Privacy Act of 1974; System of Records, 53749-53752 [2019-21584]

Agencies

• Department of Justice

[Federal Register Volume 84, Number 195 (Tuesday, October 8, 2019)]
[Notices]
[Pages 53749-53752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21584]


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DEPARTMENT OF JUSTICE

[CPCLO Order No. 008-2019]


 Privacy Act of 1974; System of Records

AGENCY: Office of Justice Programs, United States Department of 
Justice.

ACTION: Notice of a modified system of records.

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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 (OJP), a component within the United States 
Department of Justice (Department or DOJ), proposes to modify a system 
of records notice titled Public Safety Officers' Benefits System, 
JUSTICE/OJP-012. The Department proposes to modify the Public Safety 
Officers' Benefits system of records as well as make editorial 
revisions to earlier notices for the system.

DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this notice is 
effective upon publication, subject to a 30-day period in which to 
comment on the routine uses, described below. Therefore, please submit 
any comments within November 7, 2019.

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, 2 Constitution Square, 
8W.300, 145 N Street NE, Washington, DC 20002, by facsimile at (202) 
307-0693, or by email at [email protected]. To ensure proper 
handling, please reference the above-listed CPCLO Order No. on your 
correspondence.

FOR FURTHER INFORMATION CONTACT: Hope Janke, Bureau of Justice 
Assistance, Office of Justice Programs, 810 7th Street NW, Washington, 
DC 20531; [email protected]; (888) 744-6513.

SUPPLEMENTARY INFORMATION: The purpose of the PSOB Program is to 
provide: Death benefits to eligible statutory survivors of fallen law 
enforcement officers, firefighters, and other public safety officers; 
disability benefits to public safety officers catastrophically injured 
in the line of duty; and benefits in the form of educational assistance 
to spouses and children of public safety officers who were killed or 
catastrophically injured in the line of duty.
    The Department is updating the system of records notice for 
JUSTICE/OJP-012, last published in its entirety in the Federal Register 
at 64 FR 25070 (May 10, 1999), and amended at 66 FR

[[Page 53750]]

8425 (Jan. 31, 2001) and 82 FR 24147 (May 25, 2017). First, the 
Department is making certain non-substantive editorial changes for 
JUSTICE/OJP-012, including: Updating the position title of the system's 
manager; re-ordering the routine uses by listing the routine uses 
specific to this system of records first, followed by the Department's 
model routine uses; updating the ``Authority for Maintenance of the 
System'' to reflect the reorganization of the United States Code's 
sections for the PSOB Act from Title 42 to Title 34; and making other 
non-substantive editorial and conforming changes, such as revising the 
titles for sections related to the purposes, storage, retrieval, 
retention, disposal and safeguards of records covered by this system.
    Second, the Department is making substantive changes to JUSTICE/
OJP-012 including: Updating the security classification for the system; 
clarifying certain descriptions of categories of records, individuals, 
and sources contained in the system; and revising and adding routine 
uses to more accurately describe the entities to, or circumstances 
under, which OJP may disclose information covered by this system. 
Examples of the changes to the routine uses of the records in the 
system include: (1) Adding a routine use that allows OJP to disclose to 
one claimant minimal relevant information from the records pertaining 
to another claimant in situations where--(a) the claims are or could be 
adverse; and (b) disclosure of the records would (or could) assist--(i) 
any such claimant in establishing his claim, or (ii) OJP in 
adjudicating any such claim; (2) revising the routine use related to 
disclosure of information to researchers by requiring approval by the 
Director of the Bureau of Justice Assistance, while allowing a broader 
scope of research to be conducted; and (3) adding a routine use that 
allows OJP to disclose records to appropriate governmental and 
professional organizational bodies when there is good cause to question 
the legality or ethical propriety of the actions of a claimant's 
representative during the pendency of a claim.
    The entire notice incorporating the new modifications is being 
republished for the convenience of the public.
    28 CFR pt. 32 and 83 FR 22367 provide the eligibility requirements 
and procedures for the submission and consideration of claims under the 
PSOB Program. More detailed information regarding the PSOB Program is 
available on the PSOB Program's website at www.psob.gov.
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and Congress on this notice of a modified system of 
records.

