Privacy Act of 1974; Systems of Records, 33515-33534 [E7-11543]
Download as PDF
Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Notices
invasion of privacy. Unsupported
assertions will not meet this burden. In
the absence of exceptional,
documentable circumstances, this
information will be released. We will
always make submissions from
organizations or businesses, or from
individuals identifying themselves as
representatives or officials of
organizations or businesses, available
for public inspection in their entirety. If
you wish to review a copy of the
Regional Plans, please contact Ms.
Laurie Sharp to find the office nearest
you.
Dated: May 9, 2007.
Richard J. Woodley,
Regional Resources Manager, Mid-Pacific
Region, Bureau of Reclamation.
[FR Doc. E7–11689 Filed 6–15–07; 8:45 am]
BILLING CODE 4310–MN–P
DEPARTMENT OF JUSTICE
[AAG/A Order No. 019–2007]
Privacy Act of 1974; Systems of
Records
United States Marshals Service,
Department of Justice.
ACTION: Notice of modified systems of
records.
jlentini on PROD1PC65 with NOTICES
AGENCY:
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 November 8, 1999
(64 FR 60832–52), except as otherwise
set forth below under the caption
SUPPLEMENTARY INFORMATION.
DATES: Title 5 U.S.C. 552a(e)(4) and (11)
provide that the public be given a 30day 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. Please submit any comments
by July 30, 2007. The proposed changes
will be effective on that date, 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), facsimile number 202–307–
1853.
VerDate Aug<31>2005
18:19 Jun 15, 2007
Jkt 211001
Ed
Bordley, Attorney-Advisor, USMS, at
202–307–8571.
SUPPLEMENTARY INFORMATION:
Modifications to the USMS systems of
records include: Updates to addresses
for the systems locations and systems
managers’ locations; corrections to
office designations for systems locations
and titles of systems managers; revisions
to reduce redundancy and increase
clarity; additions or changes to more
accurately describe the systems’
categories of individuals, purposes,
categories of records and record source
categories; clarifications to existing
routine uses; additions to the routine
uses; updates to the retention and
disposal sections; and additions to data
elements omitted from previous notices.
Specific changes for each USMS system
of records notice are set forth below:
USMS Badge & Credentials File,
Justice/USM–001: The system location
and system manager location address
have been updated. The section on
categories of individuals covered by the
system has been changed. Routine uses
have been added and the others revised.
An element has been added under
storage. Under record source categories,
the category ‘‘individuals for whom the
badges/credentials were made’’ was
added.
USMS Internal Affairs System,
Justice/USM–002: The system location
and system manager location address
have been updated; the system
manager’s designation has also been
changed. The record categories
designation was modified to reflect the
change in the system manager’s
designation. The categories of
individuals and record source categories
were expanded to be more specific.
Routine uses have been added and the
others revised.
Special Deputation Files, Justice/
USM–004: The system location and
system manager location address has
been updated; the system manager’s
designation has also been changed. The
categories of individuals covered
designation has been expanded to be
more specific. Minor revisions were
made to the categories of records.
Routine uses have been added and the
others revised. The record source
categories subdivision has been revised
to include individual applicants.
USMS Prisoner Processing and
Population Management/Prisoner
Tracking System (PPM/PTS), Justice/
USM–005, last published in the Federal
Register on April 28, 2004 (69 FR
23213): The system manager designation
has been changed. New categories have
been added to the categories of
FOR FURTHER INFORMATION CONTACT:
PO 00000
Frm 00071
Fmt 4703
Sfmt 4703
33515
individuals covered. Under routine
uses, the markers have been changed
from numeric to alpha characters to
match the other system notices. Three
routine uses were removed to eliminate
redundancy; and one was added. The
record source categories designation
was revised to reflect the changes in the
individual categories.
USMS Training Files, Justice/USM–
006: The primary system location and
system manager location address have
been updated. The wording has been
changed for the categories of individuals
covered. Routine uses have been added
and minor revisions made to others. The
retention and disposal period has been
corrected.
Witness Security Files Information
System, Justice/USM–008: The system
location and system manager location
address have been updated. The section
on categories of individuals covered has
been expanded to include potential
witnesses and witnesses’ or potential
witnesses’ families; the wording has
also been changed. The categories of
records has been revised to reflect the
changes made in the categories of
individuals. Routine uses have been
added and one routine use has been
removed. The retention and disposal
category has been corrected; the record
source categories have also been
modified.
Inappropriate Communications/
Threat Information System (IC/TIS),
Justice/USM–009: The primary system
location and system manager location
address have been updated. Routine
uses were added and minor revisions
made to the others. The retention and
disposal category has been corrected.
The record source categories have been
revised to include the threat or
inappropriate communication initiator.
Judicial Facility Security Index
System, Justice/USM–010: The system
location and system manager location
address have been updated. ‘‘USMS
facilities’’ has been added to the
categories of individuals covered.
Routine uses were added and minor
revisions made to the others.
‘‘Contractor’’ has been added to the
retrievability category.
Judicial Protection Information
System, Justice/USM–011: The system
location and system manager location
address have been updated. A
‘‘Decentralized Segment’’ has also been
added under system location. Routine
uses have been added and minor
revisions made to the others. The record
source category has been reworded.
U. S. Marshals Service Administrative
Proceedings, Claims, and Civil Litigation
Files, Justice/USM–013: The system
location and system manager location
E:\FR\FM\18JNN1.SGM
18JNN1
33516
Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Notices
address have been updated. Routine use
(f) was reworded. Routine uses were
added and minor revisions made to the
others.
USMS Key Control Record System,
Justice/USM–016: The system location
address has been updated and a
decentralized location added. The
system manager has also been changed.
The categories of individuals covered
was modified to reflect the
decentralized location change. The
record categories designation was
changed to eliminate redundancy.
Routine uses were added and minor
revisions made to others.
Judicial Security Staff Inventory
System, USMS–017: The system location
and system manager location address
have been updated. The categories of
individuals covered has been expanded
to include contract employees and other
individuals. Routine uses have been
added and minor revisions made to the
others.
USMS Alternative Dispute Resolution
(ADR) Files and Database Tracking
System, USM–018: The system location
and system manager location address
have been updated. Routine uses have
been added and minor revisions made
to the others.
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 found below.
Dated: June 5, 2007.
Lee J. Lofthus,
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, CS–3,
Washington, DC 20530–1000.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
jlentini on PROD1PC65 with NOTICES
Current and former U.S. Marshals
Service (USMS) personnel, other federal
employees, and student volunteers or
other workers when they are performing
work for the USMS.
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
VerDate Aug<31>2005
19:01 Jun 15, 2007
Jkt 211001
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
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 any criminal, civil, or
regulatory law enforcement authority
(whether federal, state, territorial, local,
tribal, or foreign) where the information
is relevant to the recipient entity’s law
enforcement responsibilities;
(b) In an appropriate proceeding
before a court, grand jury, or
administrative or adjudicative body,
when the Department of Justice
determines that the records are arguably
relevant to the proceeding; or in an
appropriate proceeding before an
administrative or adjudicative body
when the adjudicator determines the
records to be relevant to the proceeding;
(c) To contractors, grantees, experts,
consultants, students, and others
performing or working on a contract,
service, grant, cooperative agreement, or
other assignment for the Federal
Government when necessary to
accomplish an agency function related
to this system of records;
(d) To the news media and the public,
including disclosures 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 for purposes of
records management inspections
conducted under the authority of 44
U.S.C. 2904 and 2906;
(g) To an actual or potential party to
litigation or the party’s authorized
representative for the purpose of
negotiation or discussion of such
matters as settlement, plea bargaining,
or in informal discovery proceedings;
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
(h) Where a record, either alone or in
conjunction with other information,
indicates a violation or potential
violation of law—criminal, civil, or
regulatory in nature—the relevant
records may be referred to the
appropriate federal, state, territorial,
local, tribal, or foreign law enforcement
authority or other appropriate entity
charged with the responsibility for
investigating or prosecuting such
violation or charged with enforcing or
implementing such law;
(i) To appropriate officials and
employees of a federal agency or entity
which requires information relevant to a
decision concerning the hiring,
appointment, or retention of an
employee; the issuance, renewal,
suspension, or revocation of a security
clearance; the execution of a security or
suitability investigation; the letting of a
contract; or the issuance of a grant or
benefit.
(j) To a former employee of the
Department for purposes of: responding
to an official inquiry by a federal, state,
territorial, or local government entity or
professional licensing authority, in
accordance with applicable Department
regulations; or facilitating
communications with a former
employee that may be necessary for
personnel-related or other official
purposes where the Department requires
information and/or consultation
assistance from the former employee
regarding a matter within that person’s
former area of responsibility;
(k) To appropriate agencies, entities,
and persons when (1) the Department
suspects or has confirmed that the
security or confidentiality of
information in the system of records has
been compromised; (2) the Department
has determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by the
Department or another agency or entity)
that rely upon the compromised
information; and (3) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
in connection with the Department’s
efforts to respond to the suspected or
confirmed compromise and prevent,
minimize, or remedy such harm.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
Records in this system are not
appropriate for disclosure to consumer
reporting agencies.
E:\FR\FM\18JNN1.SGM
18JNN1
Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Notices
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
JUSTICE/USM–002
STORAGE:
Records are kept in standard folders
and kept electronically.
SYSTEM NAME:
RETRIEVABILITY:
SECURITY CLASSIFICATION:
Records are indexed and retrieved by
the individual’s name and numerical
order of badges and credentials.
SAFEGUARDS:
Access is 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.
Records are kept for duration of
employee’s tenure in the service.
Records are destroyed when superseded
or obsolete.
SYSTEM MANAGER(S) AND ADDRESS:
Assistant Director, Human Resources
Division, United States Marshals
Service, CS–3, Washington, DC 20530–
1000.
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:
jlentini on PROD1PC65 with NOTICES
Individuals desiring to contest or
amend information maintained in the
system should direct their request to the
address of the System Manager listed
above, Attention: FOI/PA Officer,
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 and the individuals
for whom the badges/credentials are
made.
18:19 Jun 15, 2007
Limited Official Use.
SYSTEM LOCATION:
United States Marshals Service
(USMS), Operations Support Division,
CS–3, Washington, DC 20530–1000.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
USMS employees reported for or
investigated for alleged misconduct.
CATEGORIES OF RECORDS IN THE SYSTEM:
RETENTION AND DISPOSAL:
VerDate Aug<31>2005
Internal Affairs System.
Jkt 211001
The Internal Affairs System contains
statements of the investigator and
witnesses, exhibits and reports of
investigations prepared by the Office of
Inspection, 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 and/or victims to
the extent necessary to provide such
persons with information and
explanations concerning the progress
and/or results of the investigation or
case arising from the matters of which
they complained and/or of which they
were a victim;
(b) Where a record, either alone or in
conjunction with other information,
indicates a violation or potential
violation of law—criminal, civil, or
regulatory in nature—the relevant
records may be referred to the
appropriate federal, state, local,
territorial, tribal, or foreign law
enforcement authority or other
appropriate entity charged with the
responsibility for investigating or
prosecuting such violation or charged
with enforcing or implementing such
law;
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
33517
(c) To any person or entity that the
USMS Office of Internal Investigations
has reason to believe possesses
information regarding a matter within
the jurisdiction of the USMS Office of
Internal Investigations, to the extent
deemed to be necessary by the Office in
order to elicit such information or
cooperation from the recipient for use in
the performance of an authorized
activity;
(d) To contractors, grantees, experts,
consultants, students, and others
performing or working on a contract,
service, grant, cooperative agreement, or
other assignment for the Federal
Government, when necessary to
accomplish an agency function related
to this system of records;
(e) To appropriate officials and
employees of a federal agency or entity
which requires information relevant to a
decision concerning the hiring,
appointment, or retention of an
employee; the issuance, renewal,
suspension, or revocation of a security
clearance; the execution of a security or
suitability investigation; the letting of a
contract; or the issuance of a grant or
benefit;
(f) In an appropriate proceeding
before a court, grand jury, or
administrative or adjudicative body,
when the Department of Justice
determines that the records are arguably
relevant to the proceeding; or in an
appropriate proceeding before an
administrative or adjudicative body
when the adjudicator determines the
records to be relevant to the proceeding;
(g) To the news media and the public,
including disclosures 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 for purposes of
records management inspections
conducted under the authority of 44
U.S.C. 2904 and 2906;
(j) To a former employee of the
Department for purposes of: responding
to an official inquiry by a federal, state,
territorial or local government entity or
professional licensing authority, in
accordance with applicable Department
regulations; or facilitating
communications with a former
employee that may be necessary for
personnel-related or other official
purposes where the Department requires
E:\FR\FM\18JNN1.SGM
18JNN1
33518
Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Notices
information and/or consultation
assistance from the former employee
regarding a matter within that person’s
former area of responsibility;
(k) To an actual or potential party to
litigation or the party’s authorized
representative for the purpose of
negotiation or discussion of such
matters as settlement, plea bargaining,
or in informal discovery proceedings.
