Privacy Act of 1974; Systems of Records, 37184-37188 [2021-14994]

Agencies

• Department of Justice

[Federal Register Volume 86, Number 132 (Wednesday, July 14, 2021)]
[Notices]
[Pages 37184-37188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14994]


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DEPARTMENT OF JUSTICE

[CPCLO Order No. 006-2020]


Privacy Act of 1974; Systems of Records

AGENCY: Office of Legal Policy, 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, as amended, and Office of 
Management and Budget (OMB) Circular No. A-108, notice is hereby given 
that the Office of Legal Policy (OLP), a component within the United 
States Department of Justice (DOJ or Department), proposes to modify 
its system of records notice titled ``General Files System of the 
Office of Legal Policy,'' JUSTICE/OLP-003. OLP proposes to modify this 
system of records notice as part of the Department's overall effort to 
update leadership system of records notices in light of organizational, 
procedural, and technological changes at the Department.

DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), the 
modifications to this system of records will be effective upon 
publication, subject to a 30-day period in which to comment on the 
modified routine uses, described below. Please submit any comments by 
August 13, 2021.

ADDRESSES: The public, OMB, and Congress are invited to submit any 
comments by mail to the United States Department of Justice, Office of 
Privacy

[[Page 37185]]

and Civil Liberties, ATTN: Privacy Analyst, Two Constitution Square 
(2Con), 145 N Street NE, Suite 8W.300, Washington, DC 20530; by 
facsimile at 202-307-0693; or by email at [email protected]. 
To ensure proper handling, please reference the above CPCLO Order No. 
on your correspondence.

FOR FURTHER INFORMATION CONTACT: Matrina Matthews, Executive Officer, 
Office of Legal Policy, U.S. Department of Justice, 950 Pennsylvania 
Avenue NW, Room 4234, Washington, DC 20530-0001; telephone: (202) 616-
0040.

SUPPLEMENTARY INFORMATION: OLP is principally responsible for planning, 
developing, and coordinating the implementation of major policy 
initiatives of high priority to the Department and to the 
Administration. In addition, the Assistant Attorney General, OLP, 
consistent with 28 CFR 0.23, is responsible for: Examining and studying 
legislation and other policy proposals and coordinating Departmental 
efforts to secure enactment of those of special interest to the 
Department and the Administration; advising and assisting the Attorney 
General and the Deputy Attorney General regarding the selection and 
appointment of Federal judges; representing the Department on the 
Administrative Conference of the United States and, as appropriate, on 
regulatory reform matters; advising appropriate Departmental officials, 
from time to time, on investigation, litigation, negotiation, penal, or 
correctional policies to ensure the compatibility of those policies 
with overall Departmental goals; and performing such other duties and 
functions as may be specially assigned by the Attorney General and the 
Deputy Attorney General.
    The Department established the system of records, ``General Files 
System of the Office of Legal Policy,'' JUSTICE/OLP-003, to assist the 
Assistant Attorney General, OLP, and the personnel within OLP in 
carrying out the responsibilities of the Office. Since JUSTICE/OLP-003 
was last published in full, 50 FR 37299 (Sept. 12, 1985), OLP and the 
Department as a whole have undertaken a number of organizational, 
procedural, and technological changes that have modernized the 
information and information system that are used to collect, use, 
maintain, and disseminate these records.
    Specifically, JUSTICE/OLP-003 is being updated as follows: The 
system location paragraph has been updated to account for the location 
of both hard copies and the Department's data centers; the authorities 
paragraph has been clarified to include statutes outlining the role and 
responsibilities of the Assistant Attorney General and OLP, as 
delegated by the Attorney General; the routine uses have been updated 
to include additional routine uses that appear in almost every DOJ 
system of records notice, which allow for disclosures that are 
functionally equivalent to the purpose for which the DOJ information is 
collected, or are necessary and proper uses of the DOJ information (for 
example, disclosures to NARA, disclosure to identify and mitigate 
actual or suspected breaches, and disclosures to the public or news 
media, when appropriate); the records-storage paragraph has been 
updated to include the electronic storage of records; the paragraph 
detailing the policies and practices for the retrieval of records in 
the system has been updated to account for the electronic storage of 
records; the records-retention paragraph has been updated to include 
the appropriate records control schedules; the access, amendment, and 
notification procedures have been clarified to detail the process for 
requesting access to, amendment of, or notification of, records within 
this system of records not otherwise exempt from such requests; and a 
history paragraph has been added. The Department has not amended the 
Privacy Act exemptions already claimed for this system of records, so 
that paragraph remains unchanged. The Department has published this 
system of records in its entirety for the benefit of the public.
    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: July 1, 2021.
Peter A. Winn,
Acting Chief Privacy and Civil Liberties Officer, United States 
Department of Justice.
JUSTICE/OLP-003

