8 November 1999
Source: http://gpo.sailor.lib.md.us/bin/GPOAccess.cgi

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[Notices]               
[Page 60832-60849]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08no99-104]                         

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DEPARTMENT OF JUSTICE

[AAG/A Order No. 177-99]

 
Privacy Act of 1974; System of Records

AGENCY: Department of Justice.

ACTION: Notice of Modified Systems of Records.

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974 (5 
U.S.C. 552a), the United States Marshals Service (USMS), Department of 
Justice, is issuing public notice of its proposal to modify its systems 
of records. This notice publishes updates to those systems of records, 
last published in the Federal Register on October 13, 1989 (54 FR 
42100), except as otherwise set forth below under the caption 
SUPPLEMENTARY INFORMATION. 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 systems modifications. The public, OMB and Congress are 
invited to comment on the modifications to these systems.

DATES: The proposed changes 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 (DOJ), 
ATTN: Mary E. Cahill, Management and Planning Staff, Justice Management 
Division, Washington, DC 20530 (Room 1400, NPB).

FOR FURTHER INFORMATION CONTACT: Mary E. Cahill at (202) 307-1823.

SUPPLEMENTARY INFORMATION: Modifications to the USMS systems of records 
include changes to correct the office designations for systems 
locations and titles of systems managers, to reflect nomenclature 
changes, to more accurately describe the systems purposes, categories 
of records and safeguards, to revise sections on notification and 
access procedures, to clarity existing routine uses, to add routine 
uses, to update the retention and disposal section, to add data 
elements omitted from previous notices, and to further exempt one 
system from certain provisions of the Privacy Act. Specific changes for 
each USMS system of records notice are set forth below:
    USMS Badge & Credentials File, Justice/USM-001: To correct the 
office designation for system location, title of system manager and 
personnel with authorized access; to add data elements omitted from 
previous notice; to clarify an existing routine use; to add a new 
routine use for disclosure to student volunteers and other non-federal 
workers when they perform work for USMS as authorized and they need 
access to personally identifiable information in USMS records in order 
to perform their assigned USMS functions, and to correct the 
notification procedure.
    USMS Internal Affairs System, Justice/USM-002: To rename the 
system; to correct the office designation for system location and title 
of system manager; to add data elements omitted from previous notice; 
to more accurately described categories of records, storage, and 
safeguards; to update retention and disposal section; to correct the 
notification procedure; to clarify an existing routine use; and to add 
four new routine uses for disclosure to complainants of alleged civil 
rights violations or to victims of such violations, for disclosure to 
other Federal agencies in connection with decisions on employment, 
licensing or contract issues, for disclosures to obtain cooperation in 
USMS investigations of alleged misconduct, and for disclosure to 
student volunteers and other non-federal workers when they perform work 
for USMS as authorized and they need access to personally identifiable 
information in USMS records in order to perform their assigned USMS 
functions. Also, a proposed rule to further exempt this system from 
subsections (e)(1) and (e)(5) of the Privacy Act can be found in the 
Proposed Rules Section of today's Federal Register. The Office of the 
Federal Register shall remove from DOJ's compilation of Privacy Act 
issuances the system of records entitled ``Internal Inspection System, 
Justice/USM-002,'' and add of DOJ's compilation the modified system of 
records entitled ``Internal Affairs System, Justice/USM-002.''
    Special Deputation Files, Justice/USM-004: To rename the system; to 
correct the office designation for system location and title of system 
manager; to add data elements omitted from previous notice; to expand 
categories of individuals; to more accurately describe categories of 
records, storage, and safeguards; to update retention and disposal 
section; to correct the notification and records access procedures; and 
to add a new routine use for disclosure to student volunteers and other 
non-federal workers when they perform work for USMS as authorized and 
they need access to personally identifiable information in USMS records 
in order to perform their assigned USMS functions. The Office of the 
Federal Register shall remove from DOJ's compilation of Privacy Act 
issuances the system of records entitled ``Special Deputy File, 
Justice/USM-004,'' and add to DOJ's compilation the modified system of 
records entitled ``Special Deputation Files, Justice/USM-004.''
    USMS Prisoner Processing and Population Management/Prisoner 
Tracking System (PPM/PTS), Justice/USM-005, last published in the 
Federal Register on February 3, 1992 (57 FR 4059): This system has been 
revised to rename the system; to correct the office designation for 
system location and title of system manager; to identify the location 
of decentralized segments of the system at USMS district offices; to 
add data elements omitted for previous notice; to expand the 
description of medical records in the system; to clarify the purpose of 
medical records; to correct the notification procedure; and to add two 
new routine uses. The Office of the Federal Register shall remove from 
DOJ's compilation of Privacy Act issuances the system of records 
entitled ``U.S. Marshals Service Prisoner Processing and Population 
Management System, Justice/USM-005,'' and add to DOJ's compilation the 
modified system of records entitled ``U.S. Marshals Service Prisoner 
Processing and Population Management/Prisoner Tracking System (PPM/
PTS), Justice/USM-005 .''
    USMS Training Files, Justice/USM-006, last published on October 13, 
1989

[[Page 60833]]

(54 FR 42103): To correct the office designation for system location 
and title of system manager; to add data elements omitted from the 
previous notice; to correct the notification procedure; to clarify an 
existing routine use; and to add to new routine uses for disclosure to 
student volunteers and other non-federal workers when they perform work 
for USMS as authorized and they need access to personally identifiable 
information in USMS records in order to perform their assigned USMS 
functions, and for disclosure to other Federal agencies in connection 
with decisions on employment, retention, licensing or contract issues.
    Warrant Information Network (WIN), Justice/USM-007: This system has 
been revised to rename the system; to correct the office designation 
for system location and title of system manager; to add data elements 
omitted from previous notice; to expand the categories of individuals 
covered by and records in this system; to correct the notification 
procedure; to more accurately describe retrievability and safeguards; 
and to update retention and disposal section. The Office of the Federal 
Register shall remove from DOJ's compilation of Privacy Act issuances 
the system of records entitled ``Warrant Information System, Justice/
USM-007,'' and add to DOJ's compilation the modified system of records 
entitled ``Warrant Information Network (WIN), Justice/USM-007.''
    Witness Security Files Information System, Justice/USM-008: To 
correct the office designation for system location and title of system 
manager; to correct authority cited for maintenance of the system; to 
add data elements omitted from the previous notice; to more accurately 
describe storage, retrievability and safeguards; to update retention 
and disposal section; and to clarify record sources.
    Inappropriate Communications/Threat Information System (IC/TIS), 
Justice/USM-009: This system has been revised to rename the system; to 
correct the office designation for system location and title of system 
manager; to identify the location of decentralized segments at USMS 
district offices; to add data elements omitted from previous notice; to 
expand the categories of individuals, records and the purpose of this 
system; to correct the notification procedure; to more accurately 
describe storage and safeguards; and to clarify an existing routine 
use. The office of the Federal Register shall remove from DOJ's 
compilation of Privacy Act issuances the system of records entitled 
``Threat Analysis System, Justice/USM-009,'' and add to DOJ's 
compilation the modified system of records entitled ``Inappropriate 
Communications/Threat Information System (IC/TIS), Justice/USM-009.''
    Judicial Facility Security Index System, Justice/USM-010: To 
correct the office designation for system location and title of system 
manager; to correct authority cited for maintenance of the system; to 
add data elements omitted from the previous notice; to clarify an 
existing routine use; and to correct notification procedure.
    Judicial Protection Information System, Justice/USM-011: To correct 
the office designation for system location and title of system manager; 
to correct authority cited for maintenance of the system; to add data 
elements omitted from the previous notice; to clarify an existing 
routine use; and to correct the notification procedure.
    Freedom of Information Act/Privacy Act (FOIA/PA) Files, Justice/
USM-012: To correct the office nomenclature for system location and 
title of system manager; to expand the categories of individuals in 
this system; to add data elements omitted from the previous notice; to 
more accurately describe storage, retrievability and safeguards; to 
correct the notification procedures; to clarify an existing routine 
use; and to add a new routine use for disclosure to student volunteers 
and other non-federal workers when they perform work for USMS as 
authorized and they need access to personally identifiable information 
in USMS records in order to perform their assigned USMS functions.
    Administrative Proceedings, Claims, and Civil Litigation Files, 
Justice/USM-013: To correct the office nomenclature for system location 
and title of system manager; to expand the categories of individuals in 
this system; to add data elements omitted from the previous notice; to 
more accurately describe storage, retrievability and safeguards; to 
update retention and disposal section; to correct notification 
procedures; to correct or clarify two existing routine uses; and to add 
a new routine use for disclosure to student volunteers and other non-
federal workers when they perform work for USMS as authorized and they 
need access to personally identifiable information in USMS records in 
order to perform their assigned USMS functions.
    U.S. Marshals Service (USMS) Employee Assistance Program (EAP) 
Records, Justice/USM-015, last published in the Federal Register on May 
2, 1994 (59 FR 22684): To correct the office designations for system 
location and title of system manager; to change the nomenclature for 
the location of certain records contained in the system; to expand the 
categories of records and identify the location of certain duplicate 
records; to add data elements omitted from the previous notice; and to 
make other minor changes for greater clarity.
    USMS Key Control Record System, Justice/USM-016, last published in 
the Federal Register on February 23, 1994 (59 FR 8660): To correct the 
office designation for system location and title of system manager; to 
add data elements omitted from the previous notice; to add a new 
routine use for disclosure to student volunteers and other non-federal 
workers when they perform work for USMS as authorized and they need 
access to personally identifiable information in USS records in order 
to perform their assigned USMS functions; and to correct the 
notification procedure.
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report on the modified systems to OMB and the Congress. Descriptions of 
these systems are required below.