(l) To appropriate agencies, entities,
and persons when (1) the Department
suspects or has confirmed that the
security or confidentiality of
information in the system of records has
been compromised; (2) the Department
has determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by the
Department or another agency or entity)
that rely upon the compromised
information; and (3) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
in connection with the Department’s
efforts to respond to the suspected or
confirmed compromise and prevent,
minimize, or remedy such harm.
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 the
employee’s name 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:
jlentini on PROD1PC65 with NOTICES
Records are transferred to the
Washington National Records Center
three years after the case or
investigation is closed, and destroyed 10
years after the close of the case or
investigation.
Chief, Office of Inspection, Operations
Support Division, U.S. Marshals
Service, CS–3, Washington DC 20530–
1000.
18:19 Jun 15, 2007
Jkt 211001
SYSTEM LOCATION:
Same as the ‘‘Records access
procedures.’’
United States Marshals Service
(USMS), Investigative Services Division,
CS–4, Washington, DC 20530–1000.
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
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 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:
Sources of information contained in
this system are the individuals covered
by the system, individuals and entities
contacted by investigators, and
government records.
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), (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. See 28 CFR 16.101.
JUSTICE/USM–004
SYSTEM NAME:
SYSTEM MANAGER(S) AND ADDRESS:
VerDate Aug<31>2005
NOTIFICATION PROCEDURE:
Special Deputation Files.
SECURITY CLASSIFICATION:
Limited Official Use.
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Federal, state and local law
enforcement employees; physical
security and personal protection
employees; USMS employees; and
USMS contract personnel appointed to
perform the functions of Deputy U.S.
Marshals.
CATEGORIES OF RECORDS IN THE SYSTEM:
Special Deputation files contain
agency request letters, individual
applications for special deputation,
notifications to local U.S. Marshal to
swear in special deputies, copies of oath
of office and credentials of persons
utilized as deputy marshals.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
28 CFR subpart T, 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. 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 a federal, state or local law
enforcement agency regarding that
agency’s USMS deputized employees;
(b) In an appropriate proceeding
before a court, grand jury, or
administrative or adjudicative body,
when the Department of Justice
determines that the records are arguably
relevant to the proceeding; or in an
appropriate proceeding before an
administrative or adjudicative body
when the adjudicator determines the
records to be relevant to the proceeding;
(c) To contractors, grantees, experts,
consultants, students, and others
performing or working on a contract,
service, grant, cooperative agreement, or
other assignment for the Federal
Government, when necessary to
accomplish an agency function related
to this system of records;
(d) To the news media and the public,
including disclosures pursuant to 28
E:\FR\FM\18JNN1.SGM
18JNN1
jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Notices
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 for purposes of
records management inspections
conducted under the authority of 44
U.S.C. 2904 and 2906;
(g) Where a record, either alone or in
conjunction with other information,
indicates a violation or potential
violation of law—criminal, civil, or
regulatory in nature—the relevant
records may be referred to the
appropriate federal, state, local,
territorial, tribal, or foreign law
enforcement authority or other
appropriate entity charged with the
responsibility for investigating or
prosecuting such violation or charged
with enforcing or implementing such
law;
(h) To an actual or potential party to
litigation or the party’s authorized
representative for the purpose of
negotiation or discussion of such
matters as settlement, plea bargaining,
or in informal discovery proceedings;
(i) To appropriate officials and
employees of a federal agency or entity
which requires information relevant to a
decision concerning the hiring,
appointment, or retention of an
employee; the issuance, renewal,
suspension, or revocation of a security
clearance; the execution of a security or
suitability investigation; the letting of a
contract; or the issuance of a grant or
benefit;
(j) A record may be disclosed to
designated officers and employees of
state, territorial, local (including the
District of Columbia), or tribal law
enforcement or detention agencies in
connection with the hiring or continued
employment of an employee or
contractor, where the employee or
contractor would occupy or occupies a
position of public trust as a law
enforcement officer or detention officer
having direct contact with the public or
with prisoners or detainees, to the
extent that the information is relevant
and necessary to the recipient agency’s
decision;
(k) To a former employee of the
Department for purposes of: responding
to an official inquiry by a federal, state,
or local government entity or
professional licensing authority, in
accordance with applicable Department
VerDate Aug<31>2005
18:19 Jun 15, 2007
Jkt 211001
regulations; or facilitating
communications with a former
employee that may be necessary for
personnel—related or other official
purposes where the Department requires
information and/or consultation
assistance from the former employee
regarding a matter within that person’s
former area of responsibility;
(l) To appropriate agencies, entities,
and persons when (1) the Department
suspects or has confirmed that the
security or confidentiality of
information in the system of records has
been compromised; (2) the Department
has determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by the
Department or another agency or entity)
that rely upon the compromised
information; and (3) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
in connection with the Department’s
efforts to respond to the suspected or
confirmed compromise and prevent,
minimize, or remedy such harm.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
Records in this system are not
appropriate for disclosure to consumer
reporting agencies.
33519
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 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 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:
Information is derived from
individual applicants and agencies
requesting special deputations.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
JUSTICE/USM–005
SYSTEM NAME:
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING AND
DISPOSING OF RECORDS IN THE SYSTEM:
U.S. Marshals Service Prisoner
Processing and Population
Management/Prisoner Tracking System
(PPM/PTS).
STORAGE:
SECURITY CLASSIFICATION:
Records are filed in standard file
cabinets. Duplicate copies of paper
records are stored on magnetic discs.
SYSTEM LOCATION:
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 are cut off annually upon
expiration and destroyed when they are
five years old.
SYSTEM MANAGER(S) AND ADDRESS:
Chief of Special Deputation Unit,
Investigative Services Division, U.S.
Marshals Service, CS–4, Washington,
DC 20530–1000.
NOTIFICATION PROCEDURES:
Same as the ‘‘Records access
procedures.’’
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
Limited Official Use.
Primary System: Witness Security and
Prisoner Operations, U.S. Marshals
Service, 11th Floor, CS–4, Washington,
DC 20530–1000.
Decentralized Segments: Each district
office of the U.S. Marshals Service
(USMS) maintains only 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 at (https://
www.usmarshals.gov).
Centralized Segment: The Contractor
with whom the USMS has contracted to
establish and manage a nationwide
integrated health care delivery system
and to process and pay medical claims
will maintain a single site for
appropriate paper documents (e.g.,
invoices) and automated files online
related to these activities (e.g., names
and addresses of hospitals, physicians
and other health care providers and
support service systems).
E:\FR\FM\18JNN1.SGM
18JNN1
33520
Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Notices
Medical Records: Records generated
by community physicians, hospitals,
and ancillary support service systems
developed by the Contractor as
participants in the Preferred Provider
Network (PPN) to deliver health care
services for USMS prisoners are
maintained by the respective offices of
these licensed providers. Addresses of
these licensed providers may be
obtained by contacting the USMS Office
of Interagency Medical Services (OIMS),
Prisoner Services Division at the
address above.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Arrestees, fugitives, prisoners, and
other individuals under custody of the
USMS and prisoner health care services
providers under the USMS Managed
Health Care Contract.
jlentini on PROD1PC65 with NOTICES
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 individual taken
into the U.S. Marshals Service’s custody
including identifying data, reason for
U.S. Marshal custody (e.g., Federal
indictment, complaint, or writ), the
court disposition of charges, custody
dates, and institutions to which
individuals are committed or housed.
The records also encompass 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
VerDate Aug<31>2005
18:19 Jun 15, 2007
Jkt 211001
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;
names of health care providers at the
housing unit, social workers, attorneys,
family members and USMS contact
personnel; special issue or treatment
notices; names and addresses of
community treatment facilities,
physicians and other community health
care providers and support service
systems, dates of service, provider tax
identification numbers; medical care
given, cost of care, and billing records.
Medical records generated by health
care providers may be included in this
system of records, as necessary for
continuity of care/appropriate care 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 individuals in USMS’s custody.
Medical records included in this system
assist consultation and coordination
between the USMS district office, the
housing unit, treatment facility, health
care provider, transportation facility,
and other Federal agencies, e.g., BOP, to
ensure that prisoners in custody of the
U.S. Marshals 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:
Records or information may be
disclosed:
(a) To other federal, state, local or
foreign law enforcement agencies;
contractors and/or subcontractors;
contract detention or medical facilities;
and health care providers to protect and
ensure the safety and/or health of
PO 00000
Frm 00076
Fmt 4703
Sfmt 4703
prisoners, the public, and law
enforcement officials; to ensure fair and
proper treatment of prisoners during
custody and transfer of custody; to assist
the USMS in pursuing any necessary
inquiry/investigation of complaints,
alleged misconduct or criminal activity;
to process and pay medical claims; and
to perform evaluation duties. For
example, relevant records or
information may be disclosed to secure
the safe and efficient transfer of
prisoners 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;
(b) To any criminal, civil, or
regulatory law enforcement authority
(whether federal, state, territorial, local,
tribal, or foreign) where the information
is relevant to the recipient entity’s law
enforcement responsibilities.
(c) In an appropriate proceeding
before a court, grand jury, or
administrative or adjudicative body,
when the Department of Justice
determines that the records are arguably
relevant to the proceeding; or in an
appropriate proceeding before an
administrative or adjudicative body
when the adjudicator determines the
records to be relevant to the proceeding;
(d) To an actual or potential party to
litigation or the party’s authorized
representative for the purpose of
negotiation or discussion of such
matters as settlement, plea bargaining,
or in informal discovery proceedings;
(e) To the news media and the public,
including disclosures 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 for purposes of
records management inspections
E:\FR\FM\18JNN1.SGM
18JNN1
jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Notices
conducted under the authority of 44
U.S.C. 2904 and 2906;
(h) To federal, state, territorial, local,
tribal, foreign or international licensing
agencies or associations which require
information concerning the suitability
or eligibility of an individual for a
license or permit;
(i) A record may be disclosed to
designated officers and employees of
state, territorial, local (including the
District of Columbia), or tribal law
enforcement or detention agencies in
connection with the hiring or continued
employment of an employee or
contractor, where the employee or
contractor would occupy or occupies a
position of public trust as a law
enforcement officer or detention officer
having direct contact with the public or
with prisoners or detainees, to the
extent that the information is relevant
and necessary to the recipient agency’s
decision;
(j) To contractors, grantees, experts,
consultants, students, and others
performing or working on a contract,
service, grant, cooperative agreement, or
other assignment for the Federal
Government, when necessary to
accomplish an agency function related
to this system of records;
(k) To a former employee of the
Department for purposes of: responding
to an official inquiry by a federal, state,
territorial, or local government entity or
professional licensing authority, in
accordance with applicable Department
regulations; or facilitating
communications with a former
employee that may be necessary for
personnel-related or other official
purposes where the Department requires
information and/or consultation
assistance from the former employee
regarding a matter within that person’s
former area of responsibility;
(l) To appropriate agencies, entities,
and persons when (1) the Department
suspects or has confirmed that the
security or confidentiality of
information in the system of records has
been compromised; (2) the Department
has determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by the
Department or another agency or entity)
that rely upon the compromised
information; and (3) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
in connection with the Department’s
efforts to respond to the suspected or
confirmed compromise and prevent,
minimize, or remedy such harm.
