38344 Federal Register / Vol. 48, No. 164 / Tuesday, August 23. 1983 / Notices log books, out cards, etc. The criminal CONTESTING RECORD PROCEDURES: Correspondence; and (i) Files Unique to files themselves are maintained in The major part of the information a District. criminal file folders (USA-S1 and USA- maintained in this system is exempt 33). The synopsis information is from this requirement under 5 U.S.C AUTHORITY FOR MAINTENANCE OF THE maintained on a Criminal Docket Card 552a (j)(2), (k)(l) and/or (k)(2). To the SYSTEM: (USA-T7) and Appellate Proceedings extent that this system is not subject to This system is established and (USA-9X-199). exemption, it is subject to contest. A maintained pursuant to 5 U.S.A. 301 and determination as to exemption shall be 44 USC 3101. RETRIEVABILITY: made at the time a request for contest is Information is retrieved primarily by received. Individuals desiring to contest ROUTINE USES OF RECORDS MAINTAINED IN the name of a person, complaint number, or amend information maintained in the THE SYSTEM, INCLUDING CATEGORIES OF court docket number. FBI number. system should direct their request to the USERS AND THE PURPOSES OF SUCH USES: Metropolitan Department System Manager listed above, stating A record maintained in this system of identification number and District of clearly and concisely what information records may be disseminated as a Columbia Department of Corrections is being contested, the reasons for routine use of such record as follows: number. contesting it, and the proposed (a) In any case in which there is an amendment to the information sought. indication of a violation or potential SAFEGUARDS: violation of law criminal or regulatory in Information contained in the system is RECORD SOURCE CATEGORIES: nature, the record in question may be both unclassified and classified and is Sources of information contained in disseminated to the appropriate Federal, safeguarded and protected by being this system include but are not limited state, local, or foreign agency charged maintained in filerooms which are to investigative reports of federal, state with the responsibility for investigating manned during all times that they are and local law enforcement agencies, or prosecuting such violation or charged open and at other times are locked. forensic reports, statements of witnesses with enforcing or implementing such These rooms are located in the Superior and parties, as well as verbatim law; Court for the District of Columbia, transcripts of proceedings (b) In the course of investigating the Buildings B and G which are guarded by and court proceedings, memoranda and potential or actual violation of any law, the federal protective service twenty reports from the court and agencies criminal, or regulatory in nature, or four hours a day with roving patrols thereof and work product of Assistant during the course of a trial or hearing or during non-working hours. Files which United States Attorney and legal the preparation for a trial or hearing for are not in the filerooms but which are assistants working on particular cases. such violation, a record may be checked out to attorneys are maintained disseminated to a Federal, state, local, in locked offices after working hours. SYSTEMS EXEMPTED FROM CERTAIN or foreign agency, or to an individual or PROVISIONS OF THE ACT: organization, if there is reason to believe RETENTION AND DISPOSAL: The Attorney General has exempted that such agency, individual, or The files are retained and disposed of this system from subsections (c) (3) and organization possesses information in accordance with Title 8. U.S. (4). (d), (e) (1), (2) and (3), (e)(4) (G) and relating to the investigation, trial, or Attorney's Manual, pages 70-77. (H), (e) (5) and (8). (f). (g). and (h) of the hearing and the dissemination is Privacy Act pursuant to 5 U.S.C. 552a reasonably necessary to elicit such SYSTEM MANAGER(S) AND ADDRESS: (j)(2) and (k) (1) and (2). Rules have been information or to obtain the cooperation Administrative Officer U.S. promulgated in accordance with the of a witness or an informant; Attorney's Office; Superior Court requirements of 5 U.S.C. 533 (b), (c) and (c) A record relating to a case or Division; Room 108. Building B; 4th & F (e) and have been published in the Street, NW.; Washington. D.C. 20001. matter may be disseminated in an Federal Register. appropriate Federal, state, local, or NOTIFICATION PROCEDURE: JUSTICE/USA-014 foreign court or grand jury proceeding in Address inquiries to the System accordance with established Manager. SYSTEM NAME: constitutional, substantive, or Pre-Trial Diversion Program Files. procedural law or practice; RECORD ACCESS PROCEDURES: (d) A record relating to a case or The major part of the information SYSTEM LOCATION: matter may be disseminated to a maintained in this system is exempt Ninety-four United States Attorneys' Federal, state, or local administrative or from this requirement under 5 U.S.C. Offices (See attached Appendix). regulatory proceeding or hearing in accordance with the procedures 552a (j)(2), (k)(l) and/or (k)(2). To the CATEGORIES OF INDIVIDUALS COVERED BY THE extent that this system is not subject to SYSTEM: governing such proceeding or hearing; exemption, it is subject to access. A Individuals referred to in potential or (e) A record relating to a case or determination as to exemption shall be actual pre-trial diversion cases. matter be disseminated to an actual or made at the time a request for access is potential party or his attorney for the received. A request for access to a CATEGORIES OF RECORDS IN THE SYSTEM: purpose of negotiation or discussion on record from this system shall be made in (a) USA Form 184—Referral letter to such matters as settlement of the case or writing, with the envelope and the letter Service; (b) USA Form 185— matter, bargaining, or informal clearly marked "Privacy Access Letter to defendant; (c) USA Form 186— discovery proceedings; Request." Include in the request the Agreement for Pre-Trial Diversion; (d) (f) A record relating to a case or general subject matter of the document USA Form 187—Pre-Trial Diversion matter that has been referred by an or its file number. The requester will Report Form; (e) USA Form 188— agency for investigation prosecution or also provide a return address for Certification of Completion of Program; enforcement, or that involves a case or transmitting the information. Access (f) USA Form 189—Defendant matter within the jurisdiction of an requests will be directed to the System agency, may be disseminated to such Manager listed above. Application Form; (g) Telephone Records; (h) Miscellaneous agency to notify the agency of the status Federal Register / Vol. 48, No. 164 / Tuesday, August 23, 1983 / Notices 38345 of the case or matter of any decision or (n) A record may be accessed by 