    Dated October 22, 1999.
Janis A. Sposato,
Acting Assistant Attorney General for Administration.
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

[[Page 60834]]

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.

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

[[Page 60835]]

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.

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-004

System name:
    Special Deputation Files.

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:
    Special Deputies, who are selected law enforcement officers and 
employees of the U.S. Government, and selected employees of private 
security companies.

Categories of records in the system:
    Special Deputation files contain the oath of office and credential 
of persons utilized as deputy marshals and include identifying data on 
the special deputy, expiration date of special deputation, requests for 
special deputation submitted by the employing agency, and certification 
of firearms qualification.

Authority for maintenance of the system:
    28 CFR subpart T, Sec. 0.112, 28 U.S.C. 562.

Purpose(s):
    The USMS is authorized to deputize selected persons to perform the 
functions of a Deputy U.S. Marshal whenever the law enforcement needs 
of the USMS so require, to provide courtroom security for the Federal 
judiciary, and as designated by the Associate Attorney General pursuant 
to 28 CFR 0.19(a)(3). USMS Special Deputation files serve as a 
centralized record of the special deputations granted by the USMS to 
assist in tracking, controlling and monitoring the Special Deputation 
Program.

[[Page 60836]]

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Records of information may be disclosed:
    (a) To Federal agencies for whom the USMS has deputized employees.
    (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 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 USM 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.

Policies and practices for storing, retrieving, accessing, retaining 
and disposing of records in the system:
Storage:
    Records are filed in standard file cabinets. Duplicate copies of 
paper records are stored on magnetic discs.

Retrievability:
    Files are indexed by name and by government department.

Safeguards:
    Records are kept in a locked file. Computerized records are 
password protected.

Retention and disposal:
    Records and closed annually upon expiration of special deputation 
and destroyed when give years old.

System manager(s) and address:
    Assistant Director, Executive Services Division, U.S. Marshals 
Service, 600 Army Navy Drive, Arlington, Virginia 22202-4210.

Notification procedures:
    Same as the ``Records access procedures.''

Records 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 name of the requester, 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 reasons for contesting it and the proposed amendment to 
the information sought.

Record source categories:
    Federal agencies requesting special deputations provide all 
necessary information required by the USMS in making the special 
deputations.

Exemptions claimed for the system:
    None.
JUSTICE/USM-005

System name:
    U.S. Marshals Service Prisoner Processing and Population 
Management/Prisoner Tracking System (PPM/PTS).

Security classification:
    Limited Official Use.

System location:
    Primary System: Prisoner Services Division, U.S. Marshals Service, 
600 Army Navy Drive, Arlington, Virginia 22202-4210.
    Decentralized Segments: Each district office of the U.S. Marshalls 
Service (USMS) maintains files on prisoners taken into custody of the 
U.S. Marshal for the respective district. The addresses of USMS 
district offices are on the Internet (www.usdoj.gov/marshals/
usmsofc.html).

Categories of individuals covered by the system:
    Prisoners taken into U.S. Marshal custody.

Categories of records in the system:
    Any and all information necessary to complete administrative 
processes, safekeeping, health care, and disposition of individual 
Federal prisoners who are in custody pending criminal proceedings, 
together with any law enforcement related records generated during such 
custody. Records include a compilation of basic information on each 
prisoner taken into custody of the U.S. Marshal covering identifying 
data, the reason for U.S. Marshal custody (e.g., Federal indictment, 
complaint, or writ) the court disposition of charges, dates of custody, 
and institutions to which committed or housed. Also included are Form 
USM-129, Prisoner Custody, Detention and Disposition Record (formerly 
DJ-100; prisoner photograph; personal history statement; fingerprint 
card; identification record; detainer notice; speedy trial notice; 
prisoner remand or order to deliver prisoner, and receipt for U.S. 
prisoner; property receipt; court records including writs, bail/bond 
release information, judgment and commitment and other court orders; 
prisoner alert notice; prisoner complaints or serious incident reports 
(and related investigatory information) filed by either the prisoner or 
by officials or by other individuals at the institution where the 
prisoner is housed and covering a wide range of potentially serious 
issues, e.g., medical treatment of prisoners, and attempted escapes or 
alleged prisoner misconduct or criminal activity; designation requests 
to Bureau of Prisons (BOP) and BOP responses; information identifiable 
to informants, protected witnesses, and confidential sources; access 
codes and data entry codes and message routing symbols used to 
communicate with law enforcement officials regarding the custody and 
safekeeping of prisoners; and prisoner transportation requests to the 
Prisoner Transportation Division (and any related records) which may 
include sensitive security data. Medical records included in this 
system consist of nurses notes of medical problems, diagnosis, 
treatment recommended;

[[Page 60837]]

names of health care providers at the housing unit, social workers, 
attorneys, family members and USMS contact personnel; special issue or 
treatment notices; name and address of treatment facility, dates of 
service, provider tax identification numbers; medical care given, cost 
of care, and billing records. Medical records generated by health care 
providers maybe included in this system as authorized by the prisoner 
for treatment purposes or infectious disease control.

Authority for maintenance of the system:
    18 U.S.C, 3149, 3193, 3604, 3621, 4002, 4006, 4086, 4285; 28 U.S.C. 
509, 510, 568, 569; 5 U.S.C. 301; 44 U.S.C. 3101; and 28 CFR 0.111.

Purpose(s):
    The Prisoner Processing and Population Management/Prisoner Tracking 
System (PPM/PTS) is maintained to cover law enforcement and security 
related records which are generated in the local USMS district offices 
in connection with the processing, safekeeping, and disposition of 
Federal prisoners who are in custody pending criminal proceedings. 
Medical records included in this system assist consultation and 
coordination between the USMS district office, the housing unit, 
treatment facility, transportation facility, and other Federal 
agencies, e.g., BOP, to ensure that prisoners in custody of the U.S. 
Marshal are given proper treatment. Through USMS nursing staff, 
districts are assisted in determining medical treatment necessary while 
the prisoner is in custody of the U.S. Marshal and in ensuring the 
prisoner's medical clearance for travel. Routine uses of records 
maintained in the system, including categories of users and purposes of 
such uses:
    Relevant records or information may be disclosed under subsection 
(b)(3) of the Privacy Act as follows:
    1. To other Federal, State, local or foreign law enforcement 
agencies, contract detention or medical facilities (1) who provide 
temporary custody or housing or care of prisoners, or who otherwise 
require information (a) to protect the safety and/or health of the 
prisoners, the public, and of law enforcement officials or (b) to 
otherwise ensure fair and proper treatment of prisoners during custody 
and transfer of custody or (2) who may also assist the USMS in pursuing 
any necessary inquiry/investigation of complaints, alleged misconduct 
or criminal activity. For example, relevant records or information may 
be disclosed to secure their safe and efficient transfer to other 
jurisdictions, to court appearances, or to the designated institution 
for service of sentence; to ensure that appropriate credit for time in 
custody is given; that appropriate medical treatment is provided; that 
all rights of the prisoner, whether statutory, humanitarian, or 
otherwise, are provided and protected; and to elicit information from 
which to initiate an inquiry/investigation and/or respond to prisoner 
complaints and reports of alleged misconduct or criminal activity; or, 
conversely, to enable those entities to respond to, or provide 
information relating to, such prisoner complaints or reports of 
misconduct or criminal activity.
    2. To the appropriate Federal, State, local or foreign agency 
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 law enforcement 
function.
    3. To the appropriate Federal, State, local or foreign law 
enforcement agency where there is an indication of an actual or 
potential violation of civil or criminal laws, statutes, rules, or 
regulations within the jurisdiction of the recipient agency.
    4. To Federal, State or local public health agencies for infectious 
disease control.
    5. 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.
    6. 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 should constitute an unwarranted invasion 
of personal privacy.
    7. 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
    8. To the National Archives and Records Administration (NARA) and 
to the General Services Administration in records management 
inspections conducted under the authority of 44 U.S.C. 2904 and 2906.

Policies and procedures for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Information is stored in standard file cabinets. Duplicate copies 
of certain paper records are stored on magnetic discs.

Retrievability:
    Information is retrieved by name of prisoner and/or prisoner 
number.

Safeguards:
    Paper records are stored in locked files. Access to computerized 
data is restricted through user identification and discrete password 
functions. In addition, USMS district and headquarters offices are 
secured behind locked doors around the clock and access is restricted 
to USMS personnel with official identification.

Retention and disposal:
    Records are kept in active files until a prisoner has been 
transferred out of the district's custody or until his/her judicial 
proceedings have been completed. Records are then transferred to 
inactive files. The USMS is reviewing a proposed disposition schedule 
for these records. Upon approval by the USMS Records Management Officer 
and NARA, this section of the notice will be revised to identify the 
approved schedule.