VerDate Aug<31>2005
18:19 Jun 15, 2007
Jkt 211001
POLICIES AND PROCEDURES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
33521
Information is retrieved by name and/
or number of individual in custody,
and/or health care provider. Records
retrieved by name or number of health
care provider will consist of the
provider’s address, name and number of
prisoners treated, claim number, dates
of service, nature of service, amount
billed, USMS amount allowed, amount
saved, and percentage saved.
media outside the USMS. At the end of
the contract, the contractor shall turn
over all paper documents and
automated files of the database offline to
the USMS within two weeks of contract
expiration. All paper documents and
automated files of the database will be
maintained in accordance with the
General Records Schedule 6, Item 1a
(Accountable Officers’ Files), as
published by NARA, unless a longer
retention period is necessary because of
pending administrative or judicial
proceedings.
The retention and disposal
procedures for this system of records are
in accordance with the NARA
disposition authority for the USMS
which is NI 527–99–1, or the General
Records Schedule as appropriate.
SAFEGUARDS:
SYSTEM MANAGER(S) AND ADDRESS:
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.
All USMS contractors must have
personnel security clearances
commensurate with the highest level of
information processed by the system, in
this case Limited Official Use.
Encryption technology shall be applied
to passwords and symmetric or private
asymmetric keys, activities of a system
administrator or for system
maintenance, and information stored on
laptop computers. All information
technology systems within a component
are subject to the certification and
accreditation process.
Assistant Director, Witness Security
and Prisoner Operations, United States
Marshals Service, 11th Floor, CS–4,
Washington, DC 20530–1000.
STORAGE:
Information is stored in standard file
cabinets. Duplicate copies of certain
paper and electronic records are stored
on magnetic discs.
RETRIEVABILITY:
RETENTION AND DISPOSAL:
General prisoner records are kept in
active files until a prisoner has been
transferred from the custody of USMS.
After a prisoner leaves USMS custody,
the file is closed, and at the end of the
year, closed files are separated from
active files. Closed files are maintained
for one year after separation, then are
transferred to a Federal Records Center,
and are destroyed after 10 years, or
sooner, if ordered by the Court. This
does not apply to records maintained by
the Contractor, which are discussed
below.
The Contractor will maintain all
appropriate paper documents (i.e.,
invoices, etc.) and automated online
files for the duration of the contract
performance. Computer storage media
containing Limited Official Use
information will be overwritten or
degaussed prior to release of the storage
PO 00000
Frm 00077
Fmt 4703
Sfmt 4703
NOTIFICATION PROCEDURE:
Same as ‘‘Record access procedures.’’
RECORD ACCESS PROCEDURES:
Requests for access must be in writing
and should be addressed to the System
Manager named above, Attention: FOI/
PA Officer. The envelope and letter
should be clearly marked ‘‘Privacy Act
Access Request.’’ The request should
include a general description of the
records sought and must include the
requester’s full name, current address,
and date and place of birth. The request
must be signed, dated, and either
notarized or submitted under penalty of
perjury. Some information may be
exempt from access provisions as
described in the section entitled
‘‘Exemptions Claimed for the System.’’
An individual who is the subject of a
record in this system may access those
records that are not exempt from
disclosure. A determination whether a
record may be accessed will be made at
the time a request is received.
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 the identifying information
required above in ‘‘Record access
procedures’’, what information is being
contested, the reasons for contesting it,
and the proposed amendment to the
information sought. Some information
may be exempt from contesting record
procedures as described in the section
entitled ‘‘Exemptions Claimed for the
E:\FR\FM\18JNN1.SGM
18JNN1
33522
Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Notices
System.’’ An individual who is the
subject of a record in this system may
amend those records that are not
exempt. A determination whether a
record may be amended will be made at
the time a request is received.
RECORD SOURCE CATEGORIES:
Information is received from the
individual in custody; the courts,
federal, state, territorial, local, tribal and
foreign law enforcement agencies and
personnel; witnesses; and medical care
professionals and/or facilities.
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 5 U.S.C. 553(b), (c) and
(e) and have been published in the
Federal Register. The rules are codified
at 28 CFR 16.101(q) and (r).
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, CS–3, Washington, DC 20530–
1000.
b. Decentralized segments: Individual
training files and the Fitness in Total
(FIT) Program training assessment files,
identified as items (1) and (3) under
‘‘Categories 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
(https://www.usdoj.gov/marshals/
usmsofc.html).
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Trainees hired as Deputy U.S.
Marshals and Deputy U.S. Marshals.
jlentini on PROD1PC65 with NOTICES
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
VerDate Aug<31>2005
18:19 Jun 15, 2007
Jkt 211001
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 are 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
PURPOSES OF SUCH USES:
RECORDS OR INFORMATION MAY BE DISCLOSED
AS A ROUTINE USE:
(a) In an appropriate proceeding
before a court, grand jury, or
administrative or adjudicative body,
when the Department of Justice
determines that the records are arguably
relevant to the proceeding; or in an
appropriate proceeding before an
administrative or adjudicative body
when the adjudicator determines the
records to be relevant to the proceeding;
(b) To contractors, grantees, experts,
consultants, students, and others
performing or working on a contract,
service, grant, cooperative agreement, or
other assignment for the Federal
Government, when necessary to
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
accomplish an agency function related
to this system of records;
(c) To appropriate officials and
employees of a federal agency or entity
which requires information relevant to a
decision concerning the hiring,
appointment, or retention of an
employee; the issuance, renewal,
suspension, or revocation of a security
clearance; the execution of a security or
suitability investigation; the letting of a
contract; or the issuance of a grant or
benefit;
(d) To the news media and the public,
including disclosures 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 for purposes of
records management inspections
conducted under the authority of 44
U.S.C. 2904 and 2906;
(g) To an actual or potential party to
litigation or the party’s authorized
representative for the purpose of
negotiation or discussion of such
matters as settlement, plea bargaining,
or in informal discovery proceedings;
(h) A record may be disclosed to
designated officers and employees of
state, territorial, local (including the
District of Columbia), or tribal law
enforcement or detention agencies in
connection with the hiring or continued
employment of an employee or
contractor, where the employee or
contractor would occupy or occupies a
position of public trust as a law
enforcement officer or detention officer
having direct contact with the public or
with prisoners or detainees, to the
extent that the information is relevant
and necessary to the recipient agency’s
decision;
(i) To any criminal, civil, or regulatory
law enforcement authority (whether
federal, state, local, territorial, tribal, or
foreign) where the information is
relevant to the recipient entity’s law
enforcement responsibilities;
(j) To a former employee of the
Department for purposes of: responding
to an official inquiry by a federal, state,
territorial, or local government entity or
professional licensing authority, in
accordance with applicable Department
regulations; or facilitating
communications with a former
employee that may be necessary for
personnel—related or other official
E:\FR\FM\18JNN1.SGM
18JNN1
Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Notices
purposes where the Department requires
information and/or consultation
assistance from the former employee
regarding a matter within that person’s
former area of responsibility;
(k) To appropriate agencies, entities,
and persons when (1) the Department
suspects or has confirmed that the
security or confidentiality of
information in the system of records has
been compromised; (2) the Department
has determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by the
Department or another agency or entity)
that rely upon the compromised
information; and (3) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
in connection with the Department’s
efforts to respond to the suspected or
confirmed compromise and prevent,
minimize, or remedy such harm.
leaves the USMS at which time paper
records are transferred to another
agency, or sent to the OPM records
center.
SYSTEM MANAGER(S) AND ADDRESS:
Assistant Director, Human Resources
Division, USMS, CS–3, Washington, DC
20530–1000.
NOTIFICATION PROCEDURE:
Same as ‘‘Record access procedures.’’
RECORD ACCESS PROCEDURES:
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 the
employee’s name.
jlentini on PROD1PC65 with NOTICES
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):
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
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.
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.
JUSTICE/USMS–008
RETENTION AND DISPOSAL:
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Files are maintained for five (5) years
then the magnetic disks are erased and
paper records are archived in the
Federal Records Center and destroyed
when 20 years old, unless the employee
Jkt 211001
This system contains requests to enter
the Witness Security Program,
authorizations to enter the program,
identifying and background information
on the witness and/or the witness’s
family, funding information, and
moving information.
Make all requests for access in writing
and clearly mark letter and envelope
‘‘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.
SAFEGUARDS:
18:19 Jun 15, 2007
CATEGORIES OF RECORDS IN THE SYSTEM:
CONTESTING RECORD PROCEDURES:
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
VerDate Aug<31>2005
33523
SYSTEM NAME:
Witness Security Files Information
System.
SECURITY CLASSIFICATION:
Limited Official Use.
SYSTEM LOCATION:
Witness Security and Prisoner
Operations, United States Marshals
Service (USMS), CS–4, Washington, DC
20530–1000.
Government witnesses or potential
witnesses and their families authorized
to participate in the Witness Security
Program.
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
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.
Records or information may be
disclosed as follows:
(a) In an appropriate proceeding
before a court, grand jury, or
administrative or adjudicative body,
when the Department of Justice
determines that the records are arguably
relevant to the proceeding; or in an
appropriate proceeding before an
administrative or adjudicative body
when the adjudicator determines the
records to be relevant to the proceeding;
(b) To the news media and the public,
including disclosures 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 the National Archives and
Records Administration for purposes of
records management inspections
conducted under the authority of 44
U.S.C. 2904 and 2906;
(d) Where a record, either alone or in
conjunction with other information,
indicates a violation or potential
violation of law—criminal, civil, or
regulatory in nature—the relevant
records may be referred to the
appropriate federal, state, territorial,
local, tribal, or foreign law enforcement
authority or other appropriate entity
charged with the responsibility for
investigating or prosecuting such
violation or charged with enforcing or
implementing such law;
(e) To an actual or potential party to
litigation or the party’s authorized
E:\FR\FM\18JNN1.SGM
18JNN1
jlentini on PROD1PC65 with NOTICES
33524
Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Notices
representative for the purpose of
negotiation or discussion of such
matters as settlement, plea bargaining,
or in informal discovery proceedings;
(f) To appropriate officials and
employees of a federal agency or entity
which requires information relevant to a
decision concerning the hiring,
appointment, or retention of an
employee; the issuance, renewal,
suspension, or revocation of a security
clearance; the execution of a security or
suitability investigation; the letting of a
contract; or the issuance of a grant or
benefit;
(g) To contractors, grantees, experts,
consultants, students, and others
performing or working on a contract,
service, grant, cooperative agreement, or
other assignment for the Federal
Government, when necessary to
accomplish an agency function related
to this system of records;
(h) To a former employee of the
Department for purposes of: responding
to an official inquiry by a federal, state,
or local government entity or
professional licensing authority, in
accordance with applicable Department
regulations; or facilitating
communications with a former
employee that may be necessary for
personnel-related or other official
purposes where the Department requires
information and/or consultation
assistance from the former employee
regarding a matter within that person’s
former area of responsibility;
(i) To any criminal, civil, or regulatory
law enforcement authority (whether
federal, state, territorial, local, tribal, or
foreign) where the information is
relevant to the recipient entity’s law
enforcement responsibilities;
(j) To appropriate agencies, entities,
and persons when (1) the Department
suspects or has confirmed that the
security or confidentiality of
information in the system of records has
been compromised; (2) the Department
has determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by the
Department or another agency or entity)
that rely upon the compromised
information; and (3) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
in connection with the Department’s
efforts to respond to the suspected or
confirmed compromise and prevent,
minimize, or remedy such harm.
VerDate Aug<31>2005
18:19 Jun 15, 2007
Jkt 211001
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
RECORD SOURCE CATEGORIES:
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:
Information is provided by the
witnesses and their families, the court,
federal, state, territorial, local, tribal and
foreign law enforcement agencies, and
medical personnel.
EXEMPTIONS CLAIMED FOR 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.
Witness case files will be closed upon
witness termination from the Witness
Security Program and retained in the
custody of the USMS for 15 years,
thereafter they will be transferred to the
Federal Records Center and destroyed
75 years after termination. Financial
records are destroyed after three years
and three months in accordance with
General Records Schedules 6, 7 and 8.
