Home > 1997 Privacy Act Documents > Privacy Act: [JUSTICE/TAX - 003] Files of Applications for the Position of Attorney with the Tax Division....

Privacy Act: [JUSTICE/TAX - 003] Files of Applications for the Position of Attorney with the Tax Division....


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





   #.DEPARTMENT OF JUSTICE


                               Tax Division

   #..JUSTICE/TAX-001

   #....System name: 

       Tax Division Central Classification Cards, Index Docket Cards, 
   and Associated Records--Criminal Tax Cases.
     System location: 
       U.S. Department of Justice, Tax Division, 10th and Constitution 
   Avenue, NW, Washington, DC 20530.
     Categories of individuals covered by the system: 
       Persons referred to in potential or actual criminal tax cases and 
   related matters of concern to the Tax Division under the Internal 
   Revenue laws.
     Categories of records in the system: 
       The system consists of an alphabetical index by individual name 
   of all criminal tax cases, and related matters assigned, referred, or 
   of interest to the Tax Division. Records in many instances are 
   duplicated in the criminal section of the Division which has specific 
   jurisdiction over criminal tax cases.
     Authority for maintenance of the system: 
       This system is established and maintained pursuant to 28 CFR 0.70 
   and 0.71.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: 
       A. Classification cards are maintained on each Tax Division 
   criminal case to identify and assign mail to the proper office within 
   the Division; to relate incoming material to an existing case; to 
   establish a file number for a new case upon receipt; and to provide a 
   central index of cases within the Division.
       B. Docket cards are records pertaining to the flow of legal work 
   in the Division. They are maintained on each criminal case which is 
   being or was handled by the Division's sections.
       C. Case files maintained allow Division attorneys immediate 
   access to information which is essential in carrying out their 
   responsibilities concerning all criminal tax cases.
       D. A record maintained in this system of records may be 
   disseminated as a routine use 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 of 
   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 
   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 may be disseminated to the appropriate 
   Federal, state, local, or foreign court or grand jury in accordance 
   with applicable 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 purpose 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 to the Tax Division 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; (7) 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; 
   (8) 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. (9) 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 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; 
   and (10) a record may be disclosed as a routine use to the National 
   Archives and Records Administration (NARA) 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.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: 
       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: 
       Information contained in this system is stored manually on index 
   cards and in folders.
     Retrievability: 
       Information is retrieved manually by the name of the individual 
   from the index card which in turn indicates the case number, and the 
   section unit or attorney assigned to work on the material.
     Safeguards: 
       Information contained in this system is safeguarded and protected 
   in accordance with applicable Departmental rules and procedures 
   governing access, production and disclosure of any materials 
   contained in its official files.
     Retention and disposal: 
       Currently there are no provisions for the disposal of the cards 
   in this system, however, the records of the closed classes are 
   forwarded to the Federal Record Center, where they are destroyed 
   after 25 years.
     System manager(s) and address: 
       Assistant Attorney General; Tax Division; U.S. Department of 
   Justice; 10th Street and Constitution Avenue, NW, Washington, DC 
   20530.
     Notification procedure: 
       An inquiry concerning this system should be directed to the 
   System Manager listed above.
     Record access procedures: 
       To the extent that this system of records is not subject to 
   exemption, it is subject to access and contest. A determination as to 
   the applicability of an exemption as to a specific record 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 which may 
   be of assistance in locating the record, the name of the case or 
   matter involved, if known, the name of the judicial district 
   involved, if known, and any other information which may be of 
   assistance in locating the record. 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: 
       Internal Revenue Service, Department offices 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 proposed exemption of this system from 
   subsection (c)(3), (c)(4), (d)(1), (d)(2), (d)(3), (d)(4), (e)(1), 
   (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f) 
   and (g) of the Privacy Act pursuant to 5 U.S.C. 552a (j). 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/TAX-002

   #....System name: 

       Tax Division Central Classification Cards, Index Docket Cards, 
   and Associated Records--Civil Tax Cases.
     System location: 
       U.S. Department of Justice; Tax Division; 10th and Constitution 
   Avenue, NW, Washington, DC 20530.
     Categories of individuals covered by the system: 
       Persons referred to in potential or actual civil tax cases and 
   related matters of concern to the Tax Division under the Internal 
   Revenue laws.
     Categories of records in the system: 
       The system consists of an alphabetical index by individual name 
   of all civil tax cases, and related matters assigned, referred, or of 
   interest to the Tax Division. Records in many instances are 
   duplicated in the various Civil Tax Sections of the Division which 
   have specific jurisdiction over civil tax cases.
     Authority for maintenance of the system: 
       This system is established and maintained pursuant to 28 CFR 0.70 
   and 0.71.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: 
       A. Classification cards are maintained on each Tax Division civil 
   case in order to identify and assign mail to the proper office within 
   the Division; to relate incoming material to an existing case; to 
   establish a file number for a new case upon receipt; and to provide a 
   central index of civil tax cases within the Division.
       B. Docket cards are records pertaining to the flow of legal work 
   in the Division. They are maintained on each civil tax case which is 
   being or was handled by the Division's Sections.
       C. Case files maintained allow Division attorneys immediate 
   access to information which is essential in carrying out their 
   responsibilities concerning all civil tax cases.
       D. A record maintained in this system of records may be 
   disseminated as a routine use 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 of 
   investigating or prosecuting such violations 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 relating to a case or matter may be 
   disseminated to the appropriate Federal, state, local, or foreign 
   court or grand jury in accordance with applicable 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 purpose 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 to the Tax Division may be 
   disseminated to the referring agency to notify such agency of the 
   status of the case or matter of any decision or determination that 
   has been made; (7) 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; (8) 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; (9) 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, 
   sate, 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 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; 
   and (10) a record may be disclosed as a routine use to the National 
   Archives and Records Administration (NARA) 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.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: 
       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; 

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