictly or technically within
its statutory or other authority or may compile information in the
course of an investigation which may not be relevant to a specific case.
In the interests of effective law enforcement, it is necessary to retain
some or all of such information in this system of records since it can
aid in establishing patterns of tax compliance and can provide valuable
leads for Federal and other law enforcement agencies.
(4)(e)(4) (G) and (H). Since an exemption is being claimed for
subsections (f) (Agency Rules) and (d) (Access to Records) of the Act
these subsections are inapplicable to the extent that this system of
records is exempted from subsection (f) and (d).
(5)(e)(4)(I). The categories of sources of the records in this
system have been published in the Federal Register in broad generic
terms in the belief that this is all that subsection (e)(4)(I) of the
Act requires. In the event, however, that this subsection should be
interpreted to require more detail as to the identity of sources of the
records in this system, exemption from this provision is necessary in
order to protect the confidentiality of the sources of civil tax and
related law enforcement information. Such exemption is further necessary
to protect the privacy and physical safety of witnesses and informants.
(6)(f). Procedures for notice to an individual pursuant to
subsection (f)(1) as to existence of records pertaining to the
individual dealing with an actual or potential criminal tax, civil tax,
or regulatory investigation or prosecution must be exempted because such
notice to an individual would be detrimental to the successful conduct
and/or completion of an investigation or case, pending or future. In
addition, mere notice of the fact of an investigation could inform the
subject or others that their activities are under or may become the
subject of an investigation and could enable the subjects to avoid
detection, to influence witnesses improperly, to destroy evidence, or to
fabricate testimony.
Since an exemption is being claimed for subsection (d) of the Act
(Access to Records) the rules required pursuant to subsection (f) (2)
through (5) are inapplicable to this system of records to the extent
that this system of records is exempted from subsection (d).
(e) The following system of records is exempt from 5 U.S.C. 552a
(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4), (G), (e)(4)(H),
(e)(4)(I), (e) (5) and (8), (f), and (g).
(1) Freedom of Information--Privacy Act Request Files (JUSTICE/TAX-
004)
These exemptions apply to the extent that information in this system is
subject to exemption pursuant to 5 U.S.C. 552a(j)(2) and (k)(2).
(f) Because this system contains Department of Justice civil and
criminal law enforcement, investigatory records, it is exempted for the
reasons set forth from the following provisions of 5 U.S.C. 552a:
(1)(c)(3). The release of the disclosure accounting would present a
serious impediment to law enforcement by permitting the subject of a
investigation of an actual or potential criminal, civil, or regulatory
violation to determine whether he is the subject of investigation, or to
obtain valuable information concerning the nature of that investigation
and the information obtained, or to identify witnesses and informants.
(2)(c)(4). Since an exemption is being claimed for subsection (d) of
the Act (Access to Records), this subsection is inapplicable to the
extent that this system of records is exempted from subsection (d).
(3)(d). Access to records contained in this system would inform the
subject of an actual or potential criminal tax investigation of the
existence of that investigation, of the nature and scope of the
investigation, of the information and evidence obtained as to his or her
activities, and of the identity of witnesses or informants. Such access
would, accordingly, provide information that could enable the subject to
avoid detection, apprehension, and prosecution. This result, therefore,
would constitute a serious impediment to effective law enforcement not
only because it would prevent the successful completion of the
investigation but also because it could endanger the physical safety of
witnesses or informants, lead to the improper influencing of witnesses,
the destruction of evidence, of the fabrication of testimony. Amendment
of the records would interfere with ongoing criminal law enforcement
proceedings and imposes an impossible administrative burden by requiring
criminal investigations to be continuously reinvestigated.
(4)(e)(1). In the course of criminal tax and related law enforcement
investigations, cases, and matters, the Tax Division will occasionally
obtain information concerning actual or potential violations of law that
may not be technically within its statutory or other authority, or it
may compile information in the course of an investigation which may not
be relevant to a specific prosecution. In the interests of effective law
enforcement, it is necessary to retain some or all of such information
since it can aid in establishing patterns of criminal activity and can
provide valuable leads for Federal and other law enforcement agencies.
(5)(e)(2). To collect information to the greatest extent practicable
from the subject individual of a criminal investigation or prosecution
would present a serious impediment to law enforcement because the
subject of the investigation or prosecution would be placed on notice as
to the existence of the investigation and would therefore be able to
avoid detection or apprehension, improperly influence witnesses, destroy
evidence, or fabricate testimony.
(6)(e)(3). To provide individuals supplying information with a form
which includes the information required by subsection (e)(3) would
constitute a serious impediment to law enforcement, i.e., it could
compromise the existence of a confidential investigation or reveal the
identity of witnesses or confidential informants.
(7)(e)(4) (G) and (H). These subsections are inapplicable to the
extent that this system is exempt from the access provisions of
subsection (d) and the rules provisions of subsection (f).
(8)(e)(4)(I). The categories of sources of the records in this
system have been published in the Federal Register in broad generic
terms in the belief that this is all that subsection (e) (4) (I) of the
Act requires. In the event, however, that this subsection should be
interpreted to require more detail as to the identity of sources of the
records in this system, exemption from this provision is necessary to
protect the confidentiality of the sources of criminal tax and related
law enforcement information. Such exemption is further necessary to
protect the privacy and physical safety of witnesses and informants.
(9)(e)(5). In the collection of information for criminal tax
enforcement purposes it is impossible to determine in advance what
information is accurate, relevant, timely, and complete. With the
passage of time, seemingly irrelevant or untimely information may
acquire new significance as further investigation brings new details to
light. Furthermore, the accuracy of such information can often only be
determined in a court of law. The restrictions of subsection (e)(5)
would inhibit the ability of government attorneys in exercising their
judgement in reporting on information and investigations and impede the
development of criminal tax information and related data necessary for
effective law enforcement.
(10)(e)(8). The individual notice requirements of subsection (e)(8)
could present a serious impediment to law enforcement as this could
interfere with the ability to issue warrants or subpoenas and could
reveal investigative techniques, procedures, or evidence.
(11)(f). This subsection is inapplicable to the extent that this
system is exempt from the access provisions of subsection (d).
(12)(g). Because the records in this system are generally compiled
for law enforcement purposes and are exempt from the access provisions
of subsection (d), subsection (g) is inapplicable.
[Order No. 742-77, 42 FR 40906, Aug. 12, 1977, as amended by Order No.
6-86, 51 FR 15478, Apr. 24, 1986]
Sec. 16.96 Exemption of Federal Bureau of Investigation Systems--
limited access.
(a) The following system of records is exempt from 5 U.S.C.
552a(c)(3), (d), (e)(1), (2), and (3), (e)(4)(G) and (H), (e)(8), (f)
and (g).
(1) Central Records System (CRS) (JUSTICE/FBI-002).
These exemptions apply only to the extent that information in this
system is subject to exemption pursuant to 5 U.S.C. 552(j) and (k).
Where compliance would not appear to interfere with or adversely affect
the overall law enforcement process, the applicable exemption may be
waived by the FBI.
(b) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (c)(3) because making available to a record
subject the accounting of disclosures from records concerning him/her
would reveal investigative interest by not only the FBI, but also by the
recipient agency. This would permit the record subject to take
appropriate measures to impede the investigation, e.g., destroy
evidence, intimidate potential witnesses or flee the area to avoid the
thrust of the investigation.
(2)(i) From subsections (d), (e)(4) (G) and (H), (f) and (g) because
these provisions concern individual access to investigative records,
compliance with which could compromise sensitive information classified
in the interest of national security, interfere with the overall law
enforcement process by revealing a pending sensitive investigation,
possibly identify a confidential source or disclose information which
would constitute an unwarranted invasion of another individual's
personal privacy, reveal a sensitive investigative technique, or
constitute a potential danger to the health or safety to law enforcement
personnel.
(ii) Also, individual access to non-criminal investigative records,
e.g., civil investigations and administrative inquiries, as described in
subsection (k) of the Privacy Act, could also compromise classified
information related to national security, interfere with a pending
investigation or internal inquiry, constitute an unwarranted invasion of
privacy, reveal a confidential source or sensitive investigative
technique, or pose a potential threat to law enforcement personnel. In
addition, disclosure of information collected pursuant to an employment
suitability or similar inquiry could reveal the identity of a source who
provided information under an express promise of confidentiality, or
could compromise the objectivity or fairness of a testing or examination
process.
(iii) In addition, from paragraph (d)(2) of this section, because to
require the FBI to amend information thought to be incorrect, irrelevant
or untimely, because of the nature of the information collected and the
essential length of time it is maintained, would create an impossible
administrative and investigative burden by forcing the agency to
continuously retrograde its investigations attempting to resolve
questions of accuracy, etc.
(3) From subsection (e)(1) because:
(i) It is not possible in all instances to determine relevancy or
necessity of specific information in the early stages of a criminal or
other investigation.
(ii) Relevance and necessity are questions of judgment and timing;
what appears relevant and necessary when collected ultimately may be
deemed unnecessary. It is only after the information is assessed that
its relevancy and necessity in a specific investigative activity can be
established.
(iii) In any investigation the FBI might obtain information
concerning violations of law not under its jurisdiction, but in the
interest of effective law enforcement, dissemination will be made to the
agency charged with enforcing such law.
(iv) In interviewing individuals or obtaining other forms of
evidence during an investigation, information could be obtained, the
nature of which would leave in doubt its relevancy and necessity. Such
information, however, could be relevant to another investigation or to
an investigative activity under the jurisdiction of another agency.
(4) From subsection (e)(2) because the nature of criminal and other
investigative activities is such that vital information about an
individual can only be obtained from other persons who are familiar with
such individual and his/her activities. In such investigations it is not
feasible to rely upon information furnished by the individual concerning
his own activities.
(5) From subsection (e)(3) because disclosure would provide the
subject with substantial information which could impede or compromise
the investigation. The individual could seriously interfere with
undercover investigative activities and could take appropriate steps to
evade the investigation or flee a specific area.
(6) From subsection (e)(8) because the notice requirements of this
provision could seriously interfere with a law enforcement activity by
alerting the subject of a criminal or other investigation of existing
investigative interest.
(c) The following system of records is exempt from 5 U.S.C. 552a(c)
(3) and (4), (d), (e) (1), (2) and (3), (e)(4) (G) and (H), (e) (5) and
(8), (f), (g) and (m):
(1) Electronic Surveillance (Elsur) Indices (JUSTICE/FBI-006).
These exemptions apply only to the extent that information in the system
is subject to exemption pursuant to 5 U.S.C. 552a(j).
(d) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (c)(3) because the release of accounting
disclosures would place the subject of an investigation on notice that
he is under investigation and provide him with significant information
concerning the nature of the investigation, resulting in a serious
impediment to law enforcement.
(2) From subsections (c)(4), (d), (e)(4) (G) and (H), and (g)
because these provisions concern an individual's access to records which
concern him and such access to records in this system would compromise
ongoing investigations, reveal investigatory techniques and confidential
informants, and invade the privacy of private citizens who provide
information in connection with a particular investigation.
(3) From subsection (e)(1) because these indices must be maintained
in order to provide the information as described in the ``routine uses''
of this particular system.
(4) From subsections (e) (2) and (3) because compliance is not
feasible given the subject matter of the indices.
(5) From subsection (e)(5) because this provision is not applicable
to the indices in view of the ``routine uses'' of the indices. For
example, it is impossible to predict when it will be necessary to
utilize information in the system and, accordingly it is not possible to
determine when the records are timely.
(6) From subsection (e)(8) because the notice requirement could
present a serious impediment to law enforcement by revealing
investigative techniques, procedures and the existence of confidential
investigations.
(7) From subsection (m) for the reasons stated in subsection (b)(7)
of this section.
(e) The following system of records is exempt from 5 U.S.C. 552a(c)
(3) and (4), (d), (e) (1), (2) and (3), (e)(4) (G) and (H), (e) (5) and
(8), (f), and (g):
(1) Identification Division Records System (JUSTICE/FBI-009).
These exemptions apply only to the extent that information in this
system is subject to exemption pursuant to 5 U.S.C. 552a(j).
(f) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (c)(3) for the reasons stated in subsection
(d)(1) of this section.
(2) From subsections (c)(4), (d), (e)(4) (G) and (H), (f) and (g)
because these provisions concern an individual's access to records which
concern him. Such access is directed at allowing the subject of a record
to correct inaccuracies in it. Although an alternate system of access
has been provided in 28 CFR 16.30 to 34 and 28 CFR 20.34, the vast
majority of records in this system concern local arrests which it would
be inappropriate for the FBI to undertake to correct.
