Privacy Act of 1974; System of Records, 53342-53345 [2010-21248]
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53342
Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Notices
Dated: June 30, 2010.
Thomas D. Shope,
Regional Director, Appalachian Region.
[FR Doc. 2010–21645 Filed 8–30–10; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF JUSTICE
srobinson on DSKHWCL6B1PROD with NOTICES
Notice of Lodging of Proposed
Consent Decree Under the Clean Water
Act
Notice is hereby given that on August
25, 2010, a proposed Consent Decree
(‘‘Consent Decree’’) in United States v.
City of Revere, Massachusetts, Civil
Action No. 1:10–cv–11460 was lodged
with the United States District Court for
the District of Massachusetts.
In a complaint, filed simultaneously
with the Decree, the United States
alleges that the City of Revere,
Massachusetts (‘‘City’’) violated Sections
301 and 308 of the Clean Water Act, 33
U.S.C. 1311 and 1318, as a result of
unauthorized discharges of pollutants
including raw sewage from the City’s
sanitary sewer system and its separate
storm sewer system, as well as a failure
to report sanitary sewer overflows to the
United States Environmental Protection
Agency. The proposed Consent Decree
resolves the United States’ claims for
civil penalties and injunctive relief, as
alleged in the complaint. Specifically,
the proposed Consent Decree requires
the City to implement remedial
measures, including necessary upgrades
to its sanitary sewer system and separate
storm sewer system, over a period of
approximately twelve years and at an
estimated cost of approximately $50
million. The Consent Decree also
requires the City to pay a $130,000 civil
penalty.
The Department of Justice will
receive, for a period of thirty (30) days
from the date of this publication,
comments relating to the Consent
Decree. Comments should be addressed
to the Assistant Attorney General,
Environment and Natural Resources
Division, and either e-mailed to
pubcomment-ees.enrd@usdoj.gov or
mailed to P.O. Box 7611, United States
Department of Justice, Washington, DC
20044–7611, and should refer to United
States v. City of Revere, Massachusetts,
D.J. Ref. 90–5–1–1–09299.
The Consent Decree may be examined
at the Office of the United States
Attorney, One Courthouse Way, John
Joseph Moakley Courthouse, Boston,
Massachusetts 02210, and at U.S. EPA
Region 1, Office of Regional Counsel, 5
Post Office Square, Suite 100, Boston,
Massachusetts 02109. During the public
comment period, the Consent Decree
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may also be examined on the following
Department of Justice Web site, https://
www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
Consent Decree may also be obtained by
mail from the Consent Decree Library,
P.O. Box 7611, U.S. Department of
Justice, Washington, DC 20044–7611 or
by faxing or e-mailing a request to Tonia
Fleetwood (tonia.fleetwood@usdoj.gov),
fax no. (202) 514–0097, phone
confirmation number (202) 514–1547. In
requesting a copy from the Consent
Decree Library, please enclose a check
to cover the 25 cents per page
reproduction costs in the amount of
$16.25 (for Decree without appendix) or
$71.75 (for Decree with appendix)
payable to the U.S. Treasury or, if by email or fax, forward a check in that
amount to the Consent Decree Library at
the stated address.
Maureen Katz,
Assistant Chief, Environmental Enforcement
Section, Environment and Natural Resources
Division.
[FR Doc. 2010–21569 Filed 8–30–10; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
[CPCLO Order No. 003–2010]
Privacy Act of 1974; System of
Records
Federal Bureau of
Investigation, Department of Justice.
ACTION: Notice of a new system of
records.
AGENCY:
Pursuant to the Privacy Act of
1974 (5 U.S.C. 552a), the United States
Department of Justice (Department),
Federal Bureau of Investigation (FBI),
proposes to establish a new system of
records, the Data Integration and
Visualization System, JUSTICE/FBI–
021, to support and enhance data
search, integration, presentation, and
storage capabilities in support of the
FBI’s multifaceted mission.
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.
Therefore, please submit any comments
by September 30, 2010.
ADDRESSES: The public, OMB, and
Congress are invited to submit any
comments to the Department of Justice,
Attn: Privacy Analyst, Office of Privacy
and Civil Liberties, U.S. Department of
Justice, National Place Building, 1331
Pennsylvania Ave, NW., Suite 940,
Washington, DC 20530–0001, or by
facsimile at 202–307–0693.
FOR FURTHER INFORMATION CONTACT: Erin
Page, Assistant General Counsel,
SUMMARY:
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Privacy and Civil Liberties Unit, Office
of the General Counsel, FBI,
Washington, DC 20535–0001, telephone
202–324–3000.
