Home > 1997 Privacy Act Documents > Privacy Act: [JUSTICE/OPA-002] Miscellaneous Correspondence File....

Privacy Act: [JUSTICE/OPA-002] Miscellaneous Correspondence File....


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





   #.DEPARTMENT OF JUSTICE


                        Office of Pardon Attorney

   #..JUSTICE/OPA-001

   #....System name: Executive Clemency Files.

     System location: 
       Office of the Pardon Attorney (OPA), U.S. Department of Justice, 
   500 First Street, NW, Seventh Floor, Washington, DC 20530.
     Categories of individuals covered by the system: 
       Individuals who have applied for or been granted Executive 
   clemency.
     Categories of records in the system: 
       The system contains the individual petitions for executive 
   clemency and accompanying oath and character affidavits, 
   investigatory material, evaluative reports, official and other 
   correspondence, both solicited and unsolicited and inter-agency and 
   intra-agency correspondence and memoranda relating to individual 
   petitions for clemency. The system includes Presidential Clemency 
   Board files transferred to the OPA upon termination of the Board on 
   September 15, 1975.
     Authority for maintenance of the system: 
       The system is established and maintained in accordance with the 
   United States Constitution, Article II, section 2; Executive Order of 
   the President dated June 16, 1893; Order of the Attorney General No. 
   1011-83, 48 FR 22290 (1983), as codified in 28 CFR 1.1 et seq.; Order 
   of the Attorney General No. 1012-83, 48 FR 22290 (1983), as codified 
   in 28 CFR 0.35 and 0.36; E.O. 11878 dated September 10, 1975; and 44 
   U.S.C. 3101.
   Purpose(s): 
       Exectutive clemency files are maintained by the Attorney General 
   or his designee to investigate each petition for Executive clemency, 
   to review each petition and the information developed by the 
   investigation and to determine whether, in his judgment, the request 
   for clemency is of sufficient merit to warranty a recommendation for 
   favorable action by the President. The information also is used by 
   Federal parole authorities and other Department of Justice employees 
   to assist them in the performance of their official duties.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: 
       Records in the system may be used as follows: (a) To provide 
   information to the President and member of his staff to facilitate 
   the consideration of the Attorney General's recommendation regarding 
   each petition for Executive clemency; (b) to prepare notices to the 
   public of the name of each grantee of clemency, date of Presidential 
   action, nature of clemency granted, nature of grantee's offense, date 
   and place of sentencing, description of sentence imposed, and names 
   of character affiants and interested parties; to disclose similar 
   information to that specified above with respect to clemency denials 
   of general public interest if the disclosure does not constitute an 
   unwarranted invasion of privacy; (c) to prepare bound and indexed 
   volumes containing photocopies of the official warrant of clemency 
   granted each recipient of clemency as a public and official record of 
   Presidential action; (d) upon specific request, to advise the 
   requester whether a named person has applied for, been granted or 
   denied clemency, the date thereof, and the nature of the clemency 
   granted or denied; (e) upon specific request, to make closed files 
   available for historical research purposes when in the public 
   interest and in conformity with Department of Justice policy; (f) to 
   provide information which indicates a violation or apparent violation 
   of law, whether civil, criminal or regulatory in nature, to the 
   appropriate agency, whether Federal, State, local or foreign; or to 
   provide information either in connection with the solicitation of 
   information necessary and relevant to Executive clemency review or to 
   assist these agencies, where appropriate, in performing their law 
   enforcement responsibilities in situations other than those involving 
   a violation or apparent violation of law, e.g., state parole or 
   clemency review; (g) to provide information to present and former law 
   enforcement and judicial authorities to permit the formulation of 
   comments and recommendations regarding individual clemency matters 
