Privacy Act: [JUSTICE/USM-011]...

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





   #.DEPARTMENT OF JUSTICE


                      United States Marshall Service

   #..JUSTICE/USM-001

   #....System name: 

       U.S. Marshals Service Badge & Credentials File.
     Security classification: 
       Limited official use.
     System location: 
       Human Resources Division, United States Marshals Service, 600 
   Army Navy Drive, Arlington, Virginia 22202-4210.
     Categories of individuals covered by the system: 
       U.S. Marshals Service (USMS) personnel.
     Categories of records in the system: 
       Personnel data system established to control issuance of badges 
   and credentials to USMS personnel which contains photographs of all 
   employees and hand receipts showing the employee's name, title, duty 
   location, badge and credential numbers, and date of issuance.
     Authority for maintenance of the system: 
       5 U.S.C. 301 and 44 U.S.C. 3101.
   Purpose(s): 
       The Badge & Credentials File system assists in controlling the 
   issuance of badges and credentials to USMS personnel which are used 
   for identification purposes in the performance of official duties.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: 
       This file serves as a record of issuance of credentials. 
   Information from this file may be disclosed:
       (a) To the appropriate law enforcement agency, e.g., FBI, Secret 
   Service, State, county and municipal police responsible for 
   investigating, prosecuting, enforcing, defending, or implementing a 
   statute, rule, regulation, or order, to the extent that the 
   information is relevant to the recipient's functions or where there 
   is an indication of an actual or potential violation of civil or 
   criminal law, statute, rule, regulation, or order within the 
   jurisdiction of the recipient agency;
       (b) In a proceeding before a court or adjudicative body before 
   which the USMS is authorized to appear when any of the following is a 
   party to litigation or has an interest in litigation and such records 
   are determined by the USMS to be arguably relevant to the litigation: 
   The USMS or any of its subdivisions; any USMS employee in his or her 
   official capacity, or in his or her individual capacity where the 
   Department of Justice agrees to represent the employee; or the United 
   States where the USMS determines that the litigation is likely to 
   affect it or any of its subdivisions;
       (c) To student volunteers and other workers, who technically do 
   not have the status of federal employees, when they are performing 
   work for the USMS as authorized by law, and they need access to 
   personally identifiable information in USMS records in order to 
   perform their assigned agency functions;
       (d) 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;
       (e) 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;
       (f) To the National Archives and Records Administration and to 
   the General Services Administration in records management inspections 
   conducted under the authority of 44 U.S.C. 2904 and 2906.
   Disclosure to consumer reporting agencies:
       Records in this system are not appropriate for disclosure to 
   consumer reporting agencies.
       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: 
       Records are kept in standard folders.
     Retrievability: 
       Indexed by name of individual and numerical order of badges and 
   credentials.
     Safeguards: 
       Access restricted to personnel of the Background and Suitability 
   Team, Human Resources Division. Records are maintained in metal 
   filing cabinets which are locked during non-duty hours.
     Retention and disposal: 
       Records are kept for duration of employee's tenure in the 
   service.
     System manager(s) and address: 
       Assistant Director, Human Resources Division, USMS, 600 Army Navy 
   Drive, Arlington, Virginia 22202-4210.
     Notification procedure: 
       Same as ``Record access procedures.''
     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 
   Act Request.'' It should clearly indicate the name of requester, the 
   nature of the record sought and the approximate dates covered by the 
   record. The requester shall also provide the required verification of 
   identity (28 CFR 16.41(d)) and provide a return address for 
   transmitting the information. Access requests will be directed to the 
   System Manager listed above, Attention: FOI/PA Officer.
     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: 
       Record of Notification of Employment by U.S. Marshals Service, 
   Human Resources Division.
     Exemptions claimed for the system:
       None.

   #..JUSTICE/USM-002

   #....System name: 