(3) From subsection (e)(1) because it is impossible to state with
any degree of certainty that all information on these records is
relevant to accomplish a purpose of the FBI, even though acquisition of
the records from state and local law enforcement agencies is based on a
statutory requirement. In view of the number of records in the system it
is impossible to review them for relevancy.
(4) From subsection (e)(2) because the records in the system are
necessarily furnished by criminal justice agencies due to their very
nature.
(5) From subsection (e)(3) because compliance is not feasible due to
the nature of the records.
(6) From subsection (e)(5) because the vast majority of these
records come from local criminal justice agencies and it is
administratively impossible to ensure that the records comply with this
provision. Submitting agencies are, however, urged on a continuing basis
to ensure that their records are accurate and include all dispositions.
(7) From subsection (e)(8) because the FBI has no logical manner to
ascertain whether process has been made public and compliance with this
provision would in any case, provide an impediment to law enforcement by
interfering with the ability to issue warrants or subpoenas and by
revealing investigative techniques, procedures or evidence.
(g) The following system of records is exempt from 5 U.S.C. 552a(c)
(3) and (4), (d), (e)(1), (2) and (3), (e)(4) (G) and (H), (e)(8), (f),
and (g):
National Crime Information Center (NCIC) (JUSTICE/FBI-001).
This exemption applies only to the extent that information in the system
is subject to exemption pursuant to 5 U.S.C. 552a(j)(2) and (k)(3).
(h) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (c)(3) for the reasons stated in subsection
(d)(1) of this section.
(2) From subsections (c)(4), (d), (e)(4) (G) and (H), and (g) for
the reasons stated in subsection (d)(2) of this section. When records
are properly subject to access by the individual, an alternate means of
access is provided in subsection (i) of this section.
(3) From subsection (e)(1) because information contained in this
system is primarily from state and local records, and it is for the
official use of agencies outside the Federal Government in accordance
with 28 U.S.C. 534.
(4) From subsections (e) (2) and (3) because it is not feasible to
comply with these provisions given the nature of this system.
(5) From subsection (e)(8) for the reasons stated in subsection
(d)(6) of this section.
(i) Access to computerized criminal history records in the National
Crime Information Center is available to the individual who is the
subject of the record pursuant to procedures and requirements specified
in the Notice of Systems of Records compiled by the National Archives
and Records Service and published under the designation:
(j) The following system of records is exempt from 5 U.S.C. 552a
(c)(3), (d), (e)(1), (e)(4) (G) and (H), (f) and (g):
(1) National Center for the Analysis of Violent Crime (NCAVC)
(JUSTICE/FBI-015).
These exemptions apply only to the extent that information in this
system is subject to exemption pursuant to 5 U.S.C. 552a (j)(2) and
(k)(2).
(k) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (c)(3) because providing the accounting of
disclosures to the subject could prematurely reveal investigative
interest by the FBI and other law enforcement agencies, thereby
providing the individual an opportunity to impede an active
investigation, destroy or alter evidence, and possibly render harm to
violent crime victims and/or witnesses.
(2) From subsections (d), (e)(4) (G) and (H), and (f) because
disclosure to the subject could interfere with enforcement proceedings
of a criminal justice agency, reveal the identity of a confidential
source, result in an unwarranted invasion of another's privacy, reveal
the details of a sensitive investigative technique, or endanger the life
and safety of law enforcement personnel, potential violent crime
victims, and witnesses. Disclosure also could prevent the future
apprehension of a violent or exceptionally dangerous criminal fugitive
should he or she modify his or her method of operation in order to evade
law enforcement. Also, specifically from subsection (d)(2), which
permits an individual to request amendment of a record, because the
nature of the information in the system is such that an individual
criminal offender would frequently demand amendment of derogatory
information, forcing the FBI to continuously retrograde its criminal
investigations in an attempt to resolve questions of accuracy, etc.
(3) From subsection (g) because the system is exempt from the access
and amendment provisions of subsection (d).
(4) From subsection (e)(1) because it is not always possible to
establish relevance and necessity of the information at the time it is
obtained or developed. Information, the relevance and necessity of which
may not be readily apparent, frequently can prove to be of investigative
value at a later date and time.
National Crime Information Center (NOIC) (JUSTICE/FBI-001)).
Information on access is also published in the appendix to part 20 of
the Code of Federal Regulations in relation to 28 CFR 20.34.
(l) The following system of records is exempt from 5 U.S.C. 552a
(c)(3), (c)(4), (d), (e) (1), (2), and (3), (e)(4) (G) and (H), (e)(5),
(e)(8), (f) and (g).
(1) FBI Counterdrug Information Indices System (CIIS) (JUSTICE/FBI--
016)
(2) [Reserved]
(m) These exemptions apply only to the extent that information in
this system is subject to exemption pursuant to 5 U.S.C. 552a (j)(2).
Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (c)(3) because making available to a record
subject the accounting of disclosures from records concerning him/her
would reveal investigative interest by not only the FBI, but also by the
recipient agency. This would permit the record subject to take
appropriate measures to impede the investigation, e.g., destroy
evidence, intimidate potential witnesses or flee the area to avoid the
thrust of the investigation.
(2) From subsection (c)(4) to the extent it is not applicable
because an exemption is being claimed from subsection (d).
(3)(i) From subsections (d), (e)(4) (G) and (H) because these
provisions concern individual access to records, compliance with which
could compromise sensitive information, interfere with the overall law
enforcement process by revealing a pending sensitive investigation,
possibly identify a confidential source or disclose information which
would constitute an unwarranted invasion of another individual's
personal privacy, reveal a sensitive investigative technique, or
constitute a potential danger to the health or safety of law enforcement
personnel.
(ii) In addition, from paragraph (d), because to require the FBI to
amend information thought to be incorrect, irrelevant or untimely,
because of the nature of the information collected and the essential
length of time it is maintained, would create an impossible
administrative and investigative burden by forcing the agency to
continuously retrograde its investigations attempting to resolve
questions of accuracy, etc.
(4)(i) From subsection (e)(1) because it is not possible in all
instances to determine relevancy or necessity of specific information in
the early stages of a criminal or other investigation.
(ii) Relevance and necessity are questions of judgment and timing;
what appears relevant and necessary when collected ultimately may be
deemed otherwise. It is only after the information is assessed that its
relevancy and necessity in a specified investigative activity can be
established.
(iii) In any investigation the FBI might obtain information
concerning violations of law not under its jurisdiction, but in the
interest of effective law enforcement, dissemination will be made to the
agency charged with enforcing such law.
(iv) In interviewing individuals or obtaining other forms of
evidence during an investigation, information could be obtained, the
nature of which would leave in doubt its relevancy and necessity. Such
information, however, could be relevant to another investigations or to
an investigative activity under the jurisdiction of another agency.
(5) From subsection (e)(2) because the nature of criminal and other
investigative activities is such that vital information about an
individual often can only be obtained from other persons who are
familiar with such individual and his/her activities. In such
investigations it is not feasible to principally rely upon information
furnished by the individual concerning his own activities.
(6) From subsection (e)(3) because disclosure would provide the
subject with information which could impede or compromise the
investigation. The individual could seriously interfere with undercover
investigative activities and could take appropriate steps to evade the
investigation or flee a specific area.
(7) From subsection (e)(5) because in the collection of information
for law enforcement purposes it is impossible to determine in advance
what information is accurate, relevant, timely and complete. With the
passage of time, seemingly irrelevant or untimely information may
acquire new significance as further investigation brings new details to
light. The restrictions imposed by subsection (e)(5) would restrict the
ability of trained investigators and intelligence analysts to exercise
their judgment in reporting on investigations and impede the development
of criminal intelligence necessary for effective law enforcement.
(8) From subsection (e)(8) because the notice requirements of this
provision could seriously interfere with a law enforcement activity by
alerting the subject of a criminal or other investigation of existing
investigative interest.
(9) From subsection (f) to the extent that this system is exempt
from the provisions of subsection (d).
(10) From subsection (g) to the extent that this system of records
is exempt from the provisions of subsection (d).
[Order No. 40-80, 45 FR 5301, Jan. 23, 1980, as amended by Order No. 64-
81, 46 FR 20540, Apr. 6, 1981; Order No. 63-81, 46 FR 22362, Apr. 17,
1981; Order No. 67-81, 46 FR 30495, June 9, 1981; Order No. 15-85, 50 FR
31361, Aug. 2, 1985; Order No. 6-86, 51 FR 15479, Apr. 24, 1986; Order
No. 94-94, 59 FR 47081, Sept. 14, 1994]
Sec. 16.97 Exemption of Bureau of Prisons Systems--limited access.
(a) The following systems of records are exempt from 5 U.S.C. 552a
(c) (3) and (4), (d), (e) (2) and (3), (e)(4) (H), (e)(8), (f) and (g):
(1) Custodial and Security Record System (JUSTICE/BOP-001).
(2) Industrial Inmate Employment Record System (JUSTICE/BOP-003).
(3) Inmate Administrative Remedy Record System (JUSTICE/BOP-004).
(4) Inmate Central Record System (JUSTICE/BOP-005).
(5) Inmate Commissary Accounts Record System (JUSTICE/BOP-006).
(6) Inmate Physical and Mental Health Record System (JUSTICE/BOP-
007).
(7) Inmate Safety and Accident Compensation Record System (JUSTICE/
BOP-008).
(8) Federal Tort Claims Act Record System (JUSTICE/BOP-009).
These exemptions apply only to the extent that information in these
systems is subject to exemption pursuant to 5 U.S.C. 552a(j).
(b) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (c)(3) because inmates will not be permitted to
gain access or to contest contents of these record systems under the
provisions of subsection (d) of 5 U.S.C. 552a. Revealing disclosure
accountings can compromise legitimate law enforcement activities and
Bureau of Prisons responsibilities.
(2) From subsection (c)(4) because exemption from provisions of
subsection (d) will make notification of formal disputes inapplicable.
(3) From subsection (d) because exemption from this subsection is
essential to protect internal processes by which Bureau personnel are
able to formulate decisions and policies with regard to federal
prisoners, to prevent disclosure of information to federal inmates that
would jeopardize legitimate correctional interests of security, custody,
or rehabilitation, and to permit receipt of relevant information from
other federal agencies, state and local law enforcement agencies, and
federal and state probation and judicial offices.
(4) From subsection (e)(2) because primary collection of information
directly from federal inmates about criminal sentences or criminal
records is highly impractical and inappropriate.
(5) From subsection (e)(3) because in view of the Bureau of Prisons'
responsibilities, application of this provision to its operations and
collection of information is inappropriate.
(6) From subsection (e)(4)(H) because exemption from provisions of
subsection (d) will make publication of agency procedures under this
subsection inapplicable.
(7) From subsection (e)(8) because the nature of Bureau of Prisons
law enforcement activities renders notice of compliance with compulsory
legal process impractical.
(8) From subsection (f) because exemption from provisions of
subsection (d) will render compliance with provisions of this subsection
inapplicable.
(9) From subsection (g) because exemption from provisions of
subsection (d) will render provisions of this subsection inapplicable.
(c) Consistent with the legislative purpose of the Privacy Act of
1974 (Pub. L. 93-579) the Bureau of Prisons will initiate a procedure
whereby federal inmates in custody may gain access and review their
individual prison files maintained at the institution of incarceration.
Access to these files will be limited only to the extent that the
disclosure of records to the inmate would jeopardize internal decision-
making or policy determinations essential to the effective operation of
the Bureau of Prisons; to the extent that disclosure of the records to
the inmate would jeopardize privacy rights of others, or a legitimate
correctional interest of security, custody, or rehabilitation; and to
the extent information is furnished with a legitimate expectation of
confidentiality. The Bureau of Prisons will continue to provide access
to former inmates under existing regulations as is consistent with the
interests listed above. Under present Bureau of Prisons regulations,
inmates in federal institutions may file administrative complaints on
any subject under the control of the Bureau. This would include
complaints pertaining to information contained in these systems of
records.
[Order No. 645-76, 41 FR 12640, Mar. 26, 1976, as amended by Order No.
6-86, 51 FR 15479, Apr. 24, 1986]
Sec. 16.98 Exemption of the Drug Enforcement Administration (DEA)--
limited access.
(a) The following systems of records are exempt from 5 U.S.C.
