[Federal Register Volume 66, Number 107 (Monday, June 4, 2001)]
[Notices]
[Pages 29994-29997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13861]
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DEPARTMENT OF JUSTICE
[AAG/A Order No. 231-2001]
Privacy Act of 1974; System of Records
Pursuant to the provisions of the Privacy Act of 1974, 5 U.S.C.
552a, notice is given that the Department of Justice proposes to
establish a new Departmentwide system of records entitled, ``Freedom of
Information Act, Privacy Act, and Mandatory Declassification Review
Requests and Administrative Appeals, and those systems remain in
existence. This notice of a new system of records merely consolidates
the Privacy Act notices already published by components for those
existing systems, and it also provides notice for components that have
not yet published a notice for such records. Accordingly, this
Departmentwide system notice replaces, and the Department hereby
removes, the following notices previously published by individual
Department of Justice components:
Antitrust Division, ``Freedom of Information/Privacy Requester/Subject
Index File,'' JUSTICE/ATR-008 (60 FR 52,693, Oct. 10, 1995)
Bureau of Prisons, ``Freedom of Information Act Record System,''
JUSTICE/BOP-002 (42 FR 53,291, Sept. 30, 1977)
[[Page 29995]]
Civil Division, ``Freedom of Information/Privacy Acts File,'' JUSTICE/
CIV-005 (53 FR 40,505, Oct. 17, 1988)
Civil Rights Division, ``Freedom of Information: Privacy Acts
Records,'' JUSTICE/CRT-010 (53 FR 40,515, Oct. 17, 1988)
Criminal Division, ``Freedom of Information/Privacy Act Records,''
JUSTICE/CRM-024 (52 FR 47,201, Dec. 11, 1987)
Drug Enforcement Administration, ``Freedom of Information/Privacy Act
Records,'' JUSTICE/DEA-006 (52 FR 47,209, Dec. 11, 1987)
Executive Office for United States Attorneys, ``Freedom of Information
Act/Privacy Act Files,'' JUSTICE/USA-008 (54 FR 42,091, Oct. 13, 1989)
Immigration and Naturalization Service, ``Freedom of Information Act/
Privacy Act (FOIA/PA) Case Tracking and Reporting System,'' JUSTICE/
INS-010 (60 FR 52,698, Oct. 10, 1995)
Justice Management Division, ``Freedom of Information-Privacy Act
(FOIA-PA) Records System,'' JUSTICE/JMD-019 (52 FR 47,272, Dec. 11,
1987); ``Freedom of Information Act/Privacy Act (FOIA/PA) Request
Letters,'' JUSTICE/JMD-020 (52 FR 47,274, Dec. 11, 1987)
Land and Natural Resources Division, ``Freedom of Information Act and
Privacy Act Records System,'' JUSTICE/LDN-005 (48 FR 5363, Feb. 4,
1983)
Office of the Inspector General, ``Office of the Inspector General,
Freedom of Information/Privacy Acts (FOI/PA) Records,'' JUSTICE/OIG-003
(56 FR 50,947, Oct. 9, 1991)
Office of Legal Counsel, ``Office of Legal Counsel Freedom of
Information Act and Privacy Act Files,'' JUSTICE/OLC-003 (59 FR 9497,
Feb. 28, 1994)
Office of Legal Policy, ``Freedom of Information and Privacy Appeals
Index,'' JUSTICE/OPA-001 (50 FR 42,615, Oct. 21, 1985);
``Declassification Review System,'' JUSTICE/OLP-004 (51 FR 4825, Feb.
7, 1986)
Office of the Pardon Attorney, ``Freedom of Information/Privacy Acts
(FOI/PA) Request File,'' JUSTICE/OPA-003 (58 FR 6982, Feb. 3, 1993)
Office of Professional Responsibility, ``Freedom of Informationt/
Privacy Act (FOI/PA) Records,'' JUSTICE/OPR-002 (63 FR 68,300, Dec. 10,
1998)
Office of Special Counsel for Immigration Related Unfair Employment
Practices, ``Freedom of Information; Privacy Acts Records,'' JUSTICE/
OSC-004 (53 FR 35,927, Sept. 15, 1988)
Tax Division, ``Freedom of Information--Privacy Act Request Files,''
JUSTICE/TAX-004 (48 FR 5377, Feb. 4, 1983)
United States Marshals Service, ``U.S. Marshals Service Freedom of
Information/Privacy Act (FOIA/PA) Files,'' JUSTICE/USM-012 (64 FR
60,844, Nov. 8, 1999)
United States Parole Commission, ``Freedom of Information Act Record
System,'' JUSTICE/PRC-002 (52 FR 47,282, Dec. 11, 1987)
In addition, this system includes certain records identified as,
``62. Administrative Inquiries,'' where such records concern requests
for mandatory declassification review, and those records identified as,
``190. Freedom of Information/Privacy Acts'' in the Federal Bureau of
Investigation's system entitled, ``The FBI Central Records System,''
JUSTICE/FBI-002 (63 FR 8671, 8676, Feb. 20, 1998).
