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Privacy Act: [ JUSTICE/CRT-004] Registry of Names of Interested Persons Desiring Notification of Submissions under Section 5 of the Voting Rights Act....


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[2001 Privacy Act]
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   #.DEPARTMENT OF JUSTICE


   #..Civil Division

   #..JUSTICE/CIV-001

   #....System name: 

       Civil Division Case File System.
     System location: 
       Civil Division, U.S. Department of Justice 10th Street NW, 
   Washington, DC 20530; Record Management Unit, 5320 Marinelli Road, 
   Rockville, MD 20652; and Federal Records Center, Suitland, MD 20409.
     Categories of individuals covered by the system: 
       Individuals referenced in potential or actual cases and matters 
   under the jurisdiction of the Civil Division; and attorneys, 
   paralegal, and other employees of the Civil Division directly 
   involved in these cases or matters.
     Categories of records in the system: 
       (1) Records in this system pertain to a broad variety of 
   litigation under the jurisdiction of the Civil Division relating to 
   torts, civil fraud and other commercial matters, federal programs and 
   national security, immigration, and consumer issues. The case files 
   contain court records, inter-agency and intra-agency correspondence, 
   and legal research. These records may include civil investigatory 
   and/or criminal law enforcement information and information 
   classified pursuant to Executive Order to protect national security 
   interests. (2) Summary information (i.e., names of principal parties 
   or subjects, case file numbers, assignments, status, and 
   classification) of these cases or matters is maintained prior to FY 
   78 on index cards and from FY 78 in an automated case tracking 
   system. (3) A timekeeping function for attorneys, paralegal, and 
   other employees of the Civil Division directly involved in litigation 
   supplements the automated case tracking system from May of 1981.
     Authority for maintenance of the system: 
       General authority to maintain the system is contained in 5 U.S.C. 
   301 and 44 U.S.C. 3101. The particular system was established in 
   accordance with 28 CFR 0.77(f) and 28 U.S.C. 552 and was delegated to 
   the Civil Division pursuant to the memorandum from the Deputy 
   Attorney General, dated July 17, 1974.
   Purpose(s): 
       Case records are maintained for the purpose of litigating or 
   resolving any case or matter under consideration by the Civil 
   Division. The automated case tracking and timekeeping system exists 
   for the purpose of managing and evaluating the Division's litigative 
   activities.
     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 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; (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; (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.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system:  
     Storage: 
       Manual records are stored in file cabinets and on index cards. 
   Automated records are stored on magnetic disks. Classified 
   information is stored in locked safes.
     Retrievability: 
       Manual records are retrieved by file number. This number can be 
   obtained from index cards arranged alphabetically by subject name for 
   records received prior to FY 78 and from logical queries to the 
   computer-based data for FY 78 and subsequent years.
     Safeguards: 
       Classified information is maintained in locked safes. Access to 
   all information is limited to Department of Justice personnel who 
   have need for the records to perform their duties. Automated records 
   are safeguarded and protected in accordance with Department rules and 
   procedures governing the handling of computerized information.
     Retention and disposal: 
       When a case file is closed by the responsible attorney, it is 
   sent to the Federal Records Center for retention in accordance with 
   the authorized Record Disposal Schedule for the classification of the 
   case. Such schedules are approved by the National Archives.
       After the designated period has passed, the file is destroyed. 
   However, the index and docket cards are not purged. Automated records 
   constitute a cumulative resource file for which there are no plans to 
   delete records.
     System manager(s) and address: 
       Assistant Attorney General; Civil Division: U.S. Department of 
   Justice; 10th and Constitution Avenue, NW, Washington, DC 20530.
     Notification procedure: 
       Address inquiries to: Assistant Attorney General; Civil Division; 
   U.S. Department of Justice; 10th and Constitution Avenue, NW, 
   Washington, DC 20530.
     Record access procedures: 
       Portions of this system are exempt from disclosure and contest by 
   5 U.S.C. 552a(j)(2), (k)(1) and (k)(2). Submit in writing all 
   requests for access to those portions not so exempted to the system 
   manager identified above. Clearly mark the envelope and letter ``FOI/
   PA Request'' and provide a return address. The subject of the record 
   should also provide his/her full name and notarized signature, data 
   and place of birth, case caption, or other information which may 
   assist in locating the records sought.
     Contesting record procedures: 
       Individuals desiring to contest or amend information maintained 
   in the system should direct their request to the Assistant Attorney 
   General, Department of Justice, 10th and Constitution Avenue, NW, 
   Washington, DC 20530. The request should clearly state what 
   information is being contested, the reasons for contesting it, and 
   the proposed amendment to the information sought.
     Record source categories: 
       Information may be obtained from all individuals referred to in 
   all cases or matters under consideration of the Civil Division. 
   Timekeeping information is obtained from all Civil Division 
   attorneys, paralegals, and other employees directly involved in such 
   litigation or matters.
     System exempted from certain provisions of the act: 
       The Attorney General has exempted certain categories of records 
   in this system form subsections (c)(3) and (4), (d), (e)(1), (e)(2), 
   (e)(3), (e)(4)(G) and (H), (e)(5), (e)(8), and (g) of the Privacy Act 
   pursuant to 5 U.S.C. 552a(j)(2), (k)(1) and (k)(2). That is, these 
   exemptions apply only to the extent that the file contains 
   information which has been properly classified pursuant to an 
   Executive Order, or to the extent that it contains investigatory and 
   other law enforcement materials. Rules have been promulgated in 
   accordance with the requirements of 5 U.S.C. 552(b), (c) and (e) and 
   have been published in the Federal Register.

