Privacy Act of 1974; Systems of Records, 13306-13309 [2018-05971]
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may also be obtained by accessing its
internet server at https://www.usitc.gov.
The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS) at https://
edis.usitc.gov. Hearing-impaired
persons are advised that information on
this matter can be obtained by
contacting the Commission TDD
terminal on (202) 205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation
on January 22, 2018, based upon an
amended and supplemented complaint
filed by Lakshmi Arunachalam, Ph.D.
and WebXchange, Inc., both of Menlo
Park, California. 83 FR 3021 (Jan. 22,
2018). The complaint alleged violations
of section 337 of the Tariff Act of 1930,
as amended (19 U.S.C. 1337), by a
number of proposed respondents in the
importation into the United States, the
sale for importation, or the sale within
the United States after importation of
certain IOT devices and components
thereof (IOT, the Internet of Things)—
web applications displayed on a web
browser by reason of infringement of
certain claims of U.S. Patent No.
7,930,340 (‘‘the ’340 patent’’), as well as
unfair methods of competition and
unfair acts (criminal and civil RICO
violations, breach of contract, theft of
intellectual property, antitrust
violations, and trade secret
misappropriation), the threat or effect of
which is to destroy or substantially
injure an industry in the United States.
83 FR at 3021. The Commission
determined to institute the investigation
only as to infringement of the ’340
patent, and named as respondents
Apple Inc. of Cupertino, California;
Facebook, Inc. of Menlo Park,
California; Samsung Electronics
America, Inc. of Ridgefield Park, New
Jersey; and Samsung Electronics Co.,
Ltd. of Seoul, South Korea. Id. at 3022.
The Office of Unfair Import
Investigations (‘‘OUII’’) was also named
as a party. Id.
On January 29, 2018, the respondents
moved to terminate the investigation
based upon the then-imminent
expiration of the ’340 patent. The
complainants responded in opposition
to the motion. The ALJ denied the
motion for failure to comply with
Commission rules. Order No. 8 at 2 &
n.1 (Feb. 20, 2018). On February 21,
2018, the respondents filed a renewed
motion to terminate, which corrected
the omission in their previous motion.
The complainants renewed their
opposition to the motion. OUII
supported the motion.
On February 27, 2018, the ALJ granted
the motion as an ID, finding that good
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cause exists for terminating the
investigation. The ID finds that given
‘‘the structure of section 337
investigations’’ there was insufficient
time for the Commission to ‘‘reach a
final determination or issue any relief
before the March 5, 2018 expiration
date’’ of the ’340 patent. Order No. 10
at 6.
On March 5, 2018, the ’340 patent
expired. That same day, the
complainants filed a ‘‘Motion for
Rehearing and Reinstating the
Investigation’’ (‘‘Compl’ts Submission’’).
The Commission determined to treat
that submission as a petition for
Commission review of the ID under 19
CFR 210.43. The petition seeks an
advisory ruling on certain issues.
Compl’ts Submission 6.
On March 12, 2018, the respondents
and OUII filed responses in opposition
to the complainants’ submission. The
responses explain, inter alia, that the
complainants’ submission does not
provide an adequate basis for
Commission review under Commission
Rule 210.43(b)(1), 19 CFR 210.43(b)(1).
Resp’ts Resp. 3; OUII Resp. 1, 3.
Having considered the record of the
investigation, including the parties’
submissions to the Commission, the
Commission decides as follows. The
Commission ‘‘can issue only an
exclusion order barring future
importation or a cease and desist order
barring future conduct,’’ neither of
which can issue as to an expired patent.
Texas Instruments Inc. v. U.S. Int’l
Trade Comm’n, 851 F.2d 342, 344 (Fed.
Cir. 1988). Because the’340 patent has
now actually expired, the ID’s good
cause (the imminent expiration of the
patent) is now moot. Accordingly, the
Commission has determined to review
the ID, and, on review, to affirm the
termination based upon the actual
expiration of the ’340 patent. The
Commission declines the complainants’
invitation to issue advisory rulings, and
terminates the investigation.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR part
210).