In accordance with 5 U.S.C. 552a(e)(4) and (11), the public is
given a 30-day period in which to comment; and the Office of Management
and Budget (OMB), which has oversight responsibility under the Privacy
Act, requires a 40-day period in which to conclude its review of the
system. Therefore, please submit any comments by [30 days after
publication in the Federal Register]. The public, OMB, and the Congress
are invited to submit any comments to Mary E. Cahill, Management and
Planning Staff, Justice Management Division, United States Department
of Justice, Washington, DC, 20530-0001 (Room 1400, National Place
Building).
In accordance with 5 U.S.C. 552a(r), the Department has provided a
report to OMB and the Congress.
Dated: May 15, 2001.
Janis A. Sposato,
Acting Assistant Attorney General for Administration.
Department of Justice-004
SYSTEM NAME:
Freedom of Information Act, Privacy Act, and Mandatory
Declassification Review Requests and Administrative Appeals for the
Department of Justice.
SYSTEM LOCATION:
United States Department of Justice, 950 Pennsylvania Ave., NW.,
Washington, DC 20530-0001, and other Department of Justice offices
throughout the country.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The system encompasses all individuals who submit Freedom of
Information Act (FOIA), Privacy Act, and Mandatory Declassification
Review Requests and administrative appeals to the Department of
Justice; individuals whose requests and/or records have been referred
to the Department of Justice by other agencies; and in some instances
includes attorneys representing individuals submitting such requests
and appeals, individuals who are the subjects of such requests and
appeals, and/or the Department of Justice personnel assigned to handle
such requests and appeals.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system consists of records created or compiled in response to
FOIA, Privacy Act, and Mandatory Declassification Review requests and
administrative appeals and includes: The original requests and
administrative appeals; responses to such requests and administrative
appeals; all related memoranda, correspondence, notes, and other
related or supporting documentation; and, in some instances, copies of
requested records and records under administrative appeal.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The system was established and is maintained pursuant to 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, and the applicable executive order(s) governing
classified national security information.
PURPOSE(S):
This system is maintained for the purpose of processing access
requests and administrative appeals under the FOIA, access and
amendment requests and administrative appeals under the Privacy Act,
and requests and administrative appeals for mandatory declassification
review under the applicable executive order(s) governing classified
national security information; for the purpose of participating in
litigation regarding agency action on such requests and appeals; and
for the purpose of assisting the Department of Justice in carrying out
any other responsibilities under the FOIA, the Privacy Act, and
applicable executive orders.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information may be disclosed from this system as follows:
A. To a federal, state, local, or foreign agency or entity for the
purpose of
[[Page 29996]]
consulting with that agency or entity to enable the Department of
Justice to make a determination as to the propriety of access to or
correction of information, or for the purpose of verifying the identity
of an individual or the accuracy of information submitted by an
individual who has requested access to or amendment of information.
B. To a federal agency or entity that furnished the record or
information for the purpose of permitting that agency or entity to make
a decision as to access to or correction of the record or information,
or to a federal agency or entity for purposes of providing guidance or
advice regarding the handling of particular requests.
C. To a submitter or subject of a record or information in order to
obtain assistance to the Department in making a determination as to
access or amendment.
D. To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the federal government, when
necessary to accomplish an agency function related to this system of
records.
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. In the event that a record in this system, either alone or in
conjunction with other information, indicates a violation or potential
violation of law--criminal, civil, or regulatory in nature--the
relevant records may be referred to the appropriate federal, state,
local, foreign, or tribal law enforcement authority or other
appropriate agency charged with the responsibility for investigating or
prosecuting such violation or charged with enforcing or implementing
such law.
G. To officials and employees of a federal agency or entity which
requires information relevant to a decision concerning the hiring,
appointment, or retention of an employee; the issuance 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.
H. 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.
I. In a proceeding before a court or adjudicative body before which
the Department of Justice is authorized to appear when (a) the
Department of Justice, or any subdivision thereof, or (b) any employee
of the Department of Justice in his or her official capacity, or (c)
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 (d) 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.
J. 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 the General Services Administration and National Archives and
Records Administration in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
L. To a former employee of the Department of Justice for purposes
of: Responding to an official inquiry by a federal, state, or local
government entity or professional licensing authority, in accordance
with applicable Department regulations; or facilitating communications
with a former employee that may be necessary for personnel-related or
other official purposes where the Department requires information and/
or consultation assistance from the former employee regarding a matter
within that person's former area of responsibility.
