[Federal Register Volume 63, Number 237 (Thursday, December 10, 1998)]
[Notices]
[Pages 68299-68301]
From the Federal Register Online via the Government Printing 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]
BILLING CODE 4410-28-M