552a(c)(3) and (d):
(1) Automated Records and Consummated Orders System/Diversion
Analysis and Detection System (ARCOS/DADS) (Justice/DEA-003)
(2) Controlled Substances Act Registration Records (Justice/DEA-005)
(3) Registration Status/Investigatory Records (Justice/DEA-012)
(b) These exemptions apply only to the extent that information in
these systems is subject to exemption pursuant to 5 U.S.C. 552a(k)(2).
Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (c)(3) because release of the disclosure
accounting would enable the subject of an investigation to gain valuable
information concerning the nature and scope of the investigation and
seriously hamper the regulatory functions of the DEA.
(2) From subsection (d) because access to records contained in these
systems may provide the subject of an investigation information that
could enable him to avoid compliance with the Drug Abuse Prevention and
Control Act of 1970 (Pub. L. 91-513).
(c) Systems of records identified in paragraphs (c)(1) through
(c)(6) below are exempted pursuant to the provisions of 5 U.S.C.
552a(j)(2) from subsections (c)(3) and (4), (d), (e)(1), (2) and (3),
(e)(5), (e)(8) and (g) of 5 U.S.C. 552a. In addition, systems of records
identified in paragraphs (c)(1), (c)(3), (c)(4), and (c)(5) below are
also exempted pursuant to the provisions of 5 U.S.C. 552a(k)(2) from
subsections (c)(3), (d) and (e)(1). Finally, systems of records
identified in paragraphs (c)(1), (c)(2), (c) (3) and (c)(5) below are
also exempted pursuant to the provisions of 5 U.S.C. 552a(k)(1) from
subsections (c)(3), (d) and (e)(1):
(1) Air Intelligence Program (Justice/DEA-001)
(2) Investigative Reporting and Filing System (Justice/DEA-008)
(3) Planning and Inspection Division Records (Justice/DEA-010)
(4) Operations Files (Justice/DEA-011)
(5) Security Files (Justice/DEA-013)
(6) System to Retrieve Information from Drug Evidence (Stride/
Ballistics) (Justice/DEA-014)
(d) Exemptions apply to the following systems of records only to the
extent that information in the systems is subject to exemption pursuant
to 5 U.S.C. 552a(j)(2), (k)(1), and (k)(2): Air Intelligence Program
(Justice/DEA-001); Planning and Inspection Division Records (Justice/
DEA-010); and Security Files (Justice/DEA-013). Exemptions apply to the
Investigative Reporting and Filing System (Justice/DEA-008) only to the
extent that information in the system is subject to exemption pursuant
to 5 U.S.C. 552a(j) (2) and (k)(1). Exemptions apply to the Operations
Files (Justice/DEA-011) only to the extent that information in the
system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2) and
(k)(2). Exemptions apply to the System to Retrieve Information from Drug
Evidence (STRIDE/Ballistics) (Justice/DEA-014) only to the extent that
information in the system is subject to exemption pursuant to 5 U.S.C.
552a(j)(2). Exemption from the particular subsections are justified for
the following reasons:
(1) From subsection (c)(3) because release of disclosure accounting
would provide to the subjects of an investigation significant
information concerning the nature of the investigation and thus would
present the same impediments to law enforcement as those enumerated in
paragraph (d)(3) regarding exemption from subsection (d).
(2) From subsection (c)(4) to the extent that it is not applicable
because an exemption is being claimed from subsection (d).
(3) From the access provisions of subsection (d) because access to
records in this system of records would present a serious impediment to
law enforcement. Specifically, it could inform the record subject of an
actual or potential criminal, civil, or regulatory investigation of the
existence of that investigation; of the nature and scope of the
information and evidence obtained as to his activities; of the identity
of confidential sources, witnesses, and law enforcement personnel; and
of information that may enable the subject to avoid detection or
apprehension. Similarly, it may alert collateral suspects yet
unprosecuted in closed cases. It could prevent the successful completion
of the investigation; endanger the life, health, or physical safety of
confidential sources, witnesses, and law enforcement personnel, and/or
lead to the improper influencing of witnesses, the destruction of
evidence, or the fabrication of testimony; or it may simply reveal a
sensitive investigative technique. In addition, granting access to such
information could result in the disclosure of confidential/security-
sensitive or other information that would constitute an unwarranted
invasion of the personal privacy of third parties. Finally, access to
the records could result in the release of properly classified
information which would compromise the national defense or disrupt
foreign policy. From the amendment provisions of subsection (d) because
amendment of the records would interfere with ongoing investigations and
law enforcement activities and impose an impossible administrative
burden by requiring investigations to be continuously reinvestigated.
(4) From subsection (e)(1) because the application of this provision
could impair investigations and interfere with the law enforcement
responsibilities of the DEA for the following reasons:
(i) It is not possible to detect relevance or necessity of specific
information in the early stages of a civil, criminal or other law
enforcement investigation, case, or matter, including investigations
during which DEA may obtain properly classified information. Relevance
and necessity are questions of judgment and timing, and it is only after
the information is evaluated that the relevance and necessity of such
information can be established.
(ii) During the DEA's investigative activities DEA may detect the
violation of either drug-related or non-drug related laws. In the
interests of effective law enforcement, it is necessary that DEA retain
all information obtained because it can aid in establishing patterns of
activity and provide valuable leads for Federal and other law
enforcement agencies or otherwise assist such agencies in discharging
their law enforcement responsibilities. Such information may include
properly classified information, the retention of which could be in the
interests of national defense and/or foreign policy.
(5) From subsection (e)(2) because, in some instances, the
application of this provision would present a serious impediment to law
enforcement for the following reasons:
(i) The subject of an investigation would be placed on notice as to
the existence of an investigation and would therefore be able to avoid
detection or apprehension, to improperly influence witnesses, to destroy
evidence, or to fabricate testimony.
(ii) In certain circumstances the subject of an investigation cannot
be required to provide information to investigators, and information
relating to a subject's illegal acts must be obtained from other
sources.
(iii) In any investigation it is necessary to obtain evidence from a
variety of sources other than the subject of the investigation in order
to verify the evidence necessary for successful prosecution.
(6) From subsection (e)(3) because the requirement that individuals
supplying information be provided a form stating the requirements of
subsection (3)(3) would constitute a serious impediment to law
enforcement in that it could compromise the existence of an actual or
potential confidential investigation, reveal the identity of
confidential sources of information and endanger the life, health or
physical safety of confidential informants, witnesses, and
investigators/law enforcement personnel.
(7) From subsection (e)(5) because in the collection of information
for law enforcement purposes it is impossible to determine in advance
what information is accurate, relevant, timely and complete. With the
passage of time, seemingly irrelevant or untimely information may
acquire new significance as further investigation brings new details to
light and the accuracy of such information can only be determined in a
court of law. The restrictions imposed by subsection (e)(5) would
restrict the ability of trained investigators and intelligence analysts
to exercise their judgment in reporting on investigations and impede the
development of criminal intelligence necessary for effective law
enforcement.
(8) From subsection (e)(8) because the application of this provision
could prematurely reveal an ongoing criminal investigation to the
subject of the investigation, and could reveal investigative techniques,
procedures, or evidence.
(9) From subsection (g) to the extent that this system is exempt
from the access and amendment provisions of subsection (d) pursuant to
subsections (j)(2), (k)(1) and (k)(2) of the Privacy Act.
(e) The following systems of records are exempt from 5 U.S.C. 552a
(d)(1) and (e)(1):
(1) Grants of Confidentiality Files (GCF) (Justice/DEA-017), and
(2) DEA Applicant Investigations (Justice/DEA-018).
(f) These exemptions apply only to the extent that information in
these systems is subject to exception pursuant to 5 U.S.C. 552a(k)(5).
Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (d)(1) because many persons are contacted who,
without an assurance of anonymity, refuse to provide information
concerning an applicant for a grant of confidentiality with DEA. By
permitting access to information which may reveal the identity of the
source of that information--after a promise of confidentiality has been
given--DEA would breach the promised confidentiality. Ultimately, such
breaches would restrict the free flow of information which is vital to a
determination of an applicant's qualifications for a grant.
(2) From subsection (e)(1) because in the collection of information
for investigative and evaluation purposes, it is impossible to determine
in advance what exact information may be of assistance in determining
the qualifications and suitability of a candidate. Information which may
appear irrelevant, when combined with other apparently irrelevant
information, can on occasion provide a composite picture of an applicant
which assists in determining whether a grant of confidentiality is
warranted.
(g) The following system of records is exempted pursuant to the
provisions of 5 U.S.C. 552a(j)(2) from subsections (c) (3) and (4), (d),
(e) (1), (2) and (3), (e)(5), (e)(8) and (g) of 5 U.S.C. 552a. In
addition, this system of records is exempted pursuant to the provisions
of 5 U.S.C. 552a (k)(1) and (k)(2) from subsections (c)(3), (d), and
(e)(1):
Freedom of Information/Privacy Act Records (Justice/DEA-006)
(h) These exemptions apply only to the extent that information in
this system is subject to exemption pursuant to 5 U.S.C. 552a (j)(2),
(k)(1), and (k)(2). Exemptions from the particular subsections are
justified for the following reasons:
(1) From subsection (c)(3) for the reasons given in paragraphs
(b)(1) and (d)(1).
(2) From subsection (c)(4) to the extent that is not applicable
because an exemption is being claimed from subsection (d).
(3) From subsection (d) for the reasons given in paragraphs (b)(2),
(d)(3), and (f)(1).
(4) From subsection (e)(1) for reasons given in paragraphs (d)(4)
and (f)(2).
(5) From subsection (e)(2) for reasons given in paragraph (d)(5).
(6) From subsection (e)(3) for reasons given in paragraph (d)(6).
(7) From subsection (e)(5) for reasons given in paragraph (d)(7).
(8) From subsection (e)(8) for the reasons given in paragraph
(d)(8).
(9) From subsection (g) to the extent that this system is exempt
from the access and amendment provisions of subsection (d) pursuant to
subsections (j)(2), (k)(1) and (k)(2) of the Privacy Act.
[Order No. 88-94, 59 FR 29717, June 9, 1994]
Sec. 16.99 Exemption of Immigration and Naturalization Service
System--limited access.
(a) The following systems of records of the Immigration and
Naturalization Service are exempt from 5 U.S.C. 552a (c) (3) and (4),
(d), (e) (1), (2) and (3), (e) (4)(G) and (H), (e) (5) and (8), and (g):
(1) The Immigration and Naturalization Service Alien File (A-File)
and Central Index System (CIS), JUSTICE/INS-001A.
(2) The Immigration and Naturalization Service Index System,
JUSTICE/INS-001 which consists of the following subsystems:
(i) Agency Information Control Record Index.
(ii) Alien Enemy Index.
(iii) Congressional Mail Unit Index.
(iv) Air Detail Office Index.
(v) Anti-smuggling Index (general).
(vi) Anti-smuggling Information Centers Systems for Canadian and
Mexican Borders.
(vii) Border Patrol Sectors General Index System.
(viii) Contact Index.
(ix) Criminal, Narcotic, Racketeer and Subversive Indexes.
(x) Enforcement Correspondence Control Index System.
(xi) Document Vendors and Alterers Index.
(xii) Informant Index.
(xiii) Suspect Third Party Index.
(xiv) Examination Correspondence Control Index.
(xv) Extension Training Enrollee Index.
(xvi) Intelligence Index.
(xvii) Naturalization and Citizenship Indexes.
(xviii) Personnel Investigations Unit Indexes.
(xix) Service Look-Out Subsystem.
(xx) White House and Attorney General Correspondence Control Index.
(xxi) Fraudulent Document Center Index.
(xxii) Emergency Reassignment Index.
(xxiii) Alien Documentation, Identification, and Telecommunication
(ADIT) System.
The exemptions apply to the extent that information in these
subsystems is subject to exemption pursuant to 5 U.S.C. 552a (j)(2) and
(k)(2).
(b) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (c)(3) because the release of the disclosure
accounting for disclosure pursuant to the routine uses published for
these subsystems would permit the subject of a criminal or civil
investigation to obtain valuable information concerning the nature of
that investigation and present a serious impediment to law enforcement.
(2) From subsection (c)(4) since an exemption is being claimed for
subsection (d), this subsection will not be applicable.
(3) From subsection (d) because access to the records contained in
these subsystems would inform the subject of a criminal or civil
investigation of the existence of that investigation, provide the
subject of the investigation with information that might enable him to
avoid detection or apprehension, and present a serious impediment to law
enforcement.
(4) From subsection (e)(1) because in the course of criminal or
civil investigations, the Immigration and Naturalization Service often
obtains information concerning the violation of laws other than those
relating to violations over which INS has investigative jurisdiction. In
the interests of effective law enforcement, it is necessary that INS
retain this information since it can aid in establishing patterns of
criminal activity and provide valuable leads for those law enforcement
agencies that are charged with enforcing other segments of the criminal
law.