By order of the Commission.
Issued: March 23, 2018.
Katherine M. Hiner,
Supervisory Attorney.
[FR Doc. 2018–06220 Filed 3–27–18; 8:45 am]
BILLING CODE 7020–02–P
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JUDICIAL CONFERENCE OF THE
UNITED STATES
Meeting of The Judicial Conference;
Committee on Rules of Practice and
Procedure
Judicial Conference of the
United States, Committee on Rules of
Practice and Procedure.
ACTION: Notice of open meeting.
AGENCY:
The Committee on Rules of
Practice and Procedure will hold a
meeting on June 12, 2018. The meeting
will be open to public observation but
not participation. An agenda and
supporting materials will be posted at
least 7 days in advance of the meeting
at: https://www.uscourts.gov/rulespolicies/records-and-archives-rulescommittees/agenda-books.
DATES: June 12, 2018.
Time: 8:30 a.m. to 5:00 p.m.
ADDRESSES: Thurgood Marshall Federal
Judiciary Building, Mecham Conference
Center, Administrative Office of the
United States Courts, One Columbus
Circle NE, Washington, DC 20544.
FOR FURTHER INFORMATION CONTACT:
Rebecca A. Womeldorf, Rules
Committee Secretary, Rules Committee
Staff, Administrative Office of the
United States Courts, Washington, DC
20544, telephone (202) 502–1820.
SUMMARY:
Dated: March 22, 2018.
Rebecca A. Womeldorf,
Rules Committee Secretary.
[FR Doc. 2018–06157 Filed 3–27–18; 8:45 am]
BILLING CODE 2210–55–P
DEPARTMENT OF JUSTICE
[CPCLO Order No. 004–2018]
Privacy Act of 1974; Systems of
Records
National Institute of Justice,
Office of Justice Programs, United States
Department of Justice.
ACTION: Notice of a new system of
records.
AGENCY:
Pursuant to the Privacy Act of
1974 and Office of Management and
Budget (OMB) Circular No. A–108,
notice is hereby given that the Office of
Justice Programs (hereinafter OJP), a
component within the United States
Department of Justice (DOJ or
Department), proposes to develop a new
system of records titled National
Missing and Unidentified Persons
System, JUSTICE/OJP—015. The OJP
proposes to establish this system of
records to improve the quantity and
quality of—and appropriate access to—
SUMMARY:
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data on missing persons, unidentified
decedents, and unclaimed decedents, in
a centralized repository.
DATES: In accordance with 5 U.S.C.
552a(e)(4) and (11), this notice is
applicable upon publication, subject to
a 30-day period in which to comment
on the routine uses, described below.
Please submit any comments by April
27, 2018.
ADDRESSES: The public, OMB, and
Congress are invited to submit any
comments to the United States
Department of Justice, Office of Privacy
and Civil Liberties, ATTN: Privacy
Analyst, National Place Building, 1331
Pennsylvania Avenue NW, Suite 1000,
Washington, DC 20530, or by facsimile
at 202–307–0693, or email at
privacy.compliance@usdoj.gov. To
ensure proper handling, please
reference the above CPCLO Order No.
on your correspondence.
FOR FURTHER INFORMATION CONTACT:
Charles Heurich, Senior Physical
Scientist, National Institute of Justice,
Office of Justice Programs, 810 7th
Street NW, Washington, DC 20531,
Charles.Heurich@usdoj.gov, 202–616–
9264.
SUPPLEMENTARY INFORMATION: The
National Institute of Justice’s National
Missing and Unidentified Persons
System (NamUs) houses records and
information in a centralized system
regarding cases of missing persons,
unidentified persons (decedents), and
unclaimed persons (decedents), and
makes certain information available,
based on access privileges, to the
general public, law enforcement
professionals, coroners, and medical
examiners to help solve such cases. In
accordance with 5 U.S.C. 552a(r), the
Department has provided a report to
OMB and Congress on this new system
of records.
