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Privacy Act: [JUSTICE/BIA-001] Decisions of the Board of Immigration Appeals....


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  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 protential 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 maintainance of 
  a suit brought under such title.
  Release of information to the news media: Information permitted to be 
  released to the news media and the public pursuant to 28 CFR 50.2 may 
  be made available from systems of records maintained by the Department 
  of Justice 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.
  Release of information to Members of Congress. Information contained 
  in systems of records maintained by the Department of Justice, 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.
  Release of information to the National Archives and Records 
  Administration (NARA), and to the General Services Administration 
  (GSA): A record from a system of records may be disclosed as a routine 
  use to NARA and GSA in records management inspections 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: 
  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.

<DOC>
 

DEPARTMENT OF JUSTICE

 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 individual concerned with the maintenance, 
  transportation, or release of such a person; 9. a record 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; 10. a record may be disseminated to a federal, 
  state, local, or foreign 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; 11. 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; 12. a record may be disseminated to a non-governmental entity 
  or individual in the acquisition of employment or other services in 
  behalf of the witnesses.
  Release of information to the news media: Information permitted to be 
  released to the news media and the public pursuant to 28 CFR 50.2 may 
  be made available from systems of records maintained by the Department 
  of Justice 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.
  Release of information to Members of Congress. Information contained 
  in systems of records maintained by the Department of Justice, 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.
Routine uses of records maintained in the system, including categories 
    of users and the purposes of such uses: 
  Release of information to the National Archives and Records 
  Administration (NARA), and to the General Services Administration 
  (GSA): A record from a system of records may be disclosed as a routine 
  use to NARA and GSA in records management inspections 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: 
  A record contained in this system is kept on index cards and in files 
  stored in safe type filing cabinets.
Retrievability: 
  A record is retrieved by name of the individual.
Safeguards: 

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