SYSTEM MANAGER(S) AND ADDRESS:
Witness Security and Prisoner
Operations, U.S. Marshals Service, CS–
4, Washington, DC 20530–1000.
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
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.’’
Frm 00080
Fmt 4703
Sfmt 4703
JUSTICE/USM–009
SYSTEM NAME:
Inappropriate Communications/
Threat Information System.
SECURITY CLASSIFICATION:
Limited Official Use.
RETENTION AND DISPOSAL:
PO 00000
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. See
28 CFR 16.101.
SYSTEM LOCATION:
Primary System: Investigative
Services Division, U.S. Marshals Service
(USMS), CS–4, Washington, DC 20530–
1000.
Decentralized Segments: Each district
office of the USMS maintains their own
files. The addresses of USMS district
offices are available on the Internet at
https://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 the threat or
inappropriate communication initiator;
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
internal USMS correspondence relating
to the communication; biographical data
including physical description,
E:\FR\FM\18JNN1.SGM
18JNN1
Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Notices
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, addresses,
driver’s license information; and
investigative information furnished by
other federal, state, territorial, tribal,
and local law enforcement or other
government agencies and nongovernment 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).
jlentini on PROD1PC65 with NOTICES
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
VerDate Aug<31>2005
18:19 Jun 15, 2007
Jkt 211001
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) Where a record, either alone or in
conjunction with other information,
indicates a violation or potential
violation of law—criminal, civil, or
regulatory in nature—the relevant
records may be referred to the
appropriate federal, state, territorial,
local, tribal, or foreign law enforcement
authority or other appropriate entity
charged with the responsibility for
investigating or prosecuting such
violation or charged with enforcing or
implementing such law;
(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 an appropriate proceeding
before a court, grand jury, or
administrative or adjudicative body,
when the Department of Justice
determines that the records are arguably
relevant to the proceeding; or in an
appropriate proceeding before an
administrative or adjudicative body
when the adjudicator determines the
records to be relevant to the proceeding;
(d) To the news media and the public,
including disclosures 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 for purposes of
records management inspections
conducted under the authority of 44
U.S.C. 2904 and 2906;
(g) To an actual or potential party to
litigation or the party’s authorized
representative for the purpose of
negotiation or discussion of such
matters as settlement, plea bargaining,
or in informal discovery proceedings;
(h) To federal, state, territorial, local,
tribal, foreign, or international licensing
agencies or associations which require
information concerning the suitability
or eligibility of an individual for a
license or permit;
(i) A record may be disclosed to
designated officers and employees of
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
33525
state, local (including the District of
Columbia), or tribal law enforcement or
detention agencies in connection with
the hiring or continued employment of
an employee or contractor, where the
employee or contractor would occupy or
occupies a position of public trust as a
law enforcement officer or detention
officer having direct contact with the
public or with prisoners or detainees, to
the extent that the information is
relevant and necessary to the recipient
agency’s decision;
(j) To contractors, grantees, experts,
consultants, students, and others
performing or working on a contract,
service, grant, cooperative agreement, or
other assignment for the Federal
Government, when necessary to
accomplish an agency function related
to this system of records;
(k) To a former employee of the
Department for purposes of: responding
to an official inquiry by a federal, state,
or local government entity or
professional licensing authority, in
accordance with applicable Department
regulations; or facilitating
communications with a former
employee that may be necessary for
personnel-related or other official
purposes where the Department requires
information and/or consultation
assistance from the former employee
regarding a matter within that person’s
former area of responsibility;
(l) To appropriate agencies, entities,
and persons when (1) the Department
suspects or has confirmed that the
security or confidentiality of
information in the system of records has
been compromised; (2) the Department
has determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by the
Department or another agency or entity)
that rely upon the compromised
information; and (3) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
in connection with the Department’s
efforts to respond to the suspected or
confirmed compromise and prevent,
minimize, or remedy such harm.
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.
E:\FR\FM\18JNN1.SGM
18JNN1
33526
Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Notices
RETRIEVABILITY:
EXEMPTIONS CLAIMED FOR THE SYSTEM:
PURPOSE(S):
Records are retrieved by name and
identifying number or a combination of
the name and number.
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.
See 28 CFR 16.101.
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 and training, 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.
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.
JUSTICE/USM–010
SYSTEM NAME:
Judicial Facility Security Index
System.
SECURITY CLASSIFICATION:
Limited Official Use.
RETENTION AND DISPOSAL:
SYSTEM LOCATION:
Headquarters files are destroyed one
year after the initiator of the threat or
inappropriate communication is no
longer active or the case has been
closed. District files are destroyed five
years after the initiator of the threat or
inappropriate communication is no
longer active or the case has been
closed.
Judicial Security Division, United
States Marshals Service (USMS), CS–3,
Washington, DC 20530–1000.
SYSTEM MANAGER(S) AND ADDRESS:
Assistant Director, Investigative
Services Division, U.S. Marshals
Service, CS–4, Washington, DC 20530–
1000.
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:
jlentini on PROD1PC65 with NOTICES
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, the threat or
inappropriate communication initiator,
and from federal, state and local law
enforcement agencies.
VerDate Aug<31>2005
18:19 Jun 15, 2007
Jkt 211001
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 and USMS facilities.
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 data, 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 in 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.
PO 00000
Frm 00082
Fmt 4703
Sfmt 4703
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Records may be disclosed as follows:
(a) To any criminal, civil, or
regulatory law enforcement authority
(whether federal, state, territorial, local,
tribal, or foreign) where the information
is relevant to the recipient entity’s law
enforcement responsibilities;
(b) In an appropriate proceeding
before a court, grand jury, or
administrative or adjudicative body,
when the Department of Justice
determines that the records are arguably
relevant to the proceeding; or in an
appropriate proceeding before an
administrative or adjudicative body
when the adjudicator determines the
records to be relevant to the proceeding;
(c) To the news media and the public,
including disclosures 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 for purposes of
records management inspections
conducted under the authority of 44
U.S.C. 2904 and 2906;
(f) To an actual or potential party to
litigation or the party’s authorized
E:\FR\FM\18JNN1.SGM
18JNN1
jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Notices
representative for the purpose of
negotiation or discussion of such
matters as settlement, plea bargaining,
or in informal discovery proceedings;
(g) To appropriate officials and
employees of a federal agency or entity
which requires information relevant to a
decision concerning the hiring,
appointment, or retention of an
employee; the issuance, renewal,
suspension, or revocation of a security
clearance; the execution of a security or
suitability investigation; the letting of a
contract; or the issuance of a grant or
benefit;
(h) A record may be disclosed to
designated officers and employees of
state, territorial, local (including the
District of Columbia), or tribal law
enforcement or detention agencies in
connection with the hiring or continued
employment of an employee or
contractor, where the employee or
contractor would occupy or occupies a
position of public trust as a law
enforcement officer or detention officer
having direct contact with the public or
with prisoners or detainees, to the
extent that the information is relevant
and necessary to the recipient agency’s
decision;
(i) To contractors, grantees, experts,
consultants, students, and others
performing or working on a contract,
service, grant, cooperative agreement, or
other assignment for the Federal
Government, when necessary to
accomplish an agency function related
to this system of records;
(j) To a former employee of the
Department for purposes of: responding
to an official inquiry by a federal, state,
territorial, or local government entity or
professional licensing authority, in
accordance with applicable Department
regulations; or facilitating
communications with a former
employee that may be necessary for
personnel-related or other official
purposes where the Department requires
information and/or consultation
assistance from the former employee
regarding a matter within that person’s
former area of responsibility;
(k) To appropriate agencies, entities,
and persons when (1) the Department
suspects or has confirmed that the
security or confidentiality of
information in the system of records has
been compromised; (2) the Department
has determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by the
Department or another agency or entity)
that rely upon the compromised
VerDate Aug<31>2005
18:19 Jun 15, 2007
Jkt 211001
33527
information; and (3) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
in connection with the Department’s
efforts to respond to the suspected or
confirmed compromise and prevent,
minimize, or remedy such harm.
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.’’
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
RECORD SOURCE CATEGORIES:
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:
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:
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 or contractor.
JUSTICE/USM–011
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, CS–3,
Washington, DC 20530–1000.
NOTIFICATION PROCEDURES:
Same as the ‘‘Record access
procedures.’’
RECORD ACCESS PROCEDURES:
Make all requests for access in writing
and clearly mark the 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
PO 00000
Frm 00083
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. See 28 CFR 16.101.
Fmt 4703
Sfmt 4703
SYSTEM NAME:
Judicial Protection Information
System.
SECURITY CLASSIFICATION:
Limited Official Use.
SYSTEM LOCATION:
Primary System: Judicial Security
Division, United States Marshals
Service (USMS), CS–3, Washington, DC
20530–1000.
Decentralized Segments: Each USMS
district office maintains their own files.
The addresses of the USMS district
offices are available on the Internet at
https://www.usdoj.gov/marshals/
usmsofc.html.
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,
E:\FR\FM\18JNN1.SGM
18JNN1
33528
Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Notices
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.
jlentini on PROD1PC65 with NOTICES
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 an appropriate proceeding
before a court, grand jury, or
administrative or adjudicative body,
when the Department of Justice
determines that the records are arguably
relevant to the proceeding; or in an
appropriate proceeding before an
administrative or adjudicative body
when the adjudicator determines the
records to be relevant to the proceeding;
(c) To the news media and the public,
including disclosures 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 for purposes of
records management inspections
conducted under the authority of 44
U.S.C. 2904 and 2906;
VerDate Aug<31>2005
18:19 Jun 15, 2007
Jkt 211001
(f) To an actual or potential party to
litigation or the party’s authorized
representative for the purpose of
negotiation or discussion of such
matters as settlement, plea bargaining,
or in informal discovery proceedings;
(g) To contractors, grantees, experts,
consultants, students, and others
performing or working on a contract,
service, grant, cooperative agreement, or
other assignment for the Federal
Government, when necessary to
accomplish an agency function related
to this system of records;
(h) To a former employee of the
Department for purposes of: responding
to an official inquiry by a federal, state,
territorial or local government entity or
professional licensing authority, in
accordance with applicable Department
regulations; or facilitating
communications with a former
employee that may be necessary for
personnel-related or other official
purposes where the Department requires
information and/or consultation
assistance from the former employee
regarding a matter within that person’s
former area of responsibility;
(i) To any criminal, civil, or regulatory
law enforcement authority (whether
federal, state, territorial, local, tribal, or
foreign) where the information is
relevant to the recipient entity’s law
enforcement responsibilities;
(j) To appropriate agencies, entities,
and persons when (1) the Department
suspects or has confirmed that the
security or confidentiality of
information in the system of records has
been compromised; (2) the Department
has determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by the
Department or another agency or entity)
that rely upon the compromised
information; and (3) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
in connection with the Department’s
efforts to respond to the suspected or
confirmed compromise and prevent,
minimize, or remedy such harm.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
Records in this system are not
appropriate for disclosure to consumer
reporting agencies.
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
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, CS–3, Washington,
DC 20530–1000.
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; federal, state, and
local law enforcement agencies; public
E:\FR\FM\18JNN1.SGM
18JNN1
Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Notices
claim or suit (including those from nonFederal 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.
and confidential sources; and threat
initiator.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
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), CS–3,
Washington, DC 20530–1000.