Dated: March 16, 2018.
Katherine M. Harman-Stokes,
Deputy Director, Office of Privacy and Civil
Liberties, United States Department of Justice.
SYSTEM NAME AND NUMBER
National Missing and Unidentified
Persons System (NamUs), JUSTICE/
OJP—015
SECURITY CLASSIFICATION:
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Unclassified
SYSTEM LOCATION:
Office of Justice Programs, 810 7th
Street NW, Washington, DC 20531
SYSTEM MANAGER(S):
Point of Contact: Charles Heurich,
Charles.Heurich@usdoj.gov, National
Institute of Justice, Office of
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Investigative and Forensic Sciences, 810
7th Street NW, Washington, DC 20531
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (sections
201 and 202); Homeland Security Act of
2002 (section 232); and 28 U.S.C. 530C.
PURPOSE(S) OF THE SYSTEM:
The National Missing and
Unidentified Persons System (NamUs)
houses records and information
regarding cases of missing persons,
unidentified decedents, and unclaimed
decedents, and makes appropriate
information available to the general
public and law enforcement
professionals to help solve such cases.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Missing persons and registered users
of the system, including registered law
enforcement personnel, coroners,
medical examiners, and members of the
public, and although not covered by the
Privacy Act, unidentified decedents and
unclaimed decedents (named but no
next of kin).
CATEGORIES OF RECORDS IN THE SYSTEM:
Missing person case information,
unidentified decedent case information,
unclaimed decedent case information,
and administrative data for registered
users. Case information that is available
to the general public may include, but
is not limited to, case numbers, name,
demographic information (such as age,
gender, race/ethnicity, height, and
weight), last known location, date of last
contact, physical description, clothing
and accessories, vehicle and
transportation information, investigating
agency information, and photographs.
Professional users have access to
additional case information that may
include, but is not limited to, date of
birth, place of birth, Social Security
number (SSN) (for missing persons
cases only), DNA availability
(specifically whether a DNA sample
exists and was submitted to a
laboratory, and if so, which laboratory
and whether the lab results are
available—neither DNA profiles nor
DNA testing results are housed within
the NamUs system), fingerprint records,
dental records, and family contact
information. Administrative data for
registered users includes, but is not
limited to, name, address, email
address, telephone number, work title
(for professional users only) and agency
name (for professional users only).
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RECORD SOURCE CATEGORIES:
Professional users and members of the
public provide information for the
system:
• Professional Users: Law
Enforcement, Medical Examiners/
Forensic Pathologists, Coroners,
Medicolegal Investigators, DNA
Specialists, Fingerprint Examiners,
Forensic Odontologists, Forensic
Anthropologists, Regional System
Administrators (OJP grantees), NamUs
Staff (i.e. staff that do not have the
ability to grant access to other users or
have final approval over edits or
changes), and National Center for
Missing and Exploited Children
(NCMEC) Liaisons.
• Public Users: members of public
including family members of missing
persons, victim advocates, media
representatives, and other members of
the public who have registered as users
in the NamUs application.
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), all or a portion of the records
or information contained in this system
of records may be disclosed 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:
1. To any criminal, civil, or regulatory
law enforcement or medicolegal
authority (whether federal, state, local,
territorial, tribal, foreign, or
international), where the information is
relevant to the recipient entity’s law
enforcement or medicolegal
responsibilities.
2. To a governmental entity lawfully
engaged in collecting law enforcement,
law enforcement intelligence,
medicolegal, or national security
intelligence information for such
purposes when determined to be
relevant by the DOJ.
3. 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.
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4. In an appropriate proceeding before
a court, 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.
5. 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 informal discovery proceedings.
6. To the news media and members of
the general public, 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.
7. 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.
8. To designated officers and
employees of federal, 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.
9. 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 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.