SYSTEM NAME AND NUMBER:
    General Files System of the Office of Legal Policy, JUSTICE/OLP-
003.

SECURITY CLASSIFICATION:
    Classified and Controlled Unclassified Information.

SYSTEM LOCATION:
    Hard-copy records will be maintained at OLP, Robert F. Kennedy 
Department of Justice Building, 950 Pennsylvania Avenue NW, Washington, 
DC 20530-0001.
    Electronic records will be maintained at one or more of the 
Department's data centers, including, but not limited to, the Justice 
Data Center, Rockville, MD 20854, and/or at one or more of the 
Department's Core Enterprise Facilities (CEF), including, but not 
limited to, the Department's CEF East, Clarksburg, WV 26306, or CEF 
West, Pocatello, ID 83201. Records within this system of records may be 
transferred to a Department-authorized cloud service provider, in which 
records would be limited to locations within the continental United 
States. Access to these electronic records includes all locations at 
which OLP operates or at which OLP operations are supported, including 
the Robert F. Kennedy Department of Justice Building. Some or all 
system information may also be duplicated at other locations where the 
Department has granted direct access to support OLP operations, system 
backup, emergency preparedness, and/or continuity of operations.
    To determine the location of particular OLP records, contact the 
system manager, whose contact information is listed in the ``SYSTEM 
MANAGER(S)'' paragraph, below.

SYSTEM MANAGER(S):
    Assistant Attorney General, Office of Legal Policy, 950 
Pennsylvania Avenue NW, Washington, DC 20530-0001; phone: 202-514-4601; 
general inquiries to the Department can be submitted online at: https://www.justice.gov/contact-us.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    These records are maintained pursuant to 28 U.S.C. ch. 31; 5 U.S.C. 
301; and 28 CFR part 0, subpart D-2.

PURPOSE(S) OF THE SYSTEM:
    This system is maintained for the purpose of assisting the 
Assistant Attorney General, OLP, in carrying out OLP's 
responsibilities. OLP is principally responsible for planning, 
developing, and coordinating the implementation of major policy 
initiatives of high priority to the Department and to the 
Administration. In addition, the Assistant Attorney General, OLP, 
consistent with 28 CFR 0.23: Examines and studies legislation and other 
policy proposals and coordinates Departmental efforts to secure 
enactment of those of special interest to the Department and the 
Administration; advises and assists the Attorney General and the Deputy 
Attorney General regarding the selection and appointment of Federal 
judges; represents the Department on the Administrative Conference of 
the United States and, as appropriate, on regulatory reform matters; 
advises appropriate Departmental officials, from

