Privacy Act of 1974; System of Records, 12196-12198 [E7-4782]

Agencies

• Department of Justice

[Federal Register Volume 72, Number 50 (Thursday, March 15, 2007)]
[Notices]
[Pages 12196-12198]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-4782]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 004-2007]


Privacy Act of 1974; System of Records

AGENCY: Department of Justice.

ACTION: Notice.

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SUMMARY: Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a) and Office 
of Management and Budget (OMB) Circular No. A-130, Appendix I, Federal 
Agency Responsibilities for Maintaining Records About Individuals, 
notice is hereby given that the Department of Justice (DOJ or Justice) 
is establishing the following new system of records: ``Justice Federal 
Docket Management System [Justice FDMS], DOJ-013.'' Justice FDMS allows 
the public to search, view, download, and comment on all Department of 
Justice rulemaking documents in one central online system. This system 
notice covers the various records maintained by all Department of 
Justice components pertaining to public comments under the Justice 
FDMS.

DATES: In accordance with 5 U.S.C. 552a (e)(4) and (11), the public is 
given a 30-day period in which to comment, and the Office of Management 
and Budget (OMB) which has oversight responsibility under the Privacy 
Act, requires a 40-day period in which to conclude its review of the 
system. Written comments must be postmarked, and electronic comments 
must be sent, on or before April 24, 2007.

ADDRESSES: Address all comments to Mary Cahill, Management Analyst, 
Management and Planning Staff, Justice Management Division, Department 
of Justice, Washington, DC 20530, mary.e.cahill@usdoj.gov, facsimile 
number 202-307-1853.

FOR FURTHER INFORMATION CONTACT: Mike Duffy, Deputy Chief Information 
Officer for E-Government on 202-514-0507.

SUPPLEMENTARY INFORMATION: The Federal Docket Management System (FDMS) 
serves as a central, electronic repository for all Federal rulemaking 
dockets, which may include, but are not necessarily limited to, Federal 
Register Notices of Proposed Rulemaking, Interim Rules, supporting 
materials such as scientific or economic analyses, and public comments, 
as well as non-rulemaking dockets, such as Notices, at the option of 
the agency or component. Although it is likely that, in the future, the 
Department will use the FDMS as its electronic record keeping system in 
accordance with the Federal Records Act, 44 U.S.C. 3301 et seq., for 
DOJ FDMS records, at present the permanent recordkeeping system for DOJ 
will remain a paper record keeping system. The FDMS is a system used by 
all Federal agencies that conduct rulemakings.
    The Department of Justice is publishing this new system of records 
notice for the E-Government, E-Rulemaking Initiative's FDMS, in order 
to satisfy the applicable requirements of the Privacy Act. Previously 
the Environmental Protection Agency (EPA) published a notice in the 
Federal Register (70 FR 15086, March 24, 2005) as the Program Manager 
for the Federal-wide E-Rulemaking Initiative. This present notice 
provides information specific to the Department of Justice and its 
components and their use of electronic documents posted on, or 
submitted to, Justice FDMS, and replaces the EPA notice for DOJ records 
in the FDMS.
    Members of the public who use FDMS to submit a comment on a DOJ 
Federal rulemaking may be asked to provide name and contact information 
(e-mail or mailing address). If that comment meets all requirements, as 
determined by the Department of Justice or the component publishing the 
rulemaking, the comment will be posted on the Internet at the FDMS Web 
site--https://www.regulations.gov--for public viewing, and all the 
contents of the posted comment will be searchable. The FDMS is a system 
with full text search capability, that would include any name and 
identifying information submitted in the body of the comment. Names of 
individuals and organizations submitting comments using Justice FDMS 
will be posted on the https://www.regulations.gov site with their 
respective comments for public viewing. Contact information (e-mail or 
mailing address) will not be available for public viewing, unless the 
submitter includes that information in the body of the comment. Under 
any circumstances, contact information will be retained by the agency 
or the component as part of this system.
    A component may choose not to post certain types of information 
contained in a comment submission, yet preserve the entire comment to 
be reviewed and considered as part of the rulemaking docket by the 
component. For example, comments containing material restricted from 
disclosure by Federal statute may not be publicly posted, but will be 
retained and evaluated/considered by the receiving component.
    The Justice FDMS contains information that is submitted to the 
Department in support of Federal rulemakings. The portion of this 
system that is covered by the Privacy Act includes the personally 
identifiable information submitted by commenters.
    In accordance with 5 U.S.C. 552a (r), the Department has provided a 
report to OMB and appropriate Members of Congress.

    Dated: March 5, 2007.
Lee J. Lofthus,
Assistant Attorney General for Administration.
Department of Justice

DOJ-013

System Name:
    Justice Federal Docket Management System (Justice FDMS).

Security Classification:
    None.

[[Page 12197]]

System Location:
    U.S. Department of Justice, 950 Pennsylvania Ave., NW., Washington, 
DC 20530 and other Department of Justice offices.

Categories of Individuals Covered by the System:
    Any person--including private individuals, representatives of 
Federal, State or local governments, businesses, and industries, that 
provides personally identifiable information pertaining to DOJ and 
persons mentioned or identified in the body of a comment.