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.
jlentini on PROD1PC65 with NOTICES
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.,
criminal investigative reports relating
the underlying criminal matter which
relates to or constitutes the basis of the
VerDate Aug<31>2005
18:19 Jun 15, 2007
Jkt 211001
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) Where a record, either alone or in
conjunction with other information,
indicates a violation or potential
violation of law—criminal, civil, or
regulatory in nature—the relevant
records may be referred to the
appropriate federal, state, territorial,
local, tribal, or foreign law enforcement
authority or other appropriate entity
charged with the responsibility for
investigating or prosecuting such
violation or charged with enforcing or
implementing such law;
(b) 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;
(c) In an appropriate proceeding
before a court, grand jury, or
administrative or adjudicative body,
when the Department of Justice
determines that the records are arguably
relevant to the proceeding; or in an
appropriate proceeding before an
administrative or adjudicative body
when the adjudicator determines the
records to be relevant to the proceeding;
(d) To appropriate officials and
employees of a federal agency or entity
which requires information relevant to a
decision concerning the hiring,
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
33529
appointment, or retention of an
employee; the issuance, renewal,
suspension, or revocation of a security
clearance; the execution of a security or
suitability investigation; the letting of a
contract; or the issuance of a grant or
benefit;
(e) To an actual or potential party to
litigation or the party’s authorized
representative for the purpose of
negotiation or discussion of such
matters as settlement, plea bargaining,
or in informal discovery proceedings;
(f) To contractors, grantees, experts,
consultants, students, and others
performing or working on a contract,
service, grant, cooperative agreement, or
other assignment for the Federal
Government, when necessary to
accomplish an agency function related
to this system of records;
(g) To the news media and the public
including disclosures 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 for purposes of
records management inspections
conducted under the authority of 44
U.S.C. 2904 and 2906;
(j) A record may be disclosed to
designated officers and employees of
state, territorial, local (including the
District of Columbia), or tribal law
enforcement or detention agencies in
connection with the hiring or continued
employment of an employee or
contractor, where the employee or
contractor would occupy or occupies a
position of public trust as a law
enforcement officer or detention officer
having direct contact with the public or
with prisoners or detainees, to the
extent that the information is relevant
and necessary to the recipients agency’s
decision;
(k) To a former employee of the
Department for purposes of: responding
to an official inquiry by a federal, state,
or local government entity or
professional licensing authority, in
accordance with applicable Department
regulations; or facilitating
communications with a former
employee that may be necessary for
personnel-related or other official
purposes where the Department requires
information and/or consultation
assistance from the former employee
E:\FR\FM\18JNN1.SGM
18JNN1
33530
Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Notices
regarding a matter within that persons
former area of responsibility;
(l) To appropriate agencies, entities,
and persons when (1) the Department
suspects or has confirmed that the
security or confidentiality of
information in the system of records has
been compromised; (2) the Department
has determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by the
Department or another agency or entity)
that rely upon the compromised
information; and (3) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
in connection with the Department’s
efforts to respond to the suspected or
confirmed compromise and prevent,
minimize, or remedy such harm.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
RECORD ACCESS PROCEDURES:
SYSTEM LOCATION:
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.
Primary system: Judicial Security
Division, United States Marshals
Service, CS–3, Washington, DC 20530.
Decentralized segments: USMS
headquarters division offices that issue
keys to their respective employees.
CONTESTING RECORD PROCEDURES:
CATEGORIES OF RECORDS IN THE SYSTEM:
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.’’
Records contained in this system
consist of an automated or manual
index which may include the name of
the employee to whom a building or
office 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.
RECORD SOURCE CATEGORIES:
STORAGE:
Administrative claim, appeal, and
litigation files are stored in standard file
cabinets. The computerized case
tracking 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.
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) or (k)(5).
The system is exempted pursuant to
subsection (j)(2) only to the extent that
information in a record pertaining 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. See 28 CFR 16.101.
JUSTICE/USM–016
jlentini on PROD1PC65 with NOTICES
SYSTEM MANAGER(S) AND ADDRESS:
SYSTEM NAME:
General Counsel, Office of General
Counsel, U.S. Marshals Service, CS–3,
Washington, DC 20530–1000.
U.S. Marshal Service (USMS) Key
Control Record System.
NOTIFICATION PROCEDURE:
SECURITY CLASSIFICATION:
Same as ‘‘Record access procedures.’’
VerDate Aug<31>2005
18:19 Jun 15, 2007
Jkt 211001
Limited Official Use.
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Current and former employees of the
USMS who have been issued building
or office keys for USMS Headquarters or
District Office locations.
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) Where a record, either alone or in
conjunction with other information,
indicates a violation or potential
violation of law—criminal, civil, or
regulatory in nature—the relevant
records may be referred to the
appropriate Federal, State, local,
territorial, tribal, or foreign law
enforcement authority or other
appropriate entity charged with the
responsibility for investigating or
E:\FR\FM\18JNN1.SGM
18JNN1
jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Notices
prosecuting such violation or enforcing
or charged with implementing such law;
(b) In an appropriate proceeding
before a court, grand jury, or
administrative or adjudicative body,
when the Department of Justice
determines that the records are arguably
relevant to the proceeding; or in an
appropriate proceeding before an
administrative or adjudicative body
when the adjudicator determines the
records to be relevant to the proceeding.
(c) To contractors, grantees, experts,
consultants, students, and others
performing or working on a contract,
service, grant, cooperative agreement, or
other assignment for the Federal
Government, when necessary to
accomplish an agency function related
to this system of records.
(d) To the news media and the public,
including disclosures 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 for purposes of
records management inspections
conducted under the authority of 44
U.S.C. 2904 and 2906;
(g) To an actual or potential party to
litigation or the party’s authorized
representative for the purpose of
negotiation or discussion of such
matters as settlement, plea bargaining,
or in informal discovery proceedings;
(h) To a former employee of the
Department for purposes of: responding
to an official inquiry by a Federal, State,
or local government entity or
professional licensing authority, in
accordance with applicable Department
regulations; or facilitating
communications with a former
employee that may be necessary for
personnel-related or other official
purposes where the Department requires
information and/or consultation
assistance from the former employee
regarding a matter within that person’s
former area of responsibility;
(i) To appropriate agencies, entities,
and persons when (1) the Department
suspects or has confirmed that the
security or confidentiality of
information in the system of records has
been compromised; (2) the Department
has determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
VerDate Aug<31>2005
18:19 Jun 15, 2007
Jkt 211001
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by the
Department or another agency or entity)
that rely upon the compromised
information; and (3) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
in connection with the Department’s
efforts to respond to the suspected or
confirmed compromise and prevent,
minimize, or remedy such harm.
33531
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:
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
Records in this system are not
appropriate for disclosure to consumer
reporting agencies.
Information contained in this system
is collected from the individual and the
system manager.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
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.
None.
JUSTICE/USM–017
SYSTEM NAME:
Judicial Security Staff Inventory.
SECURITY CLASSIFICATION:
Limited Official Use.
SYSTEM LOCATION:
RETRIEVABILITY:
Judicial Security Division (JSD), U.S.
Marshals Service (USMS), CS–3,
Washington, DC 20530–1000.
Records are retrieved by name of the
individuals covered by the system.
CATEGORIES OF 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.
USMS employees, contract
employees, and other individuals
assigned to JSD.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records are retained for three years
after turn-in of the key at which time
they are destroyed (General Records
Schedule 18).
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.
SYSTEM MANAGER(S) AND ADDRESS:
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Judicial Security Division, United
States Marshals Service, CS–3,
Washington, DC 20530.
5 U.S.C. 301; 28 U.S.C. 509 and 510;
44 U.S.C. 3101 and 28 CFR 0.111.
NOTIFICATION PROCEDURE:
This system will be used to assist JSD
management in the effective control of
accountable property and to ensure that
JSD personnel maintain the 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.
RETENTION AND DISPOSAL:
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.
PO 00000
Frm 00087
Fmt 4703
Sfmt 4703
PURPOSE(S):
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) Where a record, either alone or in
conjunction with other information,
E:\FR\FM\18JNN1.SGM
18JNN1
jlentini on PROD1PC65 with NOTICES
33532
Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Notices
indicates a violation or potential
violation of law—criminal, civil, or
regulatory in nature—the relevant
records may be referred to the
appropriate federal, state, territorial,
local, tribal or foreign law enforcement
authority or other appropriate entity
charged with the responsibility for
investigating or prosecuting such
violation or charged with enforcing or
implementing such law;
(b) In an appropriate proceeding
before a court, grand jury, or
administrative or adjudicative body,
when the Department of Justice
determines that the records are arguably
relevant to the proceeding; or in an
appropriate proceeding before an
administrative or adjudicative body
when the adjudicator determines the
records to be relevant to the proceeding;
(c) To the news media and the public,
including disclosure 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 for purposes of
records management inspections
conducted under the authority of 44
U.S.C. 2904 and 2906;
(f) To an actual or potential party to
litigation or the party’s authorized
representative for the purpose of
negotiation or discussion of such
matters as settlement, plea bargaining,
or in informal discovery proceedings;
(g) To contractors, grantees, experts,
consultants, students, and others
performing or working on a contract,
service, grant, cooperative agreement, or
other assignment for the Federal
Government, when necessary to
accomplish an agency function related
to this system of records;
(h) To a former employee of the
Department for purposes of: responding
to an official inquiry by a federal, state,
or local government entity or
professional licensing authority, in
accordance with applicable Department
regulations; or facilitating
communications with a former
employee that may be necessary for
personnel-related or other official
purposes where the Department requires
information and/or consultation
assistance from the former employee
regarding a matter within that person’s
former area of responsibility;
VerDate Aug<31>2005
18:19 Jun 15, 2007
Jkt 211001
(i) To appropriate agencies, entities,
and persons when (1) the Department
suspects or has confirmed that the
security or confidentiality of
information in the system of records has
been compromised; (2) the Department
has determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by the
Department or another agency or entity)
that rely upon the compromised
information; and (3) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
in connection with the Departments
efforts to respond to the suspected or
confirmed compromise and prevent,
minimize, or remedy such harm.
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, JSD office and the
accountable property records.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Records in this system are not
appropriate for disclosure to consumer
reporting agencies.
JUSTICE/USM–018
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
United States Marshals Service
Alternative Dispute Resolution (ADR)
Files and Database Tracking System.
STORAGE:
Records are kept in a computerized
database.
Information 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.
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:
Assistant Director, Judicial Security
Division, U.S. Marshals Service, CS–3,
Washington, DC 20530–1000.
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
Fmt 4703
SECURITY CLASSIFICATION:
Limited official use.
Sfmt 4703
Human Resources Division, United
States Marshals Service (USMS), CS–3,
Washington, DC 20530–1000.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Employees of the USMS 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:
RETENTION AND DISPOSAL:
Frm 00088
SYSTEM NAME:
SYSTEM LOCATION:
RETRIEVABILITY:
PO 00000
None.
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,
acknowledgment of time requirements
and issues related thereto; preconference 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;
E:\FR\FM\18JNN1.SGM
18JNN1
Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Notices
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:
jlentini on PROD1PC65 with NOTICES
RECORDS OR INFORMATION MAY BE DISCLOSED:
(a) Where a record, either alone or in
conjunction with other information,
indicates a violation or potential
violation of law—criminal, civil, or
regulatory in nature—the relevant
records may be referred to the
appropriate federal, state, local,
territorial, tribal or foreign law
enforcement authority or other
appropriate entity charged with the
responsibility for investigating or
prosecuting such violation or charged
with enforcing or implementing such
law;
(b) In an appropriate proceeding
before a court, grand jury, or
administrative or adjudicative body,
when the Department of Justice
determines that the records are arguably
relevant to the proceeding; or in an
appropriate proceeding before an
administrative or adjudicative body
when the adjudicator determines the
records to be relevant to the proceeding;
(c) To the news media and the public,
including disclosures 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 for purposes of
records management inspections
conducted under the authority of 44
U.S.C. 2904 and 2906;
VerDate Aug<31>2005
18:19 Jun 15, 2007
Jkt 211001
(f) To an actual or potential party to
litigation or the party’s authorized
representative for the purpose of
negotiation or discussion of such
matters as settlement, plea bargaining,
or in informal discovery proceedings;
(g) To appropriate officials and
employees of a federal agency or entity
which requires information relevant to a
decision concerning the hiring,
appointment, or retention of an
employee; the issuance, renewal,
suspension, or revocation of a security
clearance; the execution of a security or
suitability investigation; the letting of a
contract, or the issuance of a grant or
benefit;
(h) A record may be disclosed to
designated officers and employees of
state, territorial, local (including the
District of Columbia), or tribal law
enforcement or detention agencies in
connection with the hiring or continued
employment of an employee or
contractor, where the employee or
contractor would occupy or occupies a
position of public trust as a law
enforcement officer or detention officer
having direct contact with the public or
with prisoners or detainees, to the
extent that the information is relevant
and necessary to the recipient agency’s
decision;
(i) To contractors, grantees, experts,
consultants, students, and others
performing or working on a contract,
service, grant, cooperative agreement, or
other assignment for the Federal
Government, when necessary to
accomplish an agency function related
to this system of records;
(j) To a former employee of the
Department for purposes of: responding
to an official inquiry by a Federal, state,
or local government entity or
professional licensing authority, in
accordance with applicable Department
regulations; or facilitating
communications with a former
employee that may be necessary for
personnel-related or other official
purposes where the Department requires
information and/or consultation
assistance from the former employee
regarding a matter within that person’s
former area of responsibility;
(k) To appropriate agencies, entities,
and persons when (1) the Department
suspects or has confirmed that the
security or confidentiality of
information in the system of records has
been compromised; (2) the Department
has determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by the
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
33533
Department or another agency or entity)
that rely upon the compromised
information; and (3) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
in connection with the Department’s
efforts to respond to the suspected or
confirmed compromise and prevent,
minimize, or remedy such harm.