[[Page 37186]]

time to time, on investigation, litigation, negotiation, penal, or 
correctional policies to ensure the compatibility of those policies 
with overall Departmental goals; and performs such other duties and 
functions as may be specially assigned by the Attorney General and the 
Deputy Attorney General.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The system may encompass individuals who are involved with official 
Federal investigations, policy decisions, and administrative matters of 
significance. Such individuals include, but are not limited to, 
subjects of litigation, targets of investigations, Members and staff 
members of Congress, government officials, and individuals of national 
prominence or notoriety. The system also encompasses individuals who 
were candidates for Federal judgeships but who were never nominated, 
individuals who were nominated for Federal judgeships but who were 
never confirmed, and individuals who were nominated and confirmed for 
Federal judgeships, excluding those appointed to the United States 
Court of Appeals for the Armed Forces, the United States Court of 
Appeals for Veterans Claims, the United States Tax Court, and the 
United States Court of Military Commission Review. The Assistant 
Attorney General, OLP, maintains records indexed to the name of the 
individual.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records may include case files, litigation materials, exhibits, 
internal memoranda and reports, or other records on a given subject or 
individual. Records vary in number and kind according to the breadth of 
the responsibilities assigned to the Assistant Attorney General, OLP. 
Records include those of such significance that the Assistant Attorney 
General, OLP, has policy or administrative interest, and may include 
those which pertain to investigative or law enforcement cases for which 
the Assistant Attorney General, OLP, is asked to provide an analysis 
and establish future policy direction. A computerized index containing 
the subject title and/or individual's name is also maintained.

RECORD SOURCE CATEGORIES:
    Sources of information contained in this system not otherwise 
exempt include individuals; organizations; State, local, and foreign 
government agencies as appropriate; the executive and legislative 
branches of the Federal Government; relevant third parties, and other 
Department and OLP systems of records, including but not limited to, 
JUSTICE/OLP-002, Judicial Nominations Files.

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:
    (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 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.
    (C) To any person or entity that OLP has reason to believe 
possesses information regarding a matter within the jurisdiction of 
OLP, to the extent deemed to be necessary by OLP in order to elicit 
such information or cooperation from the recipient for use in the 
performance of an authorized activity.
    (D) In an appropriate proceeding before a court, grand jury, or 
administrative or adjudicative body, when the Department of Justice 
determines that the records are 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.
    (E) 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.
    (F) 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.
    (G) To contractors, grantees, experts, consultants, students, and 
others performing or working on a contract, service, grant, cooperative 
agreement, interagency agreements, or other assignment for the Federal 
Government, when necessary to accomplish an agency function related to 
this system of records.
    (H) To a former employee of the Department for the purpose 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.
    (I) To Federal, State, local, territorial, tribal, foreign, or 
international licensing agencies or associations that require 
information concerning the suitability or eligibility of an individual 
for a license or permit.
    (J) To a Member of Congress, or staff acting upon the Member's 
behalf, when the Member or staff requests the information for 
investigative or policy decision-making purposes, or on behalf of, or 
at the request of, the individual who is the subject of the record.
    (K) 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.
    (L) 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's efforts to respond to the suspected or confirmed breach or 
to prevent, minimize, or remedy such harm.
    (M) 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

[[Page 37187]]

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.
    (N) To any agency, organization, or individual for the purpose of 
performing authorized audit or oversight operations of OLP and meeting 
related reporting requirements.
    (O) To such recipients and under such circumstances and procedures 
as are mandated by Federal statute or treaty.
    (P) To any criminal, civil, or regulatory law enforcement authority 
(whether Federal, State, local, territorial, tribal, foreign, or 
international) where the information is relevant to the recipient 
entity's law enforcement responsibilities.
    (Q) To a governmental entity lawfully engaged in collecting law 
enforcement, law enforcement intelligence, or national security 
intelligence information for such purposes.
    (R) 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 threat.
    (S) To any person or entity if deemed by OLP to be necessary in 
order to elicit information or cooperation from the recipient for use 
by OLP in the performance of an authorized law enforcement activity.
    (T) To officials and employees of the White House, and during 
Presidential transitions, the President-elect and Vice President-elect 
and their designees, or any Federal agency which requires information 
relevant to an agency concerning the hiring, appointment, or retention 
of an employee, the issuance of a security clearance, the conducting of 
a security or suitability investigation, the classifying of a job, or 
the issuance of a grant or benefit.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records in this system may be stored in electronic form, stored in 
paper folders, and/or stored on magnetic disks, hard disks, removable 
storage devices, or other electronic media. Electronic records are 
stored in databases and/or on hard disks, removable storage devices, or 
other electronic media. Records are stored securely in accordance with 
applicable executive orders, statutes, and agency implementing 
recommendations.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved manually by personal identifier (e.g., name 
of the individual, registration number, employee identification number, 
etc.); subject title; or in some cases, by other identifying search 
terms.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained and disposed of in accordance with guidelines 
approved by the National Archives and Records Administration (DAA-006-
2013-0005 (pending), DAA-0060-2012-0009, and DAA-006-2016-0006 
(pending)).