M. To such recipients and under such circumstances and procedures
as are mandated by federal statute or treaty.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are stored on paper and/or in electronic
form. Records that contain national security information and are
classified are stored in accordance with applicable executive orders,
statutes, and agency implementing regulations.
RETRIEVABILITY:
Records are retrieved by the name of the requester or appellant;
the number assigned to the request or appeal; and in some instances may
be retrieved by the name of the attorney representing the requester or
appellant, the name of an individual who is the subject of such a
request or appeal, and/or the name or other identifier of Department of
Justice personnel assigned to handle such requests or appeals.
Immigration and Naturalization Service records are also retrieved by
alien number and social security number.
SAFEGUARDS:
Information in this system is safeguarded in accordance with
applicable laws, rules, and policies, including the Department's
automated systems security and access policies. Classified information
is appropriately stored in safes and in accordance with other
applicable requirements. In general, records and technical equipment
are maintained in buildings with restricted access. The required use of
password protection identification features and other system protection
methods also restrict access. Access is limited to those officers and
employees of the agency who have an official need for access in order
to perform their duties.
RETENTION AND DISPOSAL:
Records are retained and disposed of in accordance with the
National Archives and Records Administration's General Records Schedule
14.
SYSTEM MANAGER(S) AND ADDRESS:
Associate Director, Office of Information and Privacy, United
States Department of Justice, 950 Pennsylvania Avenue, NW., Washington,
DC 20530-0001.
NOTIFICATION PROCEDURES:
Records concerning initial requests under the FOIA, the Privacy
Act, and the applicable executive order(s) governing classified
national security information are maintained by the individual
Department of Justice component to which the initial request was
addressed or directed. Inquiries regarding these records should be
addressed to the particular Department of Justice component maintaining
the records, United States Department of Justice, 950 Pennsylvania
Avenue, NW., Washington, DC 20530-0001.
Records concerning administrative appeals under the FOIA, the
Privacy Act, and the applicable executive order(s) governing classified
national security information, with the exception of those made to the
United States Parole Commission, are maintained by the Office of
Information and Privacy. Inquiries regarding these records should be
addressed to the Office of Information and Privacy, United States
Department of Justice, 950 Pennsylvania Avenue, NW., Washington, DC
20530-0001. Inquiries regarding administrative appeals made to the
United States Parole Commission should be addressed
[[Page 29997]]
to the United States Parole Commission, United States Department of
Justice, 950 Pennsylvania Avenue, NW., Washington, DC 20530-0001.
RECORD ACCESS PROCEDURES:
Requests for access may be made by appearing in person or by
writing to the appropriate office indicated in the ``Notification
Procedures'' section, above. The envelope and letter should be clearly
marked ``Privacy Act Request.'' The request should include a general
description of the records sought and must include the requester's full
name, current address, and date and place of birth. The request must be
signed and either notarized or submitted under penalty of perjury. Some
information may be exempt from access as described in the section
entitled ``Systems Exempted from Certain Provisions of the Act.'' An
individual who is the subject of a record in this system may access
those records that are not exempt from disclosure. A determination of
whether a record may be accessed will be made after a request is
received.
Although no specific form is required, you may obtain forms for
this purpose from the FOIA/PA Mail Referral Unit, Justice Management
Division, United States Department of Justice, 950 Pennsylvania Avenue,
NW., Washington, DC 20530-0001, or on the Department of Justice Web
site at www.usdoj.gov/04foia/att_d.htm.
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest or amend information maintained in
the system should direct their requests to the appropriate office
indicated in the ``Notification Procedures'' section, above, stating
clearly and concisely what information is being contested, the reasons
for contesting it, and the proposed amendment to the information
sought. Some information may be exempt from contesting record
procedures as described in the section entitled ``Systems Exempted from
Certain Provisions of the Act.'' An individual who is the subject of a
record in this system may seek amendment of those records that are not
exempt. A determination of whether a record is exempt from amendment
will be made after a request is received.
RECORD SOURCE CATEGORIES:
Those individuals who submit initial requests and administrative
appeals pursuant to the FOIA, the Privacy Act, or the applicable
executive order(s) governing classified national security information;
the agency records searched in the process of responding to such
requests and appeals; Department of Justice personnel assigned to
handle such requests and appeals; other agencies or entities that have
referred to the Department of Justice requests concerning Department of
Justice records, or that have consulted with the Department of Justice
regarding the handling of particular requests; and submitters or
subjects of records or information that have provided assistance to the
Department of Justice in making access or amendment determinations.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
The Attorney General has exempted this system from subsections
(c)(3) and (4), (d)(1), (2), (3), and (4); (e)(1), (2), (3), (5), and
(8); and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j) and (k).
These exemptions apply only to the extent that information in the
system 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.
[FR Doc. 01-13861 Filed 6-1-01; 8:45 am]
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