Privacy Act of 1974; Systems of Records, 1436-1437 [2022-00240]

Agencies

• Department of Justice

[Federal Register Volume 87, Number 7 (Tuesday, January 11, 2022)]
[Notices]
[Pages 1436-1437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00240]



[[Page 1436]]

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DEPARTMENT OF JUSTICE

[CPCLO Order No. 01-2022]


Privacy Act of 1974; Systems of Records

AGENCY: Justice Management Division, 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 
Justice Management Division (JMD), a component within the United States 
Department of Justice (DOJ or Department), proposes to modify a system 
of records notice titled ``DOJ Personnel Public Health Emergency 
Records System,'' JUSTICE/JMD-025. The component proposes to modify the 
system of records notice to explicitly encompass collection of records 
related to requests for exceptions from public health emergency 
mandates, as well as clarify the definition of Department personnel to 
specifically include individuals on assignment to the Department from 
local, state, tribal or territorial agencies.

DATES: 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 by February 10, 2022.

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, (2Con), 145 N 
Street NE, Suite 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: Arthur E. Gary, Deputy Assistant 
Attorney General, Policy, Management, and Procurement, 950 Pennsylvania 
Avenue NW, Washington, DC 20530-0001, (202) 514-3101.

SUPPLEMENTARY INFORMATION: This system of records covers information 
necessary and relevant to Department activities responding to and 
mitigating the COVID-19 pandemic and other high-consequence public 
health threats, and diseases or illnesses relating to a public health 
emergency. Such information may include information pertaining to 
Department personnel, including employees, interns, contractors, and 
other personnel assigned to Department components such as Task Force 
Officers and other detailees, relating to efforts to protect the 
Department's workforce from contracting the illness or disease that is 
the subject of a declared public health emergency. The information may 
also pertain to personnel who undergo preventative testing for, or 
receive a vaccination to prevent, a disease or illness that is the 
subject of a declared public health emergency, as well as information 
necessary to implement federal, state, or local mandates relating to a 
public health emergency, including requests for legally required 
exceptions such as those based on religious or medical considerations. 
The information collected may include identifying and contact 
information of individuals who have been suspected or confirmed to have 
contracted a disease or illness, or who have been exposed to an 
individual who had been suspected or confirmed to have contracted a 
disease or illness related to a declared public health emergency; 
individual circumstances and dates of suspected exposure; testing 
results, symptoms, and treatments; vaccination records; health status 
information; and other information necessary and relevant to Department 
activities responding to and mitigating COVID-19 and other high-
consequence public health threats and diseases or illnesses relating to 
a public health emergency. The Department maintains this information to 
understand the impact of an illness or disease on the Department 
workforce, and to assist in reducing the spread of the disease or 
illness among Department personnel. In certain instances, depending on 
the type of record collected and maintained, records maintained in this 
system of records may also be covered by Office of Personnel 
Management/Government-10 Employee Medical File System Records, 75 FR 
35,099 (June 21, 2010). However, JUSTICE/JMD-025 covers additional 
records--specifically records collected in response to COVID-19, a 
high-consequence public health threat, as well as other declared public 
health emergencies.
    This system of records notice is being modified to conform with the 
requirements of Executive Order 14,043, Executive Order on Requiring 
Coronavirus Disease 2019 Vaccination for Federal Employees and 
Executive Order 14,042, Ensuring Adequate COVID Safety Protocols for 
Federal Contractors. These orders mandate that categories of Department 
personnel be vaccinated against COVID-19, subject to such exceptions as 
required by law. This system of records notice is being modified to 
incorporate collection of records related to requests for legally 
required exceptions from public health emergency mandates. 
Additionally, this system of records modification clarifies the 
definition of the term ``Department personnel'' to specifically include 
individuals on assignment to the Department from local, state, tribal 
or territorial agencies, such as Task Force Officers or other 
detailees.
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and Congress on this modified system of records.

    Dated: January 3, 2022.
Peter A. Winn,
Acting Chief Privacy and Civil Liberties Officer, United States 
Department of Justice.

JUSTICE/JMD-025:
SYSTEM NAME AND NUMBER:
    DOJ Personnel Public Health Emergency Records System, JUSTICE/JMD-
025.

SECURITY CLASSIFICATION:
    Controlled Unclassified Information.