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, CS–3, Washington, DC
20530–1000.
NOTIFICATION PROCEDURE:
Same as ‘‘Record access procedures.’’
RECORD ACCESS PROCEDURES:
Make all requests 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
a return address for transmitting the
information.
E:\FR\FM\18JNN1.SGM
18JNN1
33534
Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Notices
CONTESTING RECORD PROCEDURES:
FOR FURTHER INFORMATION CONTACT:
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.
Copies of the EA are available to
interested parties by contacting Michael
F. O’Malley, Architect, Unit Chief of
Facilities, U.S. Department of Labor,
Office of the Secretary (OSEC), 200
Constitution Avenue, NW., Room N–
4460, Washington, DC 20210, (202) 693–
3108 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION: This
Environmental Assessment (EA)
summary addresses the proposed
construction of a new Job Corps Center
near College Park, Georgia. The site for
the proposed Job Corps Center is
comprised of four parcels of land owned
by VFH Captive Insurance Company
which total approximately 25.4 acres.
The property is currently undeveloped
and wooded with the exception of three
abandoned residential properties and an
abandoned automotive repair garage.
The new center will require
construction of ten (10) buildings
including eight (8) single-story
buildings and two (2) two-story
buildings. The proposed Job Corps
center will provide housing, training,
and support services for approximately
515 students. The current facility
utilization plan includes include a
vocational-educational building,
cafeteria/culinary arts building, child
development center, recreation
building, medical/dental building,
maintenance/warehouse building,
administration offices, and new
dormitories.
The construction of the Job Corps
Center on this proposed site would be
a positive asset to the area in terms of
environmental and socioeconomic
improvements, and long-term
productivity. The proposed Job Corps
Center will be a new source of
employment opportunity for people in
the Atlanta Metropolitan area. The Job
Corps program provides basic
education, vocational skills training,
work experience, counseling, health
care and related support services. The
program is designed to graduate
students who are ready to participate in
the local economy.
The proposed project will not have
any significant adverse impact on any
natural systems or resources. No state or
federal threatened or endangered
species (proposed or listed) have been
identified on the subject property.
The Job Corps Center construction
will not affect any existing historic
structures, as there are no historic or
archeologically sensitive areas on the
proposed property parcel.
Air quality and noise levels should
not be affected by the proposed
development project. Due to the nature
RECORD SOURCE CATEGORIES:
Employee complainants, who select
the ADR process to resolve their
disputes; respondents; and the ADR
mediator.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. E7–11543 Filed 6–15–07; 8:45 am]
BILLING CODE 4410–04–P
DEPARTMENT OF LABOR
Office of the Secretary
Job Corps: Preliminary Finding of No
Significant Impact (FONSI) for the
Proposed Job Corps Center To Be
Located North of Roosevelt Highway
Between Washington Road and
Interstate 285 in College Park, GA
Office of the Secretary (OSEC),
Department of Labor.
ACTION: Preliminary Finding of No
Significant Impact (FONSI) for the
Proposed Job Corps Center to be located
north of Roosevelt Highway between
Washington Road and Interstate 285 in
College Park, Georgia.
jlentini on PROD1PC65 with NOTICES
AGENCY:
SUMMARY: Pursuant to the Council on
Environmental Quality Regulations (40
CFR part 1500–08) implementing
procedural provisions of the National
Environmental Policy Act (NEPA), the
Department of Labor, Office of the
Secretary (OSEC), in accordance with 29
CFR 11.11(d), gives notice that an
Environmental Assessment (EA) has
been prepared for a proposed new Job
Corps Center to be located in College
Park, Georgia, and that the proposed
plan for a new Job Corps Center will
have no significant environmental
impact. This Preliminary Finding of No
Significant Impact (FONSI) will be
made available for public review and
comment for a period of 30 days.
DATES: Comments must be submitted by
July 18, 2007.
ADDRESSES: Any comment(s) are to be
submitted to Michael F. O’Malley,
Office of the Secretary (OSEC),
Department of Labor, 200 Constitution
Avenue, NW., Room N–4460,
Washington, DC 20210, (202) 693–3108
(this is not a toll-free number).
VerDate Aug<31>2005
18:19 Jun 15, 2007
Jkt 211001
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
of the proposed project, it would not be
a significant source of air pollutants or
additional noise, except possibly during
construction of the facility. All
construction activities will be
conducted in accordance with
applicable noise and air pollution
regulations, and all pollution sources
will be permitted in accordance with
applicable pollution control regulations.
The proposed Job Corps Center is not
expected to significantly increase the
vehicle traffic in the vicinity, since
many of the Job Corps Center residents
will either live at the Job Corps Center
or use public transportation. While
some Job Corps Center students and
staff may use personal vehicles, their
number would not result in a significant
increase in vehicular traffic in the area.
Access is planned from Roosevelt
Highway. Road improvements and/or
installation of signals to facilitate site
ingress/egress do not appear necessary.
Public transportation will be provided
by Metropolitan Atlanta Rapid Transit
Authority which provides bus and
shuttle routes throughout Metropolitan
Atlanta. Bus Route 88 travels along
Washington Road which bounds the
west side of the proposed Job Corp
Center site. There are a number of
connecting bus routes within walking
distance of the site.
The proposed project will not have
any significant adverse impact on the
surrounding water, sewer, and storm
water management infrastructure. The
new buildings to be constructed for the
proposed Job Corps Center will be tied
in to the existing City of Atlanta
Watershed Management system. The
new buildings to be constructed for the
proposed Job Corps Center will also be
tied in to the existing Fulton County
wastewater treatment system.
Georgia Power would provide the
electricity for the site. This is not
expected to create any significant
impact to the regional utility
infrastructure.
No significant adverse affects to local
medical, emergency, fire, and police
services are anticipated. The primary
medical provider located closest to the
proposed Job Corps parcel is South
Fulton Medical Center, approximately 6
miles from the proposed Job Corps
Center. Nevertheless, the Job Corps
center will have a small medical and
dental facility as part of the campus for
use by the residents, as necessary for
providing a ward for sick students with
the flu or small non-emergency
incapacities. Security services at the Job
Corps will be provided by the center’s
security staff. Law enforcement services
are provided by the Fulton County
Police Department, located
E:\FR\FM\18JNN1.SGM
18JNN1
Agencies
[Federal Register Volume 72, Number 116 (Monday, June 18, 2007)]
[Notices]
[Pages 33515-33534]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-11543]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
[AAG/A Order No. 019-2007]
Privacy Act of 1974; Systems of Records
AGENCY: United States Marshals Service, Department of Justice.
ACTION: Notice of modified systems of records.
-----------------------------------------------------------------------
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 November 8, 1999 (64 FR
60832-52), except as otherwise set forth below under the caption
SUPPLEMENTARY INFORMATION.
DATES: 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. Please submit any comments by July
30, 2007. The proposed changes will be effective on that date, 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), facsimile number 202-
307-1853.
FOR FURTHER INFORMATION CONTACT: Ed Bordley, Attorney-Advisor, USMS, at
202-307-8571.
SUPPLEMENTARY INFORMATION: Modifications to the USMS systems of records
include: Updates to addresses for the systems locations and systems
managers' locations; corrections to office designations for systems
locations and titles of systems managers; revisions to reduce
redundancy and increase clarity; additions or changes to more
accurately describe the systems' categories of individuals, purposes,
categories of records and record source categories; clarifications to
existing routine uses; additions to the routine uses; updates to the
retention and disposal sections; and additions to data elements omitted
from previous notices. Specific changes for each USMS system of records
notice are set forth below:
USMS Badge & Credentials File, Justice/USM-001: The system location
and system manager location address have been updated. The section on
categories of individuals covered by the system has been changed.
Routine uses have been added and the others revised. An element has
been added under storage. Under record source categories, the category
``individuals for whom the badges/credentials were made'' was added.
USMS Internal Affairs System, Justice/USM-002: The system location
and system manager location address have been updated; the system
manager's designation has also been changed. The record categories
designation was modified to reflect the change in the system manager's
designation. The categories of individuals and record source categories
were expanded to be more specific. Routine uses have been added and the
others revised.
Special Deputation Files, Justice/USM-004: The system location and
system manager location address has been updated; the system manager's
designation has also been changed. The categories of individuals
covered designation has been expanded to be more specific. Minor
revisions were made to the categories of records. Routine uses have
been added and the others revised. The record source categories
subdivision has been revised to include individual applicants.
USMS Prisoner Processing and Population Management/Prisoner
Tracking System (PPM/PTS), Justice/USM-005, last published in the
Federal Register on April 28, 2004 (69 FR 23213): The system manager
designation has been changed. New categories have been added to the
categories of individuals covered. Under routine uses, the markers have
been changed from numeric to alpha characters to match the other system
notices. Three routine uses were removed to eliminate redundancy; and
one was added. The record source categories designation was revised to
reflect the changes in the individual categories.
USMS Training Files, Justice/USM-006: The primary system location
and system manager location address have been updated. The wording has
been changed for the categories of individuals covered. Routine uses
have been added and minor revisions made to the others. The retention
and disposal period has been corrected.
Witness Security Files Information System, Justice/USM-008: The
system location and system manager location address have been updated.
The section on categories of individuals covered has been expanded to
include potential witnesses and witnesses' or potential witnesses'
families; the wording has also been changed. The categories of records
has been revised to reflect the changes made in the categories of
individuals. Routine uses have been added and one routine use has been
removed. The retention and disposal category has been corrected; the
record source categories have also been modified.
Inappropriate Communications/Threat Information System (IC/TIS),
Justice/USM-009: The primary system location and system manager
location address have been updated. Routine uses were added and minor
revisions made to the others. The retention and disposal category has
been corrected. The record source categories have been revised to
include the threat or inappropriate communication initiator.
Judicial Facility Security Index System, Justice/USM-010: The
system location and system manager location address have been updated.
``USMS facilities'' has been added to the categories of individuals
covered. Routine uses were added and minor revisions made to the
others. ``Contractor'' has been added to the retrievability category.
Judicial Protection Information System, Justice/USM-011: The system
location and system manager location address have been updated. A
``Decentralized Segment'' has also been added under system location.
Routine uses have been added and minor revisions made to the others.
The record source category has been reworded.
U. S. Marshals Service Administrative Proceedings, Claims, and
Civil Litigation Files, Justice/USM-013: The system location and system
manager location
[[Page 33516]]
address have been updated. Routine use (f) was reworded. Routine uses
were added and minor revisions made to the others.
USMS Key Control Record System, Justice/USM-016: The system
location address has been updated and a decentralized location added.
The system manager has also been changed. The categories of individuals
covered was modified to reflect the decentralized location change. The
record categories designation was changed to eliminate redundancy.
Routine uses were added and minor revisions made to others.
Judicial Security Staff Inventory System, USMS-017: The system
location and system manager location address have been updated. The
categories of individuals covered has been expanded to include contract
employees and other individuals. Routine uses have been added and minor
revisions made to the others.
USMS Alternative Dispute Resolution (ADR) Files and Database
Tracking System, USM-018: The system location and system manager
location address have been updated. Routine uses have been added and
minor revisions made to the others.
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 found below.
Dated: June 5, 2007.