   arising from cases with which they may be familiar; (h) to provide 
   information to assist sentencing authorities in executing appropriate 
   actions subsequent to Presidential clemency decisions; (i) to release 
   information in a proceeding before a court or adjudicative body 
   before which the OPA is authorized to appear when (1) one of the 
   following is a party to or has an interest in the litigation: i. the 
   OPA; ii. any employee of the OPA in his or her official capacity; 
   iii. any employee of the OPA in his or her individual capacity where 
   the Department of Justice has agreed to represent the employee; or, 
   iv. the United States where the OPA determines that it is likely to 
   be affected by the litigation; and (2) the records, or information 
   derived therefrom, are determined by the OPA to be arguably relevant 
   to the litigation; (j) to disseminate information 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; 
   (k) to make information 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 (1) to make records available to the 
   National Archives and Record Administration and to 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.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system: 
     Storage: 
       Information in the system is maintained in its original form 
   (i.e., paper letters, notes and memoranda) and stored in locked file 
   cabinets in the OPA and in the Federal Records Center in Suitland, 
   Maryland.
     Retrievability: 
       Information is retrieved by using a name index to obtain the case 
   file number assigned to each applicant for Executive clemency.
     Safeguards: 
       Information contained in the system is protected in accordance 
   with Department of Justice security regulations for Privacy Act 
   systems of records. Files are maintained in the OPA or in the Federal 
   Records Center, are not commingled with other Department of Justice 
   records, and are made available only in accordance with the 
   aforementioned routine uses. When not in the custody of an 
   appropriate official, records are stored in a central file room in a 
   secure government building.
     Retention and disposal: 
       Records are stored in the OPA and closed cases generally are 
   transferred to the Federal Records Center in Suitland, Maryland when 
   two years old. Except for clemency reports which are furnished to the 
   President in connection with clemency application, Presidential 
   responses, warrants or other documents signifying the President's 
   action in a clemency case, and cases which may be designated by the 
   Pardon Attorney as having significant public interest, records are 
   destroyed after 15 years.
     System manager(s) and address: 
       Pardon Attorney, Office of the Pardon Attorney, Department of 
   Justice, 500 First Street, NW, Seventh Floor, Washington, DC 20530.
     Notification procedure: 
       Address inquiries to the Pardon Attorney, Department of Justice, 
   500 First Street, NW, Seventh Floor, Washington, DC 20530.
     Record access procedures: 
       While the Attorney General has exempted Executive Clemency files 
   from the access provisions of the Privacy Act, requests for 
   discretionary releases of records shall be made in writing to the 
   system manager listed above with the envelope and letter clearly 
   marked ``Privacy Access Request.'' Include in the request the general 
   subject matter of the document. Provided full name, current address, 
   date and place of birth, signature (which must be notarized) and a 
   return address for transmitting the information.
     Contesting record procedures: 
       While the Attorney General has exempted Executive Clemency files 
   from the correction (contest and amendment) provisions of the Privacy 
   Act, requests for the discretionary correction (contest and 
   amendment) of records should be directed 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: 
       Sources of information are the OPA staff, individual applicants 
   for clemency and their representatives, Federal Bureau of 
   Investigation or other official investigatory reports. Bureau of 
   Prisons records, Armed Forces reports, probation of parole reports, 
   and reports from individuals or non-Federal organizations, both 
   solicited and unsolicited.
     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). 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/OPA-002