(5) From subsection (e)(2) because in a criminal or civil
investigation, the requirement that information be collected to the
greatest extent possible from the subject individual would present a
serious impediment to law enforcement in that the subject of the
investigation would be placed on notice of the existence of the
investigation and would therefore be able to avoid detection or
apprehension.
(6) From subsection (e)(3) because the requirement that individuals
supplying information be provided with a form stating the requirements
of subsection (e)(3) would constitute a serious impediment to law
enforcement in that it could compromise the existence of a confidential
investigation, reveal the identity of confidential sources of
information and endanger the life or physical safety of confidential
informants.
(7) From subsections (e)(4) (G) and (H) because these subsystems of
records are exempt from individual access pursuant to subsection (j) of
the Privacy Act of 1974.
(8) From subsection (e)(5) because in the collection of information
for law enforcement purposes it is impossible to determine in advance
what information is accurate, relevant, timely, and complete. With the
passage of time, seemingly irrelevant or untimely information may
acquire new significance as further investigation brings new details to
light and the accuracy of such information can only be determined in a
court of law. The restrictions of subsection (e)(5) would restrict the
ability of trained investigators and intelligence analysts to exercise
their judgment in reporting on investigations and impede the development
of criminal intelligence necessary for effective law enforcement.
(9) From subsection (e)(8) because the individual notice
requirements of subsection (e)(8) could present a serious impediment to
law enforcement as this could interfere with the Immigration and
Naturalization Service's ability to issue administrative subpoenas and
could reveal investigative techniques and procedures.
(10) From subsection (g) because these subsystems of records are
compiled for law enforcement purposes and have been exempted from the
access provisions of subsections (d) and (f).
(11) In addition, these systems of records are exempt from
subsections (c)(3), (d), (e)(1), (e)(4) (G) and (H) to the extent they
are subject to exemption pursuant to 5 U.S.C. 552a(k)(1). To permit
access to records classified pursuant to Executive Order would violate
the Executive Order protecting classified information.
(c) The Border Patrol Academy Index Subsystem is exempt from 5
U.S.C. 552a (d) and (f).
This exemption applies only to the extent that information in this
subsystem is subject to exemption pursuant to 5 U.S.C. 552a(k).
(d) Exemptions for the particular subsections are justified for the
following reasons.
(1) From subsection (d) because exemption is claimed only for those
testing and examination materials used to determine an individual's
qualifications for retention and promotion in the Immigration and
Naturalization Service. This is necessary to protect the integrity of
testing materials and to insure fair and uniform examinations.
(2) From subsection (f) because the subsystem of records has been
exempted from the access provisions of subsection (d).
(e) The Orphan Petitioner Index and Files (Justice/INS-007) system
of records is exempt from 5 U.S.C. 552a(d). This exemption applies only
to the extent that information in this system is subject to exemption
pursuant to 5 U.S.C. 552a(k)(1).
(f) Exemption from paragraph (d) of this section is claimed solely
because of the possibility of receipt of classified information during
the course of INS investigation of prospective adoptive parents.
Although it would be rare, prospective adoptive parents may originally
be from foreign countries (for example) and information received on them
from their native countries may require classification under Executive
Order 12356 which safeguards national security information. If such
information is relevant to the INS determination with respect to
adoption, the information would be kept in the file and would be
classified accordingly. Therefore, access could not be granted to the
record subject under the Privacy Act without violating E.O. 12356.
[Order No. 645-76, 41 FR 12640, Mar. 26, 1976, as amended by Order No.
688-77, 42 FR 10001, Feb. 18, 1977; Order No. 6-84, 49 FR 20812, May 17,
1984; Order No. 25-88, 53 FR 41161, Oct. 20, 1988]
Sec. 16.100 Exemption of Office of Justice Programs--limited access.
(a) The following system of records is exempt from 5 U.S.C. 552a(d):
(1) The Civil Rights Investigative System (JUSTICE/OJP-008).
This exemption applies only to the extent that information in this
system is subject to exemption pursuant to 5 U.S.C. 552a(k)(2).
(b) Exemption from subsection (d) is claimed since access to
information in the Civil Rights Investigative System prior to final
administrative resolution will deter conciliation and compliance
efforts. Consistent with the legislative purpose of the Privacy Act of
1974, decisions to release information from the system will be made on a
case-by-case basis and information will be made available where it does
not compromise the complaint and compliance process. In addition, where
explicit promises of confidentiality must be made to a source during an
investigation, disclosure will be limited to the extent that the
identity of such confidential sources will not be compromised.
[Order No. 645-76, 41 FR 12640, Mar. 26, 1976, as amended by Order No.
5-78, 43 FR 36439, Aug. 17, 1978; Order No. 43-80, 45 FR 6780, Jan. 30,
1980; Order No. 6-86, 51 FR 15479, Apr. 24, 1986]
Sec. 16.101 Exemption of U.S. Marshals Service Systems--limited
access, as indicated.
(a) The following system of records is exempt from 5 U.S.C.
552(a)(c) (3) and (4), (d), (e) (1), (2) and (3), (e)(4) (G) and (H),
(e)(5), (e)(8), (f) and (g):
(1) Warrant Information System (JUSTICE/USM-007).
These exemptions apply only to the extent that information in this
system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2).
(b) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (c)(3) because the release of disclosure
accounting for disclosure made pursuant to subsection (b) of the Act,
including those permitted under routine uses published for this system
of records would permit a person to determine whether he is the subject
of a criminal investigation, and to determine whether a warrant has been
issued against him, and therefore present a serious impediment to law
enforcement.
(2) From subsection (c)(4) since an exemption is being claimed for
subsection (d) of the Act, this section is inapplicable.
(3) From subsection (d) because access to records would inform a
person for whom a federal warrant has been issued of the nature and
scope of information obtained as to his activities, of the identity of
informants, and afford the person sufficient information to enable the
subject to avoid apprehension. These factors would present a serious
impediment to law enforcement in that they would thwart the warrant
process and endanger lives of informants etc.
(4) From subsections (e)(1) and (e)(5) because the requirements of
these subsections would present a serious impediment to law enforcement
in that it is impossible to determine in advance what information
collected during an investigation will be important or crucial to the
apprehension of Federal fugitives. In the interest of effective law
enforcement, it is appropriate in a thorough investigation to retain
seemingly irrelevant, untimely, or inaccurate information which, with
the passage of time, would aid in establishing patterns of activity and
provide investigative leads toward fugitive apprehension and assist in
law enforcement activities of other agencies.
(5) From subsection (e)(2) because the requirement that information
be collected to the greatest extent practical from the subject
individual would present a serious impediment to law enforcement because
the subject of the investigation or prosecution would be placed on
notice as to the existence of the warrant and would therefore be able to
avoid detection or apprehension.
(6) From subsection (e)(3) because the requirement that individuals
supplying information be provided with a form stating the requirements
of subsection (e)(3) would constitute a serious impediment to law
enforcement in that it could compromise the existence of a confidential
investigation or reveal identity of confidential informants.
(7) From subsections (e)(4) (G) and (H) since an exemption is being
claimed for subsections (f) and (d) of the Act, these subsections are
inapplicable.
(8) From subsection (e)(8) because the individual notice requirement
of this subsection would present a serious impediment to law enforcement
in that it would give persons sufficient warning to avoid warrants,
subpoena, etc.
(9) From subsection (f) because procedures for notice to an
individual pursuant to subsection (f)(1) as to existence of records
pertaining to him dealing with warrants must be exempted because such
notice to individuals would be detrimental to the successful service of
a warrant. Since an exemption is being claimed for subsection (d) of the
Act the rules required pursuant to subsections (f) (2) through (5) are
inapplicable to this system of records.
(10) From subsection (g) since an exemption is being claimed for
subsection (d) and (f) this section is inapplicable and is exempted for
the reasons set forth for these subsections.
(c) The following system of records is exempt from 5 U.S.C. 552a (c)
(3) and (4), (d), (e) (2) and (3), (e)(4) (G) and (H), (e)(8), (f)(2)
and (g):
(1) Witness Security System (JUSTICE/USM-008).
These exemptions apply only to the extent that information in this
system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2).
(d) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (c)(3) because the release of the disclosure
accounting for disclosures made pursuant to subsection (b) of the Act
including those permitted under routine uses published for this system
of records would hamper the effective functioning of the Witness
Security Program which by its very nature requires strict
confidentiality vis-a-vis the records.
(2) From subsection (c)(4) for the reason stated in (b)(2) of this
section.
(3) From subsection (d) because the U.S. Marshals Service Witness
Security Program aids efforts of law enforcement officials to prevent,
control or reduce crime. Access to records would present a serious
impediment to effective law enforcement through revelation of
confidential sources and through disclosure of operating procedures of
the program, and through increased exposure of the program to the
public.
(4) From subsection (e)(2) because in the Witness Security Program
the requirement that information be collected to the greatest extent
possible from the subject individual would constitute an impediment to
the program, which is sometimes dependent on sources other than the
subject witness for verification of information pertaining to the
witness.
(5) From subsection (e)(3) for the reason stated in (b)(6) of this
section.
(6) From subsection (e)(4) (G) and (H) for the reason stated in
(b)(7) of this section.
(7) From subsection (e)(8) for the reason stated in (b)(8) of this
section.
(8) From subsection (f)(2) since an exemption is being claimed for
subsection (d) of the Act the rules required pursuant to subsection (f)
(2) through (5) are inapplicable to this system of records.
(9) From subsection (g) for the reason stated in (b)(10) of this
section.
(e) The following system of records is exempt from 5 U.S.C. 552a (c)
(3) and (4), (d), (e) (2) and (3), (e)(4) (G) and (H), (f) and (g) and
may be additionally exempt from subsection (e)(8):
(1) Internal Investigations System (JUSTICE/USM-002)--Limited
access.
These exemptions apply only to the extent that information in this
system is subject to exemption pursuant to 5 U.S.C. 552a(k)(5) or
(j)(2).
(f) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (c)(3) where the release of the disclosure
accounting for disclosures made pursuant to subsection (b) of the Act
would reveal a source who furnished information to the Government in
confidence.
(2) From subsection (c)(4) for the reason stated in (b)(2) of this
section.
(3) From subsection (d) because access to information in this system
which was obtained from a confidential source would impede the effective
investigation into employee conduct for purposes of determining
suitability, eligibility, or qualifications for Federal employment in
that it would inhibit furnishing of information by sources which desire
to remain confidential.
(4) From subsection (e)(2) because the requirement that information
be collected to the greatest extent practicable from the subject
individual would present a serious inpediment to law enforcement because
the subject of the investigation or prosecution would be placed on
notice as to the existence of the investigation and would therefore be
able to compromise the investigation and avoid detection or
apprehension.
(5) From subsection (e)(3) for the reason stated in (b)(6) of this
section.
(6) From subsections (e)(4) (G) and (H) for the reason stated in
(b)(7) of this section.
(7) From subsection (e)(8) because the individual notice requirement
of this subsection would present a serious impediment to law enforcement
in that the subject of the investigation would be alerted as to the
existence of the investigation and therefore be able to compromise the
investigation and avoid detection, subpoena, etc.
(8) From subsection (f) because procedures for notice to an
individual pursuant to subsection (f)(1) as to the existence of records
dealing with investigations of criminal or civil law violations would
enable the individual to compromise the investigation and evade
detection or apprehension. Since an exemption is being claimed for
subsection (d) of the Act, the rules required pursuant to subsections
(f)(2) through (f)(5) are not applicable to this system.
(9) From subsection (g) for the reason stated in (b)(10) of this
section.
(g) The following system of records is exempt from 5 U.S.C. 552a(c)
(3) and (4), (d), (e)(1), (2) and (3), (e)(4) (G) and (H), (e)(5),
(e)(8), (f) and (g):
(1) U.S. Marshals Service Threat Analysis Information System
(JUSTICE/USM-009).
These exemptions apply only to the extent that information in this
system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2).
(h) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (c)(3) because to release the disclosure
accounting would permit a person to determine whether he or she has been
identified as a specific threat to USMS protectees and to determine the
need for countermeasures to USMS protective activities and thereby
present a serious impediment to law enforcement.
(2) From subsection (c)(4) because it is inapplicable since an
exemption is being claimed for subsection (d).