SUPPLEMENTARY INFORMATION: Threats
from terrorism, espionage, cyber attacks
and more traditional crimes continue to
jeopardize the well-being of our nation
and its citizens while criminals
continue to find new and inventive
ways to carry out their reprehensible
activities. To stay ahead of the threats
the FBI continually searches for ways to
more effectively understand the danger
posed by those who threaten harm. The
FBI has available a number of lawfully
collected databases that allow it to
conduct investigations and analyze
intelligence for this purpose.
Historically, FBI personnel searched
individual databases to extract relevant
information and then compared the
extract to other available information in
order to form a more complete and
accurate threat picture. This was a timeconsuming process and led to possible
gaps in the collated information.
Continued threats to the national
security of the United States and
criminal events have strengthened the
FBI’s resolve to develop more efficient
methods to analyze FBI data. The Data
Integration and Visualization System,
DIVS, will allow authorized system
users to more effectively search,
integrate, display, maintain, and record
relevant information in support of the
FBI’s multifaceted mission. DIVS will
provide users with the ability to
simultaneously conduct searches across
several databases, extract information,
and present the integrated results in a
format that the user may sort and
display in various modes. In order to do
this, DIVS will contain replications of
some databases while providing the
ability to perform federated queries
across other databases. DIVS will allow
users to save their queries as well as
create a separate record of relevant
identifiers and information. One of the
results of DIVS will be a new set of
records that offers an enhanced view of
information already contained in FBI
holdings.
DIVS will provide a single user
interface that incorporates the rules of
behavior for FBI information systems,
tools to ensure access controls based on
roles and data attributes, entity
resolution and appropriate metadata
tagging. These tools will help ensure
data accuracy and reliability.
To enhance the flexibility of the
system, DIVS includes a variety of
routine uses that the FBI has used
successfully in sharing information from
its other record systems. The FBI will
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share information learned through DIVS
pursuant to the requirements of the
Privacy Act and, in the case of its
routine uses, when the disclosure is
compatible with the purpose for which
the information was compiled.
In accordance with Privacy Act
requirements of 5 U.S.C. 552a(r), the
Department has provided a report to
OMB and to Congress on this new
system of records.
Dated: August 20, 2010.
Nancy C. Libin,
Chief Privacy and Civil Liberties Officer.
JUSTICE/FBI–021
SYSTEM NAME:
Data Integration and Visualization
System (DIVS).
SYSTEM CLASSIFICATION:
Classified, unclassified—law
enforcement sensitive, and unclassified.
SYSTEM LOCATION:
Records may be maintained at any
location at which the Federal Bureau of
Investigation (FBI) operates or at which
FBI operations are supported, including:
J. Edgar Hoover Building, 935
Pennsylvania Ave., NW., Washington,
DC 20535–0001; FBI Academy and FBI
Laboratory, Quantico, VA 22135; FBI
Criminal Justice Information Services
(CJIS) Division, 1000 Custer Hollow Rd.,
Clarksburg, WV 26306; and FBI field
offices, legal attaches, information
technology centers, and other
components listed on the FBI’s internet
Web site, https://www.fbi.gov. Some or
all system information may also be
duplicated at other locations for
purposes of system backup, emergency
preparedness, and/or continuity of
operations. Additionally, appropriate
offices/employees within the
Department of Justice that have an
official need to know the information
contained in DIVS in order to perform
their duties, may also be granted direct
access to DIVS.
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The categories of individuals covered
by this system encompass all
individuals who relate in any manner to
authorized FBI investigative mission
activities, including individuals
identified in any of multiple data sets
lawfully collected and/or shared with
the FBI. These individuals include, but
are not limited to subjects, suspects,
victims, witnesses, complainants,
informants, sources, bystanders, law
enforcement personnel, intelligence
personnel, other responders,
administrative personnel, consultants,
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CATEGORIES OF RECORDS IN THE SYSTEM:
DIVS contains replications and
extractions of information maintained
by the FBI in other databases. This
information is replicated or extracted
into DIVS in order to provide an
enhanced and integrated view of that
information. DIVS also provides
analytic tools that can be applied across
the multiple data sets in order to
integrate and visually display, and
maintain and record the resultant
information. Information concerning
individuals may be acquired in
connection with and relating to the
varied mission responsibilities of the
FBI. Depending on the nature and scope
of the matter, this information may
include, among other things:
biographical information (such as name,
alias, race, sex, date of birth, place of
birth, social security number, driver’s
license number, other identification
numbers, addresses, telephone numbers,
physical description, photographs);
biometric information (such as
fingerprints); associates and affiliations;
employment and business information;
financial information; visa and
immigration information; travel;
criminal and investigative history; and
any other information lawfully acquired
by the FBI.