System manager(s) and address:
    Assistant Director, Prisoner Services Division, United States 
Marshals Service, 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 name of requester, the nature of 
the record sought and 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, Attention: FOI/PA Officer, stating clearly and concisely what 
information is being

[[Page 60838]]

contested, the reasons for contesting it, and the proposed amendment 
sought.

Record source categories:
    Information is received from the prisoner, the courts, Federal, 
State, local and foreign law enforcement agencies, and medical care 
professionals.

Exemptions claimed for the system:
    The Attorney General has exempted this system from subsections 
(c)(3) and (4), (d), (e)(1), (2), (3), (e)(5) and (e)(8) and (g) of the 
Privacy Act pursuant to 5 U.S.C. 552a(j)(2). Rules have been 
promulgated in accordance with the requirements of 5U.S.C. 553(b), (c) 
and (e) and have been published in the Federal Register.
JUSTICE/USM-006

System name:
    United States Marshals Service Training Files.

Security classification:
    Limited official use.

System location:
    a. Primary system: Human Resources Division, United States Marshals 
Service, 600 Army Navy Drive, Arlington, Virginia 22202-4210.
    b. Decentralized segments: Individual training files and the 
Fitness in Total (FIT) Program training assessment files, identified as 
items (1) and (3) under ``Category of Records in the System,'' are 
located also at the USMS Training Academy, Department of Justice, 
Building 70, Glynco, Georgia 31524. Each district office of the USMS 
maintains FIT files only on their respective participants in the FIT 
Program. The addresses of USMS district offices are on the Internet 
(www.usdoj.gov/marshals/usmsofc.html).

Categories of individuals covered by the system:
    USMS employees.

Categories of records in the system:
    (1) Individual training files contain information on the 
individual's educational background and employee training history, and 
an individual career development plan; (2) skills files identify 
languages and other special skills possessed by the individual USMS 
employee; and (3) individual FIT Program training assessment files 
contain records on physical and medical examinations, blood tests, 
health histories, physical assessments, and administrative records on 
participation, goal setting and progress while in the program. The 
Certificate of Medical Examination (SF-78) is maintained in the primary 
system at USMS headquarters only unless obtained and placed in the 
district file by the individual FIT participant.

Authority for maintenance of the system:
    28 U.S.C. 509, 510, and 569; 5 U.S.C. 301; 44 U.S.C. 3101; and 28 
CFR 0.111(h).

Purpose(s):
    Individual training files are used to make employment, promotion, 
or retention determinations for all Deputy U.S. Marshals; to develop 
training histories; and to determine training and/or promotion 
eligibility. In addition, FIT Program training assessment files are 
used to make hiring/retention determinations for Deputy U.S. Marshal 
personnel entering on duty as of July 1, 1984 and later; to determine 
employees' eligibility to participate in the program; to tailor an 
individual fitness program for each employee; to chart employee 
progress in the program; to determine the need for and to chart 
progress toward weight reduction; to develop physical fitness standards 
for performance appraisal purposes; and to examine statistically the 
physical fitness level of the USMS workforce against law enforcement 
populations and the general population of the United States. Skills 
files re used to identify special skills and language abilities 
possessed by personnel to aid in staffing special assignments which 
require such skills.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Records or information may be disclosed as a routine use:
    (a) 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.
    (b) 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.
    (c) 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 a grant, license or other benefit by the requesting 
agency, to the extent that the information is relevant and necessary to 
the requesting agency's decision on the matter.
    (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 congressional members or staff on behalf of and at the 
request of the constituent 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 title 44 of the United States Code.

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:
    Originals of paper records contained in this system are kept in 
standard file cabinets. Skills files, summaries of FIT Program training 
assessment records, and duplicates of paper records are stored on 
magnetic discs.

Retrievability:
    Records are retrieved by name of employee.

Safeguards:
    Records are maintained in metal filing cabinets which are locked 
during nonduty hours. Entry to headquarters is restricted by 24-hour 
guard service to employees with official and electronic identification. 
Entry to the Training Academy and district offices is restricted 
generally to trainees/employees with official identification. Access to 
computerized records in this system is restricted to the responsible 
headquarters employees by assigned code.

Retention and disposal:
    Files are maintained until the employee leaves the USMS at which 
time paper records are shredded and magnetic discs are erased.

[[Page 60839]]

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 requests for access in writing and clearly mark letter and 
envelop ``Freedom of Information Act/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 a 
return address for transmitting the information.

Contesting record procedures:
    Direct all requests to contest or amend information to the system 
manager listed 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 ``Freedom 
of Information Act/Privacy Act Request.''

Record source categories:
    Information contained in this system is collected from the 
individual, training personnel, the Combined Federal Law Enforcement 
Training Academy, examining physicians, fitness coordinators, and 
personnel records.

Exemptions claimed for the system:
    None.
JUSTICE/USM-007

System name:
    Warrant Information Network (WIN)

Security classification:
    Limited Official Use.

System location:
    Primary System: Investigative Services Division, U.S. Marshals 
Service (USMS), 600 Army Navy Drive, Arlington, Virginia 22202-4210.
    Decentralized Segments: Each district office of the USMS maintains 
their own files. The addresses of USMS district offices are available 
on the Internet at www.usdoj.gov/marshals/usmsofc.html.

Categories of individuals covered by the system:
    Individuals for whom Federal warrants have been issued; individuals 
for whom State or local warrants have been issued when the warrant is 
part of a USMS sponsored multi-agency task force; and associates who 
may provide information, assistance or leads in USMS fugitive 
investigations.

Categories of records in the system:
    Computerized records in this system consist of information related 
to the warrant, including dates, issuing Federal district, nature of 
the offense, investigative notes; information related to subjects, 
including biographical data, physical description, and criminal 
history, and their association with other individuals, dangerous gangs, 
extremist groups, or other organizations; information on associates 
including physical description, photographs, numerical identifiers, 
addresses, and driver's license information; and investigative 
information furnished by other Federal, State or local law enforcement 
or other government agencies and non-government sources. In addition to 
the abbreviated data described above, the complete file contains the 
warrant and other court records and internal correspondence related to 
the warrant; photograph; wanted flyers/posters and investigative 
reports reflecting patterns of activity, leads developed and statements 
of witnesses and other persons cooperating with USMS fugitive 
investigations. Investigative reports and criminal record information 
from other Federal, State, local and foreign law enforcement agencies 
participating in or cooperating with USMS fugitive investigations and 
apprehension efforts are also included in this system.

Authority for maintenance of the system:
    28 U.S.C. 509, 510 and 561 et seq.; 28 CFR 0,111(a) and (q).

Purpose(s):
    The USMS is responsible for ensuring the effective operation of the 
judicial system through the execution of Federal arrest warrants, 
parole violator warrants, Federal custodial and extradition warrants, 
and for investigating fugitive matters, domestic and foreign, involving 
escaped federal prisoners, and probation, parole, mandatory release, 
and bond default violators. The WIN system facilitates the efficient 
management and administration of USMS fugitive investigations through 
the collection, flow, analysis, dissemination and maintenance of 
records and information necessary to accomplish this mission.

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 public and private 
organizations, individuals, and Federal, State, local and foreign 
agencies to the extent necessary to obtain information or cooperation 
in USMS fugitive investigations and apprehension efforts.
    (b) Upon request, to the appropriate Federal, State, local or 
foreign law enforcement agency 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 function.
    (c) Without a request, to an appropriate Federal, State or local 
law enforcement agency where there is an indication of an actual or 
potential violation of civil or criminal laws, statutes, rules, or 
regulations within the jurisdiction of the recipient agency.
    (d) 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.
    (e) 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.
    (f) 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.
    (g) 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.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records are stored in standard file folders. Duplicate copies of 
paper records are stored on magnetic discs.

Retrievability:
    Records are retrieved by individual names or identifying numbers.

Safeguards:
    Except as otherwise noted in paragraph (b) under ``Routine uses,''

[[Page 60840]]

access is restricted to personnel in the Investigative Services 
Division and in each USMS district office. Access to computerized 
records is safeguarded by user identification and password 
restrictions. Paper records are maintained in filing cabinets within 
supervised areas of the U.S. Marshals' offices. District and 
headquarters offices are locked during working and non-duly hours and 
entry is restricted to employees with official identification.

Retention and disposal:
    Records are kept in an operating file until warrant is executed and 
then transferred to closed file. Closed files are retained for one year 
after file is closed, then transferred to the Federal Records Center 
and destroyed after 55 years. Computerized records are retained 
indefinitely as an operating file or as a closed case file.

System manager(s) and address:
    Assistant Director, Investigative Services Division, U.S. Marshals 
Service, U.S. Department of Justice, 600 Army Navy Drive, Arlington, 
Virginia 22202-4210.

Notification procedure:
    Same as ``Record access procedures.''

Record access procedures:
    Make all requests for access in writing and clearly mark letter and 
envelope ``Freedom of Information/Privacy Act Request.'' Clearly 
indicate the name of the requester, nature of the record sought, 
approximate date 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 reason for contesting it, and the proposed 
amendment to the information sought. Clearly mark the envelope 
``Freedom of Information/Privacy Act Request.''

Record source categories:
    Information is obtained from the courts, Federal, State, local and 
foreign law enforcement agencies, public and private organizations, 
witnesses, informants, and other persons interviewed during the course 
of the fugitive investigation.

