[Federal Register Volume 64, Number 215 (Monday, November 8, 1999)]
[Notices]
[Pages 60849-60852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28632]
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DEPARTMENT OF JUSTICE
[AAG/A Order No. 176-99]
Privacy Act of 1974; System of Records
AGENCY: Department of Justice.
ACTION: Notice of New Systems of Records.
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SUMMARY: Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), the
United States
[[Page 60850]]
Marshals Service (USMS), Department of Justice, proposes to establish
two new systems of records entitled ``Judicial Security Staff
Inventory, Justice/USM-017,'' and USMS Alternative Dispute Resolution
(ADR) Files and Database Tracking System, Justice/USM-018,'' and
proposes routine uses for the new systems. Title 5 U.S.C. 552a(e)(4)
and (11) provide that the public be given a 30-day period in which to
comment on routine uses. The Office of Management and Budget (OMB),
which has oversight responsibility under the Act, requires a 40-day
period in which to review the proposed systems. The public, OMB and
Congress are invited to comment on the proposed systems of records.
DATES: The proposed systems of records will be effective December 20,
1999, unless comments are received that result in a contrary
determination.
ADDRESSES: Submit written comments to the Department of Justice, ATTN:
Mary E. Cahill, Management and Planning Staff, Justice Management
Division, Room 1400, National Place Building, Washington, DC 20530.
FOR FURTHER INFORMATION CONTACT: Mary E. Cahill at (202) 307-1823.
SUPPLEMENTARY INFORMATION: The USMS is responsible for ensuring the
effective operation of the judicial system through the administration
and implementation of courtroom security requirements, the protection
of Federal jurists, court officers, and other threatened persons, the
execution of Federal arrest warrants, and other law enforcement
functions. The proposed system, Judicial Security Staff Inventory,
Justice/USM-017, will be used by management of the Judicial Security
Division (JSD) to assist in the effective control of accountable
property and to ensure that JSD personnel maintain equipment necessary
and in proper working order to perform their functions, especially law
enforcement functions, and to respond quickly to urgent operational law
enforcement activities as they develop.
The USMS Alternative Dispute Resolution (ADR) process offers an
alternative to employees to established channels for addressing formal
grievances and Equal Employment Opportunity complaints which may result
in a simpler, quicker less expensive, and less adversarial resolution
of disputes. The proposed ADR system of records is used to facilitate
the effective operation of the ADR process in resolving grievances and
complaints, to track case activity, and to compile data for required
reports.
In accordance with 5 U.S.C. 552a(r), the Department has provided a
report on the proposed systems of records to OMB and the Congress.
Descriptions of the Systems are printed below.
Dated: October 22, 1999.
Janis A. Sposato,
Acting Assistant Attorney General for Administration.
JUSTICE/USM-017
System Name:
Judicial Security Staff Inventory.
Security classification:
Limited Official Use.
System location:
Judicial Security Division (JSD), U.S. Marshals Service (USMS), 600
Army Navy Drive, Arlington, Virginia 22202-4210. Categories of
individuals covered by the system: USMS employees assigned to JSD.
Categories of records in the system:
Records contained in this computerized system consist of (1) an
individual's name, date of birth, social security number, and type of
passport with expiration date; (2) inventory of accountable property
assigned to individual, including: Weapon, protective body armor with
expiration date of warranty, vehicle, credit cards, cell phone, pager,
and office equipment.
Authority for maintenance of the system:
5 U.S.C. 301; 28 U.S.C. 509 and 510; 44 U.S.C. 3101 and 28 CFR
0.111.
Purpose(s):
This system will be used to assist JSD management in the effective
control of accountable property and to ensure that JSD personnel
maintain equipment necessary and in proper working order to perform
their functions, especially law enforcement functions, and to respond
quickly to urgent operational law enforcement activities as they
develop.
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 appropriate Federal, State or local law enforcement agencies
in connection with actual or potential violation of criminal or civil
laws, statutes, or regulations, or in conjunction with investigative or
litigative responsibilities 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 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 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 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.
Policies and practices for storing, retrieving, accessing retaining,
and disposing of records in the system:
Storage:
Records are kept in a computerized database.
Retrievability:
Informatiion is retrieved by name and social security number.
Safeguards:
Access is limited to designated staff of JSD by assigned user code
and password. JSD is located in a restricted area of USMS Headquarters
which is under 24-hour guard protection with entry controlled by
official and electronic identification.
Retention and disposal:
Files are maintained until the employee leaves JSD at which time
all records on the individual will be erased from the database.