DIVS contains records regarding
authorized system users, including
audit log information and records
relating to verification or authorization
of an individual’s access to one or more
databases. This information includes
user name, date and time of use, date
and time of each searched query, search
terms and filters, results that the user
accessed, and a user’s permissions and
authorizations for particular data at that
time.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
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relatives, and associates who are
relevant to an investigation.
In addition, the categories of
individuals covered by this system also
include persons who are authorized to
access and use DIVS.
General authority for FBI mission
activities includes: 28 U.S.C., Chapter
33, particularly sections 533 and 534;
the Uniting and Strengthening America
by Providing Appropriate Tools
Required to Intercept and Obstruct
Terrorism Act of 2001 (USA PATRIOT
Act), Public Law 107–56, 115 Stat. 272;
the Intelligence Reform and Terrorism
Prevention Act of 2004 (IRTPA), Public
Law 108–458, 118 Stat. 3742; the
Foreign Intelligence Surveillance Act of
1978 (FISA), Public Law 95–511, 92
Stat. 1783 (50 U.S.C., Chapter 36); E.O.
13356; E.O. 13388; 28 CFR 0.85; and
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Attorney General’s Guidelines for
Domestic FBI Operations. Supplemental
authorities relating to particular mission
activities are found in numerous other
Federal statutes, executive orders,
Federal regulations, and other Executive
Branch directives.
PURPOSE(S):
The purpose of DIVS is to strengthen
and improve the methods by which the
FBI searches for and analyzes
information in support of its
multifaceted mission responsibilities to
protect the nation against terrorism and
espionage and investigate criminal
matters. DIVS will provide users with
the ability simultaneously to conduct
searches across multiple databases
(some of which are ingested directly
into and exist in DIVS and others of
which are searched via DIVS’s federated
query capability), extract and integrate
information, and present the results in
a format that the user may sort and
display in various modes. DIVS also
provides analytic tools that can be
applied across the multiple data sets in
order to integrate and visually display,
maintain, and record the resultant
information.
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, all or a
portion of the records or information
contained in this system may be
disclosed outside the FBI as a routine
use pursuant to 5 U.S.C. 552a(b)(3)
under the circumstances or for the
purposes described below, to the extent
such disclosures are compatible with
the purposes for which the information
was collected:
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. 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.
C. To a governmental entity lawfully
engaged in collecting law enforcement,
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law enforcement intelligence, or
national security intelligence
information for such purposes.
D. To any person, organization, or
governmental entity in order to notify
them of a serious terrorist threat for the
purpose of guarding against or
responding to such a threat.
E. To any person or entity if deemed
by the FBI to be necessary in order to
elicit information or cooperation from
the recipient for use by the FBI in
performance of an authorized law
enforcement activity.
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 appropriate officials and
employees of a federal agency or entity
when the information is relevant to a
decision concerning the hiring,
appointment, or retention of an
employee; the assignment, detail, or
deployment 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. To designated officers and
employees of state, local, territorial, 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. In an appropriate proceeding before
a court, a 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.
J. To an organization or individual in
both the public or private sector where
there is reason to believe the recipient
is or could become the target of a
particular criminal activity or
conspiracy or other threat, to the extent
the information is relevant to the
protection of life, health, or property.
Information may be similarly disclosed
to other recipients who share the same
interests as the target or who may be
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able to assist in protecting against or
responding to the activity or conspiracy.
K. In any health care-related civil or
criminal case, investigation, or matter,
information indicating patient harm,
neglect, or abuse, or poor or inadequate
quality of care, at a health care facility
or by a health care provider, may be
disclosed as a routine use to any federal,
state, local, tribal, foreign, joint,
international, or private entity that is
responsible for regulating, licensing,
registering, or accrediting any health
care provider or health care facility, or
enforcing any health care-related laws
or regulations. Further, information
indicating an ongoing quality of care
problem by a health care provider or at
a health care facility may be disclosed
to the appropriate health plan.
Additionally, unless otherwise
prohibited by applicable law,
information indicating patient harm,
neglect, abuse, or poor or inadequate
quality of care may be disclosed to the
affected patient or his or her
representative or guardian at the
discretion of and in the manner
determined by the agency in possession
of the information.
