Privacy Act: [OSCW-001]...

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





   #.DEPARTMENT OF JUSTICE


        Office of Special Counsel for Immigration-Related, Unfair 
                           Employment Practices

   #.. JUSTICE/OSC-001

   #....System name: Central Index File and Associated Records, JUSTICE/
      OSC-001.

     System location: 
       U.S. Department of Justice, Special Counsel for Immigration 
   Related Unfair Employment Practices (OSC), 1100 Connecticut Avenue, 
   NW, Washington, DC 20036 and Federal Records Center, Suitland, 
   Maryland 20409.
     Categories of individuals covered by the system: 
       These persons may include: Subjects of investigations, victims, 
   potential witnesses and representatives on behalf of individuals and 
   other correspondents on subjects directed or referred to OSC in 
   potential or actual cases and matters of concern to OSC.
     Categories of records in the system: 
       The system consists of (1) alphabetical indices bearing names of 
   the individuals identified above and (2) the associated record to 
   which the indices relate containing the general and particular 
   records of all OSC correspondence, cases, matters, and memoranda, 
   including but not limited to investigative reports, correspondence to 
   and from OSC, internal memoranda legal papers, evidentiary materials 
   and exhibits.
     Authority for maintenance of the system: 
       44 U.S.C. 3101; 8 U.S.C. 1324b; and 29 CFR part 44.
   Purpose(s): 
       This system has been established to maintain investigatory and 
   law enforcement records concerning charges filed with OSC by or on 
   behalf of individuals alleging immigration-related employment 
   discrimination. The system also contains charges filed with other law 
   enforcement entities that have been referred to OSC pursuant to 
   section 102 of the Immigration Reform and Control Act of 1986 (8 
   U.S.C. 1324b) to provide relief for injured parties and to enforce 
   prohibition of immigration-related, unfair employment practices.
       Employees and officials of the Department may access the system 
   to make decisions in the course of investigations and legal 
   proceedings; to assist in preparing responses to correspondence from 
   persons outside the Department; to prepare budget requests and 
   various reports on the work product of OSC; and to carry out any 
   other authorized internal duties.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: 
       (1) A record relating to a possible or potential violation of law 
   may be disseminated to the appropriate Federal, State or local agency 
   charged with the responsibility to enforce or implement such law; (2) 
   in the course of an investigation or litigation of a case or matter, 
   a record may be disseminated to a Federal, State or local agency, or 
   to an individual organization, if there is reason to believe that 
   such agency, individual or organization possesses information or has 
   the expertise in an official or technical capacity to analyze 
   information relating to the investigation, trail or hearing and the 
   dissemination is reasonably necessary to elicit such information or 
   expert analysis or to obtain the cooperation of a prospective witness 
   or informant; (3) a record relating to a case or matter, or any facts 
   derived therefrom, may be disseminated in a proceeding before a court 
   or adjudicative body before which OSC is authorized to appear, when 
   the United States, or any agency or subdivision thereof, is a part of 
   litigation or has an interest in litigation and such records are 
   determined by OSC to be arguably relevant to the litigation; (4) a 
   record relating to a case or matter may be disseminated to an actual 
   or potential party of litigation or the party's attorney (a) to 
   negotiate or discusss such matters as settlement of the case or 
   matter or (b) to conduct a formal or informal discovery proceeding; 
   (5) a record relating to a case or matter that has been referred to 
   OSC for investigation may be disseminated by OSC to referring 
   agencies to notify such agency of the status of the case or matter or 
   of any determination that has been made; (6) a record may be 
   disseminated to the United States Commission on Civil Rights in 
   response to its request and pursuant to 42 U.S.C. 1975d; (7) 
   information permitted to be released to the news media and the public 
   pursuant to 28 CFR 50.2 may be made available 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; (8) information in the system may be disclosed as is 
   necessary to respond to inquiries by Members of Congress on behalf of 
   individual constituents that are subjects of OSC rcords; and (9) 
   records may be disclosed 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.
       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 this system is indexed, and stored in file jackets 
   and on computer disks or tapes.
     Retrievability: 
       Entries are arranged alphabetically and are retrieved from the 
   computer by names of the individuals covered by this system of 
   records. Information may also be retrieved from file jackets by an 
   assigned number appearing in the manual index.
     Safeguards: 
       Information in manual and computer form is safeguarded and 
   protected in accordance with applicable Department security 
   regulations for systems of records. Only those employees with the 
   need to know in order to perform their duties will be able to access 
   the information. Access to records in the computer system is 
   restricted through use of password encryption: Access to both the 
   manual and computer system is restricted by locks on storage 
   facilities.
     Retention and disposal: 
       Records are maintained in the system while current and required 
   for official Government use. When no longer needed on an active 
   basis, the paper files are transferred to the Federal Records Center, 
   Suitland, Maryland, and some records are transferred to computer tape 
   and stored in accordance with Departmental security regulations for 
   systems of records. A request for Records Disposition Authority is 
   pending approval of the National Archives and Records Administration.
     System manager(s) and address: 
       Special Counsel for Immigration Related Unfair Employment 
   Practices, U.S. Department of Justice, Post Office Box 65490, NW, 
   Washington, DC 20035.
     Notification procedure: 
       Address inquiries to the System Manager listed above.
     Record access procedures: 
       Part of this system is exempted from this requirement under 5 
   U.S.C. 552a(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 shall be made in writing, 
   with an envelope and letter clearly marked ``Privacy Access 
   Request.'' Include in the request the full name of the individual, 
   his or her current address, date and place of birth, notarized 
   signature (28 CFR 16.41(b)), the subject of the case or matter as 
   described under ``categories of records in the system,'' and any 
   other information which is known and may be of assistance in locating 
   the records, such as the name of the immigration-related employment 
   discrimination case or matter involved, where and when the 
   discrimination occurred, and the name of the judicial district 
   involved. The requester will also provide a return address for 
   transmitting the information. Access request should be directed to 
   the System Manager listed above.
     Contesting record procedures: 
       Individuals desiring to contest or amend information 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.
     Record source categories: 
       Sources of information contained in this system include the 
   individual covered by the system and may include any agency or person 
   who has provided (or has offered to provide) information related to 
   the law enforcement responsibilities of OSC.
     Systems exempted from certain provisions of the act: 
       The Attorney General has exempted parts of this system from 
   subsections (c)(3) and (d) of the Privacy Act pursuant to 5 U.S.C. 
   552a(k)(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/OSC-003

