[Federal Register Volume 66, Number 134 (Thursday, July 12, 2001)]
[Notices]
[Pages 36593-36594]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 01-17475]
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DEPARTMENT OF JUSTICE
[AAG/A Order No. 238-2001]
Privacy Act of 1974; System of Records
Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), the Department
of Justice (DOJ), Civil Division, proposes to modify the following
system of records previously published in full text in the Federal
Register on February 20, 1998 (63 FR 8665): Civil Division Case File
System, Justice/CIV-001.
The Civil Division is adding two new routine uses to this system of
records. Specifically, the Civil Division will add a new routine use to
permit disclosure of information relating to qualified claimants in its
Radiation Exposure Compensation Act Program files to the Department of
Labor to adjudicate claims for supplemental compensation and benefits
to these claimants under the Energy Employees Occupational Injury
Compensation Program Act, Pub. L. 106-398, 114 Stat. 1654, Title XXXVI
(2000), 42 U.S.C. 7384 et seq. In addition, the Civil Division is
adding a routine use for disclosure to contractors when necessary to
accomplish an agency function related to this system of records.
For public convenience, all existing routine uses are published
along with the two new proposed routine uses.
Title 5 U.S.C. 552a(e)(4)(11) provides that the public be given a
30-day period in which to comment on proposed new routine use
disclosures. The Office of Management and Budget (OMB), which has
oversight responsibilities under the Act, requires a 40-day period in
which to conclude its review of any proposal to add new routine use
disclosures or make other major modifications.
You may submit any comments (by 30 days from the publication date
of this notice). The public, OMB, and the Congress are invited to send
written comments to Mary Cahill, Management Analyst, Management and
Planning Staff, Justice Management Division, Department of Justice,
Washington, DC 20530 (Room 1400 National Place Building). If no
comments are received, the proposal will be implemented without further
notice in the Federal Register.
In accordance with 5 U.S.C. 552a(r), the Department has provided a
report to OMB and the Congress on the proposed new routine uses.
Dated: July 3, 2001.
Janis A. Sposato,
Acting Assistant Attorney General for Administration.
JUSTICE/CIV-001
System Name:
Civil Division Case File System
* * * * *
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
[[Page 36594]]
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;
(11) in any health care-related civil or criminal case, investigation,
or matter, information indicating patient harm, neglect, or abuse, or
poor or inadequate quality of care, at a health care facility or by a
health care provider, may be disclosed as a routine use to any federal,
state, local, tribal, foreign, joint, international or private entity
that is responsible for regulating, licensing, registering, or
accrediting any health care provider or health care facility, or
enforcing any health care-related laws or regulations. Further,
information indicating an ongoing quality of care problem by a health
care provider or at a health care facility may be disclosed to the
appropriate health plan. Additionally, unless otherwise prohibited by
applicable law, information indicating patient harm, neglect, abuse, or
poor or inadequate quality of care may be disclosed to the affected
patient or his or her representative or guardian at the discretion of
and in the manner determined by the agency in possession of the
information; (12) pursuant to subsection (b)(3) of the Privacy Act, the
Department of Justice may disclose relevant and necessary information
to a former employee of the Department 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; (This routine use was added by
Federal Register notice of January 31, 2001 (66 FR 8425).) (13)
information relating to health care fraud may be disclosed to private
health plans, or associations of private health plans, and health
insurers, or associations of health insurers, for the following
purposes: To promote the coordination of efforts to prevent, detect,
investigate, and prosecute health care fraud; to assist efforts by
victims of health care fraud to obtain restitution; to enable private
health plans to participate in local, regional, and national health
care fraud task force activities; and to assist tribunals having
jurisdiction over claims against private health plans; (This routine
use was added by Federal Register notice of March 29, 2001 (66 FR
17200).) (14) for all claims made by individuals covered by the Energy
Employees Occupational Injury Compensation Program Act, Pub. L. 106-
398, 114 Stat. 1654, Title XXXVI (2000), 42 U.S.C. 7384 et seq., the
Civil Division may disclose to the Department of Labor all information
contained in its Radiation Exposure Compensation Act, (42 U.S.C. 2210
note) files pertinent to those claims; (15) to contractors, experts,
consultants employed by the Civil Division when necessary to accomplish
an agency function related to this system of records.
* * * * *
[FR Doc. 01-17475 Filed 7-11-01; 8:45 am]
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