Lee J. Lofthus,
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, CS-3,
Washington, DC 20530-1000.
Categories of individuals covered by the system:
Current and former U.S. Marshals Service (USMS) personnel, other
federal employees, and student volunteers or other workers when they
are performing work for the USMS.
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
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 any criminal, civil, or regulatory law enforcement authority
(whether federal, state, territorial, local, tribal, or foreign) where
the information is relevant to the recipient entity's law enforcement
responsibilities;
(b) In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body, when the Department of Justice
determines that the records are arguably relevant to the proceeding; or
in an appropriate proceeding before an administrative or adjudicative
body when the adjudicator determines the records to be relevant to the
proceeding;
(c) To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the Federal Government when
necessary to accomplish an agency function related to this system of
records;
(d) To the news media and the public, including disclosures
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 for
purposes of records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906;
(g) To an actual or potential party to litigation or the party's
authorized representative for the purpose of negotiation or discussion
of such matters as settlement, plea bargaining, or in informal
discovery proceedings;
(h) Where a record, either alone or in conjunction with other
information, indicates a violation or potential violation of law--
criminal, civil, or regulatory in nature--the relevant records may be
referred to the appropriate federal, state, territorial, local, tribal,
or foreign law enforcement authority or other appropriate entity
charged with the responsibility for investigating or prosecuting such
violation or charged with enforcing or implementing such law;
(i) To appropriate officials and employees of a federal agency or
entity which requires information relevant to a decision concerning the
hiring, appointment, or retention of an employee; the issuance,
renewal, suspension, or revocation of a security clearance; the
execution of a security or suitability investigation; the letting of a
contract; or the issuance of a grant or benefit.
(j) To a former employee of the Department for purposes of:
responding to an official inquiry by a federal, state, territorial, or
local government entity or professional licensing authority, in
accordance with applicable Department regulations; or facilitating
communications with a former employee that may be necessary for
personnel-related or other official purposes where the Department
requires information and/or consultation assistance from the former
employee regarding a matter within that person's former area of
responsibility;
(k) To appropriate agencies, entities, and persons when (1) the
Department suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised; (2) the Department has determined that as a result of the
suspected or confirmed compromise there is a risk of harm to economic
or property interests, identity theft or fraud, or harm to the security
or integrity of this system or other systems or programs (whether
maintained by the Department or another agency or entity) that rely
upon the compromised information; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with the Department's efforts to respond to the suspected or
confirmed compromise and prevent, minimize, or remedy such harm.
Disclosure to consumer reporting agencies:
Records in this system are not appropriate for disclosure to
consumer reporting agencies.
[[Page 33517]]
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
STORAGE:
Records are kept in standard folders and kept electronically.
RETRIEVABILITY:
Records are indexed and retrieved by the individual's name and
numerical order of badges and credentials.
Safeguards:
Access is 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.
Records are destroyed when superseded or obsolete.
SYSTEM MANAGER(s) and address:
Assistant Director, Human Resources Division, United States
Marshals Service, CS-3, Washington, DC 20530-1000.
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 address of the System
Manager listed above, Attention: FOI/PA Officer, 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 and the individuals for whom the badges/
credentials are made.
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), Operations Support Division,
CS-3, Washington, DC 20530-1000.
Categories of individuals covered by the system:
USMS employees reported for or investigated for alleged misconduct.
Categories of records in the system:
The Internal Affairs System contains statements of the investigator
and witnesses, exhibits and reports of investigations prepared by the
Office of Inspection, 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 and/or victims to the extent necessary to
provide such persons with information and explanations concerning the
progress and/or results of the investigation or case arising from the
matters of which they complained and/or of which they were a victim;
(b) Where a record, either alone or in conjunction with other
information, indicates a violation or potential violation of law--
criminal, civil, or regulatory in nature--the relevant records may be
referred to the appropriate federal, state, local, territorial, tribal,
or foreign law enforcement authority or other appropriate entity
charged with the responsibility for investigating or prosecuting such
violation or charged with enforcing or implementing such law;
(c) To any person or entity that the USMS Office of Internal
Investigations has reason to believe possesses information regarding a
matter within the jurisdiction of the USMS Office of Internal
Investigations, to the extent deemed to be necessary by the Office in
order to elicit such information or cooperation from the recipient for
use in the performance of an authorized activity;
(d) To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the Federal Government, when
necessary to accomplish an agency function related to this system of
records;
(e) To appropriate officials and employees of a federal agency or
entity which requires information relevant to a decision concerning the
hiring, appointment, or retention of an employee; the issuance,
renewal, suspension, or revocation of a security clearance; the
execution of a security or suitability investigation; the letting of a
contract; or the issuance of a grant or benefit;
(f) In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body, when the Department of Justice
determines that the records are arguably relevant to the proceeding; or
in an appropriate proceeding before an administrative or adjudicative
body when the adjudicator determines the records to be relevant to the
proceeding;
(g) To the news media and the public, including disclosures
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 for
purposes of records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906;
(j) To a former employee of the Department for purposes of:
responding to an official inquiry by a federal, state, territorial or
local government entity or professional licensing authority, in
accordance with applicable Department regulations; or facilitating
communications with a former employee that may be necessary for
personnel-related or other official purposes where the Department
requires
[[Page 33518]]
information and/or consultation assistance from the former employee
regarding a matter within that person's former area of responsibility;
(k) To an actual or potential party to litigation or the party's
authorized representative for the purpose of negotiation or discussion
of such matters as settlement, plea bargaining, or in informal
discovery proceedings.
(l) To appropriate agencies, entities, and persons when (1) the
Department suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised; (2) the Department has determined that as a result of the
suspected or confirmed compromise there is a risk of harm to economic
or property interests, identity theft or fraud, or harm to the security
or integrity of this system or other systems or programs (whether
maintained by the Department or another agency or entity) that rely
upon the compromised information; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with the Department's efforts to respond to the suspected or
confirmed compromise and prevent, minimize, or remedy such harm.
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 the employee's name 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 the case or investigation is closed, and destroyed 10
years after the close of the case or investigation.
System manager(s) and address:
Chief, Office of Inspection, Operations Support Division, U.S.
Marshals Service, CS-3, Washington DC 20530-1000.
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 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 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:
Sources of information contained in this system are the individuals
covered by the system, individuals and entities contacted by
investigators, and government records.
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), (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.
See 28 CFR 16.101.
JUSTICE/USM-004
System name:
Special Deputation Files.
Security Classification:
Limited Official Use.
System location:
United States Marshals Service (USMS), Investigative Services
Division, CS-4, Washington, DC 20530-1000.
Categories of individuals covered by the system:
Federal, state and local law enforcement employees; physical
security and personal protection employees; USMS employees; and USMS
contract personnel appointed to perform the functions of Deputy U.S.
Marshals.
Categories of records in the system:
Special Deputation files contain agency request letters, individual
applications for special deputation, notifications to local U.S.
Marshal to swear in special deputies, copies of oath of office and
credentials of persons utilized as deputy marshals.
Authority for maintenance of the system:
28 CFR subpart T, 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. 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 a federal, state or local law enforcement agency regarding
that agency's USMS deputized employees;
(b) In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body, when the Department of Justice
determines that the records are arguably relevant to the proceeding; or
in an appropriate proceeding before an administrative or adjudicative
body when the adjudicator determines the records to be relevant to the
proceeding;
(c) To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the Federal Government, when
necessary to accomplish an agency function related to this system of
records;
(d) To the news media and the public, including disclosures
pursuant to 28
[[Page 33519]]
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 for
purposes of records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906;
(g) Where a record, either alone or in conjunction with other
information, indicates a violation or potential violation of law--
criminal, civil, or regulatory in nature--the relevant records may be
referred to the appropriate federal, state, local, territorial, tribal,
or foreign law enforcement authority or other appropriate entity
charged with the responsibility for investigating or prosecuting such
violation or charged with enforcing or implementing such law;
(h) To an actual or potential party to litigation or the party's
authorized representative for the purpose of negotiation or discussion
of such matters as settlement, plea bargaining, or in informal
discovery proceedings;
(i) To appropriate officials and employees of a federal agency or
entity which requires information relevant to a decision concerning the
hiring, appointment, or retention of an employee; the issuance,
renewal, suspension, or revocation of a security clearance; the
execution of a security or suitability investigation; the letting of a
contract; or the issuance of a grant or benefit;
(j) A record may be disclosed to designated officers and employees
of state, territorial, local (including the District of Columbia), or
tribal law enforcement or detention agencies in connection with the
hiring or continued employment of an employee or contractor, where the
employee or contractor would occupy or occupies a position of public
trust as a law enforcement officer or detention officer having direct
contact with the public or with prisoners or detainees, to the extent
that the information is relevant and necessary to the recipient
agency's decision;
(k) To a former employee of the Department for purposes of:
responding to an official inquiry by a federal, state, or local
government entity or professional licensing authority, in accordance
with applicable Department regulations; or facilitating communications
with a former employee that may be necessary for personnel--related or
other official purposes where the Department requires information and/
or consultation assistance from the former employee regarding a matter
within that person's former area of responsibility;
(l) To appropriate agencies, entities, and persons when (1) the
Department suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised; (2) the Department has determined that as a result of the
suspected or confirmed compromise there is a risk of harm to economic
or property interests, identity theft or fraud, or harm to the security
or integrity of this system or other systems or programs (whether
maintained by the Department or another agency or entity) that rely
upon the compromised information; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with the Department's efforts to respond to the suspected or
confirmed compromise and prevent, minimize, or remedy such harm.
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 are cut off annually upon expiration and destroyed when
they are five years old.
System manager(s) and address:
Chief of Special Deputation Unit, Investigative Services Division,
U.S. Marshals Service, CS-4, Washington, DC 20530-1000.
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
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 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:
Information is derived from individual applicants and agencies
requesting 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: Witness Security and Prisoner Operations, U.S.
Marshals Service, 11th Floor, CS-4, Washington, DC 20530-1000.
Decentralized Segments: Each district office of the U.S. Marshals
Service (USMS) maintains only 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 at (https://www.usmarshals.gov).
Centralized Segment: The Contractor with whom the USMS has
contracted to establish and manage a nationwide integrated health care
delivery system and to process and pay medical claims will maintain a
single site for appropriate paper documents (e.g., invoices) and
automated files online related to these activities (e.g., names and
addresses of hospitals, physicians and other health care providers and
support service systems).
[[Page 33520]]
Medical Records: Records generated by community physicians,
hospitals, and ancillary support service systems developed by the
Contractor as participants in the Preferred Provider Network (PPN) to
deliver health care services for USMS prisoners are maintained by the
respective offices of these licensed providers. Addresses of these
licensed providers may be obtained by contacting the USMS Office of
Interagency Medical Services (OIMS), Prisoner Services Division at the
address above.
Categories of individuals covered by the system:
Arrestees, fugitives, prisoners, and other individuals under
custody of the USMS and prisoner health care services providers under
the USMS Managed Health Care Contract.
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
individual taken into the U.S. Marshals Service's custody including
identifying data, reason for U.S. Marshal custody (e.g., Federal
indictment, complaint, or writ), the court disposition of charges,
custody dates, and institutions to which individuals are committed or
housed. The records also encompass 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; names of health care providers at the housing unit, social
workers, attorneys, family members and USMS contact personnel; special
issue or treatment notices; names and addresses of community treatment
facilities, physicians and other community health care providers and
support service systems, dates of service, provider tax identification
numbers; medical care given, cost of care, and billing records. Medical
records generated by health care providers may be included in this
system of records, as necessary for continuity of care/appropriate care
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
individuals in USMS's custody. Medical records included in this system
assist consultation and coordination between the USMS district office,
the housing unit, treatment facility, health care provider,
transportation facility, and other Federal agencies, e.g., BOP, to
ensure that prisoners in custody of the U.S. Marshals 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:
Records or information may be disclosed:
(a) To other federal, state, local or foreign law enforcement
agencies; contractors and/or subcontractors; contract detention or
medical facilities; and health care providers to protect and ensure the
safety and/or health of prisoners, the public, and law enforcement
officials; to ensure fair and proper treatment of prisoners during
custody and transfer of custody; to assist the USMS in pursuing any
necessary inquiry/investigation of complaints, alleged misconduct or
criminal activity; to process and pay medical claims; and to perform
evaluation duties. For example, relevant records or information may be
disclosed to secure the safe and efficient transfer of prisoners 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;
(b) To any criminal, civil, or regulatory law enforcement authority
(whether federal, state, territorial, local, tribal, or foreign) where
the information is relevant to the recipient entity's law enforcement
responsibilities.
