[Federal Register Volume 70, Number 172 (Wednesday, September 7, 2005)]
[Notices]
[Pages 53253-53255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17700]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 008-2005]


Justice Management Division; Privacy Act of 1974; System of 
Records

AGENCY: Office of Attorney Recruitment and Management, Justice 
Management Division, Justice.

ACTION: Notice of a new system of records.

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974 (5 
U.S.C. 552a), notice is given that the Department of Justice (DOJ or 
the Department), Justice Management Division's Office of Attorney 
Recruitment and Management (OARM), proposes to establish a new system 
of records entitled ``Federal Bureau of Investigation Whistleblower 
Case Files, JMD-023.'' The system maintains all documents and evidence 
filed with the Director of OARM, pertaining to requests for corrective 
action by employees of, or applicants for employment with, the Federal 
Bureau of Investigation (or recommendations for corrective action by 
the Department's Office of the Inspector General (OIG) or the 
Department's Office of Professional

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Responsibility (OPR)) made under the Federal Bureau of Investigation's 
(FBI's) whistleblower regulations, 28 CFR Part 27.

DATES: In accordance with the requirements of 5 U.S.C. 552a(e)(4) and 
(11), the public is given a 30-day period in which to comment. The 
Office of Management and Budget (OMB), which has oversight 
responsibility under the Act, has 40 days in which to conclude its 
review of the system. Therefore, please submit any comments by October 
17, 2005.

ADDRESSES: 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).

FOR FURTHER INFORMATION CONTACT: Louis DeFalaise, Director, Office of 
Attorney Recruitment and Management, Justice Management Division, 
Department of Justice, Washington, DC 20530 (Suite 5100, 20 
Massachusetts Ave., NW.).

SUPPLEMENTARY INFORMATION: The Privacy Act (5 U.S.C. 552a(e)(4)) 
requires the Department to publish in the Federal Register this notice 
of a new system of records managed by the Department. The Privacy Act 
applies to a record about an individual that is maintained in a system 
of records from which information is retrieved by a unique identifier 
identified with each individual, such as a name or social security 
number. The information about each individual is called a ``record,'' 
and the system, whether manual or computer-driven, is called a ``system 
of records.'' The Privacy Act requires each agency to publish notices 
of systems of records in the Federal Register and to prepare reports to 
OMB whenever the agency publishes a new or ``altered'' system of 
records.
    The records in this system are used by the Director of OARM to 
determine whether an employee of, or applicant for employment with, the 
FBI made a protected disclosure that was a contributing factor in the 
FBI's decision to take (or not take, or threaten to take or not take) a 
covered personnel action against the employee or applicant and, if so, 
what, if any, corrective action can and should be appropriately 
ordered.
    The official version of this document is the document published in 
the Federal Register. Free Internet access to the official edition of 
the Federal Register and the Code of Federal Regulations is available 
on GPO Access at: http://www.access.gpo.gov/nara/index.html.
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and the Congress.

    Dated: August 31, 2005.
Paul R. Corts,
Assistant Attorney General for Administration.
Justice/JMD-023

SYSTEM NAME:
    Federal Bureau of Investigation Whistleblower Case Files

SECURITY CLASSIFICATION:
    The system itself is not classified. However, items or records 
within the system may have national security/foreign policy 
classifications.

SYSTEM LOCATION:
    Records in this system are located at the Department of Justice, 
Justice Management Division, Office of Attorney Recruitment and 
Management (OARM), 20 Massachusetts Avenue, NW., Suite 5100, 
Washington, DC 20530.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Any employee of, or applicant for employment with, the FBI who has 
filed a request for corrective action with OARM (or for whom the 
Department of Justice's Office of Inspector General (OIG) or Office of 
Professional Responsibility (OPR) has made a recommendation for 
corrective action to OARM) pursuant to a claim of unlawful reprisal 
brought under the FBI whistleblower regulations, 28 CFR Part 27.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The records in the system relate to OARM's adjudication process and 
customarily include the employee's request for corrective action (or 
OIG's/OPR's recommendation for corrective action), the parties' 
submissions, correspondence between OARM and the parties, and OARM's 
Orders and Opinions. These records may also include, but are not 
limited to, status conference notes, and evidentiary submissions and 
exhibits (e.g., affidavits, depositions, video/audio tapes, electronic 
communications, newspaper articles, etc.). Records in the system may 
also contain OIG/OPR Reports of Investigation, including those that 
serve to terminate an investigation of alleged unlawful reprisal 
(subject to 28 CFR 27.3(h) and (i)).