(3) From subsection (d) because to permit access to records would
inform a person of the nature and scope of information obtained as to
his or her threat-related activities and of the identity of confidential
sources, and afford the person sufficient information to develop
countermeasures to thwart protective arrangements and endanger lives of
USMS protectees, informants, etc. To permit amendment of the records
would interfere with ongoing criminal law enforcement and impose an
impossible administrative burden requiring criminal investigations to be
continuously reinvestigated.
(4) From subsections (e) (1) and (5) because the collection of
investigatory information used to assess the existence, extent and
likelihood of a threat situation necessarily includes material from
which it is impossible to identify and segregate information which may
not be important to the conduct of a thorough assessment. It is often
impossible to determine in advance if all information collected is
accurate, relevent, timely and complete but, in the interests of
developing effective protective measures, it is necessary that the U.S.
Marshals Service retain this information in order to establish patterns
of activity to aid in accurately assessing threat situations. The
restrictions of subsections (e) (1) and (5) would impede the protective
responsibilities of the Service and could result in death or serious
injury to Marshals Service protectees.
(5) From subsection (e)(2) because to collect information from the
subject individual would serve notice that he or she is identified as a
specific threat to USMS protectees and would enable the subject
individual to develop countermeasures to protective activities and
thereby present a serious impediment to law enforcement.
(6) From subsection (e)(3) because to inform individuals as required
by this subsection would enable the subject individual to develop
countermeasures to USMS protective arrangements or identify confidential
sources and thereby present a serious impediment to law enforcement.
(7) From subsections (e)(4) (G) and (H) because they are
inapplicable since an exemption is being claimed for subsections (d) and
(f) of the Act.
(8) From subsection (e)(8) because to serve notice would give
persons sufficient warning to develop countermeasures to protective
arrangements and thereby present a serious impediment to law enforcement
through compromise of protective procedures, etc.
(9) From subsection (f) because this system of records is exempt
from the provisions of subsection (d).
(10) From subsection (g) because it is inapplicable since an
exemption is being claimed for subsections (d) and (f).
(i) The following system of records is exempt from 5 U.S.C. 552a(c)
(3) and (d):
(1) Judicial Facility Security Index System (JUSTICE/USM-010)
These exemptions apply only to the extent that information in this
system is exempt pursuant to 5 U.S.C. 552a(k)(5).
(j) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (c)(3) only to the extent that release of the
disclosure accounting would reveal the identity of a confidential
source.
(2) From subsection (d) only to the extent that access to
information would reveal the identity of a confidential source.
(k) The following system of records is exempt from 5 U.S.C. 552a(c)
(3) and (4), (d), (e)(1), (2) and (3), (e)(4) (G) and (H), (e)(5),
(e)(8), (f) and (g):
(1) U.S. Marshals Service Freedom of Information/Privacy Act (FOIA/
PA) Files (JUSTICE/USM-012)
These exemptions apply only to the extent that information in this
system is subject to exemption pursuant to 5 U.S.C. 552a (j)(2), (k)(2)
and (k)(5).
(l) Because this system contains Department of Justice civil and
criminal law enforcement, investigatory records, exemptions from the
particular subsections are justified for the following reasons:
(1) From subsection (c)(3) because to release the disclosure
accounting would permit the subject of an investigation to obtain
valuable information concerning the existence and nature of the
investigation and present a serious impediment to law enforcement.
(2) From subsection (c)(4) because that portion of this system which
consists of investigatory records compiled for law enforcement purposes
is being exempted from the provisions of subsection (d), rendering this
provision not applicable.
(3) From subsection (d) because to permit access to investigatory
records would reveal the identity of confidential sources and impede
ongoing investigative or law enforcement activities by the premature
disclosure of information related to those efforts. To permit amendment
of the records would interfere with ongoing criminal law enforcement and
impose an impossible administrative burden by requiring criminal
investigations to be continuously reinvestigated.
(4) From subsections (e) (1) and (5) because it is often impossible
to determine in advance if investigatory records contained in this
system are accurate, relevant, timely and complete but, in the interests
of effective law enforcement, it is necessary to retain this information
to aid in establishing patterns of activity and provide leads in
criminal investigations.
(5) From subsection (e)(2) because to collect information from the
subject individual would serve notice that he or she is the subject of
criminal investigative or law enforcement activity and thereby present a
serious impediment to law enforcement.
(6) From subsection (e)(3) because to inform individuals as required
by this subsection would enable the subject individual to identify
confidential sources, reveal the existence of an investigation, and
compromise law enforcement efforts.
(7) From subsections (e)(4) (G) and (H) because they are
inapplicable since an exemption is being claimed for subsections (d) and
(f) for investigatory records contained in this system.
(8) From subsection (e)(8) because to serve notice would give
persons sufficient warning to evade law enforcement efforts.
(9) From subsection (f) because investigatory records contained in
this system are exempt from the provisions of subsection (d).
(10) From subsection (g) because it is inapplicable since an
exemption is being claimed for subsections (d) and (f).
(m) The following system of records is exempt from 5 U.S.C. 552a(c)
(3) and (4), (d), (e) (2) and (3), (e)(4) (G) and (H), (e)(8), (f) and
(g):
(1) U.S. Marshals Service Administrative Proceedings, Claims and
Civil Litigation Files (JUSTICE/USM-013).
These exemptions apply only to the extent that information in this
system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2) or
(k)(5).
(n) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (c)(3) because to release the disclosure
accounting for disclosures pursuant to the routine uses published for
this system would permit the subject of a criminal or civil case or
matter under investigation, or a case or matter in litigation, or under
regulatory or administrative review or action, to obtain valuable
information concerning the nature of that investigation, case or matter,
and present a serious impediment to law enforcement or civil legal
activities, or reveal a confidential source.
(2) From subsection (c)(4) because the exemption claimed for
subsection (d) will make this section inapplicable.
(3) From subsection (d) because to permit access to records
contained in this system would provide information concerning litigation
strategy, or case development, and/or reveal the nature of the criminal
or civil case or matter under investigation or administrative review, or
in litigation, and present a serious impediment to law enforcement or
civil legal activities, or reveal a confidential source.
(4) From subsection (e)(2) because effective legal representation,
defense, or claim adjudication necessitates collecting information from
all individuals having knowledge of the criminal or civil case or
matter. To collect information primarily from the subject individual
would present a serious impediment to law enforcement or civil legal
activities.
(5) From subsection (e)(3) because to inform the individuals as
required by this subsection would permit the subject of a criminal or
civil matter under investigation or administrative review to compromise
that investigation or administrative review and thereby impede law
enforcement efforts or civil legal activities.
(6) From subsections (e)(4) (G) and (H) because these provisions are
inapplicable since this system is exempt from subsections (d) and (f) of
the Act.
(7) From subsection (e)(8) because to serve notice would give
persons sufficient warning to compromise a criminal or civil
investigation or administrative review and thereby impede law
enforcement of civil legal activities.
(8) From subsection (f) because this system of records is exempt
from the provisions of subsection (d).
(9) From subsection (g) because it is inapplicable since an
exemption is claimed for subsections (d) and (f).
(o) The following system of records is exempt from 5 U.S.C. 552a(c)
(3) and (4), (d), (e) (1), (2), (5) and (g):
(1) U.S. Marshals Service Prisoner Transportation System (JUSTICE/
USM-003).
These exemptions apply only to the extent that information in this
system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2).
(p) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (c)(3) where the release of the disclosure
accounting for disclosures made pursuant to subsection (b) of the Act
would reveal a source who furnished information to the Government in
confidence.
(2) From subsection (c)(4) to the extent that the system is exempt
from subsection (d).
(3) From subsection (d) because access to records would reveal the
names and other information pertaining to prisoners, including sensitive
security information such as the identities and locations of
confidential sources, e.g., informants and protected witnesses; and
disclose access codes, data entry codes and message routing symbols used
in law enforcement communications systems to schedule and effect
prisoner movements. Thus, such a compromise of law enforcement
communications systems would subject law enforcement personnel and other
prisoners to harassment and possible danger, and present a serious
threat to law enforcement activities. To permit amendment of the records
would interfere with ongoing criminal law enforcement and impose an
impossible administrative burden by requiring that information affecting
the prisoner's security classification be continuously reinvestigated
when contested by the prisoner, or by anyone on his behalf.
(4) From subsections (e) (1) and (5) because the security
classification of prisoners is based upon information collected during
official criminal investigations; and, in the interest of ensuring safe
and secure prisoner movements it may be necessary to retain information
the relevance, necessity, accuracy, timeliness, and completeness of
which cannot be readily established, but which may subsequently prove
useful in establishing patterns of criminal activity or avoidance, and
thus be essential to assigning an appropriate security classification to
the prisoner. The restrictions of subsection (e) (1) and (5) would
impede the information collection responsibilities of the USMS, and the
lack of all available information could result in death or serious
injury to USMS and other law enforcement personnel, prisoners in
custody, and members of the public.
(5) From subsection (e)(2) because the requirement to collect
information from the subject individual would impede the information
collection responsibilities of the USMS in that the USMS is often
dependent upon sources other than the subject individual for
verification of information pertaining to security risks posed by the
individual prisoner.
(6) From subsection (g) to the extent that the system is exempt from
subsection (d).
(q) The following system of records is exempt from 5 U.S.C.
552a(c)(3) and (4), (d), (e)(1), (2), (3), (e)(5) and (e)(8) and (g):
(1) U.S. Marshals Service Prisoner Processing and Population
Management System (JUSTICE/USM-005).
These exemptions apply only to the extent that information in this
system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2).
(r) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (c)(3) because to release the disclosure
accounting would permit the subject of a criminal proceeding to
determine the extent or nature of law enforcement authorities' knowledge
regarding his/her alleged misconduct or criminal activities. The
disclosure of such information could alert the subject to devise ways in
which to conceal his/her activities and/or prevent law enforcement from
learning additional information about his/her activities, or otherwise
inhibit law enforcement efforts. In addition, where the individual is
the subject of an ongoing or potential inquiry/investigation, such
release could reveal the nature thereof prematurely, and may also enable
the subject to determine the identity of witnesses and informants. Such
disclosure could compromise the ongoing or potential inquiry/
investigation, endanger the lives of witnesses and informants, or
otherwise impede or thwart law enforcement efforts.
(2) From subsection (c)(4) to the extent that the system is exempt
from subsection (d).
(3) From subsection (d) because to permit unlimited access would
permit the subject of a criminal proceeding to determine the extent or
nature of law enforcement authorities' knowledge regarding his/her
alleged misconduct or criminal activities. The disclosure of such
information could alert the subject to devise ways in which to conceal
his/her activities and/or prevent law enforcement from learning
additional information about his/her activities, or otherwise inhibit
law enforcement efforts. Disclosure would also allow the subject to
obtain sensitive information concerning the existence and nature of
security measures and jeopardize the safe and secure transfer of the
prisoner, the safety and security of other prisoners, informants and
witnesses, law enforcement personnel, and the public. In addition,
disclosure may enable the subject to learn prematurely of an ongoing or
potential inquiry/investigation, and may also permit him/her to
determine the identities of confidential sources, informants, or
protected witnesses. Such disclosure could compromise the ongoing or
potential inquiry/investigation, endanger the lives of witnesses and
informants, or otherwise impede or thwart law enforcement efforts.
Disclosure may also constitute an unwarranted invasion of the personal
privacy of third parties. Further, disclosure would reveal access codes,
data entry codes and message routing symbols used in law enforcement
communications systems. Access to such codes and symbols would permit
the subject to impede the flow of law enforcement communications and
compromise the integrity of law enforcement information, and thus
present a serious threat to law enforcement activities. To permit
amendment of the records would expose security matters, and would impose
an impossible administrative burden by requiring that security
precautions, and information pertaining thereto, be continuously
reevaluated if contested by the prisoner, or by anyone on his or her
behalf. Similarly, to permit amendment could interfere with ongoing or
potential inquiries/investigations by requiring that such inquiries/
investigations be continuously reinvestigated, or that information
collected (the relevance and accuracy of which cannot readily be
determined) be subjected to continuous change.
(4) From subsections (e)(1) and (5) because the system may contain
investigatory information or information which is derived from
information collected during official criminal investigations. In the
interest of effective law enforcement and litigation, of securing the
prisoner and of protecting the public, it may be necessary to retain
information the relevance, necessity, accuracy, timeliness and
completeness of which cannot be readily established. Such information
may nevertheless provide investigative leads to other Federal or law
enforcement agencies, or prove necessary to establish patterns of
criminal activity or behavior, and/or prove essential to the safe and
secure detention (and movement) of prisoners. Further, the provisions of
(e)(1) and (e)(5) would restrict the ability of the USMS in exercising
its judgment in reporting information during investigations or during
the development of appropriate security measures, and thus present a
serious impediment to law enforcement efforts.