(c) In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body, when the Department of Justice
determines that the records are arguably relevant to the proceeding; or
in an appropriate proceeding before an administrative or adjudicative
body when the adjudicator determines the records to be relevant to the
proceeding;
(d) To an actual or potential party to litigation or the party's
authorized representative for the purpose of negotiation or discussion
of such matters as settlement, plea bargaining, or in informal
discovery proceedings;
(e) To the news media and the public, including disclosures
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 for
purposes of records management inspections
[[Page 33521]]
conducted under the authority of 44 U.S.C. 2904 and 2906;
(h) To federal, state, territorial, local, tribal, foreign or
international licensing agencies or associations which require
information concerning the suitability or eligibility of an individual
for a license or permit;
(i) A record may be disclosed to designated officers and employees
of state, territorial, local (including the District of Columbia), or
tribal law enforcement or detention agencies in connection with the
hiring or continued employment of an employee or contractor, where the
employee or contractor would occupy or occupies a position of public
trust as a law enforcement officer or detention officer having direct
contact with the public or with prisoners or detainees, to the extent
that the information is relevant and necessary to the recipient
agency's decision;
(j) To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the Federal Government, when
necessary to accomplish an agency function related to this system of
records;
(k) To a former employee of the Department for purposes of:
responding to an official inquiry by a federal, state, territorial, or
local government entity or professional licensing authority, in
accordance with applicable Department regulations; or facilitating
communications with a former employee that may be necessary for
personnel-related or other official purposes where the Department
requires information and/or consultation assistance from the former
employee regarding a matter within that person's former area of
responsibility;
(l) To appropriate agencies, entities, and persons when (1) the
Department suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised; (2) the Department has determined that as a result of the
suspected or confirmed compromise there is a risk of harm to economic
or property interests, identity theft or fraud, or harm to the security
or integrity of this system or other systems or programs (whether
maintained by the Department or another agency or entity) that rely
upon the compromised information; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with the Department's efforts to respond to the suspected or
confirmed compromise and prevent, minimize, or remedy such harm.
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 and electronic records are stored on magnetic discs.
Retrievability:
Information is retrieved by name and/or number of individual in
custody, and/or health care provider. Records retrieved by name or
number of health care provider will consist of the provider's address,
name and number of prisoners treated, claim number, dates of service,
nature of service, amount billed, USMS amount allowed, amount saved,
and percentage saved.
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.
All USMS contractors must have personnel security clearances
commensurate with the highest level of information processed by the
system, in this case Limited Official Use. Encryption technology shall
be applied to passwords and symmetric or private asymmetric keys,
activities of a system administrator or for system maintenance, and
information stored on laptop computers. All information technology
systems within a component are subject to the certification and
accreditation process.
Retention and disposal:
General prisoner records are kept in active files until a prisoner
has been transferred from the custody of USMS. After a prisoner leaves
USMS custody, the file is closed, and at the end of the year, closed
files are separated from active files. Closed files are maintained for
one year after separation, then are transferred to a Federal Records
Center, and are destroyed after 10 years, or sooner, if ordered by the
Court. This does not apply to records maintained by the Contractor,
which are discussed below.
The Contractor will maintain all appropriate paper documents (i.e.,
invoices, etc.) and automated online files for the duration of the
contract performance. Computer storage media containing Limited
Official Use information will be overwritten or degaussed prior to
release of the storage media outside the USMS. At the end of the
contract, the contractor shall turn over all paper documents and
automated files of the database offline to the USMS within two weeks of
contract expiration. All paper documents and automated files of the
database will be maintained in accordance with the General Records
Schedule 6, Item 1a (Accountable Officers' Files), as published by
NARA, unless a longer retention period is necessary because of pending
administrative or judicial proceedings.
The retention and disposal procedures for this system of records
are in accordance with the NARA disposition authority for the USMS
which is NI 527-99-1, or the General Records Schedule as appropriate.
System manager(s) and address:
Assistant Director, Witness Security and Prisoner Operations,
United States Marshals Service, 11th Floor, CS-4, Washington, DC 20530-
1000.
Notification procedure:
Same as ``Record access procedures.''
Record access procedures:
Requests for access must be in writing and should be addressed to
the System Manager named above, Attention: FOI/PA Officer. The envelope
and letter should be clearly marked ``Privacy Act Access Request.'' The
request should include a general description of the records sought and
must include the requester's full name, current address, and date and
place of birth. The request must be signed, dated, and either notarized
or submitted under penalty of perjury. Some information may be exempt
from access provisions as described in the section entitled
``Exemptions Claimed for the System.'' An individual who is the subject
of a record in this system may access those records that are not exempt
from disclosure. A determination whether a record may be accessed will
be made at the time a request is received.
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 the
identifying information required above in ``Record access procedures'',
what information is being contested, the reasons for contesting it, and
the proposed amendment to the information sought. Some information may
be exempt from contesting record procedures as described in the section
entitled ``Exemptions Claimed for the
[[Page 33522]]
System.'' An individual who is the subject of a record in this system
may amend those records that are not exempt. A determination whether a
record may be amended will be made at the time a request is received.
Record source categories:
Information is received from the individual in custody; the courts,
federal, state, territorial, local, tribal and foreign law enforcement
agencies and personnel; witnesses; and medical care professionals and/
or facilities.
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 5 U.S.C. 553(b), (c)
and (e) and have been published in the Federal Register. The rules are
codified at 28 CFR 16.101(q) and (r).
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, CS-3, Washington, DC 20530-1000.
b. Decentralized segments: Individual training files and the
Fitness in Total (FIT) Program training assessment files, identified as
items (1) and (3) under ``Categories 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
(https://www.usdoj.gov/marshals/usmsofc.html).
Categories of individuals covered by the system:
Trainees hired as Deputy U.S. Marshals and Deputy U.S. Marshals.
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 are 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 purposes of such uses:
Records or information may be disclosed as a routine use:
(a) In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body, when the Department of Justice
determines that the records are arguably relevant to the proceeding; or
in an appropriate proceeding before an administrative or adjudicative
body when the adjudicator determines the records to be relevant to the
proceeding;
(b) To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the Federal Government, when
necessary to accomplish an agency function related to this system of
records;
(c) To appropriate officials and employees of a federal agency or
entity which requires information relevant to a decision concerning the
hiring, appointment, or retention of an employee; the issuance,
renewal, suspension, or revocation of a security clearance; the
execution of a security or suitability investigation; the letting of a
contract; or the issuance of a grant or benefit;
(d) To the news media and the public, including disclosures
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 for
purposes of records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906;
(g) To an actual or potential party to litigation or the party's
authorized representative for the purpose of negotiation or discussion
of such matters as settlement, plea bargaining, or in informal
discovery proceedings;
(h) A record may be disclosed to designated officers and employees
of state, territorial, local (including the District of Columbia), or
tribal law enforcement or detention agencies in connection with the
hiring or continued employment of an employee or contractor, where the
employee or contractor would occupy or occupies a position of public
trust as a law enforcement officer or detention officer having direct
contact with the public or with prisoners or detainees, to the extent
that the information is relevant and necessary to the recipient
agency's decision;
(i) To any criminal, civil, or regulatory law enforcement authority
(whether federal, state, local, territorial, tribal, or foreign) where
the information is relevant to the recipient entity's law enforcement
responsibilities;
(j) To a former employee of the Department for purposes of:
responding to an official inquiry by a federal, state, territorial, or
local government entity or professional licensing authority, in
accordance with applicable Department regulations; or facilitating
communications with a former employee that may be necessary for
personnel--related or other official
[[Page 33523]]
purposes where the Department requires information and/or consultation
assistance from the former employee regarding a matter within that
person's former area of responsibility;
(k) To appropriate agencies, entities, and persons when (1) the
Department suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised; (2) the Department has determined that as a result of the
suspected or confirmed compromise there is a risk of harm to economic
or property interests, identity theft or fraud, or harm to the security
or integrity of this system or other systems or programs (whether
maintained by the Department or another agency or entity) that rely
upon the compromised information; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with the Department's efforts to respond to the suspected or
confirmed compromise and prevent, minimize, or remedy such harm.
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 the employee's name.
Safeguards:
Records are maintained in metal filing cabinets which are locked
during non-duty 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 for five (5) years then the magnetic disks are
erased and paper records are archived in the Federal Records Center and
destroyed when 20 years old, unless the employee leaves the USMS at
which time paper records are transferred to another agency, or sent to
the OPM records center.
System manager(s) and address:
Assistant Director, Human Resources Division, USMS, CS-3,
Washington, DC 20530-1000.
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 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/USMS-008
System name:
Witness Security Files Information System.
Security classification:
Limited Official Use.
System location:
Witness Security and Prisoner Operations, United States Marshals
Service (USMS), CS-4, Washington, DC 20530-1000.
Categories of individuals covered by the system:
Government witnesses or potential witnesses and their families
authorized to participate in the Witness Security Program.
Categories of records in the system:
This system contains requests to enter the Witness Security
Program, authorizations to enter the program, identifying and
background information on the witness and/or the witness's family,
funding information, and moving information.
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 an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body, when the Department of Justice
determines that the records are arguably relevant to the proceeding; or
in an appropriate proceeding before an administrative or adjudicative
body when the adjudicator determines the records to be relevant to the
proceeding;
(b) To the news media and the public, including disclosures
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 the National Archives and Records Administration for
purposes of records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906;
(d) Where a record, either alone or in conjunction with other
information, indicates a violation or potential violation of law--
criminal, civil, or regulatory in nature--the relevant records may be
referred to the appropriate federal, state, territorial, local, tribal,
or foreign law enforcement authority or other appropriate entity
charged with the responsibility for investigating or prosecuting such
violation or charged with enforcing or implementing such law;
(e) To an actual or potential party to litigation or the party's
authorized
[[Page 33524]]
representative for the purpose of negotiation or discussion of such
matters as settlement, plea bargaining, or in informal discovery
proceedings;
(f) To appropriate officials and employees of a federal agency or
entity which requires information relevant to a decision concerning the
hiring, appointment, or retention of an employee; the issuance,
renewal, suspension, or revocation of a security clearance; the
execution of a security or suitability investigation; the letting of a
contract; or the issuance of a grant or benefit;
(g) To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the Federal Government, when
necessary to accomplish an agency function related to this system of
records;
(h) To a former employee of the Department for purposes of:
responding to an official inquiry by a federal, state, or local
government entity or professional licensing authority, in accordance
with applicable Department regulations; or facilitating communications
with a former employee that may be necessary for personnel-related or
other official purposes where the Department requires information and/
or consultation assistance from the former employee regarding a matter
within that person's former area of responsibility;
(i) To any criminal, civil, or regulatory law enforcement authority
(whether federal, state, territorial, local, tribal, or foreign) where
the information is relevant to the recipient entity's law enforcement
responsibilities;
(j) To appropriate agencies, entities, and persons when (1) the
Department suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised; (2) the Department has determined that as a result of the
suspected or confirmed compromise there is a risk of harm to economic
or property interests, identity theft or fraud, or harm to the security
or integrity of this system or other systems or programs (whether
maintained by the Department or another agency or entity) that rely
upon the compromised information; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with the Department's efforts to respond to the suspected or
confirmed compromise and prevent, minimize, or remedy such harm.
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:
Witness case files will be closed upon witness termination from the
Witness Security Program and retained in the custody of the USMS for 15
years, thereafter they will be transferred to the Federal Records
Center and destroyed 75 years after termination. Financial records are
destroyed after three years and three months in accordance with General
Records Schedules 6, 7 and 8.
System manager(s) and address:
Witness Security and Prisoner Operations, U.S. Marshals Service,
CS-4, Washington, DC 20530-1000.
Notification proc