[Federal Register Volume 67, Number 185 (Tuesday, September 24, 2002)]
[Notices]
[Pages 59864-59867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24206]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 287-2002]


Privacy Act of 1974; System of Records

    Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 
552a), notice is given that the Department of Justice proposes to 
establish a new Department-wide system of records entitled ``Personnel 
Investigation and Security Clearance Records for the Department of 
Justice'' DOJ-006, which generally covers the described records 
maintained by all components other than the Federal Bureau of 
Investigation (FBI). The Justice Management Division's (JMD's) system 
of records for background investigation records, ``Security Clearance 
Information System,'' JMD-008, was previously published in the Federal 
Register at 55 FR 34629, dated Thursday, August 23, 1990. JMD maintains 
the personnel investigation and clearance records of certain categories 
of individuals, while the records of other categories of individuals 
are maintained by individual Bureaus and some other components. This 
notice of a new system of records replaces JMD's notice, and it also 
provides notice for components to the extent that they maintain records 
that are not covered by an existing system notice. For example, some 
components' personnel investigation and clearance records are covered 
by Office of Personnel Management (OPM)/Central-9 to the extent that 
the components maintain only a copy of what OPM maintains; however, to 
the extent that such components may also maintain additional personnel 
investigation and clearance records, as described in this notice, those 
records and any new compilation of the file are covered by this system 
notice. Disclosure determinations regarding any investigative records 
from an OPM or FBI investigation will be made only in accordance with 
the investigating agency's disclosure policies.
    The purpose of publishing this Department-wide notice is to update 
and clarify what records are maintained by the Department, including 
the addition of certain categories of individuals and categories of 
records, and to increase administrative efficiency by publishing a 
centralized notice, while providing the public with a relatively simple 
procedure for requesting access to such information. This system notice 
does not supersede systems of records covered by separately-noticed 
systems, except for JMD-008 and Subsystem 0 of INS-001.
    Accordingly, this Department-wide system notice replaces, and the 
Department hereby removes, on the effective date of this notice, the 
following:

    Justice Management Division, ``Security Clearance Information 
System (SCIS),'' Justice/JMD-008 (55 FR 34629, Aug. 23, 1990) 
Immigration and Naturalization Service, ``Security Access Clearance 
Index,'' Justice/INS-001, Subsystem O only. INS-001 was last 
published at 58 FR 51847, October 5, 1993.

    In accordance with 5 U.S.C. 552a(e)(4) and (11), the public is 
given a 30-day period in which to comment; and the Office of Management 
and Budget (OMB), which has oversight responsibility under the Act, 
requires a 40-day period in which to conclude its review of the system. 
Therefore, please submit any comments by October 24, 2002. The public, 
OMB, and the Congress are invited to submit any comments to Mary E. 
Cahill, Management and Planning Staff, Justice Management Division, 
Department of Justice, Washington, DC 20530 (Room 1400, National Place 
Building).
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and the Congress.

    Dated: September 12, 2002.
Robert F. Diegelman,
Acting Assistant Attorney General for Administration.
Department of Justice--006

System Name:
    Personnel Investigation and Security Clearance Records for the 
Department of Justice, DOJ-006.

System Location:
    U.S. Department of Justice, 950 Pennsylvania Avenue, NW, 
Washington, DC 20530, other Department of Justice Component locations 
(see system manager listings). Working copies of records may reside 
temporarily at locations operated by contractors authorized to provide 
computer services and other agency functions related to this system of 
records.

Categories of Individuals Covered by the System:
    Current and former employees of the Department, including but not 
limited to full and part time employees, interns,

[[Page 59865]]

detailees, volunteers, and task force personnel;
    Current and former contractor employees and prospective contractor 
employees, for whom an investigation is initiated and/or conducted; 
Current and former Congressional staff personnel, Executive Office of 
National Security personnel, Office of Independent Counsel personnel, 
Special Counsel personnel, Foreign Intelligence Surveillance Act judges 
and staff, Presidential Transition personnel, and other individuals 
employed by or performing services for the Federal Government who 
require background investigations;
    Any or all persons associated with and/or acting for the defense or 
for the courts in a criminal proceeding involving classified 
information and any Department component;
    Applicants for paid or unpaid employment with the Department for 
whom an investigation is initiated and/or conducted; and
    Individuals who have been investigated for purposes of determining 
eligibility for access to sensitive or national security information.