Exemptions 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), 
(e)(8), (f) and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(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/USMS-008

System name:
    Witness Security Files Information System.

Security classification:
    Limited Official use.

System location:
    Witness Security Program, United States Marshals Service (USMS), 
600 Army Navy Drive, Arlington, Virginia 22202-4210.

Categories of individuals covered by the system:
    Government witnesses who are participants in the Federal Witness 
Security Program.

Categories of records in the system:
    (1) Authorization to enter the program; (2) background information 
(education, experience, medical history, names, relatives, etc.); (3) 
funding information; (4) moving information; (5) documentation of all 
of the above.

Authority for maintenance of the system:
    28 U.S.C. 509, 510, 524 and 561 et seq.; 5 U.S.C. 301; 44 U.S.C. 
3101; 28 CFR 0.111(c); 18 U.S.C. 3521.

Purpose(s):
    The USMS provides for the security, health and safety of government 
witnesses and their immediate dependants whose lives are in danger as a 
result of their testimony against organized crime, drug traffickers, 
terrorists and other major criminals. The Witness Security Files are 
used to plan and accomplish the major functions involved in the 
protection of government witnesses and their families. Routine uses of 
records maintained in the system, including categories of users and the 
purposes of such uses:
    Records or information may be disclosed as follows:
    (a) 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;
    (b) 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;
    (c) 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;
    (d) 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 file folders and in a computerized database.

Retrievability:
    Filed and retrieved by special ID number.

Safeguards:
    Access is restricted to Witness Security personnel using locks and 
alarm devices, passwords and/or encrypting data communications. The 
records are located in a restricted area of USMS Headquarters under 24-
hour guard protection with entry controlled by official and electronic 
identification.

Retention and disposal:
    All records at this time are being indefinitely maintained with the 
exception of financial records, which are destroyed after three years 
and three months in accordance with General Records Schedules 6, 7 and 
8.
    Chief, Witness Security Program, U.S. Marshals Service, 600 Army 
Navy Drive, Arlington, Virginia 22202-4210.

Notification procedure:
    Same as the ``Record access procedures.''

Record access procedures:
    Make all requests for access in writing and clearly mark letter and 
envelope

[[Page 60841]]

``Privacy Act Request.'' Clearly indicate 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 listed 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:
    All identifying background criteria of individual: (1) Education; 
(2) job history; (3) medical history; (4) history of residence; (5) 
relatives, etc., is provided by the individual, the court, other 
Federal, State, local and foreign law enforcement agencies, and medical 
personnel.

Exemptions claimed for the system:
    The Attorney General has exempted this system from subsections 
(c)(3) and (4), (d), (e)(2) and (3), (e)(4)(G) and (H), (e)(8), (f) and 
(g) of the Privacy Act pursuant to 5 U.S.C. 552a(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-009

System name:
    Inappropriate Communications/Threat Information System.

Security classification:
    Limited Official Use.

System location:
    Primary System: Investigative Services Division, U.S. Marshals 
Service (USMS), 600 Army Navy Drive, Arlington, Virginia 22202-4210.
    Decentralized Segments: Each district office of the USMS maintains 
their own files. The addresses of USMS district offices are available 
on the Internet at www.usdoj.gov/marshals/usmsofc.html.

Categories of individuals covered by the system:
    Individuals who have inappropriately communicated with, directly 
threatened, or pose a threat to USMS protectees, including Federal 
judges, prosecutors, and other court officials. U.S. Marshals, deputies 
and other law enforcement officers, courtroom security, and federal 
property and buildings; associates of such individuals; and individuals 
reported by State or local agencies to the USMS who have threatened to 
harm State or local judicial officials.

Categories of records in the system:
    Manual and automated records which consist of information related 
to the inappropriate communication or threat, including type of 
communication, the means by which it was issued, and information 
contained in the communication such as dates, locations, and events; 
analysis of the communication or threat and other in internal USMS 
correspondence related the communication; biographical data including 
physical description, photograph, and criminal history information--in 
particular, known history of violence and skills related to the nature 
of the threat; investigative information including associations with 
other individuals and dangerous gangs, extremist groups, or other 
organizations; information on associates including physical 
descriptions, photographs, numerical identifiers, address(es), driver's 
license information; and investigative information furnished by other 
Federal, State and local law enforcement or other government agencies 
and non-government sources.

Authority for maintenance of the system:
    28 U.S.C. 509, 510, and 561 et seq.; 5 U.S.C. 301; 44 U.S.C. 3101; 
and 28 CFR 111(c) through (f).

Purpose(s):
    The USMS is required to protect government witnesses, U.S. 
Attorneys and their assistants, Federal jurists and other court 
officers; to provide for courtroom security; and to assist in 
protecting Federal property and buildings. The USMS also conducts 
Federal law enforcement activities itself, e.g., warrant apprehension 
investigations, which subject its officers to security danger. These 
operations require acquiring information to allow an accurate 
assessment of the existence and extent of the dangers posed, including 
specific threats, to aid in responding to specific security assignments 
and needs, as well as developing protective measures and plans in 
advance. With the information collected, officials determine and carry 
out operating plans, funding, personnel, and any special resources 
needed to counteract threat situations.
    Individuals reported by State and local agencies to the USMS who 
have threatened to harm State or local judicial officials often appear 
before the Federal bar as a result of appeals, civil rights suits, 
continuing criminal behavior, etc. Such individuals may continue their 
inappropriate communications or threats at the Federal level. In that 
event, information concerning these individuals provided by the State 
and local agencies assists the USMS in assessing the dangers they pose 
to Federal Officials and in developing protective measures and 
responding to specific security requirements. This information also 
assists in researching inappropriate communications directed toward 
judicial officials of all jurisdictions to gain a full and 
comprehensive picture of the diverse circumstances involved, to analyze 
trends based upon a statistically reliable study, and to more fully 
address the problem.

Routine uses of records maintained in the system, including categories 
of users and purposes of such uses:
    Records or information may be disclosed:
    (a) To other appropriate Federal, State and local law enforcement 
agencies in connection with actual or potential violation of criminal 
or civil laws, statutes, or regulations, or in conjunction with 
investigative of litigative responsibilities of the recipient agency, 
or to the extent that disclosure is necessary to obtain additional 
case-related information or to develop protective measures.
    (b) To other law enforcement agencies to develop protective 
measures where a specific threat is posed to their members; and to an 
individual or organization where the recipient is or could become the 
target of a specific threat.
    (c) 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 arguable 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.
    (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.

[[Page 60842]]

    (e) As is necessary to appropriately respond to congressional 
inquiries on behalf of and at the request of the constituent 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.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Paper records are kept in file folders. Duplicate copies of paper 
records are stored on magnetic discs.

Retrievability:
    Records are retrieved by name and identifying number or a 
combination of the name and number.

Safeguards:
    Except as otherwise noted in paragraphs (a) and (b) under ``Routine 
uses,'' access to computerized records is restricted to personnel in 
the Investigative Services Division and in each district office by user 
identification and password. Paper records are maintained in filing 
cabinets within supervised areas. District and headquarters offices are 
locked during working and non-duty hours and entry is restricted to 
employees with official identification.

Retention and disposal:
    Records are maintained indefinitely until a detailed records 
retention plan and disposal schedule is developed by NARA and the USMS.

System manager(s) and address:
    Assistant Director, Investigative Services Division, U.S. Marshals 
Service, 600 Army Navy Drive, Arlington, Virginia 22202-4210.

Notification procedure:
    Same as ``Record access procedure.''

Record access procedures:
    Make all requests for access in writing and clearly mark letter and 
envelope ``Freedom of Information/Privacy Act Request.'' Clearly 
indicate name of the requester, nature of the record sought, 
approximate date 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 reason for contesting it, and the proposed 
amendment to the information sought. Clearly mark the letter and 
envelope ``Freedom of Information/Privacy Act Request.''

Record Source Categories:
    Information is obtained from public and confidential sources and 
from Federal, State and local law enforcement agencies.

Exemptions 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), 
(e)(8), (f) and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(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/USMA-010

Sytem name:
    Judicial Facility Security Index System.

Security classification:
    Limited Official Use.

System location:
    Judicial Security Division, United States Marshals Service (USMS), 
600 Army Navy Drive, Arlington, Virginia 22202-4210.

Categories of individuals covered by the system:
    Individuals employed, or offered employment as contract court 
security officers (CSO's) by companies contracting with the USMS to 
provide judicial area security in Federal courthouses.

Categories of records in the system:
    An alphabetical index contains the name, date of birth and social 
security number of the CSO, name of the contracting security firm 
(employer), completion dates and cost data for limited background 
investigation and orientation, district of employment, dates contract 
performance started and ended, posts and hours of duty and the status 
of employment, i.e., active or inactive. For inactive CSO's, the index 
contains the reason for inaction, e.g., CSO resigned; applicant 
rejected based on the preliminary records check; CSO removed based on 
Office of Personnel Management (OPM) background investigation; etc. In 
addition to providing abbreviated date, the index assists in locating 
records on the CSO related to the initial screening process for 
eligibility, e.g., application and preliminary checks for arrest 
records, which are filed under the contract number and name of the 
contracting security firm (employer). The index also assists sin 
locating files containing OPM reports on the limited background 
investigation and internal suitability memoranda which are segregated 
by categories ``active'' and ``inactive.''