   #....System name: Miscellaneous Correspondence File.

     System location: 
       Office of the Pardon Attorney (OPA), U.S. Department of Justice, 
   500 First Street, NW, Seventh Floor, Washington DC 20530.
     Categories of individuals covered by the system: 
       Individuals who are the named subjects of OPA incoming and 
   outgoing correspondence, but who have not formally applied for or 
   received Executive clemency. Also, individuals who have corresponded 
   with the OPA, either directly or by referral, but whose 
   correspondence either may or may not pertain to a particular named 
   individual, including the correspondent, or whose correspondence does 
   not contain a request for information under the Freedom of 
   Information/Privacy Acts.
     Categories of records in the system: 
       The system contains miscellaneous correspondence originated by 
   OPA and received by OPA, either directly or by referral, excluding 
   correspondence pertaining to (1) individuals who have formally 
   applied for or received Executive clemency and (2) individuals who 
   have made formal requests for records under the Freedom of 
   information/Privacy Acts.
     Authority for maintenance of the system: 
       The system is established and maintained in accordance with the 
   United States Constitution, Article II, Section 2; Executive Order of 
   the President dated June 16, 1893; Order of the Attorney General No. 
   1011-83, 48 FR 22290 (1983), as codified in 28 CFR 1.1 et seq.; Order 
   of the Attorney General No. 1012-83, 48 FR 22290 (1983), as codified 
   in 28 CFR 0.35 and 0.36; E.O. 11878 dated September 10, 1975; and 44 
   U.S.C. 3101.
   Purpose(s): 
       Records in the system are used by employees in the performance of 
   their duties for reference and informational purposes to facilitate 
   efficient, accurate and consistent responses to oral and written 
   inquiries, particularly successive inquiries, and to provide access 
   for a reasonable period of time to any relevant and necessary 
   information which may assist in formulating policy and/or in 
   considering potential and/or in considering potential candidates for 
   Executive clemency.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: 
       Records in the system may be used as follows: (a) To provide 
   information to the President and members of his staff which may be of 
   political, policy or official interest and/or which may assist them 
   in formulating policy decisions regarding the exercise of Executive 
   clemency; (b) to release information in a proceeding before a court 
   or adjudicative body before which the OPA is authorized to appear 
   when (1) one of the following is a party to or has an interest in the 
   litigation: i. The OPA; ii. any employee of the OPA in his or her 
   official capacity; iii. any employee of the OPA in his or her 
   individual capacity where the Department of Justice has agreed to 
   represent the employee; or, iv. the United States where the OPA 
   determines that it is likely to be affected by the litigation; and 
   (2) the records, or information derived therefrom, are determined by 
   the OPA to be arguably relevant to the litigation; (c) to disseminate 
   information 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; (d) to make information 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; (e) to 
   make records available 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.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system: 
     Storage: 
       Information in the system is maintained in its original form 
   (i.e., paper letters, notes and memoranda) and stored in locked file 
   cabinets in the OPA.
     Retrievability: 
       Information is retrieved by the name of the individuals covered 
   by the system.
     Safeguards: 
       Information in the system is protected in accordance with 
   Department of Justice security regulations for Privacy Act systems of 
   records. Records are maintained in the OPA and are not commingled 
   with other Department of Justice records. When not in the custody of 
   an appropriate official, records are stored in a central file room in 
   a secure government building.
     Retention and disposal: 
       Records are destroyed at the end of the calendar year following 
   the calendar year in which they were received (incoming 
   correspondence). If an individual covered by the system formally 
   applies for or receives Executive clemency, all records pertaining to 
   that individual will be transferred immediately to the Executive 
   Clemency Files (JUSTICE/OPA-001).
     System manager(s) and address: 
       Pardon Attorney, Office of the Pardon Attorney, Department of 
   Justice, 500 First Street, NW, Seventh Floor, Washington, DC 20530.
     Notification procedure: 
       Address inquiries to the Pardon Attorney, Department of Justice, 
   500 First Street, NW, Seventh Floor, Washington, DC 20530.
     Record access procedures: 
       Requests for records in the system shall be made in writing with 
   the envelope and letter clearly marked ``Privacy Access Request'' and 
   shall be addressed to the system manager listed above. Include in the 
   request the general subject matter and date of correspondence. 
   Provide full name, current address, date and place of birth, 
   signature (which must be notarized) and a return address for 
   transmitting the information.
     Contesting record procedures: 
       Requests to contest or amend records shall be addressed in 
   writing to the system manager and shall state 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 are the individuals covered and the OPA 
   staff.

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