SYSTEM LOCATION:
    Records may be maintained at all locations at which the Department 
of Justice (DOJ), or contractors on behalf of the Department, operate 
or at which DOJ operations are supported, including the Robert F. 
Kennedy Main Justice Department Building, 950 Pennsylvania Avenue NW, 
Washington, DC 20530-0001.
    Additionally, records may be maintained electronically at one or 
more of the Department's data centers, including, but not limited to, 
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 within the Continental United States. Access to these 
electronic records may occur at any location at which the DOJ operates 
or where DOJ Office of the Chief Information Officer (OCIO) operations 
are supported. Some or all of the information in the system may be 
duplicated at other locations where the Department has granted direct 
access to support DOJ operations, system backup, emergency 
preparedness, and/or continuity of operations. To determine the 
location of a particular record maintained in this system of records, 
contact the system manager, whose contact information is listed in the

[[Page 1437]]

``SYSTEM MANAGER(S)'' paragraph, below.

SYSTEM MANAGER(S):
    Arthur E. Gary, Deputy Assistant Attorney General, Policy, 
Management and Procurement, 950 Pennsylvania Avenue NW, Washington, DC 
20530-0001, (202) 514-3101.
* * * * *

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    [Delete existing paragraph and replace with the following:]
    Executive Order 14,043, Requiring Coronavirus Disease 2019 
Vaccination for Federal Employees; Executive Order 14,042, Ensuring 
Adequate COVID Safety Protocols for Federal Contractors; federal 
workforce safety requirements, including the Occupational Safety and 
Health Act of 1970, 29 U.S.C. Ch. 15, and federal safety programs 
covered by 5 U.S.C. 7902, implemented by Executive Order No. 12,196, 
Occupational safety and health programs for Federal employees; federal 
laws governing reasonable accommodations, including The Rehabilitation 
Act of 1973, as amended, 29 U.S.C. 791, and Title VII of the Civil 
Rights Act of 1964, as amended, 42 U.S.C. 2000e, et seq.; and federal 
laws requiring the Attorney General to create and maintain federal 
records of agency activities, including 5 U.S.C. 301 and 44 U.S.C. 
3101.

PURPOSE(S) OF THE SYSTEM:
    [Delete existing paragraph and replace with the following:]
    The purpose of this system is to maintain records necessary and 
relevant to Department activities responding to and mitigating the 
COVID-19 pandemic, and other public health emergencies. Such records 
include those records needed to understand the impact of an illness or 
disease on the Department workforce, and to assist in protecting the 
Department's workforce from, and responding to, a declared public 
health emergency or other high-consequence public health threats. Among 
other things, DOJ may use the information collected to facilitate the 
provision of vaccines to DOJ personnel, including employees, interns, 
and contractors; to inform individuals who may have been in proximity 
of a person possibly infected with the disease or illness at or on 
buildings, grounds, and properties that are owned, leased, or used by 
the Department; to confirm which personnel have received vaccinations 
to prevent such disease or illness to spread throughout the 
Department's workforce; or to process requests for legally required 
exceptions from public health emergency mandates, including exceptions 
to vaccination and testing requirements based on religious or medical 
considerations.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    [Delete existing paragraph and replace with the following:]
    Department personnel, including employees, interns, contractors, 
and other personnel assigned to Department components such as Task 
Force Officers and other detailees.

CATEGORIES OF RECORDS IN THE SYSTEM:
    [Add the following paragraph:]
    G. Records regarding a request for a legally required exception to 
a public health emergency mandate (e.g., written requests detailing the 
type of exception requested and the basis for such request; 
documentation accompanying the request to establish a legal basis for 
the exception; the Department's response to such request; documents 
related to the exception review process).

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    [Delete existing paragraph and replace with the following:]
    To the extent applicable, to ensure compliance with Americans with 
Disabilities Act (ADA), the Rehabilitation Act, and the Genetic 
Information Nondiscrimination Act of 2008 (GINA), medical information 
must be ``maintained on separate forms and in separate medical files 
and be treated as a confidential medical record.'' 42 U.S.C. 
12112(d)(3)(B); 42 U.S.C. sec 2000ff-5(a); 29 CFR 1630.14(b)(1), 
(c)(1), (d)(4)(i); and 29 CFR 1635.9(a). This means that medical 
information and documents must be stored separately from other 
personnel records. Records compiled under this SORN will be maintained 
in accordance with applicable NARA General Records Schedules (GRS), 
including but not limited to: 2.7, Items 010, 070 or 080 (DAA-GRS2017-
0010-0001, DAA-GRS2017-0010-0012, and DAA-GRS2017-0010-0013).
* * * * *

HISTORY:
    DOJ Personnel Public Health Emergency Records System, JUSTICE/JMD-
025, 86 FR 20740 (April 21, 2021).

[FR Doc. 2022-00240 Filed 1-10-22; 8:45 am]
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