Categories of Records in the System:
    Identifying information regarding the individuals in the Categories 
of Individuals above, including one or more of the following: (1) 
Standard Form 86 ``Questionnaire for National Security Position,'' 
Standard Form 85P ``Questionnaire for Public Trust Positions,'' 
Standard Form 85P-S ``Supplemental Questionnaire for Selected 
Positions,'' and/or Standard Form 85 ``Questionnaire for Non-Sensitive 
Positions'' and predecessor and successor forms of the same type; (2) 
Copies of investigative reports from the Office of Personnel 
Management, the Federal Bureau of Investigation (FBI), and/or other 
Federal investigative agencies; (3) Correspondence, information, and 
other supporting documentation related to the investigation and 
adjudication for public trust and national security information 
positions (references in this notice to classified and national 
security information include Sensitive Compartmented Information); (4) 
Form DOJ-555 ``Disclosure and Authorization Pertaining to Consumer 
Reports Pursuant to the Fair Credit Reporting Act'' and other consent 
or waiver forms, and the results of credit checks; (5) Waivers of the 
pre-employment background investigation requirement; (6) Records of 
security clearance certifications; (7) Other information relating to 
the loyalty or trustworthiness of the individual, or relevant to the 
individual's eligibility for access to national security information; 
and (8) Records reviewed by the Access Review Committee (ARC) and 
generated in connection with the ARC appeals procedure (Executive Order 
12968, Section 5.2.(a)(7)).

Authority for Maintenance of the System:
    Presidential Executive Orders 10450, ``Security Requirements for 
Government Employment'' and 12968, ``Access to Classified 
Information,'' and the Classified Information Procedures Act of 1980.

Purpose(s):
    Records in this system are used to determine the loyalty, 
trustworthiness, suitability, eligibility and/or qualifications of 
employees for initial or continued employment in the Department of 
Justice, and for employment in sensitive positions involving 
eligibility and continued eligibility for access to classified 
information. The records are also used to make similar suitability and 
security determinations regarding the employment of contractors to 
perform a service for the Department and to establish the 
trustworthiness for access to classified information of persons 
associated with and/or acting for the court or the defense during 
criminal proceedings, or in other specified cases where individuals 
employed by or performing services for the Federal Government require 
background investigations, including during Presidential transitions. 
Records in this system are also used by the Access Review Committee 
when an appeal is made to the ARC to review a security clearance denial 
or revocation pursuant to E.O. 12968. Records in this system are also 
used to track the status and types of investigations, the dates of 
clearances and level of clearances.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    Disclosure determinations regarding any investigative records from 
an OPM or Federal Bureau of Investigation (FBI) investigation will be 
made only in accordance with the investigating agency's disclosure 
policies.
    Records or information in this system of records may be disclosed 
to the following parties when it has been determined by the Department 
of Justice that such a need exists:
    (a) Designated officers and employees of agencies, offices, and 
other establishments in the executive, legislative, and judicial 
branches of the Federal Government, in connection with the hiring or 
continued employment of an employee or contractor, the conduct of a 
suitability or security investigation of an employee or contractor, or 
the grant, renewal, suspension, or revocation of a security clearance, 
to the extent that the information is relevant and necessary to the 
hiring agency's decision.
    (b) Designated officers and employees of state or local (including 
the District of Columbia) 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 relevant and necessary 
to the recipient agency's decision.
    (c) Members of a Presidential Transition Team for evaluating 
potential appointees.
    (d) Security officials and investigators of Federal Government 
Agencies or Departments for liaison or training purposes where 
appropriate during meetings, conferences, or training courses involving 
access to classified material.
    (e) Federal, state, local, or private entities where appropriate 
for purposes of certification of security clearances of participants in 
training, conferences, meetings, facility visits, and similar 
activities.
    (f) In an appropriate proceeding before a court or administrative 
or regulatory body when records are determined by the Department of 
Justice to be arguably relevant to the proceeding.
    (g) The intelligence agencies of the Department of Defense, the 
National Security Agency, and the Central Intelligence Agency for use 
in intelligence activities.
    (h) In the event that a record in this system, 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, foreign, or tribal law enforcement authority or other 
appropriate agency charged with the responsibility for investigating or 
prosecuting such violation or charged with enforcing or implementing 
such law.
    (i) An employee's designated representative in connection with the 
ARC appeals process.
    (j) The news media and the public pursuant to 28 CFR 50.2 unless it 
is determined that release of the specific

[[Page 59866]]

information in the context of a particular case would constitute an 
unwarranted invasion of personal privacy.
    (k) 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.
    (l) The National Archives and Records Administration and the 
General Services Administration in records management inspections 
conducted under the authority of 44 U.S.C. 2904 and 2906.
    (m) 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.
    (n) Former employees 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.
    (o) An actual or potential party to litigation or the party's 
authorized representative for the purpose of negotiation or discussion 
on such matters as settlement, plea bargaining, or in informal 
discovery proceedings.
    (p) Federal, state, and local licensing agencies or associations 
which require information concerning the suitability or eligibility of 
an individual for a license or permit.
    (q) Such recipients and under such circumstances and procedures as 
are mandated by federal statute or treaty.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Data is stored in electronic media via a configuration of personal 
computer, client/server, and mainframe systems architecture. 
Computerized records are maintained on hard disk, floppy diskettes, 
compact discs, magnetic tape, and/or optical disks. Paper files are 
stored as follows: (1) In a secure file room with controlled access; 
(2) locked file cabinets; and/or (3) other appropriate GSA approved 
security containers.