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Information in this system is maintained in accordance with 
applicable laws, rules, and policies on protecting individual privacy. 
The servers storing electronic data and the backup tapes stored onsite 
are located in locked rooms with access limited to authorized agency 
personnel. Backup tapes stored offsite are maintained in accordance 
with a government contract that requires adherence to applicable laws, 
rules, and policies on protecting individual privacy. Internet 
connections are protected by multiple firewalls. Security personnel 
conduct periodic vulnerability scans using DOJ-approved software to 
ensure security compliance, and security logs are enabled for all 
computers to assist in troubleshooting and forensics analysis during 
incident investigations. Users of individual computers can only gain 
access to the data with a valid user identification and password.

RECORD ACCESS PROCEDURES:
    All requests for access to records must be in writing and should be 
addressed to the Chief, Initial Request Staff, Office of Information 
Policy, 1425 New York Avenue NW, Suite 11050, Washington, DC 20530-
0001. Requests may also be made online at https://www.justice.gov/oip/submit-and-track-request-or-appeal. The envelope, letter, and/or 
subject line 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 in accordance with 28 CFR 16.41(d). The request must include a 
general description of the records sought and must include the 
requester's full name, current address, and, when necessary to identify 
records, date and place of birth. The request must be signed and either 
notarized or submitted under penalty of perjury. Some information may 
be exempt from the access provisions as described in the ``EXEMPTIONS 
PROMULGATED FOR THE SYSTEM'' paragraph, below. An individual who is the 
subject of a record in this system of records may request access to 
those records that are not exempt from access. A determination of 
whether a record may be accessed will be made at the time a request is 
received.
    Although no specific form is required to submit a request, 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/make-foia-request-doj.
    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'' paragraph, above. All requests to 
contest or amend records must be in writing, and the envelope, letter, 
and/or subject line should be clearly marked ``Privacy Act Amendment 
Request.'' All requests must state clearly and concisely what record is 
being contested, the reason(s) for contesting it, and the proposed 
amendment to the record. Some information may be exempt from the 
amendment provisions as described in the ``EXEMPTIONS PROMULGATED FOR 
THE SYSTEM'' paragraph, below. An individual who is the subject of a 
record in this system of records may request to contest or amend those 
records that are not exempt. A determination of whether a record is 
exempt from the amendment provisions will be made after a request is 
received.
    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 request to be notified if a record in this system 
of records pertains to them by utilizing the same procedures identified 
in the ``RECORD ACCESS PROCEDURES'' paragraph, above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    The Attorney General has exempted this system from subsections 
(c)(3) and

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(4); (d); (e)(1), (2), and (3), (e)(4)(G) and (H), and (e)(5); and (g) 
of the Privacy Act, pursuant to 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), 
and (k)(5). Rules have been promulgated in accordance with the 
requirements of 5 U.S.C. 553(b), (c) and (e) and have been published in 
the Federal Register.

HISTORY:
    50 FR 37299 (Sept. 12, 1985): Last published in full;
    66 FR 8425 (Jan. 31, 2001); Added one routine use;
    72 FR 3410 (Jan. 25, 2007): Added one routine use; and
    82 FR 24147 (May 25, 2017): Rescinded 72 FR 3410, and added two 
routine uses.

[FR Doc. 2021-14994 Filed 7-13-21; 8:45 am]
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