Department of Justice May 23, 2023 – Federal Register Recent Federal Regulation Documents

In the notice section of today's Federal Register, the Office of Privacy and Civil Liberties (hereinafter OPCL), a component within the United States Department of Justice (DOJ or Department), has published a notice of a new system of records, Data Protection Review Court Records System, JUSTICE/OPCL-001. In this notice of proposed rulemaking, the OPCL proposes to exempt this system of records from certain provisions of the Privacy Act to protect national security and law enforcement sensitive information, preserve judicial independence, and ensure the integrity of adjudicatory records in cases before the Data Protection Review Court (``DPRC''). For the reasons provided below, the Department proposes to amend its Privacy Act regulations by establishing an exemption for records in this system from certain provisions of the Privacy Act. Public comment is invited.

This notice establishes a revised user fee for federal agencies requesting name-based, non-criminal justice background checks of the FBI's Central Records System through the Enterprise Vetting Center (EVC), formally known as the National Name Check Program (NNCP). The total resource costs associated with providing name check services have been calculated to ensure full reimbursement to the FBI (``cost reimbursement portion'' of the fee). The FBI is also authorized to charge an additional amount to defray costs required to update and improve the EVC's technological infrastructure, which supports the automation of processes involving name-based background checks (``automation portion'' of the fee). This notice explains the methodology used to calculate revised fees and also provides the updated fee schedule. In addition, and in conjunction with the revised fee for the name-based checks, this notice also establishes an interim monthly fee for Continuous Vetting (CV) checks.