   #..JUSTICE/CIV-002

   #....System name:  Civil Division Case File System: Customs 
      Litigation.

     System location:  26 Federal Plaza, New York, New York 10007, and 
   U.S. Department of Justice Data Services Center, 10th and 
   Constitution Avenue, NW, Washington, DC 20530.
     Categories of individuals covered by the system:  Any and all 
   parties and counsel involved in the cases handled by the Field 
   Office, Customs Litigation, Commercial Litigation Branch of the Civil 
   Division will have identifying data contained in this system.
     Categories of records in the system:  1. The main record of the 
   system is the case file which is retained on each case under the 
   jurisdiction of the Field Office, Customs Litigation, Commercial 
   Litigation Branch of the Civil Division and constitutes the official 
   record of the Department of Justice thereon. All record material 
   relating to a case is retained in the file. Each file is assigned the 
   Customs Court number given to the summons filed in that court or, in 
   cases filed prior to October 1, 1970, to reappraisement appeals or to 
   protests filed with the Customs Court.
       The number assigned to the file will change to the number 
   assigned by the Court of Customs and Patent Appeals, if that case 
   becomes the subject of an appeal before that court. In addition, the 
   Custom Section retains a log of communications received and 
   communications sent. The correspondence is identified thereon by 
   court (case) number, identification of the kind of communication, and 
   the person receiving it.
       2. The case file and communication logs are physically retained 
   at the offices of the Field Office, Customs Litigation, Commercial 
   Litigation Branch 26 Federal Plaza, New York, New York 10007. From 
   these records, the Field Office, Customs Litigation, Commercial 
   Litigation Branch inputs certain information for conversion into a 
   data processing system which is maintained at the Department of 
   Justice Data Services Center, 10th and Constitution Avenue, NW, 
   Washington, DC 20530. Included in the information contained in the 
   data processing system is the identity of the parties and their 
   counsel, as well as the merchandise involved, the port of entry and 
   the competing statutory provisions.
       3. Alphabetical and numerical indices are maintained as a means 
   of access to the proper file number by the cross-referencing of the 
   names of non-government parties to suit with the appropriate file 
   (court) numbers. These indices are made of index cards and maintained 
   in the Chief Clerk's office in the Field Office, Customs Litigation, 
   Commercial Litigation Branch.
     Authority for maintenance of the system:  The Field Office, Customs 
   Litigation, Commercial Litigation Branch case files are maintained 
   under the authority of 28 U.S.C. 2601(b) and 2632(e) and established 
   in accordance with 28 CFR 0.45(c) which gives the Civil Division 
   responsibility for `all litigation incident to the reappraisement and 
   classification of imported goods, including the defense of all suits 
   in the Court of Customs and Patent Appeals', and with 28 CFR 0.48 
   which designates the Attorney-in-Charge, Field Office, Customs 
   Litigation `to accept service of notices of appeals to the Court of 
   Customs and Patent Appeals and all pleadings and other papers filed 
   in the Customs Court, when the United States is an adverse Party in 
   any customs litigation'.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses:  Any record 
   pertaining to any case or matter in the Civil Division may be 
   disseminated to any other component of the Department of Justice, 
   including the Federal Bureau of Investigation and the United States 
   Attorney offices, for use in connection with the consideration of 
   that case or matter or any other case or matter under consideration 
   by the Civil Division or any other component of the Department of 
   Justice.
       Certain information contained in the record may also be 
   disseminated to the U.S. Customs Service, the Department of the 
   Treasury, the International Trade Commission, the Department of 
   State, or any other agency of the Government whose decision is being 
   challenged in a case assigned to the Field Office, Customs 
   Litigation, Commercial Litigation Branch for disposition. 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 

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