    Dated: September 30, 2019.
Peter A. Winn,
Acting Chief Privacy and Civil Liberties Officer, United States 
Department of Justice.
JUSTICE/OJP-012

SYSTEM NAME AND NUMBER:
    Public Safety Officers' Benefits System, JUSTICE/OJP-012.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records will be located at the Bureau of Justice Assistance (BJA), 
Office of Justice Programs (OJP), U.S. Department of Justice (DOJ), 810 
Seventh Street NW, Washington, DC 20531, and at appropriate locations 
for system backup and continuity of operations purposes. Records may 
also be maintained in secure cloud computing environments. The cloud 
computing service provider on the date of this publication is Microsoft 
Corporation, located at One Microsoft Way, Redmond, WA 98052. Cloud 
computing service providers may change. For information about the 
current cloud computing service provider, please contact the Bureau of 
Justice Assistance at the address above; telephone (202) 616-6500.

SYSTEM MANAGER(S) AND ADDRESS:
    Director of the Public Safety Officers' Benefits (PSOB) Office, 
Bureau of Justice Assistance, Office of Justice Programs, U.S. 
Department of Justice, 810 Seventh Street NW, Washington, DC 20531.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Authority for maintaining this system exists under 34 U.S.C. Subt. 
I, Ch. 101, Subch. XI; Public Law 107-37, as amended; and 44 U.S.C. 
3103.

PURPOSE(S) OF THE SYSTEM:
    These records are collected or generated for the purpose of 
adjudicating claims under the program established by the Public Safety 
Officers' Benefits Act, and related statutes, including the resolution 
of disputes over eligibility or payment of benefits to claimants; for 
providing a claimant's contact information to entities and persons that 
provide national peer support and counseling programs to families of 
public safety officers who have sustained a fatal or catastrophic 
injury in the line of duty; and for research purposes approved by the 
BJA Director that are consistent with the mission of the PSOB program 
(including, without limitation, purposes related to the cause and 
prevention of public safety officer line-of-duty deaths and 
catastrophic injuries).

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Those individuals claiming eligibility for program benefits in 
accordance with 28 CFR pt. 32 and 83 FR 22367, regardless of the 
outcome of the claim, including the statutory survivors of fallen 
public safety officers, officers catastrophically injured in the line 
of duty, and spouses and children seeking educational assistance.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Claim forms filed by or on behalf of claimants seeking program 
benefits; documentation submitted in support of claims; legal, 
personal, financial, insurance, tax, medical, and other records 
received, obtained or generated to assess, adjudicate, and pay claims.

RECORD SOURCE CATEGORIES:
    Federal, state, local, territorial, or tribal governments; 
agencies, departments, and instrumentalities of such governments; 
medical facilities, physicians, and other health-care providers; 
individual claimants and claimant representatives, including the 
statutory survivors of fallen public safety officers, officers 
catastrophically injured in the line of duty, and spouses and children 
seeking educational assistance; and non-profit entities engaged in 
rescue activity or the provision of emergency medical services.

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), 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.
    A. To a court, tribunal, or other adjudicative body, or to a party 
before any of the same, when any of the following is a party to 
litigation (or has an interest in such litigation) and OJP determines 
that such records are arguably relevant or otherwise necessary to the 
litigation:
    i. The DOJ, or any subunit thereof;
    ii. Any employee of DOJ in his official capacity;
    iii. Any employee of the DOJ in his individual capacity, where DOJ 
has agreed to represent the employee or

[[Page 53751]]