System manager(s) and address:
Assistance Director, Judicial Security Division, U.S. Marshals
Service, 600 Army Navy Drive, Arlington, Virginia 22202-4210.
[[Page 60851]]
Notification procedure:
Same as the ``Record access procedures.''
Record access procedures:
Make all requests for access in writing and clearly mark letter and
envelope ``Privacy Act Request.'' Clearly indicate the name of the
requester, nature of the record sought, approximate dates of the
record, and provide the required verification of identity (28 CFR
16.41(d)). Direct all requests to the system manager identified above,
attention: FOI/PA Officer, and provide a return address for
transmitting the information.
Contesting record procedures:
Direct all requests to contest or amend information to the system
manager identified above. State clearly and concisely the information
being contested, the reasons for contesting it, and the proposed
amendment to the information sought. Clearly mark the letter and
envelope ``Privacy Act Request.''
Record source categories:
Information is obtained from subject JSD employees and office and
records on accountable property.
Exemptions claimed for the system:
None.
JUSTICE/USM-018
System name:
United States Marshals Service Alternative Dispute Resolution (ADR)
Files and Database Tracking System.
Security classification:
Limited official use.
System location:
Human Resources Division, United States Marshals Service (USMS),
600 Army Navy Drive, Arlington, Virginia 22202-4210.
Categories of individuals covered by the system:
Employees of the USMS who are designated as complainants who select
ADR mediation as the mechanism to resolve disagreements and designated
respondents to such complaints.
Categories of records in the system:
ADR files contain a statement of issue(s) which include type of
dispute, parties involved, and date ADR requested or notified by
complainant; mediator appointed; correspondence or letters which may
include ground rules, acknowledgement of time requirements and issues
related thereto; pre-conference agreements; minutes of ADR activity;
written agreement, and dispute resolution and date resolved.
The ADR data tracking system contains names of complainant and
respondent; type of dispute, e.g., job assignment, leave, promotion;
source of complaint, e.g., Equal Employment Opportunity (EEO) or
grievance; process utilized, e.g., mediation, conciliation, fact
finding; district/office; ADR contact individual; date ADR request
received; date resolved; and calculation of time spent in resolving
matters and, if applicable, name of mediator.
authority for maintenance of the system:
5 U.S.C. 301 and 44 U.S.C. 3101.
Purpose(s):
The ADR process is a parallel system to the grievance process and
Equal Employment Opportunity (EEO) complaint process which offers the
possibility of a simpler, quicker, less expensive, and less adversarial
resolution of disputes. The ADR files are used to facilitate the
effective operation of the ADR process in resolving discrimination
complaints and workplace grievances by USMS employees and applicants
for employment. The ADR database is used to track case activity,
primarily for completion of reports. Routine uses of records maintained
in the system, including categories of users and the purposes of such
uses:
Information from this file may be disclosed:
(a) To appropriate Federal, State or local law enforcement agencies
in connection with actual or potential violation of criminal or civil
laws, statutes, or regulations, or in conjunction with investigative or
litigative responsibilities 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 subdivision; 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 litigaton is likely to affect
it or any of its subdivisions;
(c) 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 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
(e) 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.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are stored in standard file cabinets. Computerized records
are stored in a database server in a secured file room.
Retrievability:
Records are retrieved by name of employee.
Safeguards:
Access is restricted to authorized personnel with the need to know
in the Human Resources Division, Equal Employment Opportunity Division,
and the Office of General Counsel. Computerized records may be accessed
only by assigned code and password. In addition, records are stored in
metal file cabinets within the Human Resources Division and access to
USMS headquarters is controlled by 24-hour guard services.
Retention and disposal:
Records are maintained for 7 years and then data in the system, as
well as hard copies, are purged.
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:
Make all request for access in writing and clearly mark letter and
envelope ``Privacy Act Request.'' Clearly indicate name of the
requester, nature of the record sought, approximate dates of the
records, and provide the required verification of identity (28 CFR
16.41(d)). Direct all requests to the system manager identified above,
Attention: FOI/PA Officer, and provide
[[Page 60852]]
a return address for transmitting the information.
Contesting record procedures:
Direct all requests to contest or amend information to the system
manager in accordance with the procedures outlined above. State clearly
and concisely the information being contested, the reasons for
contesting it, and the proposed amendment to the information sought.
Record source categories:
Employee complainants who select the ADR process to resolve their
disputes, respondents, and ADR mediator.
Exemption claimed for the system:
None.
[FR Doc. 99-28632 Filed 11-5-99; 8:45 am]
BILLING CODE 4410-AR-M