10. To former employees of the
Department for purposes of: Responding
to an official inquiry by a federal, state,
local, tribal or territorial government
entity or professional licensing
authority, in accordance with applicable
Department regulations; or facilitating
communications with former employees
that may be necessary for personnelrelated or other official purposes where
the Department requires information
and/or consultation assistance from the
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former employee regarding a matter
within that person’s former area of
responsibility.
11. 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.
12. 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.
13. 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.
14. To appropriate agencies, entities,
and persons when (1) the Department
suspects or has confirmed that there has
been a breach of the system of records;
(2) the Department has determined that
as a result of the suspected or confirmed
breach there is a risk of harm to
individuals, the Department (including
its information systems, programs, and
operations), the Federal Government, or
national security; and (3) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
in connection with the Department
efforts to respond to the suspected or
confirmed breach or to prevent,
minimize, or remedy such harm.
15. To another Federal agency or
Federal entity, when the Department
determines that information from this
system of records is reasonably
necessary to assist the recipient agency
or entity in (1) responding to a
suspected or confirmed breach or (2)
preventing, minimizing, or remedying
the risk of harm to individuals, the
recipient agency or entity (including its
information systems, programs, and
operations), the Federal Government, or
national security, resulting from a
suspected or confirmed breach.
16. To any agency, organization, or
individual for the purposes of
performing authorized audit and
oversight operations of the DOJ and
meeting related reporting requirements.
17. To such recipients and under such
circumstances and procedures as are
mandated by federal statute or treaty.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records in this system are stored in
electronic form for use in a computer
environment.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Information in this system may be
retrieved by personal identifier,
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including but not limited to, an
individual’s name, case number,
physical description, and other unique
case information metadata, such as
scars, marks, and tattoos.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
The records will be maintained in a
secure manner within the NamUs
information technology system until
disposition. The retention period for the
NamUs system is pending; until the
National Archives and Records
Administration approves the retention
and disposal schedule, records will be
treated as permanent.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Internet connections are protected by
multiple firewalls. Information
technology security personnel conduct
periodic vulnerability scans using DOJapproved software to ensure security
compliance and security logs are
enabled for all DOJ computers that
access the system to assist in
troubleshooting and forensic analysis
during incident investigations. For
access to sensitive information that is
not published for public access, users of
the system can only gain access to the
data based on their access privileges and
by a valid user identification and
password. Access to the data in the
system is further limited by the user’s
assigned role within the system. All
communications between users and the
system are protected by secure
communication protocol that provides
confidentiality and integrity of the
transmitted data. The system leverages
Federal Risk and Authorization
Management Program (FedRAMP)
compliant cloud service infrastructure
with security controls including
physical safeguards appropriate for a
system categorized as ‘‘moderate’’ under
applicable Federal Information Security
Modernization Act of 2014 (FISMA)related information technology
standards.
RECORD ACCESS PROCEDURES:
All requests for access to records must
be in writing and should be addressed
to the Government Information
Specialist, Office of Justice Programs,
Department of Justice, Room 5400, 810
7th Street NW, Washington, DC 20531
or FOIAOJP@usdoj.gov. The envelope
and letter should be clearly marked
‘‘Privacy Act Access Request.’’ The
request must describe the records
sought in sufficient detail to enable
Department personnel to locate them
with a reasonable amount of effort. The
request must include a general
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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 and
either notarized or submitted under
penalty of perjury.
Although no specific form is required,
you may obtain forms for this purpose
from the FOIA/Privacy Act Mail Referral
Unit, United States Department of
Justice, 950 Pennsylvania Avenue NW,
Washington, DC 20530, or on the
Department of Justice website at https://
www.justice.gov/oip/oip-request.html.
More information regarding the
Department’s procedures for accessing
records in accordance with the Privacy
Act can be found at 28 CFR part 16
Subpart D, ‘‘Protection of Privacy and
Access to Individual Records Under the
Privacy Act of 1974.’’
