Privacy Act of 1974; Systems of Records, 85236-85239 [2024-23951]

Agencies

• Department of Justice

[Federal Register Volume 89, Number 207 (Friday, October 25, 2024)]
[Notices]
[Pages 85236-85239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23951]


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DEPARTMENT OF JUSTICE

[CPCLO Order No. 04-2024]


Privacy Act of 1974; Systems of Records

AGENCY: Access to Justice, 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 
Office for Access to Justice (ATJ), a component within the United 
States Department of Justice (DOJ or Department), proposes to develop a 
new system of records to support the Civil Legal Empowerment, Access, 
and Reentry (CLEAR) Program. The system of records is the Civil Legal 
Empowerment, Access, and Reentry (CLEAR) Program Records System, 
JUSTICE/ATJ-001. The ATJ proposes to establish this system of records 
to maintain records of the information received, reviewed, or created 
for the CLEAR Program, administered by ATJ, in collaboration with the 
Federal Bureau of Prisons (FBOP), and third-party partners, such as 
legal and medical service providers or academic institutions, to 
provide civil legal services to individuals incarcerated or previously 
incarcerated at FBOP facilities.

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 November 25, 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, Two Constitution 
Square, 145 N St. 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: Nina Wu, Senior Counsel, Office for 
Access to Justice, Department of Justice, 150 M Street NE, Washington, 
DC 20002, [email protected], 202-510-6386.

SUPPLEMENTARY INFORMATION: The CLEAR Program, announced by the Acting 
Associate Attorney General in April 2024, is designed to help 
incarcerated individuals better understand their civil legal rights and 
feel empowered to meet their own civil legal needs. As part of the 
CLEAR Program, ATJ will collaborate with a private third party, such as 
an academic institution or legal services provider, to provide civil 
legal services to incarcerated individuals and formerly incarcerated 
individuals at selected FBOP facilities.
    The CLEAR Program will include three segments: (1) developing and 
providing self-help materials to address civil legal needs of 
incarcerated individuals; (2) conducting a series of empowerment 
workshops for incarcerated individuals focused on family law, 
financial-related issues, and public benefits; and (3) creating Medical

[[Page 85237]]

Legal Partnerships (MLPs) with third-party partners to assist with pre-
release Supplemental Security Income (SSI) claims.
    To properly execute the CLEAR Program, ATJ is issuing this System 
of Records Notice.
    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: October 9, 2024.
Peter A. Winn,
Acting Chief Privacy and Civil Liberties Officer, United States 
Department of Justice.
JUSTICE/ATJ-001

SYSTEM NAME AND NUMBER:
    Civil Legal Empowerment, Access, and Reentry (CLEAR) Program 
Records System, JUSTICE/ATJ-001.

SECURITY CLASSIFICATION:
    Controlled Unclassified Information.

SYSTEM LOCATION:
    Records may be maintained at any Department of Justice authorized 
location. A list of the Access to Justice (ATJ) system locations may be 
found at https://www.justice.gov/atj. 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 
United States.

SYSTEM MANAGER(S):
    Deputy Director, U.S. Department of Justice, Office for Access to 
Justice, 950 Pennsylvania Ave. NW, Room 3339, Washington, DC 20530.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    This system is established and maintained under the authority of 28 
CFR 0.33.

PURPOSE(S) OF THE SYSTEM:
    The purpose of the system is to maintain records of the information 
received, reviewed, or created for the CLEAR Program; to make records 
available to DOJ and ATJ staff to support the program as needed, and to 
other Federal and third-party partners as necessary to perform program 
functions as needed. The CLEAR Program is administered by ATJ, in 
collaboration with the Federal Bureau of Prisons (FBOP) and third-party 
partners, such as a legal or medical service providers or academic 
institutions, to provide self-help materials, a series of empowerment 
workshops and a Medical Legal Partnership focused on Supplemental 
Security Income claims to assist individuals currently and previously 
incarcerated at FBOP facilities.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals currently or previously in the custody of the Attorney 
General and/or the Director of the FBOP, including those individuals in 
custody for criminal and civil commitments; counsel, family, and 
friends of individuals in custody, for example, when they provide 
letters of support to an incarcerated individual participating in the 
CLEAR Program; students and staff of academic institutions 
participating in the CLEAR Program; staff or volunteers affiliated with 
legal or medical service providers and other third-party partners 
participating in the CLEAR Program; third parties which enter into 
contracts, memoranda of understanding, or other arrangements with ATJ 
to facilitate the execution of the CLEAR Program; and DOJ staff 
involved in the administration of the CLEAR Program.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system consists of all records relating to the execution of 
the CLEAR Program, including healthcare-related (such as medical, 
dental, mental health, and substance abuse records), legal (such as 
criminal, civil, custodial, and probation records), financial, housing, 
and social security records pertaining to currently or previously 
incarcerated individuals participating in the Program; and records 
created and maintained for administrative or operational purposes for 
the CLEAR Program. This includes communications between, and records 
received from, generated by, or about DOJ staff (including ATJ and 
FBOP) and third-party partner staff participating in the CLEAR Program. 
The system will also contain records related to the performance of the 
Program and third-party partners and their students and staff.