L. Information relating to health care
fraud may be disclosed to private health
plans, or associations of private health
plans, and health insurers, or
associations of health insurers, for the
following purposes: To promote the
coordination of efforts to prevent,
detect, investigate, and prosecute
healthcare fraud; to assist efforts by
victims of health care fraud to obtain
restitution; to enable private health
plans to participate in local, regional,
and national health care fraud task force
activities; and to assist tribunals having
jurisdiction over claims against private
health plans.
M. 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.
N. 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.
O. 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.
P. To federal, state, local, territorial,
tribal, foreign, or international licensing
agencies or associations which require
information concerning the suitability
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or eligibility of an individual for a
license or permit.
Q. 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.
R. 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.
S. To such recipients and under such
circumstances and procedures as are
mandated by federal statute or treaty.
T. 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.
U. To appropriate agencies, entities,
and persons when (1) it is suspected or
confirmed that the security or
confidentiality of information in the
system of records has been
compromised; (2) DOJ 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.
V. To the White House (the President,
Vice President, their staffs, and other
entities of the Executive Office of the
President (EOP)), and, during
Presidential transitions, the PresidentElect and Vice-President Elect and their
designees for appointment,
employment, security, and access
purposes compatible with the purposes
for which the records were collected by
the FBI, e.g., disclosure of information
to assist the White House in making a
determination whether an individual
should be: (1) Granted, denied, or
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permitted to continue in employment
on the White House Staff; (2) given a
Presidential appointment or Presidential
recognition; (3) provided access, or
continued access, to classified or
sensitive information; or (4) permitted
access, or continued access, to
personnel or facilities of the White
House/EOP complex. System records
may be disclosed also to the White
House and, during Presidential
transitions, to the President-Elect and
Vice-President Elect and their
designees, for Executive Branch
coordination of activities which 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, VicePresident or Vice-President Elect.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are stored on
paper and/or in electronic form. Records
are stored securely in accordance with
applicable executive orders, statutes,
and agency implementing
recommendations.
RETRIEVABILITY:
Information is retrieved by an
individual’s name or other identifying
information.
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SAFEGUARDS:
Information in this system is
safeguarded in accordance with
appropriate laws, rules, and policies,
including the FBI’s automated systems
security and access policies, and access
to such information is limited to
Department personnel, contractors, and
other personnel who have an official
need for access in order to perform their
duties. Records are maintained in a
restricted area and directly accessed
only by authorized personnel.
Electronic records are accessed only by
authorized personnel with accounts on
the FBI’s computer network.
Additionally, direct access to certain
information may be restricted
depending on a user’s role and
responsibility within the system. Paper
records are safeguarded in accordance
with appropriate laws, rules, and
policies based on the classification and
handling restrictions of the particular
document.
RETENTION AND DISPOSAL:
Records are retained during their
useful life in accordance with the
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records retention schedules approved by
the National Archives and Records
Administration.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Federal Bureau of
Investigation, 935 Pennsylvania Ave
NW., Washington, DC 20535.
NOTIFICATION PROCEDURE:
Same as Record Access Procedures.
RECORDS ACCESS PROCEDURE:
The Attorney General has exempted
this system of records from the
notification, access, and contest
procedures of the Privacy Act. These
exemptions apply only to the extent that
the information in this system is subject
to exemption pursuant to 5 U.S.C. 552a
(j) and/or (k). Where compliance would
not appear to interfere with or adversely
affect the purposes of the system, or the
overall law enforcement/intelligence
process, the applicable exemption (in
whole or in part) may be waived by the
FBI in its sole discretion.
All requests for access should follow
the guidance provided on the FBI’s Web
site at https://foia.fbi.gov/
requesting_records.html. Individuals
may mail, fax, or email a request, clearly
marked ‘‘Privacy Act Request,’’ to the
Federal Bureau of Investigation, Attn:
FOI/PA Request, Record/Information
Dissemination Section, 170 Marcel
Drive, Winchester, VA 22602–4843;
Fax: 540–868–4995/6/7; E-mail:
(scanned copy) foiparequest@ic.fbi.gov.
The request should include a general
description of the records sought and
must include either a completed
Department of Justice Certification of
Identity Form, DOJ–361, which can be
located at the above link, or a letter that
has been notarized which includes: the
requester’s full name, current and
complete address, and place and date of
birth. In the initial request the requester
may also include any other identifying
data that the requester may wish to
furnish to assist the FBI in making a
reasonable search. The request should
include a return address for use by the
FBI in responding; requesters are also
encouraged to include a telephone
number to facilitate FBI contacts related
to processing the request. A
determination of whether a record may
be accessed will be made after a request
is received.