Authority for maintenance of the system:
    28 U.S.C. 509, 510 and 561 et seq.; 5 U.S.C. 301; 44 U.S.C. 3101 
and 28 CFR 0.111.

Purpose(s):
    The USMS administers and implements courtroom security requirements 
for the federal judiciary and provides assistance in the protection of 
federal property and buildings. The Judicial Facility Security Program 
provides uniformed security officers and security systems and equipment 
for judicial area security in Federal courthouses throughout the 
country. It is funded by the Judiciary through the Administrative 
Office of the U.S. Courts (AOUSC) and is managed by the USMS. This 
system of records is used to make security/suitability determinations 
in the hiring of CSO's to monitor orientation completed, to track costs 
related to background investigations and attendance at Government-
sponsored orientation, and to monitor contractor performance. It 
enables program officers to compile data for reports to AOUSC on actual 
and projected expenses, to list CSO's their posts and hours of duty, 
and to determine turnover and reemployment ratios among CSO's.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Records may be disclosed as follows: Individual cost data may be 
disclosed to the contractor (employer) in connection with billing and 
recovering reimbursable costs. In addition, records or information also 
may be disclosed as follows:
    (a) To an appropriate Federal, State or local law enforcement 
agency to the extent necessary to obtain information on arrest, or to 
the extent relevant to an actual or potential criminal or civil 
investigation, litigation or enforcement proceedings of that 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

[[Page 60843]]

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 congressional members or staff on behalf of and at the 
request of the constituent 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:
    An index record is stored on magnetic disks and original paper 
records are kept in file folders.

Retrievability:
    Records are retrieved by name of the contract CSO.

Safeguards:
    Records are stored in locked metal filing cabinets during off-duty 
hours. Access to computerized records is controlled by restricted code 
to personnel on a need-to-know basis. Entry to USMS Headquarters is 
restricted by 24-hour guard service to employees with official and 
electronic identification.

Retention and disposal:
    Records are maintained indefinitely until a detailed records 
retention plan and disposal schedule is developed by the National 
Archives and Records Administration and the USMS.

System manager(s) and address:
    Chief, Judicial Facility Security Program, Judicial Security 
Division, U.S. Marshals Service, 600 Army Navy Drive, Arlington, 
Virginia 22202-4210.

Notification procedures:
    Same as the ``Records access procedures.''

Record access procedures:
    Make all requests for access in writing and clearly mark letter and 
envelope ``Freedom of Information/Privacy Act Request.'' Clearly 
indicate 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 request to the system manager 
identified above, Attention: FOI/PA Officer, and provide a return 
address for transmitting the information.

Contesting record procedures:
    Direct all request to contest or amend information to the system 
manager listed 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 ``Freedom 
of Information/Privacy Act Request.''

Record source categories:
    Information contained in this system is collected from the 
individual, USMS orientation records, other law enforcement agencies, 
OPM and from the contractor (employer).

Exemptions claimed for the system:
    The Attorney General has exempted this system from subsections 
(c)(3) and (d) of the Privacy Act pursuant to 5 U.S.C. 552a(k)(5). 
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-011

System name:
    Judicial Protection Information System.

Security classification:
    Limited Official Use.

System location:
    Judicial Security Division, United States Marshals Service (USMS), 
600 Army Navy Drive, Arlington, Virginia 22202-4210.

Categories of individuals covered by the system:
    Individuals who have been directly threatened or are subject to 
violent threat by virtue of their responsibilities within the judicial 
system, e.g., U.S. Attorneys and their assistants, Federal jurists and 
other court officials.

Categories of records in the system:
    Manual and automated indices contain abbreviated data, e.g., case 
number, name of protected subject, name of control district and 
district number, an indication of the type and source of threat, and 
the means by which the threat was made. In addition to the abbreviated 
data named above, the complete file may contain descriptive physical 
data of the protectee, and other information to identify security risks 
and plan protective measures in advance of or during periods of active 
protection, e.g., individual practices and routines, including 
associational memberships. Information regarding the expenditure of 
funds and allocation of resources assigned to the protectee may also be 
included in the file to enable officials to develop operating plans to 
counteract threat situations.

Authority for maintenance of the system:
    28 U.S.C. 509, 510 and 561 et seq., 5 U.S.C. 301; 44 U.S.C. 3101; 
and 28 CFR 0.111 (c) through (f).

Purpose:
    The USMS is required to protect U.S. Attorneys and their 
assistants, Federal jurists and other court officers; to provide for 
courtroom security, and to assist in protecting federal property and 
buildings. This operation requires obtaining information to allow an 
accurate assessment of the individual security needs of such threatened 
persons to aid in developing protective measures and advance planning 
of specific security assignments. With the information collected, USMS 
officials determine and carry out operating plans, funding, personnel 
assignments and any special resources needed to counteract specific 
threat situations.

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 other Federal, State and local law enforcement agencies to 
the extent that disclosure is necessary to develop and/or implement 
protective measures;
    (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 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 employees; or the United

[[Page 60844]]

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 congressional members or staff on behalf of and at the 
request of the constituent 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:
    An index record is stored on index cards and magnetic tape. 
Original paper records are kept in file folders.

Retrievability:
    Records are indexed and retrieved by name of protectee.

Safeguards:
    Access to computerized records is restricted to Court Security 
Program personnel by assigned user code and password. In addition, 
records are stored in locked metal cabinets during off-duty hours. The 
records are located in a restricted area, and USMS Headquarters is 
under 24-hour guard protection with entry controlled by official and 
electronic identification.

Retention and disposal:
    Records are maintained indefinitely until a detailed records 
retention plan and disposal schedule is developed by the National 
Archives and Records Administration and the USMS.

System manager(s) and address:
    Chief, Court Security Program, Judicial Security Division, U.S. 
Marshals Service, 600 Army Navy Drive, Arlington, Virginia 22202-4210.

Notification procedure:
    Same as the ``Record access procedures.''

Record access procedures:
    Make all requests for access in writing and clearly mark letter and 
envelope ``Freedom of Information/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 reason for contesting it, and the proposed 
amendment to the information sought. Clearly mark the letter and 
envelope ``Freedom of Information/Privacy Act Request.''

Record source categories:
    Information is obtained from individual protectees. Where 
information is maintained in this system on identified threat sources 
to a particular protectee, such information is obtained from public and 
confidential sources and from Federal, State and local law enforcement 
agencies, and is not retrievable by name or other identifying 
particular assigned to the threat source.

Exemptions claimed for the system:
    None.
JUSTICE/USM-012

System name:
    U.S. Marshals Service Freedom of Information/Privacy Act (FOIA/PA) 
Files.

Security classification:
    Limited Official Use.

System location:
    Office of General Counsel, U.S. Marshal Service, 600 Army Navy 
Drive, Arlington, Virginia 22202-4210.

Categories of individuals covered by the system:
    Individuals who request disclosure of U.S. Marshals Service (USMS) 
records pursuant to the Freedom of Information Act (FOIA); individuals 
who request access to or correction of records maintained in USMS 
systems of records pursuant to the Privacy Act (PA); individuals whose 
FOIA or PA requests have been referred to the USMS by another 
Department of Justice component or another agency; and USMS FOIA/PA 
Specialists assigned to process requests.

Categories of records in the system:
    A computerized case tracking system is maintained to aid in the 
orderly processing of requests and to prepare annual reports. Data 
items include the name and address of the requester; the type of 
request; dates on which the request was conceived, acknowledged, and 
answered; type of final responses; exemptions used to deny access to 
records, when applicable, and the name of the USMS FOIA/PA Specialist 
assigned to process the request. Identifying data, i.e., date and place 
of birth, and social security number, is maintained on PA requesters to 
verify their identity and ensure proper disclosure. Files contain a 
record of the FOIA/PA request, along with the response, copies of 
documents which have been requested, and internal memoranda or other 
records related to the initial processing of such request, subsequent 
appeals and/or litigation.

Authority for maintenance of the system:
    5 U.S.C. 301 and 44 U.S.C. 3101 to implement the provisions of 5 
U.S.C. 552 and 5 U.S.C. 552a.

Purpose(s):
    As a component of the Department of Justice, the U.S. Marshals 
Service is required to respond to requests under the Freedom of 
Information Act for records maintained in and under the control of the 
Service; and requests to access or amend records in systems of records 
pursuant to the Privacy Act. 5 U.S.C. 552 and 552a. To effectively 
carry out this responsibility, records retrievable by individual 
identifiers are necessary to respond to individual requesters, to 
consult with the Office of Information and Privacy, Department of 
Justice, on administrative appeals of USMS action, to participate in 
litigation regarding agency action on requests, and to compile data to 
report to the Department, OMB and Congress on activities implementing 
the Acts.