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 301; 44 U.S.C. 3101; 28 CFR Part 27.

PURPOSE(S):
    The system maintains all documents and evidence filed with the 
Director of OARM pertaining to requests for corrective action by 
employees of, or applicants for employment with, the FBI (or 
recommendations for corrective action by OIG/OPR) brought under the 
FBI's whistleblower regulations, 28 CFR Part 27. The records in the 
system are used by the Director of OARM to determine whether an 
employee or applicant made a protected disclosure that was a 
contributing factor in the FBI's decision to take (or fail to take, or 
threaten to take or fail to take) a covered personnel action against 
the employee or applicant and, if so, what, if any, corrective action 
can and should be appropriately ordered.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Records or information from this system of records may be disclosed 
under the following circumstances when it has been determined by the 
Department of Justice that such a need exists:
    1. To the news media and the public 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.
    2. To a Member of Congress or staff acting upon the Member's behalf 
when the Member or staff requests information on behalf of, and at the 
request of, the individual who is the subject of the record.
    3. To the National Archives and Records Administration for purposes 
of records management inspections conducted under the authority of 44 
U.S.C. 2904, 2906.
    4. Where a record, either on its face 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 of investigating or prosecuting such a violation or 
enforcing or implementing such law.
    5. In an appropriate proceeding before a court, 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

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determines the records to be relevant to the proceeding.
    6. To an actual or potential party to litigation or administrative 
proceeding, or to the party's authorized representative, for the 
purpose of negotiation or discussion of such matters as settlement, 
plea bargaining, or in informal discovery proceedings.
    7. To appropriate officials and employees of a Federal agency or 
entity which requires information relevant to a decision concerning the 
hiring, appointment, or retention 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.
    8. To Federal, State, local, tribal, foreign, or international 
licensing agencies or associations which require information concerning 
the suitability or eligibility of an individual for a license or 
permit.
    9. 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.
    10. 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.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Not applicable.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained in hard copy and in electronic form 
accessible with office automation software on Department personal 
computers within OARM's office suite.

RETRIEVABILITY:
    Information is retrieved by the name of the individual who has 
filed a request for corrective action with OARM (or for whom OIG or OPR 
has made a recommendation for corrective action to OARM) pursuant to a 
claim of unlawful reprisal brought under the FBI whistleblower 
regulations, 28 CFR Part 27.

SAFEGUARDS:
    Information in this system is safeguarded in accordance with 
applicable rules and policies, including the Department's automated 
systems security and access policies. Records in this system are 
maintained in restricted access space in Department of Justice 
controlled facilities and offices. All physical access to the building 
where this system of records is maintained is controlled and monitored 
by security personnel. Computerized data is password protected. The 
information is accessed only by authorized Department personnel or by 
non-Department personnel properly authorized to assist in the conduct 
of an agency function related to these records.

RETENTION AND DISPOSAL:
    The retention and disposal schedule for these records is pending 
approval of the National Archives and Records Administration.

SYSTEM MANAGER(S) AND ADDRESS:
    Director, Office of Attorney Recruitment and Management, Justice 
Management Division, Department of Justice, 20 Massachusetts Avenue, 
NW., Suite 5100, Washington, DC 20530.

NOTIFICATION PROCEDURE:
    Address inquiries to the System Manager named above.

RECORD ACCESS PROCEDURES:
    Requests for access must be in writing and should be addressed to 
the System Manager named above. The envelope and letter should be 
clearly marked ``Privacy Act Request.'' Requests for access to records 
must comply with the Department's Privacy Act regulations, to include a 
general description of the records sought, and the requester's full 
name, current address, and date and place of birth. The request must be 
signed and dated and either notarized or submitted under penalty of 
perjury. Some information may be exempt from access provisions as 
described in the section entitled ``Exemptions Claimed for the 
System.'' 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.

CONTESTING RECORD PROCEDURES:
    Individuals desiring to contest or amend information maintained in 
the system should direct their request according to the Records Access 
procedures and to the System Manager 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 may be exempt from contesting record procedures as 
described in the section entitled ``Exemptions Claimed for the 
System.'' 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.

RECORD SOURCE CATEGORIES:
    Information in this system of records is obtained from the subject 
of the record and/or the subject's representative, the FBI, officials 
of the Department, and official Department documents.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    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)(2), 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. 05-17700 Filed 9-6-05; 8:45 am]
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