CONTESTING RECORDS PROCEDURE:
Same as Record Access Procedures.
Individuals desiring to contest or amend
information maintained in the system
should also state clearly and concisely
what information is being contested, the
reasons for contesting it, and the
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53345
proposed amendment to the information
sought.
RECORD SOURCE CATEGORIES:
Sources of information contained in
this system are derived from FBI case
files and other law enforcement and
intelligence records as well as data sets
lawfully obtained from other agencies
and entities.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
The Attorney General has exempted
this system of records from subsection
(c)(3) and (4); (d)(1), (2), (3) and (4);
(e)(1), (2), and (3); (e)(4)(G), (H) and (I);
(e)(5) and (8); (f) and (g) of the Privacy
Act. These exemptions apply only to the
extent that information in the system is
subject to exemption pursuant to 5
U.S.C. 552a(j) and/or (k). Rules have
been promulgated in accordance with
the requirements of 5 U.S.C. 553 (b), (c),
and (e) and have been published in
today’s Federal Register.
[FR Doc. 2010–21248 Filed 8–30–10; 8:45 am]
BILLING CODE 4410–02–P
DEPARTMENT OF LABOR
Office of the Secretary
Submission for OMB Review;
Comment Request
ACTION:
Notice.
The Department of Labor (DOL)
hereby announces the submission of the
following public information collection
request (ICR) to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995
(Pub. L. 104–13, 44 U.S.C. chapter 35).
A copy of this ICR, with applicable
supporting documentation; including,
among other things, a description of the
likely respondents, proposed frequency
of response, and estimated total burden
may be obtained from the RegInfo.gov
Web site at https://www.reginfo.gov/
public/do/PRAMain or by contacting
Linda Watts Thomas on 202–693–4223
(this is not a toll-free number); e-mail
mail to: DOL_PRA_PUBLIC@dol.gov.
Interested parties are encouraged to
send comments to the Office of
Information and Regulatory Affairs,
Attn: OMB Desk Officer for the
Department of Labor—Mine Safety and
Health Administration (MSHA), Office
of Management and Budget, 725 17th
Street, NW., Room 10235, Washington,
DC 20503, Telephone: 202–395–4816/
Fax: 202–395–5806 (these are not tollfree numbers), e-mail:
OIRA_submission@omb.eop.gov within
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Agencies
[Federal Register Volume 75, Number 168 (Tuesday, August 31, 2010)]
[Notices]
[Pages 53342-53345]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21248]
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DEPARTMENT OF JUSTICE
[CPCLO Order No. 003-2010]
Privacy Act of 1974; System of Records
AGENCY: Federal Bureau of Investigation, Department of Justice.
ACTION: Notice of a new system of records.
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SUMMARY: Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), the
United States Department of Justice (Department), Federal Bureau of
Investigation (FBI), proposes to establish a new system of records, the
Data Integration and Visualization System, JUSTICE/FBI-021, to support
and enhance data search, integration, presentation, and storage
capabilities in support of the FBI's multifaceted mission.
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. Therefore, please submit any
comments by September 30, 2010.
ADDRESSES: The public, OMB, and Congress are invited to submit any
comments to the Department of Justice, Attn: Privacy Analyst, Office of
Privacy and Civil Liberties, U.S. Department of Justice, National Place
Building, 1331 Pennsylvania Ave, NW., Suite 940, Washington, DC 20530-
0001, or by facsimile at 202-307-0693.
FOR FURTHER INFORMATION CONTACT: Erin Page, Assistant General Counsel,
Privacy and Civil Liberties Unit, Office of the General Counsel, FBI,
Washington, DC 20535-0001, telephone 202-324-3000.
SUPPLEMENTARY INFORMATION: Threats from terrorism, espionage, cyber
attacks and more traditional crimes continue to jeopardize the well-
being of our nation and its citizens while criminals continue to find
new and inventive ways to carry out their reprehensible activities. To
stay ahead of the threats the FBI continually searches for ways to more
effectively understand the danger posed by those who threaten harm. The
FBI has available a number of lawfully collected databases that allow
it to conduct investigations and analyze intelligence for this purpose.
