[Federal Register Volume 63, Number 237 (Thursday, December 10, 1998)]
[Notices]
[Pages 68299-68301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32867]
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DEPARTMENT OF JUSTICE
[AAG/A Order No. 156-98]
Privacy Act of 1974; Modified System of Records and New System of
Records
Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), the Department
of Justice, Office of Professional Responsibility (OPR), proposes to
revise the following system of records last published in the Federal
Register on December 11, 1987 (52 FR 47280):
``Office of Professional Responsibility Record Index, JUSTICE/OPR-001''
and proposes to establish the following new system of records:
``Freedom of Information/Privacy Acts (FOI/PA) Records, JUSTICE/OPR-
002.''
The JUSTICE/OPR-001 system is maintained to provide for the
resolution of allegations of misconduct made against Department of
Justice employees and to advise complainants of the status of
investigations and the results. OPR is revising this system to add two
new routine use disclosures identified as routine uses (9) and (10); to
modify routine use (1); and to make certain other non-substantive,
editorial and clarifying changes to the system description. The
proposed changes have been italicized for public convenience.
The new system of records, JUSTICE/OPR-002, will enable OPR to
process requests for access to its records under the Freedom of
Information and Privacy Acts.
Title 5 U.S.C. 552(e) (4) and (11) provide that the public be given
a 30-day period in which to comment on proposed new routine use
disclosures for both of these systems. The Office of Management and
Budget (OMB), which has oversight responsibilities under the Act,
requires that OMB and Congress be given a 40-day period in which to
conduct its review. Therefore, please submit written comments to
Patricia E. Neely, Program Analyst, Information Management and Security
Staff, Justice Management Division, Department of Justice, Washington,
DC 20530 (Room 850 WCTR Building).
In accordance with 5 U.S.C. 552a(r), the Department has provided a
report to OMB and the Congress on the proposed modification of the
existing system and the establishment of a new system of records.
Dated: November 20, 1998.
Stephen R. Colgate,
Assistant Attorney General for Administration.
JUSTICE/OPR-001
SYSTEM NAME:
Office of Professional Responsibility Record Index.
SYSTEM LOCATION:
Office of Professional Responsibility (OPR), U.S. Department of
Justice (DOJ), 950 Pennsylvania Avenue NW, Washington, DC 20530.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
(1) DOJ employees who are the subjects of complaints directed to,
or inquiries or investigations conducted by, OPR; (2) individuals
(complainants) who write to OPR; (3) individuals (complainants) who
write to the Attorney General and other officials of the Department and
whose correspondence is referred to OPR; and (4) employees of agencies
of the Federal Government, other than DOJ, about whom information
indicating possible criminal or administrative misconduct has been
developed during the course of routine investigation by components of
DOJ, when such information is furnished to OPR for referral--if
warranted--to an appropriate investigative component of DOJ, or another
government agency.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system of records consists of complaints filed against DOJ
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
OPR 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 DOJ, which have been
furnished to OPR for referral, if warranted, to the appropriate
investigative authority.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
44 U.S.C. 3101 et seq., 28 CFR 0.39 et seq., and Attorney General
Order No. 833-79.
PURPOSE(S):
Information in this system is maintained to provide for the
resolution of allegations of misconduct made against Department of
Justice employees and to advise complainants of the status of
investigations and the results.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
A relevant record 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, either on its face or in
connection with other information, 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 record 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; (2) in the course of investigating the
potential or actual
[[Page 68300]]
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
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) 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 information on behalf of and at the request of the
individual who is the subject of the record; (8) a record may be
disclosed to the National Archives and Records Administration (NARA)
and the General Services Administration in records management
inspections conducted under 44 U.S.C. 2904 and 2906; (9) information
may be furnished to complainants to the extent necessary to provide
such persons with information and explanations concerning the progress
and/or results of the investigation or case arising from the matters of
which they complained; and (10) information may be furnished to
professional organizations or associations with which individuals
covered by this system of records may be affiliated, such as state bar
disciplinary authorities, to meet their responsibilities in connection
with the administration and maintenance of standards of conduct and
discipline.
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 most instances by the name of the
employee who is the subject of the complaint and in some instances by
the name of the complainant.
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 the system are retained and disposed of in accordance
with NARA Job #NCI-60-77-6.
System manager(s) and address:
Counsel on Professional Responsibility, Department of Justice, 950
Pennsylvania Avenue NW, Washington, D.C. 20530.
Notification procedure:
Address any inquiries to the System Manager listed above.
Record access procedure:
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 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
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 information which may be of
assistance 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
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 (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).
In addition, the Attorney General has exempted this system from
subsections (c)(3), (d), (e)(1), (e)(4)(G) and (H), and (f) pursuant to
5 U.S.C. 552a (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.
JUSTICE/OPR-002
SYSTEM NAME:
Freedom of Information/Privacy Acts (FOI/PA) Records.
SYSTEM LOCATION:
Office of Professional Responsibility (OPR), U.S. Department of
Justice (DOJ), 950 Pennsylvania 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 OPR systems of records
pursuant to the Privacy Act.
Categories of records in the system:
The system of records contains copies of (1) FIO/PA requests
received by OPR; (2) copies of OPR 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:
44 U.S.C. 3103 et seq., 28 CFR 0.39 et seq., and Attorney General
Order No. 833-79.
Purpose:
This system has been established to enable OPR to receive, process
and
[[Page 68301]]
respond to FOI/PA requests for its records. Employees of OPR may access
the system to preform various receipt and response functions with
regard to FIO/PA requests; to determine the status and content of
responses to correspondence; to respond to inquiries for OPR 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 record may be disclosed (1) 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) 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) 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; (4) as necessary to respond
to inquiries by congressional offices on behalf of individual
constituents who are subjects of OPR records; and (5) to the National
Archives and Records Administration (NARA) 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 is stored manually in file jackets and electronically
in office automation equipment.
Retrievability:
Entries are arranged 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:
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 the system are retained and disposed of in accordance
with the NARA General Records Schedule 14, items 11 and 21.
System manager(s) and address:
Counsel on Professional Responsibility, Department of Justice, 950
Pennsylvania Avenue NW, Washington, D.C. 20530.
Notification procedure:
Address any inquiries to the System Manager listed above.
Record access procedure:
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 or 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 procedures:
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 reasons 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 the 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) have been published in
the Federal Register.
[FR Doc. 98-32867 Filed 12-9-98; 8:45 am]
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