Privacy Act of 1974; Systems of Records, 44707-44709 [2024-11055]

Agencies

• Department of Justice

[Federal Register Volume 89, Number 99 (Tuesday, May 21, 2024)]
[Notices]
[Pages 44707-44709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11055]


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DEPARTMENT OF JUSTICE

[CPCLO Order No. 002-2024]


Privacy Act of 1974; Systems of Records

AGENCY: Executive Office for United States Attorneys, United States 
Department of Justice.

ACTION: Notice of a new 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 
Executive Office for United States Attorneys (hereinafter, EOUSA) and 
the Office of Justice Programs (hereinafter, OJP), components within 
the United States Department of Justice (DOJ or Department), propose to 
develop a new system of records notice titled Child Pornography Victims 
Reserve Records, JUSTICE/USA-020. EOUSA and OJP propose to establish 
this system of records to administer the Child Pornography Victims 
Reserve, as required under The Amy, Vicky, and Andy Child Pornography 
Victim Assistance Act of 2018.

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 June 20, 2024.

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, 2 Constitution 
Square, 145 N Street Northeast, Suite 8W.300, Washington, District of 
Columbia, 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: Karen Rolley, Attorney-Advisor, 
Executive Office for United States Attorneys, 175 N Street NE, Office 
of Legal Programs, Washington, DC 20530, [email protected], 202-
252-5866.

SUPPLEMENTARY INFORMATION: Under Federal law, victims of child 
pornography offenses are entitled to full

[[Page 44708]]

and timely restitution from defendants charged and convicted in Federal 
court, including restitution for losses caused by conduct such as the 
possession, receipt, viewing, transportation, and distribution of these 
images. Restitution is imposed upon an individual criminal defendant by 
a Federal court at the time of sentencing, and the obligation to pay 
restitution is part of the defendant's criminal sentence. The Federal 
Government bears the burden of proving that the defendant owes 
restitution to a victim, although a defendant can agree to pay 
restitution as part of a plea agreement.
    The Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 
2018 (``AVAA'') created an alternative system to allow victims of 
trafficking in child pornography to obtain some measure of compensation 
(called ``defined monetary assistance'') without having to prove their 
losses. For this purpose, the AVAA established the Child Pornography 
Victims Reserve (``Reserve'') to provide defined monetary assistance to 
eligible individuals who are depicted in child pornography that is the 
basis for certain convictions under 18 U.S.C. chapter 110. Under the 
terms of the statute, victims of these types of child pornography 
offenses can choose whether to present their full restitution claims in 
court through prosecutors, as is currently done, or to obtain a one-
time payment of defined monetary assistance. The determination 
regarding victim eligibility for the payment is made by the court. The 
Act provides that the ``Attorney General shall administer'' this 
Reserve; therefore, the Department will provide payment from the 
Reserve to a victim pursuant to a court order issued, upon receipt of 
the order and the requisite information from the claimant.
    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: May 15, 2024.
Peter Winn,
Chief Privacy and Civil Liberties Officer (Acting), United States 
Department of Justice.
JUSTICE/USA-020

SYSTEM NAME AND NUMBER:
    Child Pornography Victims Reserve Records, JUSTICE/USA-020.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    Executive Office for United States Attorneys, U.S. Department of 
Justice, 175 N St. NE, 4th Floor, Washington, DC 20530 and Microsoft, 1 
Microsoft Way, Redmond, Washington 98052.

SYSTEM MANAGER(S):
    Karen Rolley, Attorney-Advisor, Executive Office for United States 
Attorneys, 175 N Street NE, Office of Legal Programs, Washington, DC 
20530, [email protected].

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 
2018, Pub. L. 115-299.

PURPOSE(S) OF THE SYSTEM:
    These records are collected or generated for the purpose of 
determining qualification of and/or compensation to claimants under the 
Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who claim compensation, known as ``defined monetary 
assistance,'' under the Amy, Vicky, and Andy Child Pornography Victim 
Assistance Act of 2018 (hereinafter, ``claimants'') and claimants' 
authorized representatives.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in this system include claims filed by or on behalf of 
claimants seeking defined monetary assistance; documents submitted in 
support of the claims; and other records obtained or generated to 
adjudicate, process, and manage the claims.

RECORD SOURCE CATEGORIES:
    Information maintained in the Reserve will originate from a number 
of sources including, but not limited to claimants, claimants' 
authorized representatives, criminal and civil case files separately 
documented pursuant to the Privacy Act of 1974, and Federal court 
rules.

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. 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.
    D. 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.
    E. 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.
    F. 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.
    G. 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.
    H. To another Federal agency or Federal entity, when the Department 
determines that information from this

[[Page 44709]]

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.
    I. To any agency, organization, or individual for the purpose of 
performing authorized audit or oversight operations of the Department 
and meeting related reporting requirements.
    J. To such recipients and under such circumstances and procedures 
as are mandated by Federal statute or treaty.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Paper claims and supporting documents will be scanned and input 
into, the online portal and stored within the secure platform, and all 
paper documents will be destroyed as soon as is feasible pursuant to 
the applicable records retention schedules. Prior to destruction, all 
paper records will be stored in a locked file cabinet in a secure 
location. Claims received and processed through the online portal will 
be stored exclusively within the secure platform.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Files and automated data are retrieved by the claim number, name of 
a claimant or claimant's authorized representative, or case file 
number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The records retention schedule covering records related to the 
Reserve is currently under development. Until a records retention 
schedule is approved by the National Archives and Records 
Administration, records related to the Reserve will be retained for the 
purpose of processing new claims that may be related to existing 
records. Once the records retention schedule is complete, records 
exceeding the approved schedule will be destroyed.
    Paper claims and supporting documents will be destroyed using a 
secured shredding process.
    Automated data is retained in its most current form only, however, 
and as information is updated, outdated information is deleted.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    This system meets DOJ requirements for authorization to operate per 
DOJ Order 0904, Cybersecurity Program. Specifically, information in 
this system is maintained in accordance with 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 by a valid user identification, password, and/
or multifactor authentication.
    Paper claims and supporting documents will be digitized immediately 
upon receipt to ensure auditability of access and use, and paper 
records will be destroyed as soon as is feasible pursuant to the 
applicable records retention schedule to prevent misuse of paper 
records.

RECORD ACCESS PROCEDURES:
    All requests for access to records pursuant to the Privacy Act must 
be in writing and should be addressed to the FOIA Public Liaison, FOIA/
Privacy Staff, Executive Office for United States Attorneys, U.S. 
Department of Justice, 175 N St. NE, Suite 5.400, Washington, DC 20530 
or online at https://eousafoia.usdoj.gov/. For written requests, 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, 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'' paragraph, 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. 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 contest or, if appropriate, seek to 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 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'' 
paragraph, above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

[FR Doc. 2024-11055 Filed 5-20-24; 8:45 am]
BILLING CODE 4410-07-P