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest or
amend records maintained in this
system of records must direct their
requests to the address indicated in the
RECORD ACCESS PROCEDURES
section, above. All requests to contest or
amend records must be in writing and
the envelope and letter should be
clearly marked ‘‘Privacy Act
Amendment Request.’’ All requests
must state clearly and concisely what
record is being contested, the reasons
for contesting it, and the proposed
amendment to the record.
More information regarding the
Department’s procedures for amending
or contesting records in accordance with
the Privacy Act can be found at 28 CFR
16.46, ‘‘Requests for Amendment or
Correction of Records.’’
NOTIFICATION PROCEDURES:
Individuals may be notified if a record
in this system of records pertains to
them when the individuals request
information utilizing the same
procedures as those identified in the
RECORD ACCESS PROCEDURES
section, above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
[FR Doc. 2018–05971 Filed 3–27–18; 8:45 am]
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BILLING CODE 4410–18–P
DEPARTMENT OF JUSTICE
[CPCLO Order No. 002–2018]
Privacy Act of 1974; Systems of
Records
Office of Inspector General,
United States Department of Justice.
AGENCY:
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ACTION:
Notice of a new system of
records.
Pursuant to the Privacy Act of
1974 and Office of Management and
Budget (OMB) Circular No. A–108,
notice is hereby given that the Office of
Inspector General (OIG), a component
within the United States Department of
Justice (DOJ or Department), is
publishing a new system of records
notice titled ‘‘Data Analytics Program
Records System,’’ JUSTICE/OIG–006.
OIG proposes to establish this system of
records to assist with the performance of
audits, investigations, and reviews, and
to accommodate the requirements of the
Digital Accountability and
Transparency Act of 2014 (DATA Act).
DATES: In accordance with 5 U.S.C.
552a(e)(4) and (11), this notice is
applicable upon publication, subject to
a 30-day period in which to comment
on the routine uses, described below.
Therefore, please submit any comments
by April 27, 2018.
ADDRESSES: The public, OMB, and
Congress are invited to submit any
comments by mail to the United States
Department of Justice, Office of Privacy
and Civil Liberties, ATTN: Privacy
Analyst, National Place Building, 1331
Pennsylvania Avenue NW, Suite 1000,
Washington, DC 20530; by facsimile at
202–307–0693; or by email at
privacy.compliance@usdoj.gov. To
ensure proper handling, please
reference the above CPCLO Order No.
on your correspondence.
FOR FURTHER INFORMATION CONTACT:
William Blier, General Counsel, Office
of the General Counsel, Office of the
Inspector General, Department of
Justice, 950 Pennsylvania Avenue NW,
Washington, DC 20530, (202) 514–3435.
SUPPLEMENTARY INFORMATION: Under the
Inspector General Act of 1978, as
amended, Inspectors General, including
the DOJ Inspector General, are
responsible for conducting, supervising,
and coordinating audits and
investigations relating to programs and
operations of the Federal agency for
which their office is established to
recognize and mitigate fraud, waste, and
abuse. This system of records facilitates
OIG’s performance of its statutory
responsibility by implementing a data
analytics (DA) program to assist with
the performance of OIG audits,
investigations, and reviews, and
accommodate the requirements of the
DATA Act, Public Law 113–101, 128
Stat. 1146.
The DA program will provide OIG:
Timely insights from the data already
stored in DOJ databases that OIG has
legal authorization to access and
SUMMARY:
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13309
maintain; the ability to monitor and
analyze data for patterns and
correlations that signal wasteful,
fraudulent, or abusive activities
impacting Department performance and
operations; the ability to find, acquire,
extract, manipulate, analyze, connect,
and visualize data; the capability to
manage vast amounts of data; the ability
to identify significant information that
can improve decision quality; and the
ability to mitigate risk of waste, fraud,
and abuse. The DA program will also
allow the OIG to obtain technology to
develop risk indicators that can analyze
large volumes of data and help focus
OIG’s efforts to combat waste, fraud, and
abuse. OIG intends to use statistical and
mathematical techniques to identify
areas to conduct audits and identify
activities that may indicate whether an
investigation is warranted. The
information maintained within this
system of records will be limited to only
information that OIG has legal
authorization to collect and maintain as
part of its responsibility to conduct,
supervise, and coordinate audits and
investigations of Department programs
and operations to recognize and mitigate
fraud, waste, and abuse.