RECORD SOURCE CATEGORIES:
    The system contains records that originated from DOJ staff involved 
in the administration of the CLEAR Program; FBOP, students, and staff 
of the third-party partners supporting the CLEAR Program; health care 
providers and professionals; the Social Security Administration; the 
U.S. Probation Office; individuals currently or formerly in FBOP's 
custody, and counsel, family, and friends of those individuals.

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 any person or entity that ATJ has reason to believe 
possesses information regarding a matter within the authority of ATJ, 
to the extent deemed to be necessary by ATJ in order to elicit such 
information or cooperation from the recipient for use in the 
performance of an authorized activity.
    (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 in 
accordance with applicable laws, rules, and Department policies.
    (d) 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, with the 
concurrence of the Department's Chief Privacy and Civil Liberties 
Officer.
    (e) To contractors, experts, consultants, students, and others 
performing or working on a contract, service, grant, cooperative 
agreement, memorandum of understanding or other assignment for the 
Federal Government, when necessary to accomplish an agency function 
related to this system of records.
    (f) To designated officers and employees of 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

[[Page 85238]]

relevant and necessary to the recipient agency's decision.
    (g) 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.
    (h) To a former employee of the Department for purposes 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 which 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 on behalf of, 
and at the request of, the individual who is the subject of the record.
    (k) To the National Archives and Records Administration (NARA) and 
General Services Administration in 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 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.
    (n) To any agency, organization, or individual for the purpose of 
performing authorized audit or oversight operations of ATJ 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 person or entity to the extent necessary to prevent 
immediate loss of life or serious bodily injury; and
    (q) To the Social Security Administration, to meet the requirements 
of Social Security disability applications.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records in this system are stored on paper and/or in electronic 
form. Records are stored securely in accordance with applicable laws, 
regulations, and policies.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by identifying data of the persons covered by 
this system, including name, inmate register number, and Social 
Security Number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records in this system are maintained and disposed of in accordance 
with all applicable statutory and regulatory requirements. Pending NARA 
approval of a proposed records schedule, SSI claim-related case records 
will be retained for a period of five years after a decision is made by 
the Social Security Administration on the SSI claim of the individual 
under FBOP custody. Documentary records are destroyed by shredding; 
computer records are destroyed by degaussing and/or shredding.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Information in this system in electronic or hard copy form is 
subject to administrative, technical, and physical safeguards in 
accordance with applicable laws, rules, and policies, including Federal 
information technology (IT) security requirements and DOJ's rules and 
policies governing automated information systems security, including 
physical security and access controls. These safeguards include the 
maintenance of records and technical equipment in restricted areas, the 
use of encryption to protect data, and the required use of strong user 
authentication to access the system. Only those authorized staff who 
require access to perform their official duties may access the system 
equipment and the information in the system. The data is also 
segregated and encrypted, and staff's ability to update inmate data is 
restricted absent authorization. Internet connections are protected by 
multiple firewalls. Users of individual DOJ computers can only gain 
access to data through a multi-factor authentication process; direct 
access to certain information is restricted depending on a user's role 
and responsibility within the organization and system. Security staff 
conduct periodic vulnerability scans using DOJ-approved software to 
ensure security compliance, and security logs are enabled for computers 
to assist in troubleshooting and forensics analysis during incident 
investigations.

RECORD ACCESS PROCEDURES:
    All requests for access to records must be in writing and can be 
emailed to [email protected] or mailed to FOIA Contact, Office for 
Access to Justice, Department of Justice, 950 Pennsylvania Ave. NW, Rm. 
3341, Washington, DC 20530-0001. Any envelope and letter should be 
clearly marked ``Privacy Act Access Request.'' The request must 
describe the records sought in sufficient detail to enable Department 
staff 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. A determination whether a record may be 
accessed will be made at the time a request is received.
    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, ``Access to and Amendment of Individual Records 
Pursuant to the Privacy Act of 1974, and Other Privacy Protections.''

[[Page 85239]]

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.
    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, ``Privacy Act requests for amendment or correction.''

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. 2024-23951 Filed 10-24-24; 8:45 am]
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