determined that it would be in the interests of the United States; or
    iv. The United States (or any agency, department, or 
instrumentality thereof), where the OJP determines that it would be in 
the interests of the United States.
    B. To Federal, state, local, territorial, or tribal governments, to 
agencies, departments, or instrumentalities of such governments, and to 
non-profit entities engaged in rescue activity or the provision of 
emergency medical services, as necessary to obtain information relevant 
to the adjudication of a claim for program benefits, including whether 
such benefits have been or are being paid improperly.
    C. To appropriate government agencies, to coordinate, with such 
agencies, the timing or offsetting of benefits, under or in connection 
with programs they administer (including whether such benefits have 
been or are being paid improperly), as may be required or authorized by 
law (including whether offsetting benefits were paid under 34 U.S.C. 
10281(f)).
    D. To entities and persons that provide national peer support and 
counseling programs to families of public safety officers who have 
sustained a fatal or catastrophic injury in the line of duty.
    E. To researchers or statisticians, with the approval of the BJA 
Director, for any research or statistical purposes consonant with the 
mission of the PSOB program.
    F. To claimants, prospective claimants, or their authorized 
representatives, to the extent necessary to facilitate their pursuit of 
their claims for program benefits.
    G. To an employer or school having information that is or may be 
relevant to a claim, in order to obtain information from the same to 
the extent necessary to adjudicate a claim for program benefits 
(including whether such benefits have been or are being paid 
improperly).
    H. To labor unions, national public safety organizations, and other 
voluntary employee associations of which the claimant is, or the 
deceased public safety officer was, a member, for the purpose of 
assisting the claimant with the processing of his claim for program 
benefits.
    I. To the Executive Office of the President, for the purpose of 
responding to an individual pursuant to an inquiry received from that 
individual or from a third party on his behalf, but only when the 
individual has sought that Office's assistance in a matter relating to 
a claim for program benefits and that Office makes an inquiry and 
indicates that it is acting on behalf of the individual whose record is 
requested.
    J. To any or all of the following (on OJP's initiative), where the 
OJP determines that there is or may be good cause to question the 
legality or ethical propriety of the conduct of a person or entity 
representing a person in a matter before the agency: (1) Applicable 
civil or criminal law enforcement authorities; (2) a person or entity 
responsible for the licensing, supervision, or professional discipline 
of the person or organization acting as a representative; and (3) the 
office in DOJ responsible for making referrals to licensing bodies or 
for supervisory or professional discipline.
    K. Where OJP determines that a record, either alone or in 
conjunction with other information, does or may indicate a violation of 
law (criminal, civil, or regulatory in nature), to an 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.
    L. To any person or entity that OJP has reason to believe does or 
may possess information regarding a matter relevant to the 
administration of the PSOB Program, to the extent deemed to be 
necessary by OJP in order to obtain information relevant to the 
adjudication of a claim for program benefits, including whether such 
benefits have been or are being paid improperly.
    M. In an appropriate proceeding before a court, grand jury, or 
administrative or adjudicative body, when DOJ 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.
    N. 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 particular context would constitute an unwarranted 
invasion of personal privacy.
    O. 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 a Federal function related to this system of 
records.
    P. To a former DOJ employee, for purposes of: Responding to an 
official inquiry by a Federal, state, or local government entity or 
professional licensing authority, in accordance with applicable DOJ 
regulations; or facilitating communications with such former DOJ 
employee, as may be necessary for personnel-related or other official 
purposes where DOJ requires information and/or consultation assistance 
from the former employee regarding a matter within that former 
employee's former area of responsibility.
    Q. To a Member of Congress (or staff acting on the Member's behalf) 
when the same requests the information on behalf of, and at the request 
of, the individual who is the subject of the record.
    R. To the National Archives and Records Administration (NARA) or 
the General Services Administration for record management inspections 
and such other activities conducted under the authority of 44 U.S.C. 
2904 and 2906.
    S. To appropriate agencies, entities, or persons, when (1) DOJ 
suspects or has confirmed that there has been a breach of the system of 
records; (2) DOJ has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, property, DOJ 
(including its information systems, programs, and operations), the 
Federal Government, or national security; and (3) the disclosure made 
to such agencies, entities, or persons is reasonably necessary to 
assist in connection with the DOJ's efforts to respond to the suspected 
or confirmed breach or to prevent, minimize, or remedy such harm.
    T. To a Federal agency or department (or an instrumentality of the 
Federal Government), when DOJ 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, property, 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.
    U. 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 paper and/or electronic 
format. Paper records are stored in individual file folders and file 
cabinets with controlled access. Electronic records are stored in 
electronic media via a configuration of client/servers and personal 
computers. Records are stored in accordance with applicable executive 
and agency orders,

[[Page 53752]]

statutes, and agency implementing regulations.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Files and automated data are retrieved by name of a claimant, name 
or Social Security number of the individual claimed to be a deceased or 
catastrophically injured public safety officer, and/or claim file 
number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    A retention schedule for retaining PSOB records electronically is 
currently being developed with the National Archives and Records 
Administration. Under OJP's current record disposition authority, OJP 
Handbook 1330.2A, records within the PSOB database have been classified 
as permanent.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Electronic records are access controlled and password protected. To 
further safeguard the electronic records, a FedRAMP-compliant cloud 
solution is utilized, which implements FISMA moderate level security 
controls, including use of encrypted communication channels for data 
transmissions and encrypting stored data to protect confidentiality of 
sensitive data. Paper records are secured in locked file cabinets or in 
locked offices. All files are maintained in a guarded building.

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 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, forms for this purpose may 
be obtained 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 may 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 may be found 
at 28 CFR 16.46, ``Requests for Amendment or Correction of Records.''

NOTIFICATION PROCEDURE:
    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:
    64 FR 25070 (May 10, 1999): Last published in full;
    66 FR 8425 (January 31, 2001): Added one routine use;
    72 FR 3410 (January 25, 2007): Added one routine use;
    82 FR 24147 (May 25, 2017): Rescinded 72 FR 3410 and added two 
routine uses.

[FR Doc. 2019-21584 Filed 10-7-19; 8:45 am]
BILLING CODE 4410-18-P