Pursuant to 5 U.S.C. 552a(b)(12),
records maintained in this system of
records may be disclosed to a consumer
reporting agency without the prior
written consent of the individual to
whom the record pertains. Such
disclosure will only be made in
accordance 31 U.S.C. 3711(e). In
accordance with 5 U.S.C. 552a(r), the
Department has provided a report to
OMB and Congress on this new system
of records.
Dated: March 15, 2018.
Katherine Harman-Stokes,
Deputy Director, Office of Privacy and Civil
Liberties, United States Department of Justice.
JUSTICE/OIG–006
SYSTEM NAME AND NUMBER:
Data Analytics Program Records
System, JUSTICE/OIG–006.
SECURITY CLASSIFICATION:
Classified and Controlled Unclassified
Information.
SYSTEM LOCATION:
Access to these electronic records
includes all Department locations that
the Department’s Office of Inspector
General (OIG) operates or that support
OIG operations, including but not
limited to, 1425 New York Avenue,
Washington, DC 20005. Some or all
system information may also be
duplicated at other locations where the
Department has granted direct access to
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]]>Agencies
[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Notices]
[Pages 13306-13309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05971]
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DEPARTMENT OF JUSTICE
[CPCLO Order No. 004-2018]
Privacy Act of 1974; Systems of Records
AGENCY: National Institute of Justice, Office of Justice Programs,
United States Department of Justice.
ACTION: Notice of a new system of records.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Privacy Act of 1974 and Office of Management
and Budget (OMB) Circular No. A-108, notice is hereby given that the
Office of Justice Programs (hereinafter OJP), a component within the
United States Department of Justice (DOJ or Department), proposes to
develop a new system of records titled National Missing and
Unidentified Persons System, JUSTICE/OJP--015. The OJP proposes to
establish this system of records to improve the quantity and quality
of--and appropriate access to--
[[Page 13307]]
data on missing persons, unidentified decedents, and unclaimed
decedents, in a centralized repository.
DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this notice is
applicable upon publication, subject to a 30-day period in which to
comment on the routine uses, described below. Please submit any
comments by April 27, 2018.
ADDRESSES: The public, OMB, and Congress are invited to submit any
comments to the United States Department of Justice, Office of Privacy
and Civil Liberties, ATTN: Privacy Analyst, National Place Building,
1331 Pennsylvania Avenue NW, Suite 1000, Washington, DC 20530, or by
facsimile at 202-307-0693, or email at [email protected]. To
ensure proper handling, please reference the above CPCLO Order No. on
your correspondence.
FOR FURTHER INFORMATION CONTACT: Charles Heurich, Senior Physical
Scientist, National Institute of Justice, Office of Justice Programs,
810 7th Street NW, Washington, DC 20531, [email protected],
202-616-9264.
SUPPLEMENTARY INFORMATION: The National Institute of Justice's National
Missing and Unidentified Persons System (NamUs) houses records and
information in a centralized system regarding cases of missing persons,
unidentified persons (decedents), and unclaimed persons (decedents),
and makes certain information available, based on access privileges, to
the general public, law enforcement professionals, coroners, and
medical examiners to help solve such cases. In accordance with 5 U.S.C.
552a(r), the Department has provided a report to OMB and Congress on
this new system of records.
Dated: March 16, 2018.
Katherine M. Harman-Stokes,
Deputy Director, Office of Privacy and Civil Liberties, United States
Department of Justice.