(5) From subsection (e)(2) because the requirement to collect
information from the subject individual would impede the information
collection responsibilities of the USMS which is often dependent upon
sources other than the subject individual for verification of
information pertaining to security risks posed by the individual
prisoner, to alleged misconduct or criminal activity of the prisoner, or
to any matter affecting the safekeeping and disposition of the
individual prisoner.
(6) From subsection (e)(3) because to inform individuals as required
by this subsection could impede the information gathering process,
reveal the existence of an ongoing or potential inquiry/investigation or
security procedure, and compromise law enforcement efforts.
(7) From subsection (e)(8) because to serve notice would give
persons sufficient warning to compromise an ongoing or potential
inquiry/investigation and thereby evade and impede law enforcement and
security efforts.
(8) From subsection (g) to the extent that the system is exempt from
subsection (d).
(s) The following system of records is exempt from 5 U.S.C. 552a(c)
(3) and (4), (d), (e) (1), (2), (3), (e) (5) and (e) (8) and (g):
Joint Automated Booking Stations, Justice/USM-014
(t) 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).
Where compliance would not interfere with or adversely affect the law
enforcement process, the USMS may waive the exemptions, either partially
or totally. Exemption from the particular subsections are justified for
the following reasons:
(1) From subsections (c)(3) and (d) to the extent that access to
records in this system of records may impede or interfere with law
enforcement efforts, result in the disclosure of information that would
constitute and unwarranted invasion of the personal privacy of
collateral record subjects or other third parties, and/or jeopardize the
health and/or safety of third parties.
(2) Where access to certain records may be appropriate, exemption
from the amendment provisions of subsection (d)(2) in necessary to the
extent that the necessary and appropriate justification, together with
proof of record inaccuracy, is not provided, and/or to the extent that
numerous, frivolous requests to amend could impose an impossible
administrative burden by requiring agencies to continuously review
booking and arrest data, much of which is collected from the arrestee
during the arrest.
(3) From subsection (e)(1) to the extent that it is necessary to
retain all information in order not to impede, compromise, or interfere
with law enforcement efforts, e.g., where the significance of the
information may not be readily determined and/or where such information
may provide leads or assistance to Federal and other law enforcement
agencies in discharging their law enforcement responsibilities.
(4) From subsection (e)(2) because, in some instances, the
application of this provision would present a serious impediment to law
enforcement since it may be necessary to obtain and verify information
from a variety of sources other than the record subject to ensure
safekeeping, security, and effective law enforcement. For example, it
may be necessary that medical and psychiatric personnel provide
information regarding the subject's behavior, physical health, or mental
stability, etc. To ensure proper care while in custody, or it may be
necessary to obtain information from a case agent or the court to ensure
proper disposition of the subject individual.
(5) From subsection (e)(3) because the requirement that agencies
inform each individual whom it asks to supply information of such
information as is required by subsection (e)(3) may, in some cases,
impede the information gathering process or otherwise interfere with or
compromise law enforcement efforts, e.g., the subject may deliberately
withhold information, or give erroneous information.
(6) From subsection (e)(5) because in the collection of information
for law enforcement purposes it is impossible to determine in advance
what information is accurate, relevant, timely and complete. With the
passage of time, seemingly irrelevant or untimely information may
acquire new significance and the accuracy of such information can only
be determined in a court of law. The restrictions imposed by subsection
(e)(5) would restrict the ability to collect information for law
enforcement purposes and may prevent the eventual development of the
necessary criminal intelligence or otherwise impede effective law
enforcement.
(7) From subsection (e)(8) to the extent that such notice may
impede, interfere with, or otherwise compromise law enforcement and
security efforts.
(8) From subsection (g) to the extent that this system is exempt
from the access and amendment provisions of subsection (d).
(u) Consistent with the legislative purpose of the Privacy Act of
1974, the United States Marshals Service will grant access to nonexempt
material in records which are maintained by the Service. Disclosure will
be governed by the Department's Privacy Regulations, but will be limited
to the extent that the identity of confidential sources will not be
compromised; subjects of an investigation of an actual or potential
criminal, civil or regulatory violation will not be alerted to the
investigation; the physical safety of witnesses, informants and law
enforcement personnel will not be endangered; the privacy of third
parties will not be violated; and that the disclosure would not
otherwise impede effective law enforcement. Whenever possible,
information of the above nature will be deleted from the requested
documents and the balance made available. The controlling principle
behind this limited access is to allow disclosures except those
indicated above. The decisions to release information from these systems
will be made on a case-by-case basis.
[Order No. 645-76, 41 FR 12640, Mar. 26, 1976, as amended by Order No.
8-83, 48 FR 19024, Apr. 27, 1983; Order No. 10-86, 51 FR 20275, June 4,
1986; Order No. 11-86, 51 FR 20277, June 4, 1986; Order No. 61-92, 57 FR
3284, Jan. 29, 1992; Order No. 66-92, 57 FR 20654, May 14, 1992; Order
No. 105-95, 60 FR 30467, June 9, 1995]
Sec. 16.102 Exemption of Drug Enforcement Administration and
Immigration and Naturalization Service Joint System of
Records.
(a) The following system of records is exempted pursuant to
provisions of 5 U.S.C. 552a(j)(2) from subsections (c) (3) and (4), (d),
(e) (1), (2) and (3), (e)(4) (G), (H), and (I), (e)(5) and (8), (f),
(g), and (h) of 5 U.S.C. 552a; in addition the following system of
records is exempted pursuant to the provisions of 5 U.S.C. 552 (k)(1)
and (k)(2) from subsections (c)(3), (d), (e)(1), (e)(4) (G), (H), and
(I), and (f) of 5 U.S.C. 552a.
(1) Automated Intelligence Record System (Pathfinder), JUSTICE/DEA-
INS-111.
These exemptions apply to the extent that information in those systems
is subject to exemption pursuant to 5 U.S.C. 552a (j)(2), (k)(1) and
(k)(2).
(b) The system of records listed under paragraph (a) of this section
is exempted, for the reasons set forth from the following provisions of
5 U.S.C. 552a:
(1)(c)(3). The release of the disclosure accounting for disclosures
made pursuant to subsection (b) of the Act, including those permitted
under the routine uses published for these systems of records, would
permit the subject of an investigation of an actual or potential
criminal, civil, or regulatory violation to determine whether he is the
subject of investigation, or to obtain valuable information concerning
the nature of that investigation, and the information obtained, or the
identity of witnesses and informants and would therefore present a
serious impediment to law enforcement. In addition, disclosure of the
accounting would amount to notice to the individual of the existence of
a record; such notice requirement under subsection (f)(1) is
specifically exempted for these systems of records.
(2)(c)(4). Since an exemption is being claimed for subsection (d) of
the Act (Access to Records) this subsection is inapplicable to the
extent that these systems of records are exempted from subsection (d).
(3)(d). Access to the records contained in these systems would
inform the subject of an investigation of an actual or potential
criminal, civil, or regulatory violation of the existence of that
investigation, or the nature and scope of the information and evidence
obtained as to his activities, of the identity of witnesses and
informants, or would provide information that could enable the subject
to avoid detection or apprehension. These factors would present a
serious impediment to effective law enforcement because they could
prevent the successful completion of the investigation, endanger the
physical safety of witnesses or informants, and lead to the improper
influencing of witnesses, the destruction of evidence, or the
fabrication of testimony.
(4)(e)(1). The notices of these systems of records published in the
Federal Register set forth the basic statutory or related authority for
maintenance of this system. However, in the course of criminal or other
law enforcement investigations, cases, and matters, the Immigration and
Naturalization Service or the Drug Enforcement Administration will
occasionally obtain information concerning actual or potential
violations of law that are not strictly within its statutory or other
authority or may compile information in the course of an investigation
which may not be relevant to a specific prosecution. In the interests of
effective law enforcement, it is necessary to retain such information in
these systems of records since it can aid in establishing patterns of
criminal activity and can provide valuable leads for federal and other
law enforcement agencies.
(5)(e)(2). In a criminal investigation or prosecution, the
requirement that information be collected to the greatest extent
practicable from the subject individual would present a serious
impediment to law enforcement because the subject of the investigation
or prosecution would be placed on notice as to the existence of the
investigation and would therefore be able to avoid detection or
apprehension, to influence witnesses improperly, to destroy evidence, or
to fabricate testimony.
(6)(e)(3). The requirement that individuals supplying information
be provided with a form stating the requirements of subsection (e)(3)
would constitute a serious impediment to law enforcement in that it
could compromise the existence of a confidential investigation or reveal
the identity of witnesses or confidential informants.
(7)(e)(4) (G) and (H). Since an exemption is being claimed for
subsections (f) (Agency Rules) and (d) (Access to Records) of the Act
these subsections are inapplicable to the extent that these systems of
records are exempted from subsections (f) and (d).
(8)(e)(4)(I). The categories of sources of the records in these
systems have been published in the Federal Register in broad generic
terms in the belief that this is all that subsection (e)(4)(I) of the
Act requires. In the event, however, that this subsection should be
interpreted to require more detail as to the identity of sources of the
records in these systems, exemption from this provision is necessary in
order to protect the confidentiality of the sources of criminal and
other law enforcement information. Such exemption is further necessary
to protect the privacy and physical safety of witnesses and informants.
(9)(e)(5). In the collection of information for criminal law
enforcement purposes it is impossible to determine in advance what
information is accurate, relevant, timely, and complete. With the
passage of time, seemingly irrelevant or untimely information may
acquire new significance as further investigation brings new details to
light and the accuracy of such information can often only be determined
in a court of law. The restrictions of subsection (e)(5) would restrict
the ability of trained investigators, intelligence analysts, and
government attorneys in exercising their judgment in reporting on
information and investigations and impede the development of criminal or
other intelligence necessary for effective law enforcement.
(10)(e)(8). The individual notice requirements of subsection (e)(8)
could present a serious impediment to law enforcement as this could
interfere with the ability to issue warrants or subpoenas and could
reveal investigative techniques, procedures, or evidence.
(11)(f). Procedures for notice to an individual pursuant to
subsection (f)(1) as to the existence of records pertaining to him
dealing with an actual or potential criminal, civil, or regulatory
investigation or prosecution must be exempted because such notice to an
individual would be detrimental to the successful conduct and/or
completion of an investigation or prosecution pending or future. In
addition, mere notice of the fact of an investigation could inform the
subject or others that their activities are under or may become the
subject of an investigation and could enable the subjects to avoid
detection or apprehension, to influence witnesses improperly, to destroy
evidence, or to fabricate testimony.
Since an exemption is being claimed for subsection (d) of the Act
(Access to Records) the rules required pursuant to subsections (f) (2)
through (5) are inapplicable to these systems of records to the extent
that these systems of records are exempted from subsection (d).
(12)(g). Since an exemption is being claimed for subsections (d)
(Access to Records) and (f) (Agency Rules) this section is inapplicable,
and is exempted for the reasons set forth for those subsections, to the
extent that these systems of records are exempted from subsections (d)
and (f).
(13)(h). Since an exemption is being claimed for subsection (d)
(Access to Records) and (f) (Agency Rules) this section is inapplicable,
and is exempted for the reasons set forth for those subsections, to the
extent that these systems of records are exempted from subsections (d)
and (f).
(14) In addition, exemption is claimed for these systems of records
from compliance with the following provisions of the Privacy Act of 1974
(5 U.S.C. 552a) pursuant to the provisions of 5 U.S.C. 552a(k)(1):
subsections (c)(3), (d), (e)(1), (e)(4) (G), (H), and (I), and (f) to
the extent that the records contained in these systems are specifically
authorized to be kept secret in the interests of national defense and
foreign policy.
[Order No. 742-77, 42 FR 40907, Aug. 12, 1977]
Sec. 16.103 Exemption of the INTERPOL-United States National Central
Bureau (INTERPOL-USNCB) System.
(a) The following system of records is exempt from 5 U.S.C. 552a(c)
(3) and (4), (d), (e) (1), (2), and (3), (e)(4) (G) and (H), (e)(5) and
(8), (f) and (g):
(1) The INTERPOL-United States National Central Bureau (INTERPOL-
USNCB) (Department of Justice) INTERPOL-USNCB Records System (JUSTICE/
INTERPOL-001).
This exemption applies only to the extent that information in this
system is subject to exemption pursuant to 5 U.S.C. 552a (j)(2), (k)(2),
and (k)(5).