Retrievability:
    Data is retrieved by searching under the individual's name, social 
security account number, or other identifier.

Safeguards:
    Security measures include the use of safes, locked file cabinets, 
and/or restricted access space for manual records. Electronic records 
are safeguarded in accordance with DOJ rules and policy governing 
automated systems security and access. These safeguards include the 
maintenance of technical equipment in restricted areas, and the 
required use of individual passwords and user identification codes to 
access the system.

Retention and Disposal:
    Records are retained and disposed of in accordance with items 22, 
23, 24, and 25 of the General Records Schedule 18 as approved by the 
Archivist of the United States. Some records (such as Presidential 
Transition records) are retained only temporarily and then transferred 
to the appropriate agency.

System Managers and Addresses:
    For records regarding former and current personnel and contractors 
employed by the Offices, Boards, or Divisions (OBDs) as well as records 
regarding all Department attorneys, interns, honor program applicants, 
Schedule C personnel, non-career SES appointments, Presidential 
appointees, non-Departmental Federal Government personnel, and ARC 
appeals for OBDs, contact: Director, Security and Emergency Planning 
Staff, Attention: Associate Director Personnel Security Group, Justice 
Management Division, U.S. Department of Justice, 950 Pennsylvania 
Avenue, NW., Washington, DC 20530.
    For records regarding former and current Bureau non-attorney 
personnel not specifically listed above and contractors, contact the 
individual Bureaus:
    Security Programs Manager, Drug Enforcement Administration (DEA), 
700 Army Navy Drive, Arlington, VA 22202.
    Security Programs Manager, Federal Bureau of Prisons (BOP), 320 
First Street, NW., Washington, DC 20543.
    Security Programs Manager, Immigration and Naturalization Service 
(INS), 425 I Street, NW., Washington, DC 20536.
    Security Programs Manager, Federal Bureau of Investigation (FBI), 
935 Pennsylvania Avenue, NW., Washington, DC 20535.
    Security Programs Manager, U.S. Marshals Service (USMS), 600 Army 
Navy Drive, Arlington, VA 22202.
    Security Programs Manager, Executive Office for U.S. Trustees 
(EOUST), 901 E Street, NW., Washington, DC 20530.
    Security Programs Manager, National Drug Intelligence Center 
(NDIC), 319 Washington Street, Johnstown, PA 15901.

Notification Procedures:
    Address inquiries to System Manager named above.

Record Access Procedures:
    A request for access to a record from this system shall be made in 
writing to the System Manager, or in the case of BOP and INS records, 
to the FOIA/PA Section, with the envelope and the letter clearly marked 
``Privacy Access Request.'' The request should 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. Some 
information may be exempt from access provisions as described in the 
section entitled ``Systems Exempted from Certain Provisions of the 
Act.'' An individual who is the subject of a record in this system may 
access those records that are not exempt from disclosure. A 
determination whether a record may be accessed will be made at the time 
a request is received.
    Requests for copies of the investigative report should be directed 
to the appropriate investigative agency: the Office of Personnel 
Management at 1900 E St., NW., Room 5416, Washington, DC 20415; the 
Federal Bureau of Investigation at the address above, or other 
investigative agency.

Contesting Record Procedures:
    Individuals desiring to contest or amend information maintained in 
the system should direct their request according to the Record Access 
procedures listed above, stating clearly and concisely what information 
is being contested, the reasons for contesting it, and the proposed 
amendment to the information sought. Some information is not subject to 
amendment, such as tax return information. Some information may be 
exempt from contesting record procedures as described in the section 
entitled ``Systems Exempted from Certain Provisions of the Act.'' An 
individual who is the subject of a record in this system may amend 
those records that are not exempt. A determination whether a record may 
be amended will be made at the time a request is received.

[[Page 59867]]

Record Source Categories:
    Sources of information contained in this system are the individuals 
covered by the system, individuals and entities contacted by 
investigators, adjudicators, or other authorized personnel regarding 
individuals covered by the system, government records, and consumer 
reporting agencies.

System Exempted from Certain Provisions of the Act:
    The Attorney General has exempted this system from 5 U.S.C. 
552a(c)(3) and (4); (d)(1), (2), (3), and (4); (e)(1), (2), (3), (5) 
and (8); and (g). The exemptions will be applied only to the extent 
that information in a record is subject to exemption pursuant to 5 
U.S.C. 552a(j) and (k). A determination as to exemption shall be made 
at the time a request for access or amendment is received. 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.

[FR Doc. 02-24206 Filed 9-23-02; 8:45 am]
BILLING CODE 4410-FB-P