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Office of the Solicitor
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Privacy Act Systems - DOL/SOL-3

SYSTEM NAME:

    Tort Claim Files.

SECURITY CLASSIFICATION:

    Unclassified.

SYSTEM LOCATION:

    Office of the Solicitor, Division of Employee Benefits, 200 Constitution Avenue, NW, Washington, DC 20210-0002; Offices of the Regional Solicitors and Associate Regional Solicitors at various field locations set forth in the Appendix.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

    Individuals filing claims for damages under the Federal Tort Claims Act.

CATEGORIES OF RECORDS IN THE SYSTEM:

    Federal Tort Claim Act files, including claims forms and supporting documents filed by claimants, agency records, administrative reports and supporting documents prepared by the agency involved, internal memoranda, legal pleadings, decisions, and other documents received in connection with Federal Tort Claims Act administrative claims and litigation.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

    28 U.S.C. 2671 et seq.

PURPOSE(S):

    To maintain records necessary for adjudication of claims and defense of litigation filed under the Federal Tort Claims Act.

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

    In addition to those universal routine uses contained in the General Prefatory Statement to this document, where an administrative claim or litigation under the Federal Tort Claims Act is filed with or involves allegations concerning more than one federal agency, relevant information in this system of records, including documents submitted in support of the administrative claim, may be disclosed to the relevant agency or agencies for their input and independent adjudication of the claim.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:

    None.

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

STORAGE:

    Manual files.

RETRIEVABILITY:

    Name of claimant.

SAFEGUARDS:

    Files are kept in office suites that are locked after working hours.

RETENTION AND DISPOSAL:

    These records are maintained as long as a case is open. Upon conclusion of the matter, files are maintained for two years then transferred to the Federal Records Center for two years and then destroyed.

SYSTEM MANAGER(S) AND ADDRESS:

    Associate Solicitor for Employee Benefits in Washington, DC, and Regional Solicitors and Associate Regional Solicitors in various locations in the field.

NOTIFICATION PROCEDURE:

    See system managers and addresses.

RECORD ACCESS PROCEDURE:

    To see your records, write to the office responsible for adjudicating your claim and describe as specifically as possible the records sought. The inquirer should furnish the following information:

  1. Full name and address

  2. Date and place of the incident or accident

  3. Claim number assigned to claim (if known)

  4. Signature

CONTESTING RECORD PROCEDURES:

    See record access procedures.

RECORDS SOURCE CATEGORIES:

    Claimants, current and former employers, witnesses, physicians and/or medical providers, insurance companies attorneys, police, hospitals, and other persons.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:

    None.