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Privacy Act: [JUSTICE/USA-012] Security Clearance Forms for Grand Jury Reports....


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





   #.DEPARTMENT OF JUSTICE


                     United States Attorney's Office

   #.. JUSTICE/USA-001

   #....System name: Administrative File.

     System location: 
       Ninety-four United States Attorneys' Office (See appendix 
   identified as JUSTICE/USA-999); Executive Office for United States 
   Attorneys, U.S. Department of Justice, 10th & Constitution Avenue NW, 
   Washington, DC 20530.
     Categories of individuals covered by the system: 
       (a) Office Personnel (present and past); (b) Expert professionals 
   whose services are used by the office: (c) Applicants for office 
   positions; (d) Witnesses in Court proceedings; (e) Prisoners-In-
   Custody; (f) Defendants; (g) Debtors; (h) Vendors; (i) Citizens 
   making inquiries; (j) Members of local and State Bar Associations.
     Categories of records in the system: 
       (a) Personnel Files (official/unofficial); (b) Applicant Files; 
   (c) Employee Record cards (SF-7B); (d) Office Rosters; (e) Tickler 
   File System for Promotions; (f) Personnel Address and Telephone 
   Number Lists; (g) Sign In/Out Sheets; (h) Time and Attendance Records 
   (OMF-44); (i) Wage Earnings Statement (DOJ-296); (j) Travel 
   Authorizations and Vouchers (OBD-1 and SF-1012); (k) Advice of 
   Obligations incurred (DJ-60); (l) Telephone Records and Logs; (m) 
   Fiscal Vouchers; (n) Witness Records (LAA-3); (o) Lists of Records at 
   Federal Records Center; (p) In-House Statistical Reports; (q) 
   Internal Meetings Records; (r) Equal Employment Opportunity (EEO) 
   Records; (s) Employees: Organizations and Unions Records; (t) Federal 
   Woman's Program Records; (u) Address and Telephone Indexes; (v) Lists 
   of State and Local Bar Members; (w) Lists of Expert Professionals; 
   (x) Requests for Expert Witnesses; (y) Telephone Files; (z) 
   Correspondence Files; and (aa) Assistant United States Attorneys' 
   Skills Inventory.
     Authority for maintenance of the system: 
       These systems are established and maintained pursuant to 5 U.S.C. 
   301 and 44 U.S.C. 3101.
     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:
       (a) In any case in which there is an indication of a violation or 
   potential violation of law or legal obligation, criminal, civil, 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 or civil remedy;
       (b) In the course of investigating the potential or actual 
   violation of any law, criminal, civil, 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, or to 
   any 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;
       (c) 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;
       (d) 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;
       (e) 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;
       (f) 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;
       (g) 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:
       (h) 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;
       (i) 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;
       (j) 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;
       (k) 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;
       (l) 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 apprehending and/or returning a fugitive to a 
   jurisdiction which seeks his return;
       (m) 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 policymaking provisions to which they were appointed by the 
   President, in accordance with the provisions codified in 28 CFR 
   17.60; and
       (n) A record may be accessed by volunteer student workers and 
   students working under a college work-study program, as is necessary 
   to enable them to perform their function.
       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 Member 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:
       A record from a system of records 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.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system: 
     Storage: 
       All information except that specified in this paragraph, is 
   recorded on basic paper/cardboard material, and stored within manila 
   file folders, within metal file cabinets, electric file/card 
   retrievers or safes. Some material is recorded and stored on magnetic 
   tape, card or other data processing type storage matter for 
   reproduction later into conventional formats.
     Retrievability: 
       Information is retrieved primarily by name of person, case 
   number, complaint number or court docket number. Information within 
   this system of records may be accessed by various U.S. Attorney's 
   offices and the Executive Office for United States Attorneys by means 
   of catho-ray tube terminals (CRT's).
     Safeguards: 
       Information in the system is stored in file cabinets in the 
   United States Attorney's offices. Some materials are located in 
   locked file drawers and safes, and others in unlocked file drawers. 
   Offices are locked during non-working hours and are secured by either 
   Federal Protective Service, United States Postal Service, or private 
   building guards. Information that is retrievable by CRT's within 
   various U.S. Attorneys' offices and the Executive Office for United 
   States Attorneys requires user identification numbers which are 
   issued to authorized employees of the Department of Justice.
     Retention and disposal: 
       Records are maintained and disposed of in accordance with 
   Department of Justice retention plans.
     System manager(s) and address: 
       System Manager for the system in each office is the 
   Administrative Officer/Assistant, for the U.S. Attorney for each 
   district (See appendix identified as JUSTICE/USA-999).
     Notification procedure: 
       Address inquiries to the System Manager for the judicial district 
   in which the case or matter is pending (See appendix identified as 
   JUSTICE/USA-999).
     Record access procedures: 
       A request for access to a record from 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 and 
   the name of the case or matter involved, if known. The requester will 
   also provide a return address for transmitting the information. 
   Access requests will be directed to the System Manager (See appendix 
   identified as JUSTICE/USA-999).
     Contesting record procedures: 
       Individuals desiring to contest or amend information maintained 
   in the system should direct their request to the System manager (See 
   appendix identified as JUSTICE/USA-999) 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 contained in this system include, but are 
   limited to, investigative reports of federal, state and local law 
   enforcement agencies, client agencies of the Department of Justice; 
   other non-Department of Justice investigative agencies; forensic 
   reports; statements of witnesses and parties, data, memoranda and 
   reports from the Courts and agencies thereof; and the work product of 
   Assistant United States Attorneys, Department of Justice attorneys 
   and administrative staff of the divisions, offices and bureaus, work 
   product of secretarial and administrative staff within the U.S. 
   Attorneys office and the Executive Office for U.S. Attorneys, from 
   general public referral sources or as provided by members of the 
   public who participate, assist or observe in pending cases or 
   matters, or commercial establishments which provide goods or 
   services, publications and reports from the Department's other 
   offices, divisions and bureaus and internal U.S. Attorney work 
   product.
     Systems exempted from certain provisions of the act: 
       None.

   #.. JUSTICE/USA-002

   #....System name: A U.S.A. Applicant Files.

     System location: 
       Executive Office for United States Attorneys, U.S. Department of 
   Justice, 10th & Constitution Avenue, NW, Washington, DC 20530.
     Categories of individuals covered by the system: 
       Applicants tentatively selected (by nomination of a U.S. 
   Attorney) for the position of Assistant U.S. Attorney.
     Categories of records in the system: 
       The system includes the applicants name, status of Bar membership 
   and dates of receipt, status and final determination on the 
   appointment of the applicant. The system is arranged chronologically 
   by date of receipt of file and applicants name.
     Authority for maintenance of the system: 
       These records are kept for administrative convenience pursuant to 
   5 U.S.C. 301 and 44 U.S.C. 3101.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: 
       All uses are internal within the Department.
       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: A record from a system of records 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.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system: 
     Storage: 
       The material is stored within manila file folders, within metal 
   file cabinets.
     Retrievability: 
       The system is indexed by name, arranged alphabetically.
     Safeguards: 
       The correspondence is maintained in a room which is occupied by 
   office personnel during the day and locked at night.
     Retention and disposal: 
       Records are maintained and disposed of in accordance with 
   Department retention plans.
     System manager(s) and address: 
       Director, Executive Office of United States Attorneys, U.S. 
   Department of Justice, 10th & Constitution Avenue, NW, Washington, DC 
   20530.
     Notification procedure: 
       Same as the above.
     Record access procedures: 

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