Routine uses of records maintained in the system, including categories 
of users and the purpose of such uses:
    A record maintained in this system may be disseminated as a routine 
use:
    (a) To any Department of Justice component for consideration in 
connection with an FOIA or PA request, appeal or civil suit pursuant to 
the Acts.
    (b) To a Federal, State or local agency which furnished the record 
to permit that agency to make a decision as to access or correction, or 
to consult with that agency to enable the USMS to determine the 
propriety of access or correction.
    (c) 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

[[Page 60845]]

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. In addition, records or information which is relevant to 
the subject matter involved in a pending judicial or administrative 
proceeding may be disclosed in response to a request for discovery or 
for appearance of a witness.
    (d) To student volunteers or other workers, who technically do not 
have the status of Federal employees, when they perform 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 the news media and the public pursuant to 28 CFR 50.2 unless 
is it determined that the release of specific information in the 
context of a particular case would constitute an unwarranted invasion 
of personal privacy.
    (f) To congressional members or staff on behalf of the constituent 
who is the subject of the records.
    (g) 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.

disclosures 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:
    Request files are stored in standard file cabinets. The 
computerized case tracking system and duplicate copies of some paper 
records are maintained on magnetic discs.

Retrievability:
    Records are retrieved by name of requester, USMS FOIA/PA 
Specialist, or request control number.

Safeguards:
    Access to computerized records is restricted to Office of General 
Counsel personnel by user identification and passwords. In addition, 
request files are stores in metal filing cabinets and in designated 
file rooms within the Office of General Counsel, USMS Headquarters 
during off-duty hours. Access to USMS Headquarters is restricted to 
employees with official identification.

Retention and disposal:
    Records are destroyed 6 years after final response or appeal 
determination by the Department of Justice, Office of Information and 
Privacy; or 3 years after final adjudication by the courts.

System manager(s) and address:
    General Counsel, Office of General Counsel, U.S. Marshals Service, 
600 Army Navy Drive, Arlington, Virginia 22202-4210.

Notification procedure:
    Same as ``Record access procedures.''

Record access procedures:
    Make all requests for access in writing and clearly mark letter and 
envelope ``Freedom of Information/Privacy Act Request.'' Clearly 
indicate 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 listed above. State clearly and concisely what information is 
being contested, the reasons for contesting it, and the proposed 
amendment to the information sought. Clearly mark the letter and 
envelope ``Freedom of Information Act/Privacy Act Request.''

Record source categories:
    The sources of information contained in this system are the 
individuals making requests, the systems of records searched in the 
process of responding to requests, and other agencies who have referred 
to the USMS those requests for access to or correction of USMS records.

Exemptions claimed for the system:
    The Attorney General has exempted certain categories of records in 
this system from subsections (c)(3) and (4); (d); (e)(1), (2) and (3); 
(e)(4)(G) and (H); (e)(5), (e)(8); (f) and (g) of the Privacy Act 
pursuant to 5 U.S.C. 552a(j)(2), (k)(2) and (k)(5). The system is 
exempted pursuant to subsections (j)(2) and (k)(2) only to the extent 
that the records there reflect criminal and civil law enforcement and 
investigative information. The system is exempted pursuant to 
subsections (k)(5) only to the extent necessary to protect confidential 
sources. Rules have been promulgated in accordance with the 
requirements of 5 U.S.C. 553(b), (c) and (3) and have been published in 
the Federal Register.
JUSTICE/USM-013

System name:
    U.S. Marshals Service Administrative Proceedings, Claims and Civil 
Litigation Files

Security Classification:
    Limited Official Use

System location:
    Office of General Counsel, U.S. Marshals Service (USMS), 600 Army 
Navy Drive, Arlington, Virginia 22202-4210.

Categories of individuals covered by the system:
    Individuals who have filed tort and employee claims against the 
USMS; individuals who have initiated administrative proceedings against 
the USMS; individuals who have filed civil suits naming the USMS and/or 
personnel as defendants, including those suits arising from authorized 
criminal law enforcement activities; individuals named as defendants in 
Federal court actions initiated by the USMS; and USMS attorneys 
assigned to defend such claims and litigation.

Categories of records in the system:
    In addition to the names of individuals covered by the system and 
the title of cases, a computerized case tracking system contains 
certain summary data, e.g.; a summary of correspondence and pleadings 
received in a case, names of parties involved; names of attorneys 
handling the case or matter, court in which action is brought, and 
civil action number, thereby facilitating location of the complete 
file. Cases or matters include adverse actions, grievances, unfair 
labor practice charges, tort claims, Equal Employment Opportunity and 
other employee claims, and suits against USMS employees in their 
official capacities, etc. Files contain correspondence/claim forms 
submitted by claimants and internal reports and related documents 
concerning the merits of the claim, attorney or staff recommendations 
and findings related to the claim; records on actions taken by USMS 
giving rise to appeals, attorney notes, recommendations and strategy 
for defending appeals; copies of civil actions filed and criminal 
investigative records related to the action e.g.,

[[Page 60846]]

criminal investigative reports relating the underlying criminal matter 
which relates to or constitutes the basis of the claim or suit 
(including those from on-Federal law enforcement participants in USMS 
criminal or civil law enforcement activities), witness statements, 
reports of interviews, exhibits, attorney notes, pleadings, and 
recommendations and strategy for defending civil actions.

Authority for maintenance of the system:
    5 U.S.C. 301 and 44 U.S.C. 3101.

Purpose(s):
    Among other responsibilities, the Office of General Counsel, U.S. 
Marshals Service, provides legal representation to USMS management in 
all administrative matters including, but not limited to, adverse 
actions, grievances, unfair labor practices, EEO, tort and employee 
claim proceedings; represents the Service and its employees in district 
court actions brought against them for acts taken in the course of 
official duties; and represents the Service in other actions in which 
its interests are involved. Effective representation in such matters 
requires that records be retrievable by individual identifiers.

Routine uses of records maintained in the system including categories 
of users and the purposes of such uses:
    Records maintained in this system of records may be disseminated as 
follows:
    (a) To any component of the Department of Justice for consideration 
in connection with the case or matter to which the record related;
    (b) To the appropriate Federal, State or local agency responsible 
for investigating, prosecuting or defending an action where there is an 
indication of actual or potential violation of criminal or civil laws 
or regulations or civil liability of any government agency;
    (c) To any Federal, State or local agency, organization or 
individual to the extent necessary to elicit information or witness 
cooperation if there is reason to believe the recipient possesses 
information related to the case or matter;
    (d) 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;
    (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 a grant, license or other benefit by the requesting 
agency, to the extent that the information is relevant and necessary to 
the requesting agency's decision on the matter;
    (f) To respond to a request for discovery or for appearance of a 
witness when the information is relevant to the subject matter involved 
in a pending judicial or administrative proceeding;
    (g) To student volunteers or other workers, who technically do not 
have the status of Federal employees, when they perform 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;
    (h) 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;
    (i) To Congressional members or staff on behalf of the constituent 
who is the subject of the record;
    (j) 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.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Administrative claim, appeal, and litigation files are stored in 
standard file cabinets. The computerized case track system and 
duplicate copies of some paper records are stored on magnetic discs.

Retrievability:
    Records are retrieved by name of claimant, litigant or USMS 
attorney, or by caption of civil action or administrative proceeding.

Safeguards:
    Access to computerized records is restricted to Office of General 
Counsel personnel by user identification and passwords. In addition, 
files are stored in metal filing cabinets within the Office of General 
Counsel, USMS Headquarters during off-duty hours. Access to USMS 
Headquarters is restricted to employees with official identification.

Retention and disposal:
    Records in the case tracking system are retained indefinitely. 
Claim files are destroyed after 7 years. Litigation files are destroyed 
after 10 years. Cases designated by the General Counsel as significant 
or precedential are retained indefinitely.

System manager(s) and address:
    General Counsel, Office of General Counsel, U.S. Marshals Service, 
600 Army Navy Drive, Arlington, Virginia 22202-4210.

Notification procedure:
    Same as ``Record access procedures.''

Record access procedures:
    Make all requests for access in writing and clearly mark letter and 
envelope ``Freedom of Information/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 a 
return address for transmitting the information.

Contesting record procedures:
    Direct all requests to contest or amend information to the system 
manager listed above. State clearly and concisely what information is 
being contested, the reason for contesting it, and the proposed 
amendment to the information sought. Clearly mark the letter and 
envelope ``Freedom of Information/Privacy Act Request.''

Record source categories:
    The sources of information contained in this system are the 
individual claimant/litigant, USMS officials, law enforcement agencies, 
statements of witnesses and parties, transcripts of depositions and 
court proceedings, administrative hearings and arbitrations, and work 
product of staff attorneys and legal assistants working on a particular 
case or matter.

Exemptions claimed for the system:
    The Attorney General has exempted certain categories of records in 
this system from subsections (c)(3) and (4); (d); (e)(2) and (3); 
(e)(4)(G) and (H); (e)(8); (f) and (g) of the Privacy Act pursuant to 5 
U.S.C. 552a(j)(2) and (k)(5). The system is exempted pursuant to 
subsection (j)(2) only to the extent that information in a record 
pertaining

[[Page 60847]]

to a particular individual relates to a criminal investigation which 
relates to or constitutes the basis of a particular suit or claim. The 
system is exempted pursuant to subsection (k)(5) only to the extent 
necessary to protect a confidential source. 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-015

System name:
    U.S. Marshals Service (USMS) Employee Assistance Program (EAP) 
Records.

Security classification:
    Limited official use.

System location:
    Records of the Employee Assistance Program Office, Health and 
Safety Team, Human Resources Division, are located at 600 Army Navy 
Drive, Arlington, Virginia 22202-4210. Records of the contractor with 
whom the USMS has contracted for health services and records of 
individual licensed mental health providers with whom the contractor 
has subcontracted for health services, are located at the respective 
offices of these licensed providers. Addresses of these service 
providers may be obtained by contacting the USMS Employee Assistance 
Program (EAP) Office.