Historically, FBI personnel searched individual databases to extract
relevant information and then compared the extract to other available
information in order to form a more complete and accurate threat
picture. This was a time-consuming process and led to possible gaps in
the collated information.
Continued threats to the national security of the United States and
criminal events have strengthened the FBI's resolve to develop more
efficient methods to analyze FBI data. The Data Integration and
Visualization System, DIVS, will allow authorized system users to more
effectively search, integrate, display, maintain, and record relevant
information in support of the FBI's multifaceted mission. DIVS will
provide users with the ability to simultaneously conduct searches
across several databases, extract information, and present the
integrated results in a format that the user may sort and display in
various modes. In order to do this, DIVS will contain replications of
some databases while providing the ability to perform federated queries
across other databases. DIVS will allow users to save their queries as
well as create a separate record of relevant identifiers and
information. One of the results of DIVS will be a new set of records
that offers an enhanced view of information already contained in FBI
holdings.
DIVS will provide a single user interface that incorporates the
rules of behavior for FBI information systems, tools to ensure access
controls based on roles and data attributes, entity resolution and
appropriate metadata tagging. These tools will help ensure data
accuracy and reliability.
To enhance the flexibility of the system, DIVS includes a variety
of routine uses that the FBI has used successfully in sharing
information from its other record systems. The FBI will
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share information learned through DIVS pursuant to the requirements of
the Privacy Act and, in the case of its routine uses, when the
disclosure is compatible with the purpose for which the information was
compiled.
In accordance with Privacy Act requirements of 5 U.S.C. 552a(r),
the Department has provided a report to OMB and to Congress on this new
system of records.
Dated: August 20, 2010.
Nancy C. Libin,
Chief Privacy and Civil Liberties Officer.
JUSTICE/FBI-021
SYSTEM NAME:
Data Integration and Visualization System (DIVS).
SYSTEM CLASSIFICATION:
Classified, unclassified--law enforcement sensitive, and
unclassified.
SYSTEM LOCATION:
Records may be maintained at any location at which the Federal
Bureau of Investigation (FBI) operates or at which FBI operations are
supported, including: J. Edgar Hoover Building, 935 Pennsylvania Ave.,
NW., Washington, DC 20535-0001; FBI Academy and FBI Laboratory,
Quantico, VA 22135; FBI Criminal Justice Information Services (CJIS)
Division, 1000 Custer Hollow Rd., Clarksburg, WV 26306; and FBI field
offices, legal attaches, information technology centers, and other
components listed on the FBI's internet Web site, https://www.fbi.gov.
Some or all system information may also be duplicated at other
locations for purposes of system backup, emergency preparedness, and/or
continuity of operations. Additionally, appropriate offices/employees
within the Department of Justice that have an official need to know the
information contained in DIVS in order to perform their duties, may
also be granted direct access to DIVS.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The categories of individuals covered by this system encompass all
individuals who relate in any manner to authorized FBI investigative
mission activities, including individuals identified in any of multiple
data sets lawfully collected and/or shared with the FBI. These
individuals include, but are not limited to subjects, suspects,
victims, witnesses, complainants, informants, sources, bystanders, law
enforcement personnel, intelligence personnel, other responders,
administrative personnel, consultants, relatives, and associates who
are relevant to an investigation.
In addition, the categories of individuals covered by this system
also include persons who are authorized to access and use DIVS.
CATEGORIES OF RECORDS IN THE SYSTEM:
DIVS contains replications and extractions of information
maintained by the FBI in other databases. This information is
replicated or extracted into DIVS in order to provide an enhanced and
integrated view of that information. DIVS also provides analytic tools
that can be applied across the multiple data sets in order to integrate
and visually display, and maintain and record the resultant
information. Information concerning individuals may be acquired in
connection with and relating to the varied mission responsibilities of
the FBI. Depending on the nature and scope of the matter, this
information may include, among other things: biographical information
(such as name, alias, race, sex, date of birth, place of birth, social
security number, driver's license number, other identification numbers,
addresses, telephone numbers, physical description, photographs);
biometric information (such as fingerprints); associates and
affiliations; employment and business information; financial
information; visa and immigration information; travel; criminal and
investigative history; and any other information lawfully acquired by
the FBI.