Categories of Records in the System:
    Agency rulemaking material includes but is not limited to public 
comments received through FDMS pertaining to DOJ rulemaking where such 
comments contain personally identifiable information; and any other 
supporting rulemaking documentation.

Authority for Maintenance of the System:
    Section 206(d) of the E-Government Act of 2002 (Pub. L. 107-347, 44 
U.S.C. Chapter 36).

Purpose(s):
    To assist the Federal Government in allowing the public to search, 
view, download, and comment on Federal agency rulemaking documents in 
one central on-line location and to contact commenters if necessary.

Routine Uses of Records Maintained in the System Including Categories 
of Users and the Purposes of Such Uses:
    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, 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 appropriate officials and employees of a Federal agency or 
entity that 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.
    C. To Federal, State, 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.
    D. Information may be disclosed to the Office of Management and 
Budget at any stage in the legislative coordination and clearance 
process in connection with private relief legislation as set forth in 
OMB Circular No. A-19, Circular No. A-130, Appendix I, Federal Agency 
Responsibilities for Maintaining Records About Individuals.
    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 records.
    F. In an appropriate proceeding before a court, 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 National Archives and Records Administration (NARA) for 
purposes of records management inspections conducted under the 
authority of 44 U.S.C. 2904 and 2906.
    H. 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.
    I. 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.
    J. 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.
    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 such recipients and under such circumstances and procedures 
as are mandated by Federal statute or treaty.
    M. To the White House (the President, Vice-President, their staffs, 
and other entities of the Executive Office of the President), and, 
during Presidential transitions, to the President Elect and Vice-
President Elect and their designated transition team staff, for 
coordination of activities that relate to or have an effect upon the 
carrying out of the constitutional, statutory, or other official or 
ceremonial duties of the President, President Elect, Vice-President or 
Vice-President Elect.
    N. 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:
    Not Applicable.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Records will be maintained in computer databases compliant with DOD 
5015.2 electronic records standards. A paper copy of all rulemaking 
docket materials will also be maintained by the components and 
constitutes the official record.

Retrievability:
    The FDMS will have the ability to retrieve records by various data 
elements and key word searches, including: Name, Agency, Component, 
Docket Type, Docket Sub-Type, Agency Docket ID, Docket Title, Docket 
Category, Document Type, CFR Part, Date Comment Received, and Federal 
Register Published Date.

Safeguards:
    Justice FDMS security protocols will meet multiple NIST Security 
Standards

[[Page 12198]]

from Authentication to Certification and Accreditation. Records in the 
Justice FDMS will be maintained in a secure, password protected 
electronic system that will utilize security hardware and software to 
include: multiple firewalls, active intruder detection, and role-based 
access controls. Additional safeguards will vary by component.

Retention and Disposal:
    Each component will handle its records in accordance with its 
records schedule as approved by the National Archives and Records 
Administration (NARA). Electronic data will be retained and disposed of 
in accordance with the component's records schedule pending approval by 
the NARA. The majority of documents residing on this system will be 
public comments and other documentation in support of Federal 
rulemakings. All Federal Register rulemakings are part of the Justice 
FDMS and are identified as official records and retained by NARA.

System Managers and Addresses:
    Technical Issues: Justice Department, Deputy Chief Information 
Officer for E-Government, Office of the Chief Information Officer, 
United States Department of Justice, 950 Pennsylvania Avenue, NW., RFK 
Main Building, Washington, DC 20530.
    Policy Issues: Justice Department FDMS Policies System 
Administrator, Office of Legal Policy, United States Department of 
Justice, 950 Pennsylvania Avenue, NW., RFK Main Building, Washington, 
DC 20530.
    Component Managers can be contacted through the Department's System 
Managers.

Notification Procedure:
    Records concerning comments received through FDMS pertaining to DOJ 
rulemaking are maintained by the individual DOJ component to which the 
comment was directed. Inquiries regarding these records should be 
addressed to the particular DOJ component maintaining the records at 
Department of Justice, 950 Pennsylvania Avenue, NW., RFK Main Building, 
Washington, DC 20530. For records concerning the DOJ FDMS system 
generally, requests should be made to the System Manager for technical 
or policy issues as appropriate, listed above.

Record Access Procedures:
    Requests for access may be made by appearing in person or by 
writing to the appropriate system manager at the address indicated in 
the System Managers and Addresses section, or as described in the 
Notification Procedures, above. The envelope and letter should be 
clearly marked ``Privacy Act 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. Although no specific form is required, forms 
may be obtained for this purpose from the FOIA/PA Mail Referral Unit, 
Justice Management Division, United States Department of Justice, 950 
Pennsylvania Avenue, NW., Washington DC 20530-0001, or on the 
Department of Justice Web site at https://www.usdoj.gov/04foia/att_
d.htm.

Contesting Records Procedures:
    Individuals seeking to contest or amend information maintained in 
the system should direct their requests to the appropriate system 
manager at the address indicated in the System Managers and Addresses 
section, or as described in the Notification Procedures, 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:
    Any person, including public citizens and representatives of 
Federal, state or local governments; businesses; and industries.

Exemptions Claimed for the System:
    None.
[FR Doc. E7-4782 Filed 3-14-07; 8:45 am]
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