Categories of individuals covered by the system:
    Current and former employees of the USMS (and in limited cases, 
immediate family members) who have sought counseling or have been 
referred for counseling or treatment through the USMS EAP.

Categories of records in the system:
    Records of the USMS EAP Office, the contractor, and the 
subcontractors include written consent forms used to manage referrals 
and the exchange or flow of personal information, and account 
information such as billings and payments. (Where relevant, certain 
records may be duplicated in these offices.) Other records generally 
maintained by the USMS EAP Office, the contractor and subcontractors 
are described as follows:
    A. Records located in the USMS EAP Office include only records 
which may assist in managing and monitoring self referrals or 
management referrals, and participation in the EAP. Examples of such 
records are: The name, location and telephone number(s) of the 
employee, family member or supervisor manager who makes the initial 
contact with the EAP staff; the date and manner of initial contact, 
i.e., by telephone or in person; notes of presenting problem(s) upon 
initial contact with EAP staff; documents received from supervisors or 
personnel on work-lace problems or performance; insurance data; name 
and address of treatment facilities; number of sessions attended by the 
participating employee or family member; leave records; written consent 
forms, and abeyance/back-to-work agreements (made to mitigate adverse 
actions based upon treatment); information on confirmed, unjustified 
positive drug tests provides by the Drug Free Workplace Program and the 
Medical Review Officer under E.O. 12564; and ``sanitized'' audit 
records of the EAP/Contractor/Subcontractors Program. Records may also 
include any records which may assist in (1) assessing and counseling 
the individual on a short-term basis, and (2) identifying those 
individuals who may need long-term professional counseling, treatment 
and/or rehabilitation services. Records may also contain date of intake 
at the contractor and/or subcontractors; pertinent psychological, 
medical, employment and/or financial histories; address(es) and 
credentials of subcontractors providing short-term counseling; 
attendance at short-term counseling sessions; prognosis information; 
information of problem resolution through short-term counseling, and, 
if applicable, date closed. Records may also include recommendations 
and referrals to community resources for long-term counseling, 
treatment and/or rehabilitation programs beyond the services provided 
by the USMS EAP, contractor and/or subcontractors, including referrals 
for other assistance not related to financial concerns, or 
psychological or medical health.
    B. Records of the contractor and/or subcontractors include a 
statement of understanding, diagnostic evaluation, treatment plan, and 
a termination summary of all active clients. They may also include any 
records which may assist in (1) assessing and counseling the individual 
on a short-term basis, and (2) identifying those individuals who may 
need long-term professional counseling, treatment and/or rehabilitation 
services. Records of the contractor may also include any records which 
may assist in monitoring and evaluating the performance of various 
subcontractors outside the Washington, DC metropolitan area. Examples 
of contractor and/or subcontractor(s) records are: Personal identifying 
data on the employee and/or family member such as name, social security 
number, gender, home address and telephone number(s); notes and 
documentation of problem(s) presented upon initial contact with the 
contractor and/or subcontractor(s), date of intake at the contractor 
and/or subcontractor(s); pertinent psychological, medical, employment 
and/or financial histories; address(es) and credentials of 
subcontractor(s) providing short-term counseling; clinical notes and 
documentation on short-term counseling; attendance at short-term 
counseling sessions; prognosis information; information of problem 
resolution through short-term counseling, if applicable; date the case 
closed; information on confirmed, unjustified positive drug tests; and 
client employee/family member evaluations of services provided by the 
USMS EAP, the contractor and/or subcontractor(s). Records may also 
include recommendations and referrals to community resources for long-
term counseling, treatment and/or rehabilitation programs beyond the 
services provided by the USMS EAP, contractor and/or subcontractor(s), 
including referrals for other assistance not related to financial 
concerns, or psychological or medical health.
    C. Other records included in the system (and which may be 
duplicated by the USMS EAP and the contractor and/or subcontractor(s) 
offices, when relevant, necessary, and proper) are those obtained from 
specialized service providers (SSPs) with the written consent of the 
subject individuals.\1\ Generally, such records are limited to those 
which relate to attendance at sessions, prognosis for recovery, 
motivation, and progress toward recovery. However, where the record 
subject deems it necessary or desirable to furnish additional records, 
such records could include: medical tests and screenings; treatment and 
rehabilitation plans as well as behavioral improvement plans; notes and 
documentation on counseling; and relevant information pertaining to 
assistance provided on matters other

[[Page 60848]]

than financial concerns, or psychological or medical health.
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    \1\ SSPs are health service, community-based organizations, 
which offer long-term treatment and rehabilitation services. The 
USMS EAP and/or the contractor and/or subcontractors may recommend 
that the individual seek professional assistance beyond that 
provided by the USMS EAP Program contracted out with the contractor 
and/or subcontractors. Where the individual chooses to pursue 
further treatment, he may elect to provide the USMS EAP and/or the 
contractor and/or subcontractor(s) with such information as may be 
relevant to the back-to-work agreement.
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Authority for maintenance of the system:
    42 U.S.C. 290dd, et seq. and 290ee, et seq.; 42 CFR 2.1, et seq.; 
E.O. 12564, 5 U.S.C. 3301 and 7901; 44 U.S.C. 3101 and Pub. L. 100-71, 
sec. 503 (July 11, 1987).

Purpose(s):
    The EAP is a voluntary program designed to assist the employee in 
obtaining necessary help in handling personal problem(s) affecting job 
performance, and to provide emotional support and assistance during 
periods of crises, including those arising from traumatic work-related 
incidents. No records are maintained on traumatic work-related 
incidents. Records are maintained to document participation in the EAP 
program; the nature and effects of the employee's personal problem(s); 
and efforts to counsel the employee. Records may be used also to 
monitor compliance with abeyance and back-to-work agreements made to 
mitigate adverse actions based upon treatment. Routine uses of records 
maintained in the system, including categories of users and the purpose 
of such uses:
    In addition to those disclosures permitted by the Privacy Act 
itself, 5 U.S.C. 552a(b),\2\ permissive disclosures, without individual 
consent, are as follows:
    1. To the extent that it is appropriate, relevant, and necessary to 
enable the contractor and/or subcontractor(s) to perform counseling, 
referral and program performance evaluation responsibilities, the USMS 
will provide those records--identified in paragraph A of the ``Category 
of Records in the System'' to the contractor and/or subcontractor(s) 
who, on behalf of the USMS, maintain and operate a portion of this 
system of records--identified in paragraph B of the same caption.
    2. Either the USMS or the contractor and/or subcontractor(s) may 
disclose as follows: (a) To the appropriate State or local agency or 
authority to the extent necessary to comply with the laws governing 
reporting incidents of suspected child abuse or neglect, and (b) to 
Federal, State and/or local authorities or to any other entity or 
person to the extent necessary to prevent an imminent and potential 
crime which directly threatens loss of life or serious bodily injury.

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:
    Information is stored in locked metal safes.

Retrievability:
    Records are retrieved by name of employee and, in limited cases 
immediate family members.

Safeguards:
    In accordance with the requirements of 42 CFR 2.16, USMS EAP and 
contractor and subcontractors records are stored in secure environment. 
Access to USMS EAP records is restricted to designated USMS EAP 
personnel, except as otherwise permitted by law or with the written 
consent of the individual. Vouchers prepared to effect payment for 
services rendered by the contractor and/or subcontractors in 
performance of the contract do not contain individual identifiers. 
Invoices prepared by contractor and/or subcontractors located outside 
the Washington, DC metropolitan area are sent by first-class mail to 
the designated member(s) of the local contractor and/or subcontractors 
contracted with the USMS. In turn, invoices or other records prepared 
in support of payment vouchers which contain individual identifiers are 
hand-carried by the local contractor and/or subcontractors to the EAP 
Administrator who retains the supporting documentation. Records are 
maintained in locked metal safes. Entry to headquarters is restricted 
by 24-hour guard service to employees with official and electronic 
identification.
    Access to contractor and/or subcontractors records is restricted to 
a designated member(s) of the contractor and/or subcontractors, except 
as otherwise provided by law or with the written consent of the 
individual. Contractor and/or subcontractors records are stored in 
locked files also.

Retention and disposal:
    Records are retained for three years after the individual ceases 
contact with the USMS EAP and/or the contractor and/or subcontractor(s) 
unless a longer retention period is necessary because of pending 
administrative or judicial proceedings. In such cases, the records are 
retained for six months after the case is closed. At that time the 
records are destroyed by shredding (General Records Schedules 26 and 
36).

System manager(s) and address:
    Employee Assistance Program Administrator, Health and Safety Team, 
Human Resources Division, United Stats Marshals Service, 600 Army Navy 
Drive, Arlington, Virginia 22202-4210.

Notification procedure:
    Same as ``Record access procedures.''

Record access procedures:
    Address all requests for access to the USMS EAP records (identified 
in paragraphs A and C of ``Category of records in the system'') in 
writing to system manger identified above. Address all requests for 
records maintained by the contractor and/or subcontractors (identified 
in paragraph B of the same caption) to these service providers. 
Address(es) of these service providers may be obtained by contacting 
the USMS EAP Office. Clearly mark the envelope and letter ``Privacy Act 
Request.'' Clearly indicate the name of the requester, nature of the 
record sought, and approximate date of the record. In addition, provide 
the required verification of identity (28 CFR 16.41(d)) and a return 
address for transmitting the information.