552a (j)(2). (k)(l) and/or (k)(2). To the determination that has been made, or to volunteer student workers and students extent that this system is not subject to make such other inquiries and reports as working under a college work-study exemption, it is subject to access. A are necessary during the processing of program, as is necessary to enable them determination as to exemption shall be the case or matter; to perform their function. made at the time a request for access is (g) A record relating to a person held Release of information to the National received. A request for access to a in custody pending or during Archives and Records Service: A record record from this system shall be made in , trial, , or from a system of records may be writing, with the envelope and the letter proceedings, or after disclosed as a routine use to the clearly marked "Privacy Access or after extradition National Archives and Records Service Request." Include in the request the proceedings, may be disseminated to a (NARS) in records management name of the individual involved, his Federal, state, local, or foreign prison, inspections conducted under the birth date and place, or any other probation, parole, or pardon authority, authority of 44 U.S.C. 2904 and 2908. identifying number or information which or to any other agency or individual may be of assistance in locating the concerned with the maintenance. POLICIES AND PRACTICES FOB STORING, RETRIEVING, ACCESSING, RETAINING, AND record and the name of the case or transportation, or release of such a matter involved, if known. The requester person; DISPOSING OF RECORDS IN THE SYSTEM shall also provide a return address for (h) A record relating to a case or STORAGE: transmitting the information. Access matter may be disseminated to a foreign All information, except that specified requests will be directed to the System country pursuant to an international in this paragraph, is recorded on basic Manager. (See attached Appendix.) treaty or convention entered into and paper/cardboard material, and stored ratified by the United States or to an within manila file folders, within metal CONTESTING RECORD PROCEDURES: executive agreement; file cabinets, electric file/card retrievers The major part of the information (i) A record may be disseminated to a or safes. Some material is recorded and maintained in this system is exempt Federal, state, local, foreign, or stored on magnetic tape, card or other from this requirement under 5 U.S.C. international law enforcement agency to data processing type storage matter for 552a (j)(2), (k)(l) and/or (k)(2). To the assist in the general prevention reproduction later into conventional extent that this system is not subject to and detection efforts of the recipient formats. exemption, it is subject to contest. A agency or to provide investigation leads determination as to exemption shall be to such agency; RETRIEVABILITY: made at the time a request for contest is Information is retrieved by the name (j) A record may be disseminated to a received. Individuals desiring to contest of the person, case number or complaint or amend information maintained in the Federal agency, in response to its number. request in connection with the hiring or system should direct their request to the retention of an employee, the issuance System Manager (see attached SAFEGUARDS: Appendix) stating clearly and concisely of a security clearance, the reporting of Information in the system is both an investigation of an employee, the what information is being contested the confidential and nonconfidential and reasons for contesting it, and the letting of a contract, or the issuance of a located in file cabinets in the United license, grant, or other benefit by the proposed amendment to the information States Attorney offices. Some materials sought. requesting agency, to the extent that the are located in locked file drawers and information relates to the requesting safes, and others in unlocked file agency's decision on the matter; drawers. Offices are locked during RECORD SOURCE CATEGORIES: (k) A record may be disseminated to nonworking hours and are secured by Sources of information contained in the public, news media, trade either Federal Protective Service, United this system include, but are not limited associations, or organized groups, when States Postal Service, or private building to investigative reports of Federal, state the purpose of the dissemination is guards. and local law enforcement agencies; educational or information, such as client agencies of the Department of descriptions of crime trends or RETENTION AND DISPOSAL: Justice; other non-Department of Justice distinctive or unique modus operandi, Records are maintained and disposed investigative agencies; forensic reports; provided that the record does not of in accordance with Department of statements of witnesses and parties; contain any information identifiable to a Justice retention plans. verbatim transcripts of Grand Jury and specific individual; court proceedings; data; memoranda and (1) A record may be disseminated to a SYSTEM MANAGER(S) AND ADDRESS: reports from the Court and agencies foreign country, through the United System Manager for the system in thereof; and the work product of States Department of State or directly to each office is the Administrative Assistant United States Attorneys, the representative of such country, to Officer/Assistant, for the U.S. Attorney Department of Justice attorneys and the extent necessary to assist such for each district. (See attached staff, and legal assistants working on country in apprehending and/or Appendix.) particular cases. returning a fugitive to a jurisdiction NOTIFICATION PROCEDURE: which seeks his return. SYSTEMS EXEMPTED FROM CERTAIN Address inquiries to the System (m) A record that contains classified Manager for the judicial district in PROVISIONS OF THE ACT: national security information and which the diversion application or The Attorney General has exempted material may be disseminated to approval was made. (See attached this system from subsections (c) (3) and persons who are engaged in historical Appendix.) (4). (d), (e) (1), (2) and (3), (e)(4) (G) and research projects, or who have (H), (e) (5) and (8), (f). (g) and (h) of the previously occupied policy making RECORD ACCESS PROCEDURES: Privacy Act pursuant to 5 U.S.C. 552a positions to which they were appointed The major part of the information (j)(2) and (k) (1) and (2). Rules have been by the President, in accordance with the maintained in this system is exempt promulgated in accordance with the provisions codified in 28 CFR 17.60; and from this requirement under 5 U.S.C requirements of 5 U.S.C. 553 (b), (c) and 38346 Federal Register / Vol. 48, No. 164 / Tuesday. August 23, 1983 / Notices

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