(b) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (c)(3) because the release of accounting
disclosures would place the subject of an investigation on notice that
he is under investigation and provide him with significant information
concerning the nature of the investigation, thus resulting in a serious
impediment to law enforcement.
(2) From subsections (c)(4), (d), (e)(4) (G), and (H), (f) and (g)
because these provisions concern individual access to records and such
access might compromise ongoing investigations reveal investigatory
techniques and confidential informants, and invade the privacy of
private citizens who provide information in connection with a particular
investigation.
(3) From subsection (e)(1) because information received in the
course of an international criminal investigation may involve a
violation of state or local law, and it is beneficial to maintain this
information to provide investigative leads to state and local law
enforcement agencies.
(4) From subsection (e)(2) because collecting information from the
subject of criminal investigations would thwart the investigation by
placing the subject on notice.
(5) From subsection (e)(3) because supplying an individual with a
statement of the intended use of the requested information could
compromise the existence of a confidential investigation, and may
inhibit cooperation.
(6) From subsection (e)(5) because the vast majority of these
records come from local criminal justice agencies and it is
administratively impossible to ensure that the records comply with this
provision. Submitting agencies are, however, urged on a continuting
basis to ensure that their records are accurate and include all
dispositions.
(7) From subsection (e)(8) because the notice requirements of this
provision could present a serious impediment to law enforcement by
revealing investigative techniques, procedures, and the existence of
confidential investigations.
[Order No. 8-82, 47 FR 44255, Oct. 7, 1982, as amended by Order No. 6-
86, 51 FR 15479, Apr. 24, 1986]
DEPARTMENT OF JUSTICE
Table of Contents
Antitrust Division
JUSTICE/ATR-001, Antitrust Division Expert Witness File.
JUSTICE/ATR-002, Congressional and White House Referral Correspondence
Log File.
JUSTICE/ATR-003, Index of Defendants in Pending and Terminated Antitrust
Cases.
JUSTICE/ATR-004, Statement by Antitrust Division Officials (ATD Speech
File).
JUSTICE/ATR-005, Antitrust Caseload Evaluation System (ACES)--Time
Reporter.
JUSTICE/ATR-006, Antitrust Caseload Evaluation System (ACES)--Monthly
Report.
JUSTICE/ATR-007, Antitrust Division Case Cards.
JUSTICE/ATR-009, Public Complaints and Inquiries File.
JUSTICE/ATR-014, Civil Investigative Demand (CID) Tracking System.
Board of Immigration Appeals
JUSTICE/BIA-001, Decisions of the Board of Immigration Appeals.
JUSTICE/BIA-002, Roster of Organizations and their Accredited
Representative Recognized by the Board of Immigration Appeals.
Bureau of Prisons
JUSTICE/BOP-001, Custodial and Security Record System.
JUSTICE/BOP-002, Freedom of Information Act Record System.
JUSTICE/BOP-003, Industrial Inmate Employment Record System.
JUSTICE/BOP-004, Inmate Administrative Remedy Record System.
JUSTICE/BOP-005, Inmate Central Records System.
JUSTICE/BOP-006, Inmate Commissary Accounts Record System.
JUSTICE/BOP-007, Inmate Physical and Mental Health Record System.
JUSTICE/BOP-008, Inmate Safety and Accident Compensation Record System.
JUSTICE/BOP-009, Federal Tort Claims Act Record System.
JUSTICE/BOP-011, Telephone Activity Record System.
JUSTICE/BOP-012, Bureau of Prisons, Office of Internal Affairs
Investigative Records.
JUSTICE/BOP-101, National Institute of Corrections Technical Assistance
Resource Persons Directory.
JUSTICE/BOP-102, National Institute of Corrections Field Readers List.
JUSTICE/BOP-999, Appendix of Field Locations for the Bureau of Prisons.
Civil Division
JUSTICE/CIV-001, Civil Division Case File System.
JUSTICE/CIV-002, Civil Division Case File System: Customs Litigation.
JUSTICE/CIV-003, Office of Alien Property File System.
JUSTICE/CIV-004, Swine Flu Administrative Claim File System.
JUSTICE/CIV-005, Freedom of Information/Privacy Acts File.
JUSTICE/CIV-006, Consumer Inquiry/Investigatory System.
JUSTICE/CIV-007, Congressional and Citizen Correspondence File.
Civil Rights Division
JUSTICE/CRT-001, Central Civil Rights Division Index File and Associated
Records System.
JUSTICE/CRT-002, Files of Applications for the Position of Attorneys
with the Civil Rights Division.
JUSTICE/CRT-003, Civil Rights Case Load Evaluation System-Time Reporting
System.
JUSTICE/CRT-004, Registry of Names of Interested Persons Desiring
Notification of Submissions under Section 5 of the Voting
Rights Act.
JUSTICE/CRT-007, Files on Employment Civil Rights Matters Referred by
the Equal Employment Opportunity Commission.
JUSTICE/CRT-008, Files on Correspondence Relating to Civil Rights
Matters from Persons Outside the Department of Justice.
JUSTICE/CRT-009, Civil Rights Division Travel Reports.
JUSTICE/CRT-010, Freedom of Information; Privacy Act Records.
Community Relations Service
JUSTICE/CRS-001, Operational Data Information System.
Criminal Division
JUSTICE/CRM-001, Central Criminal Division Index File and Associated
Records.
JUSTICE/CRM-002, Criminal Division Witness Security File.
JUSTICE/CRM-003, File of Names Checked to Determine If Those Individuals
Have Been the Subject of an Electronic Surveillance.
JUSTICE/CRM-004, General Litigation and Legal Advice Section, Criminal
Division, Central Index File and Associated Records.
JUSTICE/CRM-005, Index to Name of Attorneys, Employed by the Criminal
Division, U.S. Department of Justice, Indicating the Subject
of the Memoranda on Criminal Matters They Have Written.
JUSTICE/CRM-006, Information File on Individuals and Commercial Entities
Known or Suspected of Being Involved in Fraudulent Activities.
JUSTICE/CRM-007, Name Card File on Criminal Division Personnel
Authorized to Have Access to the Central Criminal Division
Records.
JUSTICE/CRM-008, Name Card File on Department of Justice Personnel
Authorized to Have Access to Classified Files of the
Department of Justice.
JUSTICE/CRM-012, Organized Crime and Racketeering Section, General Index
File and Associated Records.
JUSTICE/CRM-014, Organized Crime and Racketeering Section, Intelligence
and Special Services Unit, Information Request System.
JUSTICE/CRM-017, Registration and Propaganda Files Under the Foreign
Agents Registration Act of 1938, As Amended.
JUSTICE/CRM-018, Registration Files of Individuals Who Have Knowledge
of, or Have Received Instruction or Assignment in Espionage,
Counterespionage, or Sabotage Service or Tactics of a Foreign
Government or of a Foreign Political Party.
JUSTICE/CRM-019, Requests to the Attorney General for Approval of
Application to Federal Judges for Electronic Interceptions.
JUSTICE/CRM-021, The Stocks and Bonds Intelligence Control Card File
System.
JUSTICE/CRM-022, Witness Immunity Records.
JUSTICE/CRM-023, Weekly Statistical Report.
JUSTICE/CRM-024, Freedom of Information/Privacy Act Records.
JUSTICE/CRM-025, Tax Disclosure Index File and Associated Records
JUSTICE/CRM-026, Index of Prisoners Transferred Under Prisoner Transfer
Treaties.
JUSTICE/CRM-027, Office of Special Investigations (OSI) Displaced
Persons Listings.
Drug Enforcement Administration
JUSTICE/DEA-001, Air Intelligence Program.
JUSTICE/DEA-003, Automated Records and Consolidated Orders System/
Diversion Analysis and Detection System (ARCOS/DADS).
JUSTICE/DEA-004, Congressional Correspondence File.
JUSTICE/DEA-005, Controlled Substances Act Registration Records (CSA).
JUSTICE/DEA-006, Freedom of Information/Privacy Act Records.
JUSTICE/DEA-007, International Intelligence Data Base.
JUSTICE/DEA-008, Investigative Reporting and Filing System.
JUSTICE/DEA-009, Medical Records.
JUSTICE/DEA-010, Planning and Inspection Division Records.
JUSTICE/DEA-011, Operations Files.
JUSTICE/DEA-012, Registration Status/Investigation Records.
JUSTICE/DEA-013, Security Files.
JUSTICE/DEA-014, System to Retrieve Information from Drug Evidence
(STRIDE/Ballistics).
JUSTICE/DEA-015, Training Files.
JUSTICE/DEA-016, Drug Enforcement Administration Accounting System
(DEAAS II).
JUSTICE/DEA-017, Grants of Confidentiality Files (GCF).
JUSTICE/DEA-018, Applicant Investigations (DAI).
JUSTICE/DEA-020, Essential Chemical Reporting System.
JUSTICE/DEA-021, DEA Aviation Unit Reporting System.
JUSTICE/DEA-023, Clerical, Technical and Professional (CTAP) Program
Files.
JUSTICE/DEA-027, DEA Employee Profile System (DEPS).
JUSTICE/DEA-028, Regional Automated Intelligence Data System (RAIDS).
JUSTICE/DEA-030, Agent Recruit Assessment Program.
JUSTICE/DEA-INS-111, Automated Intelligence Records System (Pathfinder).
JUSTICE/DEA-999, DEA Appendix 1--List of Record Location Addresses
Executive Office for Immigration Review
JUSTICE/EOIR-001, Records and Management Information Systems.
JUSTICE/EOIR-999, Appendix to Executive Office for Immigration Review
System of Records.
Federal Bureau of Investigation
JUSTICE/FBI-001, National Crime Information Center (NCIC).
JUSTICE/FBI-002, The FBI Central Records System.
JUSTICE/FBI-003, Bureau Mailing Lists.
JUSTICE/FBI-004, Routine Correspondence Handled by Preprinted Form.
JUSTICE/FBI-005, Routine Correspondence Prepared Without Yellow File.
JUSTICE/FBI-006, Electronic Surveillance (ELSUR) Indices.
JUSTICE/FBI-007, FBI Automated Payroll System.
JUSTICE/FBI-008, Bureau Personnel Management System (BPMS).
JUSTICE/FBI-009, Indentification Division Records System.
JUSTICE/FBI-010, Employee Travel Vouchers and Individual Earning
Records.
JUSTICE/FBI-011, Employee Health Records.
JUSTICE/FBI-012, Time Utilization Record-Keeping (TURK) System.
JUSTICE/FBI-013, Security Access Control System (SACS).
JUSTICE/FBI-014, FBI Alcoholism Program.
JUSTICE/FBI-015, National Center for the Analysis of Violent Crime
(NCAVC).
JUSTICE/FBI-016, FBI Counterdrug Information Indices System (CIIS) .
JUSTICE/FBI-999, Appendix of Field Divisions and Legal Attaches for the
Federal Bureau of Investigation Field Divisions.
Foreign Claims Settlement Commission
JUSTICE/FCSC-1, Indexes of Claimants (Alphabetical).
JUSTICE/FCSC-2, Bulgaria, Claims Against (1st Program).
JUSTICE/FCSC-3, Bulgaria, Claims Against (2nd Program).
JUSTICE/FCSC-4, Certifications of Awards.
JUSTICE/FCSC-5, China, Claims Against.
JUSTICE/FCSC-6, Civilian Internees (Vietnam).
JUSTICE/FCSC-7, Correspondence (General).
JUSTICE/FCSC-8, Correspondence (Inquiries Concerning Claims in Foreign
Countries).
JUSTICE/FCSC-9, Cuba, Claims Against.
JUSTICE/FCSC-10, Czechoslovakia, Claims Against.
JUSTICE/FCSC-11, East Germany, Registration of Claims Against.
JUSTICE/FCSC-12, Federal Republic of Germany, Questionnaire Inquiries
from.
JUSTICE/FCSC-13, Payroll Records.
JUSTICE/FCSC-14, General Personnel Records.
JUSTICE/FCSC-15, General Financial Records.
JUSTICE/FCSC-16, Hungary, Claims Against (1st Program).
JUSTICE/FCSC-17, Hungary, Claims Against (2nd Program).
JUSTICE/FCSC-18, Italy, Claims Against (1st Program).
JUSTICE/FCSC-19, Italy, Claims Against (2nd Program).
JUSTICE/FCSC-20, Micronesia, Claims Arising in.
JUSTICE/FCSC-21, Panama, Claims Against.
JUSTICE/FCSC-22, Poland, Registration of Claims.
JUSTICE/FCSC-23, Poland, Claims Against.