       Internal Affairs System.
     Security classification: 
       Limited Official Use.
     System location: 
       United States Marshals Service (USMS), Executive Services 
   Division, 600 Army Navy Drive, Arlington, Virginia 22202-4210.
     Categories of individuals covered by the system: 
       USMS employees.
     Categories of records in the system: 
       The Internal Affairs System contains statements of the 
   investigator and witnesses interviewed, exhibits and reports of 
   investigations prepared by the Office of Internal Affairs, USMS, on 
   findings of alleged misconduct of USMS employees, and records on the 
   disposition of the investigation.
     Authority for maintenance of the system: 
       28 U.S.C. 509, and 510; 5 U.S.C. 301; 44 U.S.C. 3101; and 28 CFR 
   0.111(n).
   Purpose(s): 
       The Internal Affairs system is maintained in order to carry out 
   the responsibility of investigating allegations of improper conduct 
   on the part of USMS employees, and to support adverse personnel 
   actions and proceedings which may result based on the findings of the 
   investigation.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: 
       Records or information may be disclosed:
       (a) To complainants of alleged civil rights violations and/or 
   victims of civil rights violations to the extent necessary to provide 
   such persons with information and explanations concerning the 
   progress and/or results of the civil rights investigation, and 
   discipline imposed in substantiated cases.
       (b) To the extent that investigations reveal actual or potential 
   violations of criminal or civil laws, to the appropriate Federal, 
   State or local law enforcement agencies for further investigations, 
   or to the appropriate agency responsible for investigating, 
   prosecuting, enforcing, defending, or implementing a statute, rule, 
   regulation or order, to the extent the information is relevant to the 
   recipient's function.
       (c) To public and private organizations, individuals, and 
   Federal, State, local, and foreign agencies to the extent necessary 
   to obtain information or cooperation in investigations of alleged 
   misconduct by USMS employees.
       (d) To students volunteers or other workers, who technically do 
   not have the status of Federal employees, when they are performing 
   work for the USMS as authorized by law and they need access to 
   personally identifiable information in USMS records in order to 
   perform their assigned USMS functions.
       (e) 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 conducting of a security or suitability 
   investigation of an individual, the classifying of jobs, the letting 
   of a contract or the issuance of grant, license or other benefit by 
   the requesting agency, to the extent the information is relevant and 
   necessary to the requesting agency's decision on the matter.
       (f) In a proceeding before a Court or adjudicative body before 
   which the USMS is authorized to appear when any of the following is a 
   party to litigation or has an interest in litigation and such records 
   are determined by the USMS to be arguably relevant to the litigation; 
   the USMS or any of its subdivisions; any USMS employee in his or her 
   official capacity, or in his or her individual capacity, where the 
   Department of Justice agrees to represent the employee; or the United 
   States where the USMS determines that the litigation is likely to 
   affect it or any of its subdivisions.
       (g) 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.
       (h) 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.
       (i) To the National Archives and Records Administration and to 
   the General Services Administration in records management inspections 
   conducted under the authority of 44 U.S.C. 2904 and 2906.
   Disclosure to consumer reporting agencies:
       Records in this system are not appropriate for disclosure to 
   consumer reporting agencies.
       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: 
       Originals stored in standard file folders. Duplicate copies are 
   maintained on compact discs.
     Retrievability: 
       Information is retrieved by name of employee and case file 
   number.
     Safeguards: 
       Records are stored in locked safe. Access to automated records is 
   protected by user identification and passwords.
     Retention and disposal: 
       Records are transferred to the Washington National Records Center 
   three years after close of case or investigation, and destroyed 10 
   years after close of case or investigation.
     System manager(s) and address: 
       Chief, Office of Internal Affairs, Executive Services Division, 
   U.S. Marshals Services, 600 Army Navy Drive, Arlington, Virginia 
   22202-4210.
     Notification procedure: 
       Same as the ``Records access procedures.''
     Record access procedures: 
       To the extent that this system 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 from this system shall be made in writing, with 
   the envelope and the letter clearly marked ``Privacy Act Request.'' 
   It should clearly indicate name of the requestor, the nature of the 
   record sought and approximate dates covered by the record. The 
   requestor shall also provide the required verification of identity 
   (28 CFR 16.41(d)) and provide a return address for transmitting the 
   information. Access requests will be directed to the System Manager 
   listed above, Attention: FOI/PA Officer.
     Contesting record procedures: 
       Individuals desiring to contest or amend information maintained 
   in the system should direct their request to the System Manager 
   identified above, stating clearly and concisely what information is 
   being contested, the reason for contesting it, and the proposed 
   amendment to the information sought.
     Record source categories: 
       Information derived from investigation of alleged malfeasance by 
   USMS, Office of Internal Affairs.
     Exemption claimed for the system:
       The Attorney General has exempted this system from subsections 
   (c)(3) and (4), (d), (e)(1), (2), and (3), (e)(4)(G) and (H), (e)(5), 
   (f) and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2) and 
   (k)(5). To the extent that investigations reveal actual or potential 
   criminal or civil violations, this system is additionally exempt from 
   subsection (e)(8) of the Privacy Act pursuant to 5 U.S.C. 552(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/USM-003

   #....System name: U.S. Marshals Service Prisoner Transportation 
      System.

     System location: 
       Prisoner Transportation Division, U.S. Marshals Service (USMS), 
   Department of Justice, 911 Walnut Street, Kansas City, Missouri 
   64106.
     Categories of individuals covered by the system: 
       Prisoners taken into custody of and transported by the U.S. 
   Marshal.
     Categories of records in the system: 
       Any and all information necessary to schedule and effect the safe 
   and efficient movement of prisoners for court appearances and service 
   of sentence. Information will include: (1) Requests for prisoner 
   movement generated by the U.S. Marshal having custody of the 
   prisoner. These requests include identifying information for each 
   prisoner taken into U.S. Marshal custody; the offense(s) for which 
   the prisoner is charged and the disposition of the charge(s); the 
   process code defining the purpose of the prisoner movement (e.g., 
   judgment and commitment, warrant of removal); names and information 
   on other prisoners scheduled for movement on the trip, including 
   sensitive security data, e.g., cautions to be considered in 
   scheduling the prisoner for movement and observed during the prisoner 
   movement, such as informant or protected witness status and location, 
   or any special medical requirements; jail location where the prisoner 
   is housed; the final destination for the prisoner; the deadline date 
   for the prisoner movement; and the security classification (and any 
   information relevant thereto) of the prisoner movement; (2) trip 

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