DIVS contains records regarding authorized system users, including
audit log information and records relating to verification or
authorization of an individual's access to one or more databases. This
information includes user name, date and time of use, date and time of
each searched query, search terms and filters, results that the user
accessed, and a user's permissions and authorizations for particular
data at that time.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
General authority for FBI mission activities includes: 28 U.S.C.,
Chapter 33, particularly sections 533 and 534; the Uniting and
Strengthening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), Public
Law 107-56, 115 Stat. 272; the Intelligence Reform and Terrorism
Prevention Act of 2004 (IRTPA), Public Law 108-458, 118 Stat. 3742; the
Foreign Intelligence Surveillance Act of 1978 (FISA), Public Law 95-
511, 92 Stat. 1783 (50 U.S.C., Chapter 36); E.O. 13356; E.O. 13388; 28
CFR 0.85; and Attorney General's Guidelines for Domestic FBI
Operations. Supplemental authorities relating to particular mission
activities are found in numerous other Federal statutes, executive
orders, Federal regulations, and other Executive Branch directives.
PURPOSE(S):
The purpose of DIVS is to strengthen and improve the methods by
which the FBI searches for and analyzes information in support of its
multifaceted mission responsibilities to protect the nation against
terrorism and espionage and investigate criminal matters. DIVS will
provide users with the ability simultaneously to conduct searches
across multiple databases (some of which are ingested directly into and
exist in DIVS and others of which are searched via DIVS's federated
query capability), extract and integrate information, and present the
results in a format that the user may sort and display in various
modes. DIVS also provides analytic tools that can be applied across the
multiple data sets in order to integrate and visually display,
maintain, and record the resultant information.
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, all or a portion of the records or
information contained in this system may be disclosed outside the FBI
as a routine use pursuant to 5 U.S.C. 552a(b)(3) under the
circumstances or for the purposes described below, to the extent such
disclosures are compatible with the purposes for which the information
was collected:
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. 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.
C. To a governmental entity lawfully engaged in collecting law
enforcement,
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law enforcement intelligence, or national security intelligence
information for such purposes.
D. To any person, organization, or governmental entity in order to
notify them of a serious terrorist threat for the purpose of guarding
against or responding to such a threat.
E. To any person or entity if deemed by the FBI to be necessary in
order to elicit information or cooperation from the recipient for use
by the FBI in performance of an authorized law enforcement activity.
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 appropriate officials and employees of a federal agency or
entity when the information is relevant to a decision concerning the
hiring, appointment, or retention of an employee; the assignment,
detail, or deployment 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. To designated officers and employees of state, local,
territorial, 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. In an appropriate proceeding before a court, a 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.
J. To an organization or individual in both the public or private
sector where there is reason to believe the recipient is or could
become the target of a particular criminal activity or conspiracy or
other threat, to the extent the information is relevant to the
protection of life, health, or property. Information may be similarly
disclosed to other recipients who share the same interests as the
target or who may be able to assist in protecting against or responding
to the activity or conspiracy.
K. In any health care-related civil or criminal case,
investigation, or matter, information indicating patient harm, neglect,
or abuse, or poor or inadequate quality of care, at a health care
facility or by a health care provider, may be disclosed as a routine
use to any federal, state, local, tribal, foreign, joint,
international, or private entity that is responsible for regulating,
licensing, registering, or accrediting any health care provider or
health care facility, or enforcing any health care-related laws or
regulations. Further, information indicating an ongoing quality of care
problem by a health care provider or at a health care facility may be
disclosed to the appropriate health plan. Additionally, unless
otherwise prohibited by applicable law, information indicating patient
harm, neglect, abuse, or poor or inadequate quality of care may be
disclosed to the affected patient or his or her representative or
guardian at the discretion of and in the manner determined by the
agency in possession of the information.
L. Information relating to health care fraud may be disclosed to
private health plans, or associations of private health plans, and
health insurers, or associations of health insurers, for the following
purposes: To promote the coordination of efforts to prevent, detect,
investigate, and prosecute healthcare fraud; to assist efforts by
victims of health care fraud to obtain restitution; to enable private
health plans to participate in local, regional, and national health
care fraud task force activities; and to assist tribunals having
jurisdiction over claims against private health plans.
M. 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.
N. 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.
O. 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.
P. To federal, state, local, territorial, tribal, foreign, or
international licensing agencies or associations which require
information concerning the suitability or eligibility of an individual
for a license or permit.
Q. 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.
R. 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.
S. To such recipients and under such circumstances and procedures
as are mandated by federal statute or treaty.
T. 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.
U. To appropriate agencies, entities, and persons when (1) it is
suspected or confirmed that the security or confidentiality of
information in the system of records has been compromised; (2) DOJ 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.