SYSTEM NAME AND NUMBER
National Missing and Unidentified Persons System (NamUs), JUSTICE/
OJP--015
SECURITY CLASSIFICATION:
Unclassified
SYSTEM LOCATION:
Office of Justice Programs, 810 7th Street NW, Washington, DC 20531
SYSTEM MANAGER(S):
Point of Contact: Charles Heurich, [email protected],
National Institute of Justice, Office of Investigative and Forensic
Sciences, 810 7th Street NW, Washington, DC 20531
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(sections 201 and 202); Homeland Security Act of 2002 (section 232);
and 28 U.S.C. 530C.
PURPOSE(S) OF THE SYSTEM:
The National Missing and Unidentified Persons System (NamUs) houses
records and information regarding cases of missing persons,
unidentified decedents, and unclaimed decedents, and makes appropriate
information available to the general public and law enforcement
professionals to help solve such cases.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Missing persons and registered users of the system, including
registered law enforcement personnel, coroners, medical examiners, and
members of the public, and although not covered by the Privacy Act,
unidentified decedents and unclaimed decedents (named but no next of
kin).
CATEGORIES OF RECORDS IN THE SYSTEM:
Missing person case information, unidentified decedent case
information, unclaimed decedent case information, and administrative
data for registered users. Case information that is available to the
general public may include, but is not limited to, case numbers, name,
demographic information (such as age, gender, race/ethnicity, height,
and weight), last known location, date of last contact, physical
description, clothing and accessories, vehicle and transportation
information, investigating agency information, and photographs.
Professional users have access to additional case information that may
include, but is not limited to, date of birth, place of birth, Social
Security number (SSN) (for missing persons cases only), DNA
availability (specifically whether a DNA sample exists and was
submitted to a laboratory, and if so, which laboratory and whether the
lab results are available--neither DNA profiles nor DNA testing results
are housed within the NamUs system), fingerprint records, dental
records, and family contact information. Administrative data for
registered users includes, but is not limited to, name, address, email
address, telephone number, work title (for professional users only) and
agency name (for professional users only).
RECORD SOURCE CATEGORIES:
Professional users and members of the public provide information
for the system:
Professional Users: Law Enforcement, Medical Examiners/
Forensic Pathologists, Coroners, Medicolegal Investigators, DNA
Specialists, Fingerprint Examiners, Forensic Odontologists, Forensic
Anthropologists, Regional System Administrators (OJP grantees), NamUs
Staff (i.e. staff that do not have the ability to grant access to other
users or have final approval over edits or changes), and National
Center for Missing and Exploited Children (NCMEC) Liaisons.
Public Users: members of public including family members
of missing persons, victim advocates, media representatives, and other
members of the public who have registered as users in the NamUs
application.
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), all or a portion of the records or information contained in
this system of records may be disclosed 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:
1. To any criminal, civil, or regulatory law enforcement or
medicolegal authority (whether federal, state, local, territorial,
tribal, foreign, or international), where the information is relevant
to the recipient entity's law enforcement or medicolegal
responsibilities.
2. To a governmental entity lawfully engaged in collecting law
enforcement, law enforcement intelligence, medicolegal, or national
security intelligence information for such purposes when determined to
be relevant by the DOJ.
3. 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.
[[Page 13308]]
4. In an appropriate proceeding before a court, 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.
5. 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 informal discovery
proceedings.
6. To the news media and members of the general public, 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.
7. 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.
8. To designated officers and employees of federal, 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.
9. 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 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.
10. To former employees of the Department for purposes of:
Responding to an official inquiry by a federal, state, local, tribal or
territorial government entity or professional licensing authority, in
accordance with applicable Department regulations; or facilitating
communications with former employees 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.
11. 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.
12. 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.
13. 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.
14. To appropriate agencies, entities, and persons when (1) the
Department suspects or has confirmed that there has been a breach of
the system of records; (2) the Department has determined that as a
result of the suspected or confirmed breach there is a risk of harm to
individuals, the Department (including its information systems,
programs, and operations), the Federal Government, or national
security; and (3) the disclosure made to such agencies, entities, and
persons is reasonably necessary to assist in connection with the
Department efforts to respond to the suspected or confirmed breach or
to prevent, minimize, or remedy such harm.
