[Federal Register Volume 76, Number 179 (Thursday, September 15, 2011)]
[Notices]
[Pages 57078-57080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23599]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
[CPCLO Order No. 001-2011]
Privacy Act of 1974; System of Records
AGENCY: Office of the Pardon Attorney (OPA), Department of Justice.
ACTION: Notice of a Modification of a System of Records.
-----------------------------------------------------------------------
SUMMARY: 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 modify a system of records notice, specifically the ``Executive
Clemency Case Files/Executive Clemency Tracking System,'' JUSTICE/OPA-
001, last published in the Federal Register on October 31, 2002 (67 FR
66417). This system notice is modified to include the following: (1)
The system name has been changed to reflect OPA's new case tracking
system, the Executive Clemency Records Database (ECRD), which replaces
the Executive Clemency Tracking System; (2) removal and addition of,
and changes to, routine uses of records maintained in the system; (3)
clarification that the system contains records concerning persons who
have been denied executive clemency, in addition to those who have
applied for or been granted such clemency; and (4) other modifications
to reflect current practices for the system of records. The entire
notice is republished for the convenience of the public.
DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), the public is
given a 30-day period in which to comment. Therefore, please submit any
comments by October 17, 2011.
ADDRESSES: The public, Office of Management and Budget (OMB), and the
Congress are invited to submit any comments to the Privacy Analyst,
Office of Privacy and Civil Liberties, Department of Justice, National
Place Building, 1331 Pennsylvania Avenue, NW., Suite 1070, Washington,
DC 20530.
FOR FURTHER INFORMATION CONTACT: Linda M. V. Bowe, Paralegal
Specialist, 202.616.6070, Office of the Pardon Attorney, U.S.
Department of Justice, Washington, DC 20530.
SUPPLEMENTARY INFORMATION: The change in the text of the notice
entitled ``Executive Clemency Records Database (ECRD)/Executive
Clemency Case Files'' is shown below.
In accordance with 5 U.S.C. 552a(r), the Department has provided a
report to OMB and the Congress on the modified system of records.
Dated: August 12, 2011.
Nancy C. Libin,
Chief Privacy and Civil Liberties Officer, United States Department of
Justice.
JUSTICE/OPA-001
System Name:
Executive Clemency Records Database (ECRD)/Executive Clemency Case
Files.
Security Classification:
Unclassified.
System Location:
Office of the Pardon Attorney (OPA), U.S. Department of Justice,
Washington, DC 20530.
Categories Of Individuals Covered By The System:
Individuals who have applied for or have been granted or denied
executive clemency, and individuals who have corresponded with OPA,
either directly or by referral, concerning persons who have applied for
or have been granted or denied executive clemency. In addition, the
categories of individuals covered by this system also include DOJ
personnel, to include DOJ contractors, authorized to access and use the
system.
Categories of Records in the System:
The system contains data, documents and correspondence, in hard
copy and/or electronic format, concerning the individual case files of
persons who have applied for or been granted or denied executive
clemency, which may include the following: The clemency petition;
character affidavits; investigatory material; court-related documents
(e.g., presentence reports, judgments of conviction, and court
opinions); official court-martial documents (in military cases); prison
progress reports and U.S. Parole Commission notices of action; media
reports (e.g., newspaper and magazine articles); and official and other
correspondence (both generated and received, whether solicited or
unsolicited), including correspondence received by OPA concerning an
individual who has filed a clemency petition or is granted or denied
clemency. Additionally, the system contains inter-agency and intra-
agency reports as well as case notes, recommendations, and decisional
documents generated throughout the deliberative process to assist OPA
in formulating clemency recommendations to the President or otherwise
performing its duties more efficiently. The system contains records
regarding authorized system users, including audit log information and
records relating to verification or authorization of an individual's
access to the system.
Authority for Maintenance of the System:
The system is established and maintained in order to carry out the
duties assigned by the President, pursuant to the power granted him
under the United States Constitution, Article II, section 2, to the
Department of Justice (DOJ) in Executive Order of the President 30-1,
dated June 16, 1893; and Executive Order of the President No. 11878
(published at 40 FR 42731), as delegated by the Attorney General to OPA
in 28 CFR 0.35 and 0.36 (Attorney General Order No. 1012-83, published
at 48 FR 22290), and as described in 28 CFR 1.1 through 1.11 (Attorney
General Order No. 1798-93, published at 58 FR 53658); and 44 U.S.C.
3101.
Purpose(s):
Executive clemency case files and the records contained within ECRD
are maintained by the Attorney General or his designee to facilitate
and document the functions of the Attorney General or his designee in
receiving, investigating, and evaluating requests for executive
clemency; preparing the necessary reports and recommendations from the
DOJ to the President in clemency matters; serving as a liaison with
clemency applicants and the public on clemency matters; and advising
the President on the historical exercise of the clemency power. The
system's use of computerized records facilitates an increased level of
efficiency and automation with regard to the maintenance and use of
information contained therein.
[[Page 57079]]
Routine Uses of Records Maintained in the System, Including Categories
of Users and Purposes of Such Uses:
Information contained in this system may be disclosed as follows:
(a) To the President, and members of his staff, in order to assist
him in the exercise of his constitutional clemency power.
(b) To any person or entity, whose comments on a particular
clemency matter are solicited by OPA in connection with its
investigation and review of a case, to the extent deemed by OPA to be
necessary in order to enable such persons to respond to the request.
(c) 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.
(d) To a private contractor or federal agency for the purpose of
preparing bound and indexed volumes containing originals and/or
photocopies of the official warrant of clemency granted each clemency
recipient as a public and official record of Presidential action.
(e) 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.