JUSTICE/FCSC-24, Prisoners of War (Pueblo).
JUSTICE/FCSC-25, Prisoners of War (Vietnam).
JUSTICE/FCSC-26, Romania, Claims Against (1st Program).
JUSTICE/FCSC-27, Romania, Claims Against (2nd Program).
JUSTICE/FCSC-28, Soviet Union, Claims Against.
JUSTICE/FCSC-29, Yugoslavia, Claims Against (1st Program).
JUSTICE/FCSC-30, Yugoslavia, Claims Against (2nd Program).
JUSTICE/FCSC-31, German Democratic Republic, Claims Against.
JUSTICE/FCSC-32, General War Claims Program, Claims Filed in.
JUSTICE/FCSC-33, Vietnam, Claims for Losses Against.
JUSTICE/FCSC-34, Ethiopia, Claims for Losses Against.
JUSTICE/FCSC-35, Egypt, Claims Against.
Immigration and Naturalization Service
JUSTICE/INS-001, The Immigration and Naturalization Service Index
System.
JUSTICE/INS-001A, The Immigration and Naturalization Service (INS) Alien
File (A-File) and Central Index System (CIS).
JUSTICE/INS-003, Position Accounting/Control System (PACS).
JUSTICE/INS-006, Alien Address Reports.
JUSTICE/INS-007, Orphan Petitioner Index and Files.
JUSTICE/INS-008, Bond Accounting and Control System (BACS).
JUSTICE/INS-009, Alien Status Verification Index.
JUSTICE/INS-010, Freedom of Information Act/Privacy Act (FOIA/PA) Case
Tracking and Reporting System.
JUSTICE/INS-011, Password Issuance and Control System (PICS).
JUSTICE/INS-012, Deportable Alien Control System (DACS).
JUSTICE/INS-013, Fees and Application Receipt and Entry System (FARES).
JUSTICE/INS-014, Security Access Control System (SACS).
JUSTICE/INS-015, Port of Entry Office Management Support System (POMS).
JUSTICE/INS-016, Secondary Verification Automated Log (SVAL).
JUSTICE/INS-017, Priority Automated Commuter Entry System (PACES).
JUSTICE/INS-018, Automated Data Processing Equipment Inventory
Management System (AMIS).
JUSTICE/INS-019, Employee Assistance Program (EAP) Treatment Referral
Records.
JUSTICE/INS-999, INS Appendix: List of Principal Offices of Immigration
and Naturalization Service.
INTERPOL--United States National Central Bureau
JUSTICE/Interpol-001, The INTERPOL--United States National Central
Bureau (INTERPOL--USNCB) (Department of Justice) INTERPOL--
USNCB Records System.
Justice Management Division
JUSTICE/JMD-001, Background Investigation Check-off Card.
JUSTICE/JMD-002, Controlled Substances Act Nonpublic Records.
JUSTICE/JMD-003, Department of Justice Payroll System.
JUSTICE/JMD-004, Bookstream.
JUSTICE/JMD-005, Grievance Records.
JUSTICE-JMD-006, Debt Collection Management System.
JUSTICE/JMD-007, Accounting System for the Offices, Boards and Divisions
and the United States Marshals Service.
JUSTICE/JMD-008, Security Clearance Information System (SCIS).
JUSTICE/JMD-009, Debt Collection Offset Payment System.
JUSTICE/JMD-010, Document Information System (DIS).
JUSTICE/JMD-011, Office of General Counsel (OGC) Correspondence and
Advice Tracking System (CATS).
JUSTICE/JMD-012, Executive Biography.
JUSTICE/JMD-013, Employee Locator File.
JUSTICE/JMD-016, Employee Assistance Program Treatment and Referral
Records, JUSTICE/JMD-016.
JUSTICE/JMD-017, Department of Justice Controlled Parking Records.
JUSTICE/JMD-018, Delegations of Procurement Authority./
JUSTICE/JMD-019, Freedom of Information Act/Privacy Act (FOIA/PA)
Records System.
JUSTICE/JMD-020, Freedom of Information Act/Privacy Act (FOIA/PA)
Request Letters.
Land and Natural Resources Division
JUSTICE/LDN-001, Appraisers File.
JUSTICE/LDN-002, Congressional Correspondence File.
JUSTICE/LDN-003, Lands Docket Tracking System.
JUSTICE/LDN-004, Title Abstractors, Attorneys and Insurance Corporations
File.
JUSTICE/LDN-005, Freedom of Information Act and Privacy Act Records
System.
JUSTICE/LDN-006, Citizens` Mail File.
Office of the Attorney General
JUSTICE/OAG-001, General Files Systems of the Office of the Attorney
General.
Office of the Associate Attorney General
JUSTICE/AAG-001, General Files System of the Office of the Associate
Attorney General.
Office of the Deputy Attorney General
JUSTICE/DAG-003, Drug Enforcement Task Force Evaluation and Reporting
System.
JUSTICE/DAG-004, Honor Program Applicant System.
JUSTICE/DAG-005, Master Index File of Names.
JUSTICE/DAG-006, Presidential Appointee Candidate Records System.
JUSTICE/DAG-007, Presidential Appointee Records System.
JUSTICE/DAG-008, Special Candidates for Presidential Appointments and
Noncareer SES Positions Records System.
JUSTICE/DAG-009, Summer Intern Program Records System.
JUSTICE/DAG-010, United States Judge and Department of Justice
Presidential Appointee Records.
JUSTICE/DAG-011, Miscellaneous Attorney Personnel Records System.
JUSTICE/DAG-012, Executive Secretariat Correspondence Control System.
JUSTICE/DAG-013, General Files System of the Office of the Deputy
Attorney General.
Office of the Inspector General
JUSTICE/OIG-001, Office of the Inspector General Record Index.
JUSTICE/OIG-003, Office of the Inspector General, Freedom of
Information/Privacy Act Records.
Office of Justice Programs
JUSTICE/OJP-001, Equipment Inventory.
JUSTICE/OJP-004, Grants Management Information System (PROFILE).
JUSTICE/OJP-005, Financial Management System.
JUSTICE/OJP-006, Congressional and Public Affairs System.
JUSTICE/OJP-007, Public Information System.
JUSTICE/OJP-008, Civil Rights Investigative System.
JUSTICE/OJP-009, Federal Advisory Committee Membership Files.
JUSTICE/OJP-010, Technical Assistance Resource Files.
JUSTICE/OJP-011, Registered Users File-National Criminal Justice
Reference Service (NCJRS).
JUSTICE/OJP-012, Public Safety Officers Benefits System.
JUSTICE/OJP-013, Denial of Federal Benefits Clearinghouse System
(DEBAR).
Office of Legal Counsel
JUSTICE/OLC-001, Attorney Assignment Reports.
JUSTICE/OLC-002, Office of Legal Counsel Central File.
JUSTICE/OLC-003, Office of Legal Counsel, Freedom of Information Act and
Privacy Act Files (Justice/OLC-003).
Office of Legislative Affairs
JUSTICE/OLA-001, Congressional Committee Chairman Correspondence File.
JUSTICE/OLA-002, Congressional Correspondence File.
JUSTICE/OLA-003, Citizen Correspondence File.
Office of Legal Policy
JUSTICE/OLP-001, Freedom of Information and Privacy Appeals Index.
JUSTICE/OLP-002, United States Judges Records System.
JUSTICE/OLP-003, General Files System of the Office of Legal Policy.
Office of Pardon Attorney
JUSTICE/OPA-001, Executive Clemency Files.
JUSTICE/OPA-002, Miscellaneous Correspondence File.
JUSTICE/OPA-003, Freedom opf Information/Privacy Acts (FOI/PA) Request
File.
Office of Professional Responsibility:
JUSTICE/OPR-001, Office of Professional Responsibility Record Index.
Office of Public Information
JUSTICE/OPI, News Release, Document and Index System.
U.S. Parole Commission
JUSTICE/PRC-001, Docket, Scheduling and Control.
JUSTICE/PRC-002, Freedom of Information Act Records System.
JUSTICE/PRC-003, Inmate and Supervision Files.
JUSTICE/PRC-004, Labor and Pension Case, Legal File and General
Correspondence System.
JUSTICE/PRC-005, Office Operation and Personnel System.
JUSTICE/PRC-006, Statistical, Educational and Developmental System.
JUSTICE/PRC-007, Workload Records, Decision Result, and Annual Report
System.
Office of Special Counsel for Immigration-Related Unfair Employment
Practices (OSC)
JUSTICE/OSC 001, Central Index File and Associated Records.
JUSTICE/OSC-002, Files on Correspondence Relating to Immigration Related
Unfair Employment Practices from Persons Outside the
Department of Justice.
JUSTICE/OSC-003, Special Counsel for Immigration Related Unfair
Employment Practices Travel Reports.
JUSTICE/OSC-004, Freedom of Information; Privacy Acts Records.
Tax Division
JUSTICE/TAX-001, Tax Division Central Classification Cards, Index Docket
Cards, and Associated Records-Criminal Tax Cases.
JUSTICE/TAX-002, Tax Division Central Classification Cards, Index Docket
Cards, and Associated Records-Civil Tax Cases.
JUSTICE/TAX-003, Files of Applications for the Position of Attorney with
the Tax Division.
JUSTICE/TAX-004, Freedom of Information -Privacy act Request Files.
JUSTICE/TAX-005, Tax Division Special Projects Files.
United States Attorneys' Office
JUSTICE/USA-001, Administrative File.
JUSTICE/USA-002, A. U.S.A. Applicant Files.
JUSTICE/USA-003, Citizen Complaint Files.
JUSTICE/USA-004, Citizens Correspondent Files.
JUSTICE/USA-005, Civil Case Files.
JUSTICE/USA-006, Consumer Complaints.
JUSTICE/USA-007, Criminal Case Files.
JUSTICE/USA-008, Freedom of Information Act/Privacy Act Files.
JUSTICE/USA-009, Kline-District of Columbia and Maryland - Stock and
Land Fraud Interrelatioinship Filing System.
JUSTICE/USA-010, Major Crimes Division Investigative Files.
JUSTICE/USA-011, Prosecutor's Management Information System (PROMIS).
JUSTICE/USA-012, Security Clearance Forms for Grand Jury Reporters.
JUSTICE/USA-013, U.S. Attorney, District of Columbia Superior Court
Operation, Criminal Files, including but not limited to the
following subsystems: (a) Criminal file folder (USA-S-1), (b)
Criminal File Folder (USA-33), (c) Criminal Docket Card (USA-
T7), and (d) Index.
JUSTICE/USA-014, Pre-Trial Diversion Program Files.
JUSTICE/USA-015, Debt Collection Enforcement System.
JUSTICE/USA-016, Assistant United States Attorneys Applicant Records
System.
JUSTICE/USA-017, Appointed Assistant United States Attorneys Personnel
System.
JUSTICE/USA-999, Appendix of United States Attorney Office Locations.
U.S. Marshals Service
JUSTICE/USM-001, U.S. Marshals Service Badge and Credentials File.
JUSTICE/USM-002, Internal Inspections System.
JUSTICE/USM-003, U.S. Marshals Service Prisoner Transportation System.
JUSTICE/USM-004, Special Deputy File.
JUSTICE/USM-006, United States Marshals Service Training Files.
JUSTICE/USM-007, Warrant Information System.
JUSTICE/USM-008, Witness Security Files Information System.
JUSTICE/USM-009, U.S. Marshals Service Threat Analysis Information
System.
JUSTICE/USM-010, Judicial Facility Security Index System.
JUSTICE/USM-011, Judicial Protection Information System.
JUSTICE/USM-012, U.S. Marshals Service Freedom of Information Act/
Privacy Act (FOIA/PA) Files.
JUSTICE/USM-013, U.S. Marshals Service Administrative Proceedings,
Claims and Civil Litigation Files.
JUSTICE/USM-014, Joint Automated Booking Stations (JABS).
JUSTICE/USM-015, U.S. Marshals Service (USMS) Employee Assistance
Program (EAP) Records.
JUSTICE/USM-016, U.S. Marshals Service (USMS) Key Control Record System.
JUSTICE/USM-999, Appendix to U.S. Marshals Systems of Records.
U.S. Trustees
JUSTICE/UST-001, Bankruptcy Case Files and Associated Records.
JUSTICE/UST-002, Panel Trustee Application File.
JUSTICE/UST-003, U.S. Trustee Timekeeping System.
JUSTICE/UST-004, U. S. Trustee Program Case Referral System.
JUSTICE/UST-999, U.S. Trustee Appendix I--List of Record Retention
Addresses.