15. To another Federal agency or Federal entity, when the
Department determines that information from this system of records is
reasonably necessary to assist the recipient agency or entity in (1)
responding to a suspected or confirmed breach or (2) preventing,
minimizing, or remedying the risk of harm to individuals, the recipient
agency or entity (including its information systems, programs, and
operations), the Federal Government, or national security, resulting
from a suspected or confirmed breach.
16. To any agency, organization, or individual for the purposes of
performing authorized audit and oversight operations of the DOJ and
meeting related reporting requirements.
17. To such recipients and under such circumstances and procedures
as are mandated by federal statute or treaty.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records in this system are stored in electronic form for use in a
computer environment.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Information in this system may be retrieved by personal identifier,
including but not limited to, an individual's name, case number,
physical description, and other unique case information metadata, such
as scars, marks, and tattoos.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The records will be maintained in a secure manner within the NamUs
information technology system until disposition. The retention period
for the NamUs system is pending; until the National Archives and
Records Administration approves the retention and disposal schedule,
records will be treated as permanent.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Internet connections are protected by multiple firewalls.
Information technology security personnel conduct periodic
vulnerability scans using DOJ-approved software to ensure security
compliance and security logs are enabled for all DOJ computers that
access the system to assist in troubleshooting and forensic analysis
during incident investigations. For access to sensitive information
that is not published for public access, users of the system can only
gain access to the data based on their access privileges and by a valid
user identification and password. Access to the data in the system is
further limited by the user's assigned role within the system. All
communications between users and the system are protected by secure
communication protocol that provides confidentiality and integrity of
the transmitted data. The system leverages Federal Risk and
Authorization Management Program (FedRAMP) compliant cloud service
infrastructure with security controls including physical safeguards
appropriate for a system categorized as ``moderate'' under applicable
Federal Information Security Modernization Act of 2014 (FISMA)-related
information technology standards.
RECORD ACCESS PROCEDURES:
All requests for access to records must be in writing and should be
addressed to the Government Information Specialist, Office of Justice
Programs, Department of Justice, Room 5400, 810 7th Street NW,
Washington, DC 20531 or [email protected]. The envelope and letter
should be clearly marked ``Privacy Act Access Request.'' The request
must describe the records sought in sufficient detail to enable
Department personnel to locate them with a reasonable amount of effort.
The request must include a general
[[Page 13309]]
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 and either notarized or submitted under penalty of perjury.
Although no specific form is required, you may obtain forms for
this purpose from the FOIA/Privacy Act Mail Referral Unit, United
States Department of Justice, 950 Pennsylvania Avenue NW, Washington,
DC 20530, or on the Department of Justice website at https://www.justice.gov/oip/oip-request.html.
More information regarding the Department's procedures for
accessing records in accordance with the Privacy Act can be found at 28
CFR part 16 Subpart D, ``Protection of Privacy and Access to Individual
Records Under the Privacy Act of 1974.''
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest or amend records maintained in this
system of records must direct their requests to the address indicated
in the RECORD ACCESS PROCEDURES section, above. All requests to contest
or amend records must be in writing and the envelope and letter should
be clearly marked ``Privacy Act Amendment Request.'' All requests must
state clearly and concisely what record is being contested, the reasons
for contesting it, and the proposed amendment to the record.
More information regarding the Department's procedures for amending
or contesting records in accordance with the Privacy Act can be found
at 28 CFR 16.46, ``Requests for Amendment or Correction of Records.''
NOTIFICATION PROCEDURES:
Individuals may be notified if a record in this system of records
pertains to them when the individuals request information utilizing the
same procedures as those identified in the RECORD ACCESS PROCEDURES
section, above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
[FR Doc. 2018-05971 Filed 3-27-18; 8:45 am]
BILLING CODE 4410-18-P
