Privacy Act of 1974; Notice of New System of Records

DEPARTMENT OF JUSTICE

[AAG/A Order No. 93-94]

Privacy Act of 1974; Notice of New System of Records

Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), notice is

given that the Justice Management Division, Department of Justice,

proposes to establish a new system of records entitled ``Office of

General Counsel (OGC) Correspondence and Advice Tracking System

(CATS).''

Title 5 U.S.C. 552a(e) (4) and (11) provide that the public be

provided a 30-day period in which to comment on the routine uses of a

system of records. The Office of Management and Budget (OMB), which has

oversight responsibility under the Act, requires that it have 40-days

in which to review the system.

Therefore, please submit any comments by October 11, 1994. The

public, OMB, and the Congress are invited to send written comments to

Richard P. Theis, Esq., Office of General Counsel, Justice Management

Division, Department of Justice, Washington, D.C. 20530 (Room 6313,

Main Building).

In accordance with 5 U.S.C. 552a(r), the Department of Justice has

provided a report on the proposed system to OMB and the Congress.

Dated: August 18, 1994.

Stephen R. Colgate,

Assistant Attorney General for Administration.

Justice/JMD-011

``Office of General Counsel (OGC) Correspondence and Advice

Tracking System (CATS).

United States Department of Justice (DOJ), Justice Management

Division, Office of General Counsel (OGC), Main Building, Washington,

D.C. 20530.

Individual(s) who have written to OGC; litigants in actions

involving the Justice Management Division; individuals requesting,

through their congressional representatives, information about matters

pertaining to JMD; contractors doing business with JMD; individuals

corresponding with DOJ on matters related to the Newspaper Preservation

Act; and individuals who are specifically identified in the subject

matter heading of the correspondence/requests for advice received by

OGC.

Generally, OGC receives requests for legal assistance and provides

legal advice. In addition, OGC conducts legal sufficiency reviews;

responds to public and congressional inquiries; reviews financial

disclosure forms; conducts administrative litigation; and prepares

legal guidance on a variety of subjects and serves as clerk to the

Assistant Attorney General for Administration on matters relating to

the Newspaper Preservation Act. Also, OGC receives and reviews

summonses and complaints and determines whether a suit names the

Attorney General in an individual capacity.

Documents received that initiate, or respond, to requests for OGC

assistance, become the subject of reports that OGC stores

electronically in the system. Each report contains a number of

identifiers, (i.e., fields of data), that, when queried by name or

title (e.g., name of correspondent, control number, record date, name

of staff assigned to a record, record type (e.g., letter, memorandum,

pleading, etc.)), allows the user to search information stored in the

system, and to determine the status of assignments within OGC. OGC

creates a report for most correspondence received.

5 U.S.C. Sec. 301.

The Correspondence and Advice Tracking System provides OGC with the

capability to control and track most of the correspondence and requests

for assistance. The electronic programming allows OGC staff to search

quickly through CATS and ascertain a variety of information about the

records. For example, OGC staff can direct CATS to search a specific

field of data maintained about a record, and identify the OGC staff

member assigned to the matter, or ascertain the date upon which an OGC

staff member must take an action with respect to the record matter.

Similarly, a CATS search can reveal if a matter in the OGC assignment

inventory has been completed, or has left the office for review by

another Department of Justice component. OGC staff using CATS can

insure timely responses to requests for legal advice; eliminate the

need of duplicative efforts on similar issues; and use it as a

management tool in allocating resources among OGC staff and evaluating

the performance of individuals assigned to matters; and/or take any

other action required. Information maintained that comes within the

coverage of the Privacy Act, will be provided by the individual under

most circumstances. For example, when a person files suit against the

Attorney General, OGC will create a report in CATS to acknowledge the

receipt of the suit, and include in the report the name of the

plaintiff.

Use of CATS is limited to OGC staff, and DOJ officials who need

access to perform official duties. OGC staff uses the records in CATS,

primarily, for managing the flow of work within OGC; secondarily, for

tracking the movement of documents between offices within DOJ; and,

thirdly, to assist in the evaluation of OGC employee performance. OGC

would not disclose relevant information when using the records in these

ways because only those whose duties require access obtain disclosure.

OGC may disclose relevant information from this system as follows:

(a) To other Federal agencies, or to State and local governments

where the record(s) concerns a matter which is also within the

jurisdiction of such agency, or of which such agency may otherwise have

a responsibility and only if such disclosure is appropriate to assure

complete action on the matter.

(b) To individuals, information about the date and circumstances of

service of process on the Attorney General where disclosure is deemed

necessary to evidence the filing of such a suit.

(c) In a proceeding before a court or administrative body before

which DOJ appears and when such records are determined by DOJ, or the

adjudicator, to be arguably relevant to the proceeding.

(d) To a Member of Congress, or staff of a member acting upon the

member's behalf, when the Member or staff requests the information on

behalf of, and at the request of, an 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.

(f) To the news media and the public pursuant to 28 C.F.R.

Sec. 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.

The system, a computerized data base, is stored on hard or floppy

disks, and any printed copy(ies) of records in the system may be stored

in binders, or folders that are maintained by OGC staff within the

offices of OGC.

Data in the system are indexed by a number of identifiers (i.e.,

fields of data), such as the date of the incoming correspondence;

subject matter; name of transmitting office/individual; name of OGC

staff person handling the matter; control numbers assigned to the

record by OGC and/or the JMD Executive Secretariat; date of making the

record; record type, (e.g., request for legal assistance, contract

review, ethics, etc.); response due date, if any; etc.

Use of one, or more, of these identifiers, including a field

containing the name of an individual, permits a computerized search of

the data base, and the retrieval of a particular record(s).

OGC maintains on the system unclassified data only. Access to

information stored in the automated data bases of the system requires

the use of the proper passwords and user identification codes. Hard

copies of records produced from the data base are maintained in the

possession of the Systems Manager. Only those OGC personnel who require

access to perform their official duties may access the information in

the system.

Pursuant to the National Archives and Records Service, General

Records Schedule 23, Item 8, OGC shall destroy or delete the

computerized reports that make up the system when those reports are no

longer needed.

General Counsel, Justice Management Division, U.S. Department of

Justice, Main Building, Room 6313, Washington, D.C. 20530.

Address requests to the system manager identified immediately

above. To obtain a specific record, provide the system manager with the

name of the individual who corresponded with OGC and the date of the

correspondence, and describe the subject matter of the correspondence.

Address requests to the system manager identified above and clearly

mark the request as a ``Privacy Access Request.''

Address a contest to the information retained in the system, or a

request to amend such record(s) to the system manager identified above,

and provide a clear and concise statement of the information being

contested, the reasons for making the contest, and state how the

proposed amendment should amend the record(s).

OGC personnel enter into the system information obtained from

staffs within the Justice Management Division, other components of DOJ,

other Federal agencies, Congressional offices, the general public,

parties to litigation in which DOJ or the Justice Management Division

is involved.

None.

[FR Doc. 94-22333 Filed 9-8-94; 8:45 am]

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