SYSTEM NAME:

Corps of Engineers Case Management Information Files  (October 13, 2015,  80 FR 61384)

SYSTEM LOCATION:

U.S. Army Corps of Engineers Central Processing Center, 3909 Halls Ferry Road, Vicksburg, MS 39180-6199, with input and access locations at all Corps of Engineers' Counsel Offices. Official mailing addresses are published as an appendix to the Army's compilation of system of records notices or may be obtained from the system manager.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Individuals involved in litigation, contract claims and appeals, procurement fraud, potentially responsible party negotiations under the Comprehensive Environmental Response Compensation and Liability Act, and patents and technology transfer with the Corps of Engineers, including parties to the action, attorneys, forum officials, contracting officers, project managers, inventors, witnesses, Corps of Engineers' attorneys and other Federal agency attorneys.

CATEGORIES OF RECORDS IN THE SYSTEM:

Records relating to litigation, contract claims and appeals, procurement fraud, potentially responsible party negotiations under the Comprehensive Environmental Response Compensation and Liability Act and patents and technology transfer, involving the Corps of Engineers; including names, addresses and phone numbers of individuals; docket or contract number; office symbol; file number; case name; the forum name; title of action; date of action; type of action; category of action; status of the action; disposition of action; summaries of the action; action number; amount of award; project name and location; remedies or relief requested; milestones and suspense dates; title of invention; and royalty information.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 301, Departmental Regulations; 15 U.S.C. Chapter 1, Monopolies and Combinations in Restraint of Trade; 31 U.S.C. 3729 False Claims; and 42 U.S.C. 9601 et seq. (1980), Comprehensive Environmental Response, Compensation, and Liability Act.

PURPOSE(S):

To allow the Corps of Engineers legal offices to manage legal work and to identify and contact individuals involved in litigation, contract claims and appeals, procurement fraud, potentially responsible party negotiations under the Comprehensive Environmental Response Compensation and Liability Act; and patents and technology transfer, involving the Corps of Engineers.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:

In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974, as amended, these records contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:

Litigation, contract claims and appeals and procurement fraud records may be disclosed to Department of Justice and U.S. Attorney's offices for use in litigation. Most of this information is filed in the courts and is therefore a public record.

Names of companies or organizations, and their representatives, involved in potentially responsible party negotiations may be disclosed to the Environmental Protection Agency, Department of Justice, and the involved parties to facilitate potentially responsible party negotiations.

Patent records may be disclosed to The U.S. Patent and Trademark Office; Department of Commerce; appropriate authorities in foreign countries, for foreign patent filings; parties to a licensing arrangement for specific files involved; and contractors and government agencies, to conduct patent investigations and evaluations.

The DoD Blanket Routine Uses set forth at the beginning of the Army's compilation of systems of records notices may apply to this system. The complete list of DoD blanket routine uses can be found online at: http://dpcld.defense.gov/​Privacy/​SORNsIndex/​BlanketRoutineUses.aspx.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Electronic storage media and paper records.

RETRIEVABILITY:

By individual's name, address and telephone number; in conjunction with the title of the action; forum name; docket or contract number; office symbol; file number; type of action; category of action; disposition of action; date of action and amount of award.

SAFEGUARDS:

Electronic and paper records are maintained in controlled areas accessible only to authorized legal office personnel. Physical security differs from site to site, but the automated records are maintained in controlled areas accessible only by authorized personnel. Access to electronic records is restricted by use of common access cards (CACs) and is accessible only by users with an authorized account. The system and electronic backups are maintained in controlled facilities that employ physical restrictions and safeguards such as security guards, identification badges, key cards, and locks.

RETENTION AND DISPOSAL:

Records relating to Civil Works litigation, contract claims and appeals and potentially responsible party negotiations are retained for 30 years or indefinitely depending on the specific case. Records for cases and contract claims not involving litigation are retained for 10 years. Records relating to procurement fraud matters are retained for 1 year after the close of the case. Records relating to government patent applications are retained for 25 years. Records relating to technology transfer matters are retained until superseded or obsolete.

SYSTEM MANAGER(S) AND ADDRESS:

Chief Counsel, U.S. Army Corps of Engineers, 441 G Street NW., Washington, DC 20314-1000.

NOTIFICATION PROCEDURE:

Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Chief Counsel, ATTN: CECC-ZB, U.S. Army Corps of Engineers, 441 G Street NW., Washington, DC 20314-1000.

Individuals must provide full name, current address and telephone number, category of record (litigation, contract claims and appeals, procurement fraud, potentially responsible party negotiations, patents or technology transfer) and signature.

In addition, the requester must provide a notarized statement or an unsworn declaration made in accordance with 28 U.S.C. 1746, in the following format:

If executed outside the United States: ‘I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature).'

If executed within the United States, its territories, possessions, or commonwealths: ‘I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature).'

RECORD ACCESS PROCEDURES:

Individuals seeking access to records about themselves contained in this system should address written inquiries to the Chief Counsel, U.S. Army Corps of Engineers, ATTN: CECC-ZB, 441 G Street NW., Washington, DC 20314-1000.

Individual must provide full name, current address and telephone number, category of record (litigation, contract claims and appeals, procurement fraud, potentially responsible party negotiations, patents or technology transfer) and signature.

In addition, the requester must provide a notarized statement or an unsworn declaration made in accordance with 28 U.S.C. 1746, in the following format:

If executed outside the United States: ‘I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature).'

If executed within the United States, its territories, possessions, or commonwealths: ‘I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature).'

CONTESTING RECORD PROCEDURES:

The Army's rules for accessing records, and for contesting contents and appealing initial agency determinations are contained in Department of the Army Regulation 340-21; 32 CFR part 505; or may be obtained from the system manager.

RECORD SOURCE CATEGORIES:

From documents provided by the individual, his/her attorney, court records, Army records, investigation reports, other Federal agencies, and state and local agencies.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

FEDERAL REGISTER HISTORY:

Sep 19, 1994, 59 FR 47843;