Privacy Act of 1974; System of Records

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