(f) To a federal, state, local, or tribal agency, including
prosecution, corrections, sentencing, parole, or probation authorities,
in order to assist it in the execution of appropriate actions necessary
to implement a Presidential clemency decision or in the performance of
its official duties.
(g) 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.
(h) In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body, when the DOJ 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.
(i) To the news media and the public, including disclosures
pursuant to 28 CFR Sec. 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.
(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 for
purposes of records management inspections and accessions conducted
under the authority of 44 U.S.C. 2904 and 2906.
(l) To former employees of the Department for purposes of:
Responding to an official inquiry by a federal, state, local, or tribal
government entity or professional licensing authority, in accordance
with applicable Departmental 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.
(m) To appropriate agencies, entities, and persons when (1) It is
suspected or confirmed that the security or confidentiality of
information in the system of records has been compromised; (2) the
Department has determined that as a result of the suspected or
confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by the Department or another agency or entity) that rely
upon the compromised information; 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 compromise and prevent, minimize, or remedy such harm.
(n) To appropriate officials and employees of a federal agency or
entity when the information is 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.
Disclosure to Consumer Reporting Agencies:
None.
Policies and Practices for Storing, Retrieving, AcceSSING, Retaining,
and Disposing of Records in the System:
Storage:
All records which are part of Executive Clemency Case Files are
stored within OPA's work area in individual file folders in a secure
file room or file cabinets with controlled access, and/or other
appropriate GSA-approved security containers. All records which are
part of ECRD are stored in electronic form in a secure client/server
configuration.
Retrievability:
Individual case files which are part of Executive Clemency Case
Files are retrieved primarily by the name of the person who applied for
or was granted or denied executive clemency but also may be retrieved
via any piece of uniquely identifying data (i.e., BOP register number,
case file number, FBI number, or Social Security number).
Safeguards:
All records which are part of Executive Clemency Case Files are
secured through the use of safes, locked file cabinets, and/or
restricted access to the space in which they are located.
All records which are part of ECRD are safeguarded in accordance
with DOJ rules and policies governing automated systems security and
access; entry to the system takes place through individual login of OPA
employees and other authorized DOJ personnel; mandatory training is
required of all system users; and a thorough audit trail keeps track of
user activity within ECRD.
Retention and Disposal:
All paper records are stored within OPA's work area while clemency
is pending, and generally for up to two years after the date of final
action. Closed case files are transferred to the Washington National
Records Center in Suitland, Maryland one full year after the calendar
year in which the case was closed. Except for copies of reports
furnished to the President on particular clemency matters, clemency
warrants and other documents reflecting the President's action in
clemency cases, case files in any cases in which clemency is granted,
case files in other cases designated by the Pardon Attorney as having
significant public interest, and notices issued by OPA to the Office of
Public Affairs of the DOJ, case files at the Washington National
Records Center are destroyed no sooner than 25 years
[[Page 57080]]
after the case is closed, in accordance with the Records Disposition
Authority NC1-204-95-1, or successor Records Disposition Authority.
All records within ECRD are maintained within the system while a
clemency petition is pending and for fifteen years after the year in
which the case was closed. Copies of all records pertaining to cases
closed in the previous calendar year contained within the system are
sent to NARA on an annual basis. OPA maintains legal custody of these
records until fifteen years have elapsed, at which point the records
within ECRD are destroyed and NARA becomes the legal custodian of the
records. This change occurs in accordance with Records Disposition
Authority DA-204-2011-0001 or successor Records Disposition Authority.
System Manager(s) and Address:
Pardon Attorney, Office of the Pardon Attorney, U.S. Department of
Justice, Washington, DC 20530.
Notification Procedure:
Address inquiries to the Pardon Attorney, Office of the Pardon
Attorney, U.S. Department of Justice, Washington, DC 20530, or e-mail
inquiries to [email protected].
Record Access Procedures:
The Attorney General has exempted executive clemency records from
various provisions of the Privacy Act, including the access and
amendment provisions, to the extent such exemptions apply pursuant to 5
U.S.C. 552a(j)(2). Where compliance would not appear to interfere with
or adversely affect the purposes of the system or the law enforcement
process, the applicable exemption (in whole or in part) may be waived
by the OPA in its sole discretion. These requests for discretionary
releases of records shall be made either in writing or via email to the
system manager listed above with the envelope and letter or subject
line clearly marked ``Privacy Access Request.'' Include in the request
the general subject matter of the document. Provide full name, current
address, date and place of birth, signature, all of (which must be
either be notarized or submitted under penalty of perjury), and a
return address or email address for transmitting the information.
Contesting Record Procedures:
Same as Record Access Procedures.
Record Source Categories:
Sources of information include: individual applicants for clemency,
their representatives, and persons who write, confer with, or orally
advise OPA concerning those applicants; investigatory reports of the
Federal Bureau of Investigation, the Drug Enforcement Administration,
the Internal Revenue Service, Immigration and Customs Enforcement
agency of the Department of Homeland Security and other appropriate
government agencies; records of the Federal Bureau of Prisons; reports
of the Armed Forces; presentence reports provided by the Bureau of
Prisons or the federal Probation Offices; reports of the U.S. Parole
Commission; data provided by the Office of White House Counsel;
comments and recommendations from current and former federal and state
officials; and employees of the Department of Justice.
Exemptions Claimed for the System:
The Attorney General has exempted this system from subsections
(c)(3), (c)(4), (d)(1), (d)(2), (d)(3), (d)(4), and (e)(5) of the
Privacy Act pursuant to 5 U.S.C. 552a(j)(2). 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. 2011-23599 Filed 9-14-11; 8:45 am]
BILLING CODE 4410-29-P