   #....System name: Special Counsel for Immigration Related Unfair 
      Employment Practices Travel Reports, JUSTICE/OSC-003.

     System location: 
       U.S. Department of Justice, Special Counsel for Immigration 
   Related Unfair Employment Practices (OSC), 1100 Connecticut Avenue, 
   NW, Washington, DC 20036.
     Categories of individuals covered by the system: 
       All persons who have filed travel authorization forms or travel 
   voucher forms for official travel on behalf of OSC.
     Categories of records in the system: 
       The system contains information concerning travel expenditures 
   recorded on travel authorization forms (DOJ-501) and travel voucher 
   forms (SF-1012) by OSC employees or other persons authorized to 
   travel for OSC and submitted to the Executive Office of OSC.
     Authority for maintenance of the system: 
       44 U.S.C. 3101; 8 U.S.C. 1324b; and 28 CFR part 44.
   Purpose(s): 
       This system enables OSC to ensure authorized travel, account for 
   its travel expenditures, and manage the appropriated funds therefor. 
   It also permits OSC to maintain account balances and properly 
   reimburse those who travel on behalf of OSC.
       Department employees may access the system to make reports to the 
   Executive Office, OSC, for its use in reviewing and controlling OSC 
   expenditures. Employees may also access the system to process travel 
   authorizations and reimbursements for travel.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: 
       (1) A record relating to a case or matter, or any facts derived 
   therefrom, may be disseminated in a proceeding before a court or 
   adjudicative body before which OSC is authorized to appear, when the 
   United States, or any agency or subdivision thereof, is a party to 
   litigation or has an interest in litigation and such records are 
   determined by OSC to be arguably relevant to the litigation; (2) a 
   record relating to a case or matter may be disseminated to an actual 
   or potential party to litigation or the party's attorney (a) to 
   negotiate or discuss such matters as settlement of the case or matter 
   or (b) to conduct a formal or informal discovery proceeding; (3) 
   information permitted to be released to the news media and the public 
   pursuant to 28 CFR 50.2 may be made available 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; (4) information may be disclosed as is necessary to respond 
   to inquiries by Members of Congress on behalf of individual 
   constituents that are subjects of OSC records; and (5) records may be 
   disclosed 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.
       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: 
       Travel data are stored on computer disks. Individual vouchers and 
   travel authorization forms are stored in file jackets.
     Retrievability: 
       Records are retrieved by the names of those individuals covered 
   by this system of records.
     Safeguards: 
       Information in manual and computer form is safeguarded and 
   protected in accordance with applicable Department security 
   regulations for systems of records. Only those employees with the 
   need-to-know in order to perform their official duties will be able 
   to access the stored information. Access to the records in the 
   computer system is restricted by the locks on storage facilities.
     Retention and disposal: 
       Records are maintained in the system while current and required 
   for official Government use. When no longer needed on an active 
   basis, the records are transferred to computer tape and stored in 
   accordance with Departmental security regulations for systems of 
   records. Final disposition is in accordance with General Records 
   Schedule 9, items 3, 4 and 5.
     System manager(s) and address: 
       Special Counsel for Immigration Related Unfair Employment 
   Practices, U.S. Department of Justice, Post Office Box 65490 NW, 
   Washington, DC 20035.
     Notification procedure: 
       Same as above.
     Record access procedures: 
       Requests for access to records should be directed to the System 
   Manager listed above. Clearly mark the envelope and letter ``Privacy 
   Access Request;'' provide the full name and notarized signature of 
   the individual who is the subject of the record, his/her date and 
   place of birth, and any other identifying number or information which 
   may assist in locating the record; and furnish a return address.
     Contesting record procedures: 
       Individuals desiring to contest or amend information 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.
     Record source categories: 
       Sources of information contained in this system are OSC employees 
   and other persons authorized to travel on behalf of OSC and who file 
   travel authorization and travel voucher forms.
     Systems exempted from certain provisions of the act: 
       None.

   #.DEPARTMENT OF JUSTICE


                     Office of Special Counsel--Waco

   #..OSCW-001

   #....System name: 

       CaseLink Document Database for Office of Special Counsel--Waco.
     Security classification: 
       Unclassified.
     System location: 
       Office of Special Council-Waco, 200 N. Broadway, 15th Floor, St. 
   Louis, Missouri 63102.
     Categories of individuals covered by the system: 
       Individuals who are referenced in documents collected or created 
   by the Office of Special Counsel, relating to the investigation of 
   the events occurring in Waco, Texas on April 19, 1993.

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