Privacy Act: [ JUSTICE/CRM-008] Name Card File on Department of Justice Personnel Authorized to Have Access to Classified Files of the Department of Justice....

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[2001 Privacy Act]
[From the U.S. Government Printing Office via GPO Access]





   #.DEPARTMENT OF JUSTICE


                            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 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; 
   (15) 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; (16) 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; (17) 
   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; and (18) a record 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 the authority of 44 U.S.C. 2904 and 2906.
       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.
       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.
     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 

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