V. To the White House (the President, Vice President, their staffs,
and other entities of the Executive Office of the President (EOP)),
and, during Presidential transitions, the President-Elect and Vice-
President Elect and their designees for appointment, employment,
security, and access purposes compatible with the purposes for which
the records were collected by the FBI, e.g., disclosure of information
to assist the White House in making a determination whether an
individual should be: (1) Granted, denied, or
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permitted to continue in employment on the White House Staff; (2) given
a Presidential appointment or Presidential recognition; (3) provided
access, or continued access, to classified or sensitive information; or
(4) permitted access, or continued access, to personnel or facilities
of the White House/EOP complex. System records may be disclosed also to
the White House and, during Presidential transitions, to the President-
Elect and Vice-President Elect and their designees, for Executive
Branch coordination of activities which 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.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are stored on paper and/or in electronic
form. Records are stored securely in accordance with applicable
executive orders, statutes, and agency implementing recommendations.
RETRIEVABILITY:
Information is retrieved by an individual's name or other
identifying information.
SAFEGUARDS:
Information in this system is safeguarded in accordance with
appropriate laws, rules, and policies, including the FBI's automated
systems security and access policies, and access to such information is
limited to Department personnel, contractors, and other personnel who
have an official need for access in order to perform their duties.
Records are maintained in a restricted area and directly accessed only
by authorized personnel. Electronic records are accessed only by
authorized personnel with accounts on the FBI's computer network.
Additionally, direct access to certain information may be restricted
depending on a user's role and responsibility within the system. Paper
records are safeguarded in accordance with appropriate laws, rules, and
policies based on the classification and handling restrictions of the
particular document.
RETENTION AND DISPOSAL:
Records are retained during their useful life in accordance with
the records retention schedules approved by the National Archives and
Records Administration.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Federal Bureau of Investigation, 935 Pennsylvania Ave
NW., Washington, DC 20535.
NOTIFICATION PROCEDURE:
Same as Record Access Procedures.
RECORDS ACCESS PROCEDURE:
The Attorney General has exempted this system of records from the
notification, access, and contest procedures of the Privacy Act. These
exemptions apply only to the extent that the information in this system
is subject to exemption pursuant to 5 U.S.C. 552a (j) and/or (k). Where
compliance would not appear to interfere with or adversely affect the
purposes of the system, or the overall law enforcement/intelligence
process, the applicable exemption (in whole or in part) may be waived
by the FBI in its sole discretion.
All requests for access should follow the guidance provided on the
FBI's Web site at https://foia.fbi.gov/requesting_records.html.
Individuals may mail, fax, or email a request, clearly marked ``Privacy
Act Request,'' to the Federal Bureau of Investigation, Attn: FOI/PA
Request, Record/Information Dissemination Section, 170 Marcel Drive,
Winchester, VA 22602-4843; Fax: 540-868-4995/6/7; E-mail: (scanned
copy) foiparequest@ic.fbi.gov. The request should include a general
description of the records sought and must include either a completed
Department of Justice Certification of Identity Form, DOJ-361, which
can be located at the above link, or a letter that has been notarized
which includes: the requester's full name, current and complete
address, and place and date of birth. In the initial request the
requester may also include any other identifying data that the
requester may wish to furnish to assist the FBI in making a reasonable
search. The request should include a return address for use by the FBI
in responding; requesters are also encouraged to include a telephone
number to facilitate FBI contacts related to processing the request. A
determination of whether a record may be accessed will be made after a
request is received.
CONTESTING RECORDS PROCEDURE:
Same as Record Access Procedures. Individuals desiring to contest
or amend information maintained in the system should also state clearly
and concisely what information is being contested, the reasons for
contesting it, and the proposed amendment to the information sought.
RECORD SOURCE CATEGORIES:
Sources of information contained in this system are derived from
FBI case files and other law enforcement and intelligence records as
well as data sets lawfully obtained from other agencies and entities.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
The Attorney General has exempted this system of records from
subsection (c)(3) and (4); (d)(1), (2), (3) and (4); (e)(1), (2), and
(3); (e)(4)(G), (H) and (I); (e)(5) and (8); (f) and (g) of the Privacy
Act. These exemptions apply only to the extent that information in the
system is subject to exemption pursuant to 5 U.S.C. 552a(j) and/or (k).
Rules have been promulgated in accordance with the requirements of 5
U.S.C. 553 (b), (c), and (e) and have been published in today's Federal
Register.
[FR Doc. 2010-21248 Filed 8-30-10; 8:45 am]
BILLING CODE 4410-02-P