Contesting record procedures:
    Direct all requests to contest or amend information in accordance 
with the procedures outlined under ``Record access procedures.'' 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 Amendment Request.''

Record source categories:
    Records are generated by the employee who is the subject of the 
record; USMS EAP personnel; the contractor and/or subcontractor(s), and 
the SSP; the USMS Human Resources Division; and the employee's 
supervisor. In the case of a confirmed, unjustified positive drug test, 
records may also be generated by the staff of the Drug-Free Workplace 
Program and the Medical Review Officer.

Exemptions claimed for the system:
    None.
JUSTICE/USM-016

System name:
    U.S. Marshal Service (USMS) Key Control Record System.

Security classification:
    Limited Official Use.

System location:
    Office of Security, Executive Services Division, United States 
Marshals Service, 600 Army Navy Drive, Arlington, Virginia 22202-4210.

[[Page 60849]]

Categories of individuals covered by the system:
    Current and former employees of the USMS who have been issued 
office keys for USMS Headquarters locations.

Categories of records in the system:
    Records contained in this system consist of an automated index 
which includes the name of the employee to whom a key is issued; the 
social security number (only when two or more employees have identical 
names, including middle initial); unique key identification code 
number; key type (e.g., grand master, master, submaster, change); 
storage container hook number; description (e.g., number 
identification) of door(s), room(s), and/or area(s) the key opens or 
accesses; transactions type and/or status (e.g., key issued, 
transferred, retrieved, lost, broken) and transaction date; and, any 
other appropriate comment, e.g., comments regarding key, door, room, 
area, etc. In addition, a manual index with abbreviated data is 
maintained as a backup system. This manual index includes the room/
suite number, the name of the employee to whom a key is issued, the key 
identification code number, and date(s) of issuance and retrieval.

Authority for maintenance of the system:
    5 U.S.C. 301 and 44 U.S.C. 3101.

Purpose(s):
    The USMS Key Control Record System serves as a record of keys 
issued and facilitates continuing security at USMS Headquarters 
locations. Records are maintained to assist in restricting office and 
work area access to authorized USMS personnel by controlling, 
monitoring and tracking keys issued. In addition, the records assist in 
identifying any repairs, changes, or additional security measures that 
may be necessary as a result of lost or broken keys.

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) In the event that a record(s) indicate a violation of potential 
violation of law, whether civil, criminal, or regulatory in nature, and 
whether arising by general statute or particular program statute, or by 
rule, regulation, or order pursuant thereto, the relevant record(s) may 
be disclosed to the appropriate agency, whether Federal, State, or 
local, charged with the responsibility of investigating or prosecuting 
such violation, and/or charged with enforcing or implementing such 
statute, rule, regulation or order;
    (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 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;
    (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.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Automated index records are stored on magnetic disks. Paper copies 
of automated records are kept in file folders and original paper 
records of the manual index are stored in card files.

Retrievability:
    Records are retrieved by name of the individuals covered by the 
system.

Safeguards:
    Access to these records is restricted to personnel of the USMS, 
Office of Security. Computerized records may be accessed only by 
assigned code and password. Paper records are located in a restricted 
area and are maintained in metal filing cabinets or safes which are 
locked during non-duty hours.

Retention and disposal:
    Records are retained for three years after turn-in of the key at 
which time they are destroyed (General Records Schedule 18).

System manager(s) and address:
    Chief, Office of Security, Executive Services Division, United 
States Marshals Service, 600 Army Navy Drive, Arlington, Virginia 
22202-4210.

Notification procedure:
    Same as the ``Records access procedures.''

Record access procedures:
    Make all requests for access in writing and clearly mark letter and 
envelope ``Freedom of Information/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 listed 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 ``Freedom 
of Information/Privacy Act Request.''

Record source categories:
    Information contained in this system is collected from the 
individual and the system manager.

Exemptions claimed for the system:
    None.

[FR Doc. 99-28631 Filed 11-5-99; 8:45 am]
BILLING CODE 4410-AR-M

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[Proposed Rules]               
[Page 60753]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08no99-31]                         

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DEPARTMENT OF JUSTICE

28 CFR Part 16

[AAG/A Order No. 178-99]

 
Privacy Act of 1974; Implementation

AGENCY: Department of Justice.

ACTION: Proposed Rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Justice proposes to further exempt the 
United States Marshals Service Internal Affairs System, JUSTICE/USM-
002, from subsections (e)(1) and (e)(5) of the Privacy Act pursuant to 
5 U.S.C. 552a(j)(2), (k)(2) and (k)(5). This system is currently exempt 
from subsections (c)(3) and (4), (d), (e)(2) and (3), (e)(4)(G) and 
(H), (e)(8), (f) and (g) pursuant to subsections (j)(2) and (k)(5). In 
addition to records compiled during the course of investigations of 
allegations of misconduct or criminal violations by USMS personnel, 
this system also contains records compiled for law enforcement 
investigations related to actual or potential civil and regulatory 
violations. The additional exemptions are necessary to avoid 
interference with such law enforcement investigations and to protect 
the privacy of third party individuals. The reasons for the exemptions 
are set forth in the text below.

DATES: Submit any comments by December 8, 1999.

ADDRESSES: Address written comments to the Department of Justice, ATTN: 
Mary E. Cahill, Management and Planning Staff, Justice Management 
Division, Washington, DC 20530 (Room 1400, NPB).

FOR FURTHER INFORMATION CONTACT: Mary E. Cahill at (202) 307-1823.

SUPPLEMENTARY INFORMATION: The United States Marshals Service Internal 
Affairs System, JUSTICE/USM-002, is being published in full text in the 
Notice section of today's Federal Register.
    This order relates to individuals rather than small business 
entities. Nevertheless, pursuant to the requirements of the Regulatory 
Flexibility Act, 5 U.S.C. 601-612, it is hereby stated that the order 
will not have a ``significant impact on a substantial number of small 
entities.''

List of Subjects in 28 CFR Part 16

    Administrative practice and procedure, Courts, Freedom of 
Information Act, Government in the Sunshine Act, and the Privacy Act.

    Dated: October 22, 1999.
Janis A. Sposato,
Acting Assistant Attorney General for Administration.
    Pursuant to the authority vested in the Attorney General by 5 
U.S.C. 552a and delegated to me by Attorney General Order No. 793-78, 
it is proposed to amend 28 CFR part 16 as follows:

PART 16--[AMENDED]

    1. The authority for part 16 continues to read as follows:

    Authority: 5 U.S.C. 301, 552, 552a, 552b(g), 553; 18 U.S.C. 
4203(a)(1); 28 U.S.C. 509, 510, 534; 31 U.S.C. 3717, 9701.

    2. It is proposed to amend 28 CFR 16.101 by revising paragraphs (e) 
introductory text, (e)(1), (f)(1), and (f)(3); by redesignating 
paragraphs (f)(7), (f)(8) and (f)(9) as paragraph (f)(8), (f)(9) and 
(f)(10) and adding new paragraph (f)(7) to read as follows:


Sec. 16.101  Exemption of U.S. Marshals Service Systems--limited 
access, as indicated

* * * * *
    (e) The following system of records is exempt from 5 U.S.C. 552a 
(c) (3) and (4), (d), (e) (1), (2) and (3), (e) (4) (G) and (H), 
(e)(5), (e)(8), (f) and (g).
    (1) Internal Affairs System (JUSTICE/USM-002)--Limited access.
    These exemptions apply only to the extent that information in this 
system is subject to exemption pursuant to 5 U.S.C. 552a (j)(2), (k)(2) 
or (k)(5). Where compliance would not interfere with or adversely 
affect the law enforcement process, the USMS may waive the exemptions, 
either partially or totally.
    (f) * * *
    (1) From subsections (c)(3) and (d) to the extent that release of 
the disclosure accounting may impede or interfere with civil or 
criminal law enforcement efforts, reveal a source who furnished 
information to the Government in confidence, and/or result in an 
unwarranted invasion of the personal privacy of collateral record 
subjects or other third party individuals.
* * * * *
    (3) From subsection (e)(1) to the extent that it is necessary to 
retain all information in order not to impede, compromise, or interfere 
with civil or criminal law enforcement efforts, e.g., where the 
significance of the information may not be readily determined and/or 
where such information may provide leads or assistance to Federal and 
other law agencies in discharging their law enforcement 
responsibilities.
* * * * *
    (7) From subsection (e)(5) because in the collection of information 
for law enforcement purposes it is impossible to determine in advance 
what information is accurate, relevant, timely and complete. With the 
passage of time, seemingly irrelevant or untimely information may 
acquire new significance and the accuracy of such information can only 
be determined in a court of law. The restrictions imposed by subsection 
(e)(5) would restrict the ability to collect information for law 
enforcement purposes and interfere with the preparation of a complete 
investigative report or otherwise impede effective law enforcement.
* * * * *
[FR Doc. 99-28630 Filed 11-5-99; 8:45 am]
BILLING CODE 4410-AR-M

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[Notices]               
[Page 60849-60852]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08no99-105]                         

